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Minnesota Statutes 256B.0659 — Personal Care Assistance Program
MinnesotastatuteMinnesota Legislature / Department of Human Services (commissioner)
What this rule requires your agency to do
- 1All required surety bonds, fidelity bonds, workers' compensation, and liability insurance must be maintained continuously; services provided during a coverage lapse are not eligible for payment and lapses may result in sanctions including termination (subd. 21(d)).(Minnesota Statutes 256B.0659 — Personal Care Assistance Program)
- 2A PCA may perform tracheostomy suctioning/ventilator services only with delegation and training by a registered nurse, APRN, licensed respiratory therapist, physician assistant, or physician, using clean procedure, with specialized/individualized training and supervision by a qualified professional who is a registered nurse (subd. 2(e)).(Minnesota Statutes 256B.0659 — Personal Care Assistance Program)
- 3All PCAs must be supervised by a qualified professional, who must evaluate the PCA within the first 14 days of regularly scheduled service through direct observation, then at least every 90 days for the first year and every 120 days thereafter (subd. 14).(Minnesota Statutes 256B.0659 — Personal Care Assistance Program)
- 4Before a qualified professional provides services, the provider agency must initiate a chapter 245C background study and receive a not-disqualified (or set-aside) notice; the qualified professional must develop and monitor the PCA care plan, review service documentation, ensure PCA competency, and document all training/communication/evaluations (subd. 13).(Minnesota Statutes 256B.0659 — Personal Care Assistance Program)
- 5A personal care assistant is limited to being paid for up to 310 hours per month regardless of the number of recipients or agencies (subd. 11(a)(10)).(Minnesota Statutes 256B.0659 — Personal Care Assistance Program)
- 6PCA services must be documented daily by each PCA on a commissioner-approved time sheet containing all required elements (names/IDs, consecutive dates with arrival/departure times, recipient and PCA signatures, the federal false-claims statement, facility-stay dates, and travel start/stop times/origin/destination); the completed form must be submitted monthly and kept in the recipient's health record (subd. 12).(Minnesota Statutes 256B.0659 — Personal Care Assistance Program)
- 7At enrollment/reenrollment/revalidation, a PCA provider agency must submit surety bond ($50,000 or $100,000 by Medicaid revenue), $20,000 fidelity bond per location, workers' compensation and liability insurance (naming the department), written policies/procedures, and documentation that at least 72.5 percent of PCA medical assistance revenue is used for PCA wages and benefits (subd. 21).(Minnesota Statutes 256B.0659 — Personal Care Assistance Program)
- 8A personal care assistant must be at least 18 (16-17 with added conditions), be employed by a PCA provider agency, enroll with the department only after clearing a chapter 245C background study, and complete standardized commissioner-determined training (basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, emergency preparedness, fraud, time sheets) with demonstrated competency (subd. 11(a)).(Minnesota Statutes 256B.0659 — Personal Care Assistance Program)
Applies to: personal care
Governs Minnesota's Personal Care Assistance (PCA) program — covered and noncovered services, assessment, personal care assistant (PCA) qualification and training requirements, documentation/time-sheet standards, qualified professional qualifications and supervisory duties, and PCA provider agency enrollment requirements.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.