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Minnesota Legislature

Office of the Revisor of Statutes

9505.0295 HOME HEALTH SERVICES.

Subpart 1.

Definition.

For the purposes of this part, "home health service" means a medically necessary health service that is:

A.

ordered by a physician; and

B.

documented in a plan of care that is reviewed and revised as medically necessary by the physician at least once every 60 days; and

C.

provided to the recipient at his or her residence that is a place other than a hospital or long-term care facility except as in part 9505.0360, or unless the home health service in an intermediate care facility is for an episode of acute illness and is not a required standard for care, safety, and sanitation in an intermediate care facility under Code of Federal Regulations, title 42, part 442, subpart F or G.

Subp. 2.

Covered services.

Home health services in items A to H are eligible for medical assistance payment:

A.

nursing services under part 9505.0290;

B.

home care nursing services under part 9505.0360;

C.

services of a home health aide under part 9505.0290;

D.

personal care services under part 9505.0335;

E.

respiratory therapy services ordered by a physician and provided by an employee of a home health agency who is a registered respiratory therapist or a certified respiratory therapist working under the direction of a registered respiratory therapist or a registered nurse. For purposes of this item, "registered respiratory therapist" means an individual who is registered as a respiratory therapist with the National Board for Respiratory Care; "certified respiratory therapist" means an individual who is certified as a respiratory therapist by the National Board for Respiratory Care; and "respiratory therapy services" means services defined by the National Board for Respiratory Care as within the scope of services of a respiratory therapist;

F.

rehabilitative and therapeutic services that are defined under part 9505.0390, subpart 1;

G.

medical supplies and equipment ordered in writing by a physician or doctor of podiatry; and

H.

oxygen ordered in writing by a physician.

Subp. 3.

Payment limitation; general.

Medical assistance payments for home health services shall be limited according to items A to C.

A.

Home health services to a recipient that began before and are continued without increase on or after October 12, 1987, shall be exempt from the payment limitations of this subpart.

B.

Home health services to a recipient that begin or are increased in type, number, or frequency on or after October 12, 1987, are eligible for medical assistance payment without a screening team's determination of the recipient's eligibility if the total payment for each of two consecutive months of home health services does not exceed $1,200. The limitation of $1,200 shall be adjusted annually on July 1 to reflect the annual percentage increase reported in the most recent Consumer Price Index (Urban) for the Minneapolis-Saint Paul area new series index (1967=100) as published by the Bureau of Labor Statistics, United States Department of Labor. The Consumer Price Index (Urban) is incorporated by reference and is available from the Minitex interlibrary loan system. It is subject to frequent change.

C.

If the total payment for each of two consecutive months of home health services exceeds $1200, a screening team shall determine the recipient's eligibility for home health services based on the case mix classification established under Minnesota Statutes, section 256B.431, subdivision 1, that is most appropriate to the recipient's diagnosis, condition, and plan of care.

(1)

Home health services may be provided for a recipient determined by the screening team to be eligible for placement in a residential program for persons with physical disabilities operated under parts 9570.2000 to 9570.3600, if the total payment for a month of home health services is less than the total monthly statewide average rate of the case mix classification most appropriate to the recipient if the recipient were placed in a residential program for persons with physical disabilities.

(2)

Home health services may be provided for a recipient determined by the screening team to be eligible for placement in a long-term care facility other than a residential program for persons with physical disabilities operated under parts 9570.2000 to 9570.3600, if the total payment for a month of home health services is less than the total monthly statewide average rate for the case mix classification most appropriate to the recipient.

(3)

Home health services may be provided for a ventilator dependent recipient if the screening team determines the recipient's health care needs can be provided in the recipient's residence and the cost of home health services is less than the projected monthly cost of services provided by the least expensive hospital in the recipient's local trade area that is staffed and equipped to provide the recipient's necessary care. The recipient's physician in consultation with the staff of the hospital shall determine whether the hospital is staffed and equipped to provide the recipient's necessary care. The hospital's projected monthly cost must be computed by multiplying the projected monthly charges that the hospital would bill to medical assistance for services to the recipient by the hospital's cost to charge ratio as determined by a medical assistance settlement made under title XIX of the Social Security Act.

Subp. 4.

Review of screening team determinations of eligibility.

The commissioner shall appoint a grievance committee comprised of persons familiar with the receipt or delivery of home health services. The committee shall have at least seven members, of whom a majority must be qualified recipients. At the request of the commissioner or a recipient, the committee shall review and advise the commissioner regarding the determination of the screening team under subpart 3.

Subp. 5.

Payment limitation; screening team.

Medical assistance payment for screening team services provided in subpart 3 is prohibited for a screening team that has a common financial interest, with the provider of home health services or for a provider of a personal care service listed in part 9505.0335, subparts 8 and 9, unless:

A.

approval by the department is obtained before screening is done; or

B.

the screening team and provider of personal care services are parts of a governmental personnel administration system.

Statutory Authority:

MS s 256B.04

History:

12 SR 624; 13 SR 1448; 15 SR 2404; L 2005 c 56 s 2; L 2014 c 291 art 9 s 5

Published Electronically:

August 12, 2014