2007 Minnesota Statutes

256B.0915 MEDICAID WAIVER FOR ELDERLY SERVICES.
    Subdivision 1. Authority. The commissioner is authorized to apply for a home and
community-based services waiver for the elderly, authorized under section 1915(c) of the Social
Security Act, in order to obtain federal financial participation to expand the availability of
services for persons who are eligible for medical assistance. The commissioner may apply for
additional waivers or pursue other federal financial participation which is advantageous to the
state for funding home care services for the frail elderly who are eligible for medical assistance.
The provision of waivered services to elderly and disabled medical assistance recipients must
comply with the criteria for service definitions and provider standards approved in the waiver.
    Subd. 1a. Elderly waiver case management services. (a) Elderly case management services
under the home and community-based services waiver for elderly individuals are available from
providers meeting qualification requirements and the standards specified in subdivision 1b.
Eligible recipients may choose any qualified provider of elderly case management services.
    Case management services assist individuals who receive waiver services in gaining access
to needed waiver and other state plan services, as well as needed medical, social, educational, and
other services regardless of the funding source for the services to which access is gained.
    A case aide shall provide assistance to the case manager in carrying out administrative
activities of the case management function. The case aide may not assume responsibilities that
require professional judgment including assessments, reassessments, and care plan development.
The case manager is responsible for providing oversight of the case aide.
    Case managers shall be responsible for ongoing monitoring of the provision of services
included in the individual's plan of care. Case managers shall initiate and oversee the process
of assessment and reassessment of the individual's care and review plan of care at intervals
specified in the federally approved waiver plan.
    (b) The county of service or tribe must provide access to and arrange for case management
services. County of service has the meaning given it in Minnesota Rules, part 9505.0015, subpart
11.
    Subd. 1b. Provider qualifications and standards. The commissioner must enroll qualified
providers of elderly case management services under the home and community-based waiver for
the elderly under section 1915(c) of the Social Security Act. The enrollment process shall ensure
the provider's ability to meet the qualification requirements and standards in this subdivision and
other federal and state requirements of this service. An elderly case management provider is an
enrolled medical assistance provider who is determined by the commissioner to have all of the
following characteristics:
    (1) the demonstrated capacity and experience to provide the components of case management
to coordinate and link community resources needed by the eligible population;
    (2) administrative capacity and experience in serving the target population for whom it will
provide services and in ensuring quality of services under state and federal requirements;
    (3) a financial management system that provides accurate documentation of services and
costs under state and federal requirements;
    (4) the capacity to document and maintain individual case records under state and federal
requirements; and
    (5) the lead agency may allow a case manager employed by the lead agency to delegate
certain aspects of the case management activity to another individual employed by the lead
agency provided there is oversight of the individual by the case manager. The case manager
may not delegate those aspects which require professional judgment including assessments,
reassessments, and care plan development. Lead agencies include counties, health plans, and
federally recognized tribes who authorize services under this section.
    Subd. 1c. [Repealed by amendment, 2007 c 147 art 7 s 15]
    Subd. 1d. Posteligibility treatment of income and resources for elderly waiver.
    Notwithstanding the provisions of section 256B.056, the commissioner shall make the following
amendment to the medical assistance elderly waiver program effective July 1, 1999, or upon
federal approval, whichever is later.
    A recipient's maintenance needs will be an amount equal to the Minnesota supplemental aid
equivalent rate as defined in section 256I.03, subdivision 5, plus the medical assistance personal
needs allowance as defined in section 256B.35, subdivision 1, paragraph (a), when applying
posteligibility treatment of income rules to the gross income of elderly waiver recipients, except
for individuals whose income is in excess of the special income standard according to Code of
Federal Regulations, title 42, section 435.236. Recipient maintenance needs shall be adjusted
under this provision each July 1.
