Section 1 (256B.85) modifies the Community First Services and Supports (CFSS) program, which is designed to replace the Personal Care Assistance (PCA) program with a more comprehensive program encompassing other self-directed services.  CFSS is awaiting federal approval. The modifications are necessary, but not sufficient, for federal approve of CFSS. Many of the changes in this section are technical changes or involve reorganization of the language. Significant policy changes include the following:

Subdivisions 11a – 12b expand the responsibilities of CFSS agency-providers.

Subdivision 11a specifies for agency-provider agencies the requirement and method to evaluate CFSS services.

Subdivision 11b specifies for agency-provider agencies the requirement to and method of ensuring that a support worker is competent to meet the needs of a CFSS participant.

Subdivision 12a, paragraph (a) specifies for agency-provider agencies their duty to develop grievance procedures and policies that meet the requirement of this subdivision.

Paragraph (b) specifies for agency-provider agencies their duty to develop policies and procedures for responding to an “incident,” which is also defined in this paragraph to mean an occurrence involving the participant that requires a response that is outside the range of the ordinary provision of service to the participant.

Subdivision 12b specifies for agency-provider agencies the requirement to and procedures for giving notice of the termination of service to a CFSS participant.

Subdivision 17 adds a requirement that consultation services providers must enter into a written service agreement with CFSS participants or a participant’s representative.

Subdivision 20 clarifies that consultation service providers must provide all CFSS participants with sufficient information to ensure that all participants are able to choose and manage the services and models they choose.  Subdivision 20 also strikes language requiring consultation service providers to provide information about grievance processes, individual rights and risk management.

Subdivisions 20a and 20b expand the service-related and protection-related rights of CFSS participants, but only of those under the agency-provider model.  These subdivisions also expand the notice requirements with respect to these rights.

Subdivision 23a, paragraphs (a) and (b) permit the commissioner to issue sanctions against service providers or participant employers for failing to comply with laws or rules.

Paragraph (c) requires agency-providers to give 30 days’ notice to CFSS participants that the agency-provider will be terminating service as a result of sanctions imposed on the agency-provider by the commissioner.

Paragraph (d) permits but does not require the commissioner to inform the Office of Ombudsman for Long-Term Care, lead agencies, and participants served by an agency-provider if the commissioner imposes sanctions on that agency-provider.