Integrated Licensure FAQs: Home and Community-Based Services Designation (Minnesota Statutes, 144A.484) - Minnesota Dept. of Health

Integrated Licensure FAQs
Home and Community-Based Services Designation (Minnesota Statutes, 144A.484)

Acronyms:
MDH - Minnesota Department of Health
HCALP - Home Care and Assisted Living Program (part of MDH)

DHS - Minnesota Department of Human Services
HCBS - Home and Community-Based Services (part of DHS)
MHCP - Minnesota Health Care Program (part of DHS)

What is the goal of integrated licensure between MDH and DHS?

To simplify the licensing requirements for licensed home care providers who are also providing basic support services as outlined in 245D.03 by allowing them to apply for an HCBS designation on their home care licenses.

Who is required to have an integrated license: HCBS designation?

  • Any licensed home care providers who wish to provide basic support services identified under section 245D.03, subdivision 1 paragraph (b) and do not wish to hold a 245D license.
  • Comprehensive home care providers who wish to provide Individual Community Living Support (ICLS) services. (Home care providers with a basic home care license cannot provide ICLS services.)

What does this designation allow for?

The designation allows the license holder to provide basic support services (that would otherwise require licensure under chapter 245D) under the license holder’s home care license governed by sections 144A.43 to 144A.484.

What is included in “basic support services” under 245D.03?

Basic support services provide the level of assistance, supervision, and care that is necessary to ensure the health and welfare of the person and do not include services that are specifically directed toward the training, treatment, habilitation, or rehabilitation of the person. Basic support services include:

  • in-home and out-of-home respite care services as defined in section section 245A.02, subdivision 15, and under the brain injury, community alternative care, community alternatives for disabled individuals, developmental disability, and elderly waiver plans, excluding out-of-home respite care provided to children in a family child foster care home licensed under Minnesota Rules, parts 2960.3000 to 2960.3100, when the child foster care license holder complies with the requirements under section 245D.06, subdivisions 5, 6, 7, and 8, or successor provisions; and section 245D.061 or successor provisions, which must be stipulated in the statement of intended use required under Minnesota Rules, part 2960.3000, subpart 4;
  • adult companion services as defined under the brain injury, community alternatives for disabled individuals, and elderly waiver plans, excluding adult companion services provided under the Corporation for National and Community Services Senior Companion Program established under the Domestic Volunteer Service Act of 1973, Public Law 98-288;
  • personal support as defined under the developmental disability waiver plan;
  • 24-hour emergency assistance, personal emergency response as defined under the community alternatives for disabled individuals and developmental disability waiver plans;
  • night supervision services as defined under the brain injury waiver plan; and
  • homemaker services as defined under the community alternatives for disabled individuals, brain injury, community alternative care, developmental disability, and elderly waiver plans, excluding providers licensed by the Department of Health under chapter 144A and those providers providing cleaning services only; and
  • individual community living support under section 256B.0915, subdivision 3j.

Are 245D “intensive support services” included as a part of this designation?

No, if you are providing intensive support services under 245D you must apply for and hold a 245D license.

Who is served by the 245D license and/or designation on a home care license?

Persons receiving home and community-based services who are:

  • Disabled
  • Age 65 and older

When did integrated licensing become an option?

The integrated license:  HCBS designation became available July 1, 2015.

What is the process to apply for this designation?

After I apply for the designation (with MDH), is there anything else I must do?

What does the designation cost?

  • The initial application fee for the designation is $155.
  • The fee to renew the designation with MDH is:
    • based on revenues from services provided under the designation in the calendar year immediately preceding the year in which the license fee is paid.
    • paid annually;
    • non-refundable;
    • in addition to the annual home care license fee.
  • See: Minnesota Statutes, 144A.484

What requirements must I comply with as a holder of this designation?

  • Minnesota Statutes 144A.43-144A.484 (for broken out list, see: Home Care Statutes);
  • The following Minnesota statutes in Chapter 245D:
  • A licensed home care provider with the designation may utilize a bill of rights which incorporates the service recipient rights in section 245D.04, subdivision 3, paragraph (a), clauses (5), (7), (8), (12), and (13), and paragraph (b) with the home care bill of rights in section 144A.44.

Who will monitor my compliance with the integrated license: HCBS designation requirements?

MDH staff will monitor providers’ compliance with the requirements of the integrated license.

What home care providers are required to have a 245D license?

Providers who offer intensive support services as governed by 245D.03, subdivision 1 (c)

What is the difference between 245D and integrated licensing?

  • 245D is the law that governs licensure of providers offering basic support services and intensive support services to recipients of DHS funding.
  • Integrated licensing is a specific designation attached to a home care license issued by MDH that allows licensed home care providers to provide basic support services that would normally require a 245D license.

How long is this designation good for? When will it expire?

The designation is renewable annually. The renewal date of the designation will coincide with the renewal date of the home care license. The fee is nonrefundable and will not be prorated during the initial license year.

Do I need to submit new NETStudy background studies if I have already done so with my home care license?

No. Your NETStudy background studies will qualify. However, you must conduct background studies on new managerial officials, board members, owners, employees, contractors and volunteers as required in home care law. See Minnesota statutes, section 144A.476 for complete information.

What type of home care license must I hold to qualify for this designation?

  • For 24-hour emergency assistance, companion services, homemaker services night supervision and respite care, you must hold either a basic or a comprehensive home care license and be providing basic support services as defined in 245D.03.
  • For Individual Community Living Support (ICLS), a provider must hold a comprehensive home care license and be providing basic support services as defined in 245D.03

Am I required to register as a Minnesota Health Care Program (MHCP) provider if I hold this designation?

Yes. You must register with DHS as an MHCP provider.

Updated Tuesday, October 10, 2017 at 10:57AM