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Personal support policy clarification

Effective Jan. 1, 2014, personal support must be provided through a licensed agency.

As part of DHS's initiative to establish health and safety standards across all of the home and community-based services, any person or agency providing personal support under the Developmental Disabilities Waiver must have a 245D license by Jan. 1, 2014, unless the provider is an individual person (not an agency, organization or other type of business entity) and is providing personal support services to a related individual or unrelated individual(s) from one family.

"Individual who is related means spouse, parent, natural or adopted child or stepchild, stepparent, stepbrother, stepsister, niece, nephew, adoptive parent, grandparent, sibling, aunt, uncle, or legal guardian under the Human Services Licensing Act, section 245A.02, subdivision 13.

Rate impact for providers transitioning from FSE to 245D

Beginning Jan. 1, 2014, providers who have acted as a fiscal support entities for personal support:

  • Will no longer act as an FSE for this service and
  • Must obtain a 245D license to provide personal support

They are then regarded as new providers for Disability Waiver Rates System (DWRS) implementation. Effective Jan. 1, 2014, lead agencies must use the DWRS framework as the basis for authorization of personal support to these providers.

Lead agencies should follow Disability Waiver Rate System direction for translation of personal support rates. Authorization of personal support without units and a rate (decremental) is not allowed in MMIS as of Nov. 1, 2013.

Providers of personal support who are not acting as FSEs will be regarded as existing providers for DWRS implementation.

Budget and service planning

DHS will not adjust lead agency budgets related to the license requirement for personal support providers.

Moving to a standard rate for many personal support recipients means some service plans will cost more (others less) in the future. DHS expects counties and tribes to engage with recipients to assure needed service continues, even if some adjustment in units of authorized service occurs.

Personal support recipients will have access to the same rates-exception process available to other disability waiver recipients.

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