    Subd. 2. Spousal impoverishment policies. The commissioner shall apply:
    (1) the spousal impoverishment criteria as authorized under United States Code, title 42,
section 1396r-5, and as implemented in sections 256B.0575, 256B.058, and 256B.059;
    (2) the personal needs allowance permitted in section 256B.0575; and
    (3) an amount equivalent to the group residential housing rate as set by section 256I.03,
subdivision 5 , and according to the approved federal waiver and medical assistance state plan.
    Subd. 3. Limits of cases. The number of medical assistance waiver recipients that a lead
agency may serve must be allocated according to the number of medical assistance waiver cases
open on July 1 of each fiscal year. Additional recipients may be served with the approval of the
commissioner.
    Subd. 3a.[Repealed, 1Sp2001 c 9 art 3 s 76; art 4 s 34]
    Subd. 3a. Elderly waiver cost limits. (a) The monthly limit for the cost of waivered services
to an individual elderly waiver client shall be the weighted average monthly nursing facility
rate of the case mix resident class to which the elderly waiver client would be assigned under
Minnesota Rules, parts 9549.0050 to 9549.0059, less the recipient's maintenance needs allowance
as described in subdivision 1d, paragraph (a), until the first day of the state fiscal year in which the
resident assessment system as described in section 256B.437 for nursing home rate determination
is implemented. Effective on the first day of the state fiscal year in which the resident assessment
system as described in section 256B.437 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 rate of the case mix resident class to
which the waiver client would be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059,
in effect on the last day of the previous state fiscal year, adjusted by the greater of any legislatively
adopted home and community-based services percentage rate increase or the average statewide
percentage increase in nursing facility payment rates.
    (b) 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), 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).
    Subd. 3b.[Repealed, 1Sp2001 c 9 art 3 s 76; art 4 s 34]
    Subd. 3b. Cost limits for elderly waiver applicants who reside in a nursing facility.
    (a) For a person who is a nursing facility resident at the time of requesting a determination of
eligibility for elderly waivered services, a monthly conversion limit for the cost of elderly
waivered services may be requested. The monthly conversion limit for the cost of elderly
waiver services shall be the resident class assigned under Minnesota Rules, parts 9549.0050 to
9549.0059, for that resident in the nursing facility where the resident currently resides until July 1
of the state fiscal year in which the resident assessment system as described in section 256B.438
for nursing home rate determination is implemented. Effective on July 1 of the state fiscal year in
which the resident assessment system as described in section 256B.438 for nursing home rate
determination is implemented, the monthly conversion limit for the cost of elderly waiver services
shall be the per diem nursing facility rate as determined by the resident assessment system as
described in section 256B.438 for that resident in the nursing facility where the resident currently
resides multiplied by 365 and divided by 12, less the recipient's maintenance needs allowance as
described in subdivision 1d. The initially approved conversion rate may be adjusted by the greater
of any subsequent legislatively adopted home and community-based services percentage rate
increase or the average statewide percentage increase in nursing facility payment rates. The limit
under this subdivision only applies to persons discharged from a nursing facility after a minimum
30-day stay and found eligible for waivered services on or after July 1, 1997. For conversions
from the nursing home to the elderly waiver with consumer directed community support services,
the conversion rate limit is equal to the nursing facility rate reduced by a percentage equal to the
percentage difference between the consumer directed services budget limit that would be assigned
according to the federally approved waiver plan and the corresponding community case mix
cap, but not to exceed 50 percent.
    (b) The following costs must be included in determining the total monthly costs for the
waiver client:
    (1) cost of all waivered services, including extended medical supplies and equipment and
environmental modifications and adaptations; and
    (2) cost of skilled nursing, home health aide, and personal care services reimbursable by
medical assistance.
    Subd. 3c.[Repealed, 1Sp2001 c 9 art 3 s 76; art 4 s 34]
    Subd. 3c. Service approval and contracting provisions. (a) Medical assistance funding for
skilled nursing services, private duty nursing, home health aide, and personal care services for
waiver recipients must be approved by the case manager and included in the individual care plan.
    (b) A lead agency is not required to contract with a provider of supplies and equipment if the
monthly cost of the supplies and equipment is less than $250.
