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S.F. No. 4 - Human Services Program Integrity
 
Author: Senator Jerry Relph
 
Prepared By: Liam Monahan, Senate Analyst (651/296-1791)
Joan White, Senate Counsel (651/296-3814)
 
Date: January 11, 2019



 

Sections 1, 10, 12, 13, and 34-38 amend the definition of “income” in CCAP, MA, MFIP, housing assistance, GA, MSA, and MinnesotaCare to include deposits into accounts and funds in personal or business accounts that are used to pay personal expenses, and require documentation of the source for loans.  This change in law will allow a more thorough assessment of income from self-employment.

Section 2 (119B.125, subdivision 1c) requires proof of surety bond coverage for child care centers that receive $100,000 or more in CCAP funds per year. If the provider’s revenue is $100,000 or more in the previous year, the provider must purchase a surety bond.  The surety bond must be in a form approved by the commissioner and must be renewed annually, and must allow for recovery of costs and fees in pursuing a claim on the bond. 

Section 3 (119B.125, subdivision 6) requires that CCAP attendance records be provided at the time of request, and records produced at a subsequent date are not valid for purposes of establishing proof that the child was present, and modifies the calculation for overpayments so that if a record is insufficient to support the billing, an overpayment results, regardless of whether the child is subsequently determined eligible due to an excused absence.

Section 4 (144A.479, subdivision 8) inserts a cross-reference in the home care statute notifying home care providers of their obligation to submit labor market data.

Section 5 (245.095) strengthens the authority of the Commissioner of Human Services to prevent individuals and providers from receiving state funds through a DHS administered program after being excluded from any program administered by DHS.

Section 6 (256.476, subdivision 10) inserts a cross-reference in the consumer supports grants statute notifying grant recipients of their obligation to submit labor market data.

Sections 7 and 8 (256.98, subdivisions 1 and 8) permanently disqualify clients, families, and providers from participating in the program in which they committed fraud if there is a finding or an action by a federal court or state court.  If the finding or action is by administrative hearing, the first offense results in a two-year disqualification and a second offense is a permanent disqualification. 

Section 9 (256B.02, subdivision 7) modifies the definition of “vendor of medical care” to include all home and community-based service providers, thereby clarifying the commissioner’s authority to exclude and sanction these providers for violations of medical assistance requirements.

Section 11 (256B.04, subdivision 21) modifies requirements for provider enrollment in medical assistance; requires the commissioner to conduct provider screening activities consistent with federal law; requires the commissioner to revalidate enrollment of providers every five years and every three years for PCA providers; and requires individuals providing adult rehabilitative mental health services, autism early intensive behavior intervention benefits, home and community-based waiver services under the consumer-directed community supports option, or qualified professional services to enroll in medical assistance as individual providers.

Section 11 also modifies the surety bond requirements for durable medical equipment providers and suppliers.

Section 14 (256B.0623, subdivision 5) requires individual provider staff who provide adult rehabilitative mental health services to enroll with DHS as individual providers after clearing a background check.

Section 15 (256B.0625, subdivision 17) requires individual drivers providing NEMT services to enroll as individuals if the NEMT provider by whom they are employed in based in the Twin Cities metropolitan area.

Section 16 (256B.0625, subdivision 17d) requires the commissioner to apply the commissioner’s existing oversight authority to NEMT providers.

Section 17 (256B.0625, subdivision 17e) specifies the length of time during which a terminated NEMT provider is excluded from the NEMT program and the circumstances under which a previously excluded NEMT provider may enroll as an NEMT provider.

Section 18 (256B.0625, subdivision 17f) requires the commissioner to provide documentation requirements training to NEMT providers and drivers.

Section 19 (256B.0625, subdivision 43) modifies the requirements for documenting mental health provider travel time.

Section 20 (256B.064, subdivision 1b) specifies the length of exclusion for medical assistance for a provider sanctioned by a court for a violation of medical assistance requirements.

Section 21 (256B.0651, subdivision 17) clarifies the authority of the commissioner to notify recipients of services that their provider will be terminated as a medical assistance provider.

Sections 22 – 28 (256B.0659, subdivisions 3, 12 to 14, 19, 21, and 24) modify the service delivery documentation requirements of PCAs and qualified professionals; requires qualified professionals to enroll as individuals with DHS, inserts a cross-reference notifying PCA agencies of their obligation to report labor market data, and modifies the current PCA agency surety bond requirements.

Section 29 (256B.0949, subdivision 15) requires qualified EIDBI providers to enroll with DHS as individual providers after clearing a background check.

Section 30 (256B.4912, subdivision 1a) establishes new labor market data reporting requirements for HCBS providers.

Section 31 (256B.4912, subdivision 11) expands the service delivery documentation requirements for home and community-based services offered through the disability waivers.

Section 32 (256B.5014) inserts a cross-reference notifying ICFs of their obligations to submit labor market data.

Section 33 (256B.85, subdivision 10) inserts a cross-reference informing CFSS agencies of their obligation to submit labor market data.

Section 39 establishes electronic visit verification for PCA services and home health care services as required by federal law.

Section 40 requires the commissioner to study the impact of individual driver enrollment on the integrity of the NEMT program and to report the study’s findings to the legislature.

Section 41 requires a universal identification number for children participating in early childhood programs to determine the extent of potential duplication in the programs.  The proposal would require that MDE, MDH, and DHS jointly identify what is needed to establish and use a universal identification number.

Section 42 increases funding to counties for fraud prevention investigations under section 256.983.

Section 43 is a Revisor’s instruction to codify the electronic visit verification language.

Section 44 repeals the existing PCA service verification system upon the effective date of the electronic visit verification system.

 
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