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Minnesota Legislature

Office of the Revisor of Statutes

SF 358

as introduced - 91st Legislature (2019 - 2020) Posted on 01/22/2019 03:49pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; adding start of care evaluations as a covered home care
service under medical assistance; amending Minnesota Statutes 2018, sections
256B.0651, subdivisions 1, 2; 256B.0652, subdivisions 3a, 11; 256B.0653,
subdivisions 2, 6; 256B.0915, subdivision 3a; 256B.85, subdivision 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 256B.0651, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For the purposes of sections 256B.0651 to 256B.0654
and 256B.0659, the terms in paragraphs (b) to deleted text begin(g)deleted text endnew text begin (h)new text end have the meanings given.

(b) "Activities of daily living" has the meaning given in section 256B.0659, subdivision
1, paragraph (b).

(c) "Assessment" means a review and evaluation of a recipient's need for home care
services conducted in person.

(d) "Home care services" means medical assistance covered services that are home health
agency services, including skilled nurse visits; home health aide visits; physical therapy,
occupational therapy, respiratory therapy, and language-speech pathology therapy; home
care nursing; and personal care assistance.

(e) "Home residence," effective January 1, 2010, means a residence owned or rented by
the recipient either alone, with roommates of the recipient's choosing, or with an unpaid
responsible party or legal representative; or a family foster home where the license holder
lives with the recipient and is not paid to provide home care services for the recipient except
as allowed under sections 256B.0652, subdivision 10, and 256B.0654, subdivision 4.

(f) "Medically necessary" has the meaning given in Minnesota Rules, parts 9505.0170
to 9505.0475.

(g) new text begin"Start of care evaluation" means a face-to-face assessment of a person by a registered
nurse or appropriate therapist employed by a home care nursing agency to develop the plan
of care for home care services.
new text end

new text begin (h) new text end"Ventilator-dependent" means an individual who receives mechanical ventilation
for life support at least six hours per day and is expected to be or has been dependent on a
ventilator for at least 30 consecutive days.

Sec. 2.

Minnesota Statutes 2018, section 256B.0651, subdivision 2, is amended to read:


Subd. 2.

Services covered.

Home care services covered under this section and sections
256B.0652 to 256B.0654 and 256B.0659 include:

(1) new text beginstart of care evaluation under subdivision 1, paragraph (g);
new text end

new text begin (2) new text endnursing services under sections 256B.0625, subdivision 6a, and 256B.0653;

deleted text begin (2)deleted text endnew text begin (3)new text end home care nursing services under sections 256B.0625, subdivision 7, and
256B.0654;

deleted text begin (3)deleted text endnew text begin (4)new text end home health services under sections 256B.0625, subdivision 6a, and 256B.0653;

deleted text begin (4)deleted text endnew text begin (5)new text end personal care assistance services under sections 256B.0625, subdivision 19a, and
256B.0659;

deleted text begin (5)deleted text endnew text begin (6)new text end supervision of personal care assistance services provided by a qualified
professional under sections 256B.0625, subdivision 19a, and 256B.0659;

deleted text begin (6)deleted text endnew text begin (7)new text end face-to-face assessments by county public health nurses for services under sections
256B.0625, subdivision 19a, and 256B.0659; and

deleted text begin (7)deleted text endnew text begin (8)new text end service updates and review of temporary increases for personal care assistance
services by the county public health nurse for services under sections 256B.0625, subdivision
19a
, and 256B.0659.

Sec. 3.

Minnesota Statutes 2018, section 256B.0652, subdivision 3a, is amended to read:


Subd. 3a.

Authorization; generally.

The commissioner, or the commissioner's designee,
shall review the assessment, request for temporary services, service plan, new text beginstart of care
evaluation,
new text endand any additional information that is submitted. The commissioner shall, within
30 days after receiving a complete request, assessment, and service plan, authorize home
care services as provided in this section.

Sec. 4.

Minnesota Statutes 2018, section 256B.0652, subdivision 11, is amended to read:


Subd. 11.

Limits on services without authorization.

new text begin(a) new text endA recipient may receive the
following home care services during a calendar year:

(1) up to two face-to-face assessments to determine a recipient's need for personal care
assistance services;

(2) one service update done to determine a recipient's need for personal care assistance
services; and

(3) up to nine face-to-face skilled nurse visits.

new text begin (b) A recipient may receive one start of care evaluation when home care services are
first provided to a recipient by each home health agency.
new text end

Sec. 5.

Minnesota Statutes 2018, section 256B.0653, subdivision 2, is amended to read:


Subd. 2.

Definitions.

For the purposes of this section, the following terms have the
meanings given.

(a) "Assessment" means an evaluation of the recipient's medical need for home health
agency services by a registered nurse or appropriate therapist that is conducted within 30
days of a request.

