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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 195-S.F.No. 473 
                  An act relating to human services; clarifying the 
                  exemptions for persons required to obtain a home care 
                  provider license; eliminating the Medicare 
                  certification requirement for home care providers; 
                  requiring the commissioner of health to develop 
                  licensure for providers of personal care assistant 
                  services; amending Minnesota Statutes 1996, sections 
                  144A.46, subdivision 2; and 256B.071, subdivisions 1, 
                  3, and 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 144A.46, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXEMPTIONS.] The following individuals or 
        organizations are exempt from the requirement to obtain a home 
        care provider license: 
           (1) a person who is licensed as a registered nurse under 
        sections 148.171 to 148.285 and who independently provides 
        nursing services in the home without any contractual or 
        employment relationship to a home care provider or other 
        organization; 
           (2) a personal care assistant who provides services to only 
        one individual under the medical assistance program as 
        authorized under sections 256B.0625, subdivision 19, and 
        256B.04, subdivision 16; 
           (3) a person or organization that exclusively offers, 
        provides, or arranges for personal care assistant services to 
        only one individual under the medical assistance program as 
        authorized under sections 256B.0625, subdivision 19, and 
        256B.04, subdivision 16; 
           (4) a person who is registered under sections 148.65 to 
        148.78 and who independently provides physical therapy services 
        in the home without any contractual or employment relationship 
        to a home care provider or other organization; 
           (5) a provider that is licensed by the commissioner of 
        human services to provide semi-independent living services under 
        Minnesota Rules, parts 9525.0500 to 9525.0660 when providing 
        home care services to a person with a developmental disability; 
           (6) a provider that is licensed by the commissioner of 
        human services to provide home and community-based services 
        under Minnesota Rules, parts 9525.2000 to 9525.2140 when 
        providing home care services to a person with a developmental 
        disability; 
           (7) a person or organization that provides only home 
        management services, if the person or organization is registered 
        under section 144A.43, subdivision 3 144A.461; or 
           (8) a person who is licensed as a social worker under 
        sections 148B.18 to 148B.28 and who provides social work 
        services in the home independently and not through any 
        contractual or employment relationship with a home care provider 
        or other organization. 
           An exemption under this subdivision does not excuse the 
        individual from complying with applicable provisions of the home 
        care bill of rights. 
           Sec. 2.  Minnesota Statutes 1996, section 256B.071, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION.] (a) "Dual entitlees" means 
        recipients eligible for either the medical assistance program or 
        the alternative care program who are also eligible for the 
        federal Medicare program.  
           (b) For purposes of this section, "home care services" 
        means home health agency services, private duty nursing 
        services, personal care assistant services, waivered services, 
        alternative care program services, hospice services, 
        rehabilitation therapy services, and suppliers of medical 
        supplies and equipment. 
           Sec. 3.  Minnesota Statutes 1996, section 256B.071, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REFERRALS TO MEDICARE CERTIFIED PROVIDERS 
        REQUIRED.] Non-Medicare certified home care providers and 
        nonparticipating Medicare certified home care service 
        providers medical suppliers that do not participate or accept 
        Medicare assignment must refer and document the referral of dual 
        eligible recipients to Medicare certified providers when 
        Medicare is determined to be the appropriate payer for services 
        and supplies and equipment or services.  Non-Medicare certified 
        and nonparticipating Medicare certified home care service 
        Providers will be terminated from participation in the medical 
        assistance program for failure to make such referrals. 
           Sec. 4.  Minnesota Statutes 1996, section 256B.071, 
        subdivision 4, is amended to read: 
           Subd. 4.  [MEDICARE CERTIFICATION REQUIREMENT.] Medicare 
        certification is required of all medical assistance enrolled 
        home care service providers as defined in subdivision 1 within 
        one year of the date the Minnesota department of health gives 
        notice to the department that initial Medicare surveys will 
        resume required under Title XIX of the Social Security Act.  
           Sec. 5.  [PERSONAL CARE ASSISTANT PROVIDERS.] 
           The commissioner of health shall create a unique category 
        of licensure as appropriate for providers offering, providing, 
        or arranging personal care assistant services to more than one 
        individual.  The commissioner shall work with the department of 
        human services, providers, consumers, and advocates in 
        developing the licensure standards.  Prior to promulgating the 
        rule, the commissioner shall submit the proposed rule to the 
        legislature by January 15, 1999. 
           Sec. 6.  [EFFECTIVE DATE.] 
           Sections 1 to 5 are effective the day following final 
        enactment. 
           Presented to the governor May 19, 1997 
           Signed by the governor May 20, 1997, 10:56 a.m.