CAUTION: External Sender - This email originated from outside of St. Luke's.
Please do not click links or open attachments unless you recognize the sender and know the content is safe.

All, I have a quick question. When CMS regulations conflict with state law, which takes precedence?  The stricter?

The specific issue:

New CMS rule allows Nurse Practitioner, Certified Nurse Midwife, and Clinical Nurse Specialist to certify home care services.  (I’m only looking at the nursing categories – not PA for this question).

MN state law related to Medcaid currently uses “APRN” for any statutes related to nursing authority, which is a BROADER categorization than CMS’ definition of who can certify home care (it includes nurse anesthetist, which CMS does not).

We have been trying to get the language changed in the relevant statutes, and it’s proving difficult (most legislative people don’t understand the differences) and we are reaching the point where it could make the difference between getting something passed this year or not …

SO – my question for you is – if we allow MN language to stay as is, knowing that CMS language is a more narrow definition, would that cause legal difficulties? Or would it simply be normal for providers to understand they need to conform to the more strict language – CMS – even though MN law offers a broader definition?

Need an answer PRONTO so am hoping one or more of you can reply right away!!!

Thanks,

Karen Peterson

Regulatory Affairs and Advocacy Manager

Minnesota HomeCare Association

2550 University Ave. W.,  Ste. 350 S | St. Paul, MN 55114-1900

Direct: 651.659.1457 | Main: 651.635.0607

Toll-free: 866.607.0607 | Fax: 651.635.0043

www.mnhomecare.org | kpeterson@mnhomecare.org

Mission: MHCA represents and supports Minnesota home care providers committed to high quality home care services.

Vision: MHCA will shape the home care landscape to improve and sustain quality home care services.