(b) "Home care therapies" means occupational, physical, and respiratory therapy and
speech-language pathology services provided in the home by a Medicare certified home
health agency.

(c) "Home health agency services" means services delivered by a home health agency
to a recipient with medical needs due to illness, disability, or physical conditions in settings
permitted under section 256B.0625, subdivision 6adeleted text begin.deleted text endnew text begin and the start of care evaluation defined
in section 256B.0651, subdivision 1, paragraph (g), when conducted to determine the need
for a skilled nurse visit or home health aide.
new text end

(d) "Home health aide" means an employee of a home health agency who completes
medically oriented tasks written in the plan of care for a recipient.

(e) "Home health agency" means a home care provider agency that is Medicare-certified.

(f) "Occupational therapy services" mean the services defined in Minnesota Rules, part
9505.0390.

(g) "Physical therapy services" mean the services defined in Minnesota Rules, part
9505.0390.

(h) "Respiratory therapy services" mean the services defined in chapter 147C.

(i) "Speech-language pathology services" mean the services defined in Minnesota Rules,
part 9505.0390.

(j) "Skilled nurse visit" means a professional nursing visit to complete nursing tasks
required due to a recipient's medical condition that can only be safely provided by a
professional nurse to restore and maintain optimal health.

(k) "Store-and-forward technology" means telehomecare services that do not occur in
real time via synchronous transmissions such as diabetic and vital sign monitoring.

(l) "Telehomecare" means the use of telecommunications technology via live, two-way
interactive audiovisual technology which may be augmented by store-and-forward
technology.

(m) "Telehomecare skilled nurse visit" means a visit by a professional nurse to deliver
a skilled nurse visit to a recipient located at a site other than the site where the nurse is
located and is used in combination with face-to-face skilled nurse visits to adequately meet
the recipient's needs.

Sec. 6.

Minnesota Statutes 2018, section 256B.0653, subdivision 6, is amended to read:


Subd. 6.

Noncovered home health agency services.

The following are not eligible for
payment under medical assistance as a home health agency service:

(1) telehomecare skilled nurses services that is communication between the home care
nurse and recipient that consists solely of a telephone conversation, facsimile, electronic
mail, or a consultation between two health care practitioners;

(2) the following skilled nurse visits:

(i) for the purpose of monitoring medication compliance with an established medication
program for a recipient;

(ii) administering or assisting with medication administration, including injections,
prefilling syringes for injections, or oral medication setup of an adult recipient, when, as
determined and documented by the registered nurse, the need can be met by an available
pharmacy or the recipient or a family member is physically and mentally able to
self-administer or prefill a medication;

(iii) services done for the sole purpose of supervision of the home health aide or personal
care assistant;

(iv) services done for the sole purpose to train other home health agency workers;

(v) services done for the sole purpose of blood samples or lab draw when the recipient
is able to access these services outside the home; and

(vi) Medicare evaluation or administrative nursing visits required by Medicaredeleted text begin;deleted text endnew text begin with the
exception of the start of care evaluation defined in section 256B.0651, subdivision 1,
paragraph (g);
new text end

(3) home health aide visits when the following activities are the sole purpose for the
visit: companionship, socialization, household tasks, transportation, and education;

(4) home care therapies provided in other settings such as a clinic or as an inpatient or
when the recipient can access therapy outside of the recipient's residence; and

(5) home health agency services without qualifying documentation of a face-to-face
encounter as specified in subdivision 7.

Sec. 7.

Minnesota Statutes 2018, section 256B.0915, subdivision 3a, is amended to read:


Subd. 3a.

Elderly waiver cost limits.

(a) Effective on the first day of the state fiscal
year in which the resident assessment system as described in section 256R.17 for nursing
home rate determination is implemented and the first day of each subsequent state fiscal
year, the monthly limit for the cost of waivered services to an individual elderly waiver
client shall be the monthly limit of the case mix resident class to which the waiver client
would be assigned under Minnesota Rules, parts 9549.0051 to 9549.0059, in effect on the
last day of the previous state fiscal year, adjusted by any legislatively adopted home and
community-based services percentage rate adjustment. If a legislatively authorized increase
is service-specific, the monthly cost limit shall be adjusted based on the overall average
increase to the elderly waiver program.

(b) The monthly limit for the cost of waivered services under paragraph (a) to an
individual elderly waiver client assigned to a case mix classification A with:

(1) no dependencies in activities of daily living; or

(2) up to two dependencies in bathing, dressing, grooming, walking, and eating when
the dependency score in eating is three or greater as determined by an assessment performed
under section 256B.0911 shall be $1,750 per month effective on July 1, 2011, for all new
participants enrolled in the program on or after July 1, 2011. This monthly limit shall be
applied to all other participants who meet this criteria at reassessment. This monthly limit
shall be increased annually as described in paragraphs (a) and (e).

