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S.F. No. 3694 - Personal Care Assistance Services MnCHOICES Lead Agencies Notice Requirement Restoration - As Amended by the A-7 Amendment
 
Author: Senator Jim Abeler
 
Prepared By: Liam Monahan, Senate Analyst (651/296-1791)
 
Date: April 22, 2020



 

Section 1 (256B.0911, subdivision 3a) reinstates the 90-day notice from the commissioner to lead agencies prior to the date on which lead agencies may no longer use legacy documents to conduct assessments for PCA services. This provision was inadvertently removed during the 2019 legislative session due to a drafting error.

Section 2 (TERFA Parental Contribution Prohibition During COVID-19 Peacetime Emergency) suspends the department’s authority to collect parental contribution payments from families participating in the TEFRA program during the COVID-19 peacetime emergency. When the peacetime emergency ends, the department may resume collecting parental contribution payments, but must redetermine a household’s payment amount if the family reported a decrease in income of greater than ten percent during the peacetime emergency.

Section 3 (Temporary Suspension of Monthly Limit on Hours Billed by Personal Care Assistants) temporarily increases the limit on the number of hours personal care assistants may bill from 275 per month to 310 per month.

Section 4 (NEMT Temporary Rate Increase) provides a 50 percent rate increase for NEMT services other than client reimbursement, volunteer transport, and unassisted transport provided by public transit.

Section 5 (COVID-19-Related Emergency Retention Grants for Disability Services) authorizes $25 million in emergency retention grants to providers of certain disability services, including day programs, employment services, children's therapeutic supports and services, early intensive developmental and behavioral intervention services, and nonemergency medical transportation services. Providers may use the grant funds to cover fixed costs associated with maintaining the provider’s infrastructure and capacity to provide services following the public health emergency. As a condition of accepting an emergency retention grant, providers must agree to cooperate with the commissioner to provide services in an alternative manner if possible. In awarding the grants, the commissioner shall prioritize grants to providers who are ineligible for other sources of COVID-19-related emergency funding (e.g., due to not meeting the definition of a small business). The emergency retention grants may be subject to repayment if the provider receives alternative funding from other sources. The grants are also subject to recoupment as overpayments if the provider fails to reimburse the commissioner as required or if the provider uses the grant funds for unauthorized purposes.

Section 6 (PCA Temporary Rate Increase) provides a 15 percent temporary rate increase for all direct support services, including PCA services and services provided through managed care plans, consumer-directed community supports (CDCS), and consumer support grants (CSG). This section requires employers to use at least 80 percent of the additional revenue resulting from the rate increase for increased wages and associated employer costs. Any remainder of the additional revenue resulting from the rate increase providers must use to comply with the CDC recommendations related to sanitation and personal protective equipment for PCAs.

Section 8 (HCBS Temporary Rate Increase) provides a ten percent temporary rate increase for certain HCBS waiver services, including certain residential support services, day programs, and employment services. This section requires providers to use at least 80 percent of the additional revenue resulting from the rate increase for increased wages and associated employer costs. Any remainder of the additional revenue resulting from the rate increase providers must use to comply with the CDC recommendations related to sanitation and personal protective equipment for PCAs.

 

 

 
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