When the county of financial responsibility determines that a person is eligible for case management according to part 9525.0016, the county shall provide the person or the person's legal representative with a written description of available services and an explanation of these services to facilitate an informed choice. The county board shall arrange to provide case management administration and services according to parts 9525.0004 to 9525.0036.
Case management may be provided directly by the county board or by contract. The provision of case management must begin after designation of a case manager and must continue until services are terminated under subpart 7.
When emergency services are required, the county board shall purchase or arrange services for persons who might be eligible for case management under parts 9525.0004 to 9525.0036, but who have not yet received a diagnosis under part 9525.0016.
"Emergency services," for purposes of this subpart, means services provided to persons at imminent risk of physical, emotional, or psychological harm.
"Person who might be eligible for case management," for purposes of this subpart, means a person who the case manager has reason to believe has developmental disability and who is undergoing diagnosis, or who is a child under the age of five undergoing diagnosis according to part 9525.0016, subpart 3.
Within ten working days after receiving an application for services, the county board shall designate a case manager who meets the requirements in subpart 6. The case manager shall assure that a diagnostic assessment under part 9525.0016 is conducted within 35 working days of receipt of an application for services by the county board. The county board shall send a written notice that includes the name, telephone number, and location of the designated case manager or a change in case manager to the person, the person's legal representative and advocate, if any, and current service providers. Upon the county board's determination that a person is in need of case management and an application for services has not yet been filed, the county board must designate a case manager within ten working days.
The county board must not purchase case management from a provider who has direct or indirect financial interest in the provision of other services for that person.
The county board must apply to the commissioner in writing to request authorization for the county to be both the provider of residential, training and habilitation, or semi-independent living services, and the provider of case management. The commissioner shall grant authorization if the county board can demonstrate that a method of preventing conflict of interest has been established that includes the following assurances:
that the designated case manager and the case manager's direct supervisor must not be involved in the provision of residential, training and habilitation, or semi-independent living services for the person; and
that the level of services provided to the person must be consistent with the assessed needs of the person as identified in the individual service plan.
The county board shall establish and monitor implementation of written policies and procedures to:
implement the determination of need process and program review under part 9525.0036.
The county agency must maintain copies of the policies and procedures on file at the county offices, provide copies to individuals providing case management, and make these policies and procedures available upon request.
Individuals providing case management to persons with developmental disabilities must meet the requirements in item A or B.
The designated case manager must have at least a bachelor's degree in social work, special education, psychology, nursing, human services, or other fields related to the education or treatment of persons with developmental disabilities, and one year of experience in the education or treatment of persons with developmental disability.
Except for screening and service planning development services, the county board may establish procedures permitting others than those identified in item A to assist in providing case management services under the supervision of a case manager who meets the qualifications in item A. Before assisting the case manager, the person must complete 40 hours of training in case management and the education and treatment of persons with developmental disability.
The county board shall establish a plan for the training of case managers and case aides. The plan must include at least 20 hours annually in the area of case management or developmental disability. Training and development activities attended by the case managers and case aides must be documented and kept on file with the county.
The county board shall determine the adequacy and quality of services provided to meet the person's needs based on the cost and effectiveness of the services. The county board must not authorize, provide, or pay for services unless identified as needed in the individual service plan, except in the case of emergency services.
A case manager retains responsibility for providing case management services to the person until the responsibility of the county board is terminated according to items A to D or until the county board designates another case manager under subpart 2. The county board may terminate case management when:
the person or the person's legal representative makes a written request that case management and other services designed for the person be terminated, unless the case manager and the person's legal representative determine that case management must continue for the protection of the person;
the person changes state of residence;
the person dies; or
MS s 256B.092
18 SR 2244; L 2003 1Sp14 art 11 s 11; L 2005 c 56 s 2
October 16, 2013
Official Publication of the State of Minnesota
Revisor of Statutes