Minnesota Statutes 256B.4912 — Home and Community-Based Waivers; Providers and Payment

What this rule requires your agency to do

• 1A provider must not exceed its licensed capacity; if it does, the department must recover all Minnesota health care programs payments from the date capacity was exceeded (subd. 15(b)).(Minnesota Statutes 256B.4912 — Home and Community-Based Waivers; Providers and Payment)
• 2The provider must maintain documentation that, upon employment and annually thereafter, staff providing a service attested to reviewing and understanding the federal false-information statement; services not satisfying the billing requirements are subject to recovery under section 256B.064 (subd. 11).(Minnesota Statutes 256B.4912 — Home and Community-Based Waivers; Providers and Payment)
• 3A provider must submit annual labor-market data (direct-care staff counts, wages, hours, overtime, benefits, retention, vacancies, travel time, etc.) on a date specified by the commissioner with at least 30 days' notice; failure to submit may result in the commissioner delaying medical assistance reimbursement (subd. 1a). This applies to PCA, CFSS, home health, home care nursing, and FMS providers.(Minnesota Statutes 256B.4912 — Home and Community-Based Waivers; Providers and Payment)
• 4Documentation of each hourly/minute-based delivered service must include the documentation date, day/month/year of service, start and stop times with a.m./p.m. designations, the service name/description, and the name, signature, and title of the provider of service; documentation must be in English and legible (subd. 12).(Minnesota Statutes 256B.4912 — Home and Community-Based Waivers; Providers and Payment)
• 5Listed HCBS waiver providers (245D providers, certain foster care, fiscal support entities, adult day care, customized living, residential care) must provide proof of liability insurance at enrollment and within 30 days of a request (subd. 10).(Minnesota Statutes 256B.4912 — Home and Community-Based Waivers; Providers and Payment)
• 6Facilities and services licensed under chapter 245D must submit data on emergency use of manual restraint (per section 245D.061) in the format and frequency identified by the commissioner (subd. 8).(Minnesota Statutes 256B.4912 — Home and Community-Based Waivers; Providers and Payment)
• 7Applicants/license holders not already enrolled as an HCBS waiver provider must ensure at least one controlling individual completes a onetime training on HCBS requirements before enrollment/licensure, and complete training on waiver and related program billing within six months of enrollment (subd. 7).(Minnesota Statutes 256B.4912 — Home and Community-Based Waivers; Providers and Payment)
• 8For staff providing direct contact under federally approved waiver plans (including consumer-directed community supports), providers must meet the requirements of chapter 245C and maintain documentation of background study requests and results; owners and managerial officials must also meet chapter 245C requirements before reenrollment/revalidation or, for new providers, before initial enrollment (subd. 1(c)-(d)).(Minnesota Statutes 256B.4912 — Home and Community-Based Waivers; Providers and Payment)