SF 1920

as introduced - 89th Legislature (2015 - 2016) Posted on 03/26/2015 09:11am

A bill for an act
relating to human services; modifying requirements for recipient access to
documentation of personal care assistance services or support services provided;
amending Minnesota Statutes 2014, sections 256B.0659, subdivisions 12, 19;
256B.85, subdivision 15.

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

Section 1.

Minnesota Statutes 2014, section 256B.0659, subdivision 12, is amended to
read:

Subd. 12.

Documentation of personal care assistance services provided.

(a)
Personal care assistance services for a recipient must be documented daily by each
personal care assistant, on a time sheet form approved by the commissioner. All
documentation may be Web-based, electronic, or paper documentation. The completed
form must be submitted on a monthly basis to the provider and kept in the recipient's
health record. new text begin On a monthly basis, the provider must provide a recipient or responsible
party with a copy of each completed time sheet form submitted to the provider for personal
care assistance services provided to the recipient during the previous month. The recipient
or responsible party shall determine whether the recipient or responsible party receives the
completed time sheet form in Web-based, paper, or electronic form.
new text end

(b) The activity documentation must correspond to the personal care assistance care
plan and be reviewed by the qualified professional.

(c) The personal care assistant time sheet must be on a form approved by the
commissioner documenting time the personal care assistant provides services in the home.
The following criteria must be included in the time sheet:

(1) full name of personal care assistant and individual provider number;

(2) provider name and telephone numbers;

(3) full name of recipient;

(4) consecutive dates, including month, day, and year, and arrival and departure
times with a.m. or p.m. notations;

(5) signatures of recipient or the responsible party;

(6) personal signature of the personal care assistant;

(7) any shared care provided, if applicable;

(8) a statement that it is a federal crime to provide false information on personal
care service billings for medical assistance payments; and

(9) dates and location of recipient stays in a hospital, care facility, or incarceration.

Sec. 2.

Minnesota Statutes 2014, section 256B.0659, subdivision 19, is amended to read:

Subd. 19.

Personal care assistance choice option; qualifications; duties.

(a)
Under personal care assistance choice, the recipient or responsible party shall:

(1) recruit, hire, schedule, and terminate personal care assistants according to the
terms of the written agreement required under subdivision 20, paragraph (a);

(2) develop a personal care assistance care plan based on the assessed needs
and addressing the health and safety of the recipient with the assistance of a qualified
professional as needed;

(3) orient and train the personal care assistant with assistance as needed from the
qualified professional;

(4) effective January 1, 2010, supervise and evaluate the personal care assistant with
the qualified professional, who is required to visit the recipient at least every 180 days;

(5) monitor and verify in writing and report to the personal care assistance choice
agency the number of hours worked by the personal care assistant and the qualified
professional;

(6) engage in an annual face-to-face reassessment to determine continuing eligibility
and service authorization; and

(7) use the same personal care assistance choice provider agency if shared personal
assistance care is being used.

(b) The personal care assistance choice provider agency shall:

(1) meet all personal care assistance provider agency standards;

(2) enter into a written agreement with the recipient, responsible party, and personal
care assistants;

(3) not be related as a parent, child, sibling, or spouse to the recipient or the personal
care assistant; and

(4) ensure arm's-length transactions without undue influence or coercion with the
recipient and personal care assistant.

(c) The duties of the personal care assistance choice provider agency are to:

(1) be the employer of the personal care assistant and the qualified professional for
employment law and related regulations including, but not limited to, purchasing and
maintaining workers' compensation, unemployment insurance, surety and fidelity bonds,
and liability insurance, and submit any or all necessary documentation including, but not
limited to, workers' compensation and unemployment insurance;

(2) bill the medical assistance program for personal care assistance services and
qualified professional services;

(3) request and complete background studies that comply with the requirements for
personal care assistants and qualified professionals;

(4) pay the personal care assistant and qualified professional based on actual hours
of services provided;

(5) withhold and pay all applicable federal and state taxes;

(6) verify and keep records of hours worked by the personal care assistant and
qualified professional;

new text begin (7) on a monthly basis, provide the recipient or responsible party with a copy of each
completed time sheet form submitted to the provider agency for personal care assistance
services provided to the recipient during the previous month. The recipient or responsible
party shall determine whether the recipient or responsible party receives the completed
time sheet form in Web-based, paper, or electronic form;
new text end

deleted text begin (7) deleted text end new text begin (8) new text end make the arrangements and pay taxes and other benefits, if any, and comply
with any legal requirements for a Minnesota employer;

deleted text begin (8) deleted text end new text begin (9) new text end enroll in the medical assistance program as a personal care assistance choice
agency; and

deleted text begin (9) deleted text end new text begin (10) new text end enter into a written agreement as specified in subdivision 20 before services
are provided.

Sec. 3.

Minnesota Statutes 2014, section 256B.85, subdivision 15, is amended to read:

Subd. 15.

Documentation of support services provided.

(a) Support services
provided to a participant by a support worker employed by either an agency-provider
or the participant acting as the employer must be documented daily by each support
worker, on a time sheet form approved by the commissioner. All documentation may be
Web-based, electronic, or paper documentation. The completed form must be submitted
on a regular basis to the provider or the participant and the FMS contractor selected by
the participant to provide assistance with meeting the participant's employer obligations
and kept in the participant's record. new text begin For completed forms submitted to the provider, the
provider must, on a monthly basis, provide the participant or participant's representative
with a copy of each completed form for support services provided to the participant during
the previous month. The participant or participant's representative shall determine whether
the participant or participant's representative receives the completed form in Web-based,
paper, or electronic form.
new text end

(b) The activity documentation must correspond to the written service delivery plan
and be reviewed by the agency-provider or the participant and the FMS contractor when
the participant is the employer of the support worker.

(c) The time sheet must be on a form approved by the commissioner documenting
time the support worker provides services to the participant. The following criteria must
be included in the time sheet:

(1) full name of the support worker and individual provider number;

(2) agency-provider name and telephone numbers, if responsible for delivery
services under the written service plan;

(3) full name of the participant;

(4) consecutive dates, including month, day, and year, and arrival and departure
times with a.m. or p.m. notations;

(5) signatures of the participant or the participant's representative;

(6) personal signature of the support worker;

(7) any shared care provided, if applicable;

(8) a statement that it is a federal crime to provide false information on CFSS
billings for medical assistance payments; and

(9) dates and location of participant stays in a hospital, care facility, or incarceration.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval. The service
will begin 90 days after federal approval. The commissioner of human services shall
notify the revisor of statutes when this occurs.
new text end