    Subd. 3d. Adult foster care rate. The adult foster care rate shall be considered a difficulty
of care payment and shall not include room and board. The adult foster care service rate shall
be negotiated between the lead agency and the foster care provider. The elderly waiver payment
for the foster care service in combination with the payment for all other elderly waiver services,
including case management, must not exceed the limit specified in subdivision 3a, paragraph (a).
    Subd. 3e. Customized living service rate. (a) Payment for customized living services
shall be a monthly rate negotiated and authorized by the lead agency within the parameters
established by the commissioner. The payment agreement must delineate the services that have
been customized for each recipient and specify the amount of each service to be provided. The
lead agency shall ensure that there is a documented need for all services authorized. Customized
living services must not include rent or raw food costs. The negotiated payment rate must be
based on services to be provided. Negotiated rates must not exceed payment rates for comparable
elderly waiver or medical assistance services and must reflect economies of scale.
    (b) The individualized monthly negotiated payment for customized living services shall not
exceed the nonfederal share, in effect on July 1 of the state fiscal year for which the rate limit is
being calculated, of the greater of either the statewide or any of the geographic groups' weighted
average monthly nursing facility rate of the case mix resident class to which the elderly waiver
eligible client would be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059, less the
maintenance needs allowance as described in subdivision 1d, paragraph (a), until the July 1 of the
state fiscal year in which the resident assessment system as described in section 256B.437 for
nursing home rate determination is implemented. Effective on July 1 of the state fiscal year in
which the resident assessment system as described in section 256B.437 for nursing home rate
determination is implemented and July 1 of each subsequent state fiscal year, the individualized
monthly negotiated payment for the services described in this clause shall not exceed the limit
described in this clause which was in effect on June 30 of the previous state fiscal year and
which has been adjusted by the greater of any legislatively adopted home and community-based
services cost-of-living percentage increase or any legislatively adopted statewide percent rate
increase for nursing facilities.
    (c) Customized living services are delivered by a provider licensed by the Department of
Health as a class A or class F home care provider and provided in a building that is registered
as a housing with services establishment under chapter 144D.
    Subd. 3f. Individual service rates; expenditure forecasts. (a) The lead agency shall
negotiate individual service rates with vendors and may authorize payment for actual costs up
to the lead agency's current approved rate. Persons or agencies must be employed by or under a
contract with the lead agency or the public health nursing agency of the local board of health in
order to receive funding under the elderly waiver program, except as a provider of supplies and
equipment when the monthly cost of the supplies and equipment is less than $250.
    (b) Reimbursement for the medical assistance recipients under the approved waiver shall
be made from the medical assistance account through the invoice processing procedures of the
department's Medicaid Management Information System (MMIS), only with the approval of
the client's case manager. The budget for the state share of the Medicaid expenditures shall be
forecasted with the medical assistance budget, and shall be consistent with the approved waiver.
    Subd. 3g. Service rate limits; state assumption of costs. (a) To improve access to
community services and eliminate payment disparities between the alternative care program and
the elderly waiver, the commissioner shall establish statewide maximum service rate limits and
eliminate lead agency-specific service rate limits.
    (b) Effective July 1, 2001, for service rate limits, except those described or defined in
subdivisions 3d and 3e, the rate limit for each service shall be the greater of the alternative care
statewide maximum rate or the elderly waiver statewide maximum rate.
    (c) Lead agencies may negotiate individual service rates with vendors for actual costs up
to the statewide maximum service rate limit.
