Here’s the latest advocacy update from Anni. While I’m just getting up to speed, it doesn’t sound like we have more insight into the home care bills.

I will email more updates next week but I suspect you are all up-to-date from the Informer. Many thanks to Brianna, who persevered through many regulatory issues and testified in my absence!

Kind Regards,

Kathy Messerli

Executive Director

Minnesota Home Care Association

1265 Grey Fox Road, Suite 2 | Arden Hills, MN 55112-6929

Direct: 651.635.0038 | Main: 651.635.0607

www.mnhomecare.org | kmesserli@mnhomecare.org

From: advcomm@list.mnhomecare.org <advcomm@list.mnhomecare.org> On Behalf Of Simons, Anni
Sent: Friday, May 12, 2023 4:42 PM
To: Simons, Anni <ASimons@fredlaw.com>
Cc: advcomm@list.mnhomecare.org
Subject: MHCA: Fredrikson and Byron Legislative Update for the Week of May 8, 2023

MHCA Advocacy Committee Members,

As the legislature heads into the upcoming final week of session, lawmakers spent this past week busily working on conference committee activity. The number of completed conference committee reports (the final agreed to compromise bill) grew with each passing day this last week. As expected, the slate of already resolved budget bills includes some of the less complex and costly omnibus bills.  However the majority of MHCA’s provisions of interest are included in the Human Services and Health & Human Services omnibus bills, and those conference committees have not yet agreed to a final conference committee reports. We will continue to closely monitor developments over the weekend and into next week, and will share information as it is available.

Also of note from this past week, on Monday the Senate passed the Paid Medical and Family Leave bill. The House passed the bill earlier this session, but lawmakers will need to work out the differences between the two versions. An amendment was added to the bill before it was passed off the Senate floor, creating a Direct Care Workers stakeholder group. Should this amended language remain in the final bill, the stakeholder group would be charged with examining and identifying solutions to issues surrounding the impact of premium collection on direct care workers and employers of direct care workers required by the paid family and medical leave program.

Also of note to MHCA from this past week is this Friday’s announcement from DHS noting parents, stepparents and legal guardians of minors, as well as spouses may continue to serve as a PCA worker for their family member until Saturday, Nov. 11, 2023.

Reminder of status of provisions of interest:  

House Omnibus Human Services Finance bill

• Grant Program for Supporting New Americans in the Long Term care workforce
• CFSS/PCA rate increases at a level somewhat higher that Governor proposed
• Ratification of SEIU Contract
• Allowance for PCA Driving
• Establishment of Direct Care Service Corp Pilot program for PCAs and DSPs
• Elderly Waiver Rate Increases with related encumbrance and cost reporting
• Ongoing Funding for the Provider Capacity Grants for Rural and Underserved Communities
• 245D HCBS Workforce Incentive Grants
• Establishment of Home Care Orientation Trust  
• Raises homemaker rates
• Raises home care rates (home health agency services and home care nursing) by 15.8%
• Continued work on recommendations for implementation of PACE program
• Increased investments in DWRS, happy to go into more detail for any MHCA members who provide services funded through DWRS
• Language allowing remote Qualified Professional supervision in certain situations
• Required financial review of entities receiving state grants (language here)

House Omnibus Health Finance bill

• Creation of Provider Licensing and Reporting Hub
• Extension of Audio only Telehealth until June 30 2025
• MA Coverage of Hospice for Recipients 21 or Under
• Pieces of the Proposals Related to Managed Care opt out and Managed Care Elimination
• MA Continuous Eligibility until age 6, 12 month Eligibility Age 6- 21
• Elimination of Cost Sharing under MA
• MinnesotaCare Buy In
• Analysis of Benefits and Costs of Universal Health Care Systems Reform Models  
• Keep Nurses at the Bedside Act
• Changes to Home Care Surveys Exit Conference, to take place within one day
• Home Care Written Request for Reconsideration for Correction Order, Must be Received by Commissioner within 15 Business Days (under current law is calendar)
• Home Care Provider Termination of Service, Requirement Provider Shares Resources on Contacting Ombudsman
• Information Technology MMIS Modernization
• Allows DHS to Increase Background Study Fees as Necessary to be Commensurate with Increase in State Bureau of Criminal Apprehension Criminal History Record Check Fee.
• Increase Background Study Fees by $2
• Requirements for Provider Documentation of First Date of Staff Direct Contact with Clients 
• Required financial review of entities receiving state grants (language here)
• Requires all PMAPS to use a six-month timely filing standard and to provide an exemption to the timely filing timeliness for the resubmission of claims where there has been a denial, request for more information, or system issue.

House and Senate Omnibus State Government Finance bill

• Creation of Legislative Taskforce on Aging

Senate Omnibus Health and Human Services Finance bill

• Required financial review of entities receiving state grants (language here)

• MinnesotaCare Buy In

• Extend Telehealth Audio Only Until June 2025
• Background Study Fees Increased by $2
• Managed Care opt Out
• Coverage of Hospice for Individuals Under 21
• Creation of Provider Licensing and Reporting Hub
• Increased IT investments for DHS reforms aimed at METS, MMIS
• Continuous MA Eligibility Coverage for Children on MA Under 6, 12 month Continuous Eligibility for Children on MA under 21 
• Elimination of Cost Sharing under MA 

Senate Omnibus Human Services Finance bill

• Required financial review of entities receiving state grants (language here)
• Ratification of SEIU Contract
• Rate Increase for EW and Disability Waiver Homemaker Rates, with a requirement that 80% of the marginal increase in revenue be spent on compensation related costs for employees.
• Raising 40 Hour Cap for Parents and Spouses Providing Personal Assistance Services under CDCS and CFSS
• CFSS/PCA Rate Increase Related to SEIU Contract, at Governor Level
• Allows for PCAs to Drive their Clients 
• Grants for New Americans in the Long Term Care Workforce
• Further Funding for HCBS Provider Capacity Grants for Rural and Underserved Communities
• Eliminates TEFRA Parental Fees
• Hospice Respite End of Life MA Benefit for Individuals Under 21 Years of Age
• Rate Increase for Home Care Services of 14% for Home Health Aide Visits and 55% for Home Care Nursing and Home Health Services (except Home Health Aide visits)
• 245D HCBS Workforce Incentive Fund Grant Program
• Direct Care Service Corps Pilot Project for PCAs and DSPs
• Survey on Individual Experience of Direct Support Professionals as part of DSP annual labor market survey, to assess the overall economic viability and well-being of the workforce
• Cost Reporting Requirements for Elderly Waiver Service Providers
• Further Work on Recommendations for Implementation of PACE (Program of All Inclusive Care for the Elderly).
• Investments in IT for DHS
• Increased investments in DWRS, happy to go into more detail for any MHCA members who provide services funded through DWRS

Anni Simons

Fredrikson & Byron, P.A.

Government Relations Specialist

525 Park St., Suite 225

St. Paul, MN 55103

Telephone: (612) 492-7516

Cell: (651) 341-2276

E-mail:  asimons@fredlaw.com

Web: www.fredlaw.com

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