(c) If extended medical supplies and equipment or environmental modifications are or
will be purchased for an elderly waiver client, the costs may be prorated for up to 12
consecutive months beginning with the month of purchase. If the monthly cost of a recipient's
waivered services exceeds the monthly limit established in paragraph (a), (b), (d), or (e),
the annual cost of all waivered services shall be determined. In this event, the annual cost
of all waivered services shall not exceed 12 times the monthly limit of waivered services
as described in paragraph (a), (b), (d), or (e).

(d) Effective July 1, 2013, the monthly cost limit of waiver services, including any
necessary home care services described in section 256B.0651, subdivision 2, for individuals
who meet the criteria as ventilator-dependent given in section 256B.0651, subdivision 1,
paragraph deleted text begin(g)deleted text endnew text begin (h)new text end, shall be the average of the monthly medical assistance amount established
for home care services as described in section 256B.0652, subdivision 7, and the annual
average contracted amount established by the commissioner for nursing facility services
for ventilator-dependent individuals. This monthly limit shall be increased annually as
described in paragraphs (a) and (e).

(e) Effective January 1, 2018, and each January 1 thereafter, the monthly cost limits for
elderly waiver services in effect on the previous December 31 shall be increased by the
difference between any legislatively adopted home and community-based provider rate
increases effective on January 1 or since the previous January 1 and the average statewide
percentage increase in nursing facility operating payment rates under chapter 256R, effective
the previous January 1. This paragraph shall only apply if the average statewide percentage
increase in nursing facility operating payment rates is greater than any legislatively adopted
home and community-based provider rate increases effective on January 1, or occurring
since the previous January 1.

Sec. 8.

Minnesota Statutes 2018, section 256B.85, subdivision 8, is amended to read:


Subd. 8.

Determination of CFSS service authorization amount.

(a) All community
first services and supports must be authorized by the commissioner or the commissioner's
designee before services begin. The authorization for CFSS must be completed as soon as
possible following an assessment but no later than 40 calendar days from the date of the
assessment.

(b) The amount of CFSS authorized must be based on the participant's home care rating
described in paragraphs (d) and (e) and any additional service units for which the participant
qualifies as described in paragraph (f).

(c) The home care rating shall be determined by the commissioner or the commissioner's
designee based on information submitted to the commissioner identifying the following for
a participant:

(1) the total number of dependencies of activities of daily living;

(2) the presence of complex health-related needs; and

(3) the presence of Level I behavior.

(d) The methodology to determine the total service units for CFSS for each home care
rating is based on the median paid units per day for each home care rating from fiscal year
2007 data for the PCA program.

(e) Each home care rating is designated by the letters P through Z and EN and has the
following base number of service units assigned:

(1) P home care rating requires Level I behavior or one to three dependencies in ADLs
and qualifies the person for five service units;

(2) Q home care rating requires Level I behavior and one to three dependencies in ADLs
and qualifies the person for six service units;

(3) R home care rating requires a complex health-related need and one to three
dependencies in ADLs and qualifies the person for seven service units;

(4) S home care rating requires four to six dependencies in ADLs and qualifies the person
for ten service units;

(5) T home care rating requires four to six dependencies in ADLs and Level I behavior
and qualifies the person for 11 service units;

(6) U home care rating requires four to six dependencies in ADLs and a complex
health-related need and qualifies the person for 14 service units;

(7) V home care rating requires seven to eight dependencies in ADLs and qualifies the
person for 17 service units;

(8) W home care rating requires seven to eight dependencies in ADLs and Level I
behavior and qualifies the person for 20 service units;

(9) Z home care rating requires seven to eight dependencies in ADLs and a complex
health-related need and qualifies the person for 30 service units; and

(10) EN home care rating includes ventilator dependency as defined in section 256B.0651,
subdivision 1
, paragraph deleted text begin(g)deleted text endnew text begin (h)new text end. A person who meets the definition of ventilator-dependent
and the EN home care rating and utilize a combination of CFSS and home care nursing
services is limited to a total of 96 service units per day for those services in combination.
Additional units may be authorized when a person's assessment indicates a need for two
staff to perform activities. Additional time is limited to 16 service units per day.

(f) Additional service units are provided through the assessment and identification of
the following:

(1) 30 additional minutes per day for a dependency in each critical activity of daily
living;

(2) 30 additional minutes per day for each complex health-related need; and

(3) 30 additional minutes per day when the behavior requires assistance at least four
times per week for one or more of the following behaviors:

(i) level I behavior;

(ii) increased vulnerability due to cognitive deficits or socially inappropriate behavior;
or

(iii) increased need for assistance for participants who are verbally aggressive or resistive
to care so that the time needed to perform activities of daily living is increased.

(g) The service budget for budget model participants shall be based on:

(1) assessed units as determined by the home care rating; and

(2) an adjustment needed for administrative expenses.