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S.F. No. 983 - Personal Care Assistance Services Eligibility Modifications
 
Author: Senator Jim Abeler
 
Prepared By: Liam Monahan, Senate Analyst (651/296-1791)
 
Date: February 8, 2019



 

S.F. No. 983 modifies the eligibility criteria for PCA services, modifies the level of care criteria for ICF/DD services and developmental disabilities waiver services, and limits the growth of participation in the developmental disabilities waiver and the community access for disability inclusion waiver.

Section 1 (256B.0625, subdivision 19a) increases the determined dependencies in activities in daily living required for personal care assistance services from one activity of daily living to either one critical activity of daily living or two activities of daily living. The current standard for an individual with a determined dependency in a single Level I behavior remains unchanged.

Section 2 (256B.0651, subdivision 1) creates a cross-reference to an existing definition of “critical activity of daily living.”  The critical activities of daily living are transferring, mobility, eating, and toileting.

Section 3 (256B.0625, subdivision 6, paragraph (a)) removes a redundant cross-reference.

Paragraph (c) removes an unnecessary cross-reference.

Paragraph (d) modifies the home care rating and maximum number of units of service available for individuals who have dependencies in two activities of daily living or one critical activity of daily living.  The current home care rating and maximum number of units for individuals with a determined dependency in a single Level I behavior remains unchanged.

Section 4 (256B.0659, subdivision 1) modifies the definition of “dependencies in activities of daily living” to conform with the increase in determined dependencies required for personal care assistance services.

Section 5 (256B.0911, subdivision 4e, paragraphs (a) and (b)) make editorial changes and strike obsolete language.  These changes are effective upon the effective date of the pending changes to the nursing facility level of care criteria for individuals under age 21.

Paragraph (c) establishes in state statute level of care criteria for medical assistance state plan services provided in intermediate care facilities for people with developmental disabilities or for developmental disabilities waiver services. 

This paragraph is effective October 1, 2019.  Under current law, the level of care criteria for ICF/DDs and DD waiver services are based on criteria developed by the commissioner.  The commissioner's criteria are summarized in "Care Manager's Guide to Determining ICF/DD Level of Care for ICF/DD and DD Waiver Services," DHS-4147A.  The language in paragraph (c) modifies the commissioner's criteria primarily by limiting the characteristics of someone needing active treatment to the characteristics listed in clause (2).

Section 6 (256B.0915, subdivision 3a) makes a conforming change.

Section 7 [256B.092, subdivision 12a] places an unspecified limit on the growth of participation in the developmental disabilities waiver.

Section 8 [256B.49, subdivision 11b] places an unspecified limit on the growth of participation in the community access for disability inclusion waiver.

 

 
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