    Subd. 3h. Service rate limits; 24-hour customized living services. The payment rates
for 24-hour customized living services is a monthly rate negotiated and authorized by the lead
agency within the parameters established by the commissioner of human services. The payment
agreement must delineate the services that have been customized for each recipient and specify
the amount of each service to be provided. The lead agency shall ensure that there is a documented
need for all services authorized. The lead agency shall not authorize 24-hour customized living
services unless there is a documented need for 24-hour supervision. For purposes of this section,
"24-hour supervision" means that the recipient requires assistance due to needs related to one
or more of the following:
    (1) intermittent assistance with toileting or transferring;
    (2) cognitive or behavioral issues;
    (3) a medical condition that requires clinical monitoring; or
    (4) other conditions or needs as defined by the commissioner of human services. The
lead agency shall ensure that the frequency and mode of supervision of the recipient and the
qualifications of staff providing supervision are described and meet the needs of the recipient.
Customized living services must not include rent or raw food costs. The negotiated payment rate
for 24-hour customized living services must be based on services to be provided. Negotiated rates
must not exceed payment rates for comparable elderly waiver or medical assistance services and
must reflect economies of scale. The individually negotiated 24-hour customized living payments,
in combination with the payment for other elderly waiver services, including case management,
must not exceed the recipient's community budget cap specified in subdivision 3a.
    Subd. 4. Termination notice. The case manager must give the individual a ten-day written
notice of any denial, reduction, or termination of waivered services.
    Subd. 5. Assessments and reassessments for waiver clients. Each client shall receive
an initial assessment of strengths, informal supports, and need for services in accordance with
section 256B.0911, subdivisions 3, 3a, and 3b. A reassessment of a client served under the elderly
waiver must be conducted at least every 12 months and at other times when the case manager
determines that there has been significant change in the client's functioning. This may include
instances where the client is discharged from the hospital.
    Subd. 6. Implementation of care plan. Each elderly waiver client shall be provided a copy
of a written care plan that meets the requirements outlined in section 256B.0913, subdivision 8.
The care plan must be implemented by the county of service when it is different than the county
of financial responsibility. The county of service administering waivered services must notify the
county of financial responsibility of the approved care plan.
    Subd. 7. Prepaid elderly waiver services. An individual for whom a prepaid health plan
is liable for nursing home services or elderly waiver services according to section 256B.69,
subdivision 6a , is not eligible to also receive county-administered elderly waiver services.
    Subd. 8. Services and supports. (a) Services and supports shall meet the requirements set
out in United States Code, title 42, section 1396n.
    (b) Services and supports shall promote consumer choice and be arranged and provided
consistent with individualized, written care plans.
    (c) The state of Minnesota, county, managed care organization, or tribal government under
contract to administer the elderly waiver shall not be liable for damages, injuries, or liabilities
sustained through the purchase of direct supports or goods by the person, the person's family, or
the authorized representatives with funds received through consumer-directed community support
services under the federally approved waiver plan. Liabilities include, but are not limited to,
workers' compensation liability, the Federal Insurance Contributions Act (FICA), or the Federal
Unemployment Tax Act (FUTA).
    Subd. 9. Tribal management of elderly waiver. Notwithstanding contrary provisions of this
section, or those in other state laws or rules, the commissioner may develop a model for tribal
management of the elderly waiver program and implement this model through a contract between
the state and any of the state's federally recognized tribal governments. The model shall include
the provision of tribal waiver case management, assessment for personal care assistance, and
administrative requirements otherwise carried out by lead agencies but shall not include tribal
financial eligibility determination for medical assistance.
History: 1991 c 292 art 7 s 16; 1992 c 513 art 7 s 62-64; 1Sp1993 c 1 art 5 s 68-72;
1Sp1993 c 6 s 13; 1995 c 207 art 6 s 70-74; 1995 c 263 s 9; 1996 c 451 art 2 s 26-28; art 5 s
23,24; 1997 c 113 s 18; 1997 c 203 art 4 s 40-43; 1998 c 407 art 4 s 37,38; 1Sp2001 c 9 art 4 s
28-30; 2002 c 277 s 16,17; 2002 c 375 art 2 s 26-30; 2002 c 379 art 1 s 113; 1Sp2003 c 14 art 2 s
26; art 3 s 30; 2004 c 288 art 5 s 5,6; 2005 c 68 art 2 s 2-4; 2007 c 147 art 7 s 15