Department of Human Services home and community-based services early and often licensor and compliance team establishment

A bill for an act

relating to human services; establishing the Department of Human Services home

and community-based services early and often licensor and compliance team;

amending Minnesota Statutes 2024, section 245A.042, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 245A.042, is amended by adding a subdivision

to read:

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Subd. 7.

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Department of Human Services home and community-based services early

and often licensor and compliance team.

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(a) The commissioner must establish and maintain

a home and community-based services early and often licensor and compliance team to

deliver proactive and coordinated support to applicants through the application process and

to license holders during the first year of operation of the licensed home and

community-based program. The commissioner must ensure that the home and

community-based services early and often licensor and compliance team has sufficient staff

and resources to perform the functions required under this subdivision. The commissioner

must ensure that the licensor and compliance team has members with expertise in licensing

requirements and members with expertise in medical assistance enrollment requirements,

medical assistance service delivery requirements, and medical assistance billing requirements.

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(b) The home and community-based services early and often licensor and compliance

team must provide technical assistance to applicants regarding completing and submitting

license applications under this chapter and chapter 256D and medical assistance provider

enrollment applications under section 256B.04, subdivision 21.

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(c) The home and community-based services early and often licensor and compliance

team must conduct an initial scheduled technical assistance visit three months after the

effective date of an initial license for the purpose of providing technical assistance to the

license holder. The team must provide technical assistance related to achieving and

maintaining compliance with the applicable laws, rules, and regulations governing the

provision of and reimbursement for home and community-based services under this chapter

and chapters 245D, 256B, and 256S and waiver plans.

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(d) The home and community-based services early and often licensor and compliance

team must conduct three unscheduled visits after the beginning of the sixth calendar month

following the effective date of an initial license and before the end of the eighteenth month

following the effective date of an initial license.

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(e) If during the technical assistance visit or during the following three unannounced

visits, the team finds that the license holder has failed to achieve compliance with an

applicable law, rule, or regulation, and the failure does not imminently endanger the health,

safety, or rights of persons served by the program, the team may issue a licensing and

compliance review report with recommendations for achieving and maintaining compliance.

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(f) Nothing in this subdivision shall be construed to limit the commissioner's authority

to:

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(1) suspend or revoke a license or issue a fine at any time under section 245A.07 or issue

correction orders and make a license conditional for failure to comply with applicable laws,

rules, or regulations under section 245A.06 based on the nature, chronicity, or severity of

the violation of a law, rule, or regulation and the effect of the violation on the health, safety,

or rights of persons served by the program; or

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(2) impose a sanction under section 256B.064 based on the nature, chronicity, or severity

of the violation of law, rule, or regulation.

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