As members are aware, the 2019 Health and Human Service Omnibus bill contained many important changes to Home and Community-Based Service. Initial information that ARRM provided contained an effective date of August 1st, however because these items were contained in an overall appropriations bill, the effective date is July 1st. We have since corrected this information in past communications and have been communicating the new date to members.
The Licensing Department recently released further guidance on some of the changes that we wanted to share with you, specifically, what licensing will be looking for in verifying that members have come into compliance with the new requirements.
Annual Conversation on Technology
During licensing review, licensors will confirm that providers discussed the use of technology during annual meetings and documented the discussions in the coordinated service and support plan addendum. Licensors will also review the documentation for a decision about the use of technology and an indication of whether more information is needed to make a decision.
Annual Training
There is no longer a requirement for a minimum number of hours of annual training. Orientation and annual training requirements for the Positive Support Rule have not changed. The requirement to document staff training has not changed. Providers must document staff training according to Minnesota Statutes, section 245D.095, subdivision 5, including the date the training was completed, the number of hours per subject area, and the name of the trainer or instructor.
Intensive Support Standards
Service planning and delivery for in-home family support, in-home supported living services and semi-living services must now be provided following the standards of intensive support services.
For people currently receiving services, at the time of their annual service plan review, providers must follow the intensive support standards.
HCBS Billing and Service Documentation Requirements
As a reminder, the following documentation standards must be met by providers:
- The date of the documentation
- The day, month and year the service was provided
- The start and stop times with a.m. and p.m. designations (for hourly or minute-based services)
- Service name or description
- The name, signature and title of the person providing the service. If the service is provided by more than one staff, the provider may designate one staff member responsible
Additionally, providers must have documentation that staff have reviewed and attested to the following statement on an annual basis: “It is a federal crime to provide materially false information on service billings for medical assistance or services provided under a federally approved waiver plan as authorized under Minnesota Statures, sections 256B.0913, 256B.0915, 256B.092, and 256B.49.”
ARRM has reached out to the department to get clarification on the expectations of providers to be in compliance with the requirement that all staff reviewed the above statement by the July 1st date, we have not received a response and will update members as soon as we know more.
You can review the full Implementation Plan for 2019 Legislative Changes from the Licensing Division of the Department of Human Services below.
DHS Licensing changes 2019