Comments Requested Regarding Integrated Licensing Implementation for Minnesota Department of Health Licensed Home Care Providers (144a) and Minnesota Department of Human Services Licensed Home and Community Based Services (245d)
November 27, 2013
To all licensed home care providers who are now or may provide some home and community based services reimbursed by Medicaid waivers and licensed by DHS. Housing with Services establishments and Home Management providers who are not also licensed as home care providers by MDH are not included in the integrated licensing.
Effective July 1, 2013, legislation passed that requires the Department of Health Health Regulation Division (MDH) and the Department of Human Services Licensing Division (DHS) to jointly develop recommendations to the Legislature in 2014 an integrated licensing system for those agencies that provide both licensed home care services under 144A and Home and Community Based Services (HCBS) required to be licensed under Minn. Stat. Sec. 245D. The agencies are working on developing the recommendations and we need your input as we move forward in drafting our recommendations.
What is Integrated Licensing?
Integrated Licensing is a new model of regulation to integrate two licensing systems together for the providers who are providing both types of services.
One of the purposes of this Integrated Licensing is to allow an MDH licensed home care provider or a DHS licensed home and community based services provider to also provide either home care or home and community based services without having to obtain a second license. MDH licensed home care services and DHS licensed home and community based services are different services; there is no overlap of services. This means that we will have to retain some distinct requirements in both types of services since in some ways they are very different, but the goal is to have one license regardless. The two agencies (MDH and DHS) will then work together across agencies to administer and implement the requirements. We have much to decide and we hope to hear from providers about specific practice questions they might have about how to comply with both sets of requirements.
How to comment
Please review the below information and provide comments or concerns or questions you have about how MDH and DHS might implement the licensing requirements via the integrated licensing system. You may provide comments via email to: Janice.Jones@state.mn.us. Please provide your comments by December 18, 2013.
Statutory Language Directing Recommendations about Integrated Licensing
Minnesota Laws, Ch 108, art 11, sec 31 (page 511), requires that the integrated licensing system:
(1) require only one license of any provider of services under Minnesota Statutes, sections 144A.43 to 144A.482, and 245D.03, subdivision 1;
(2) promote quality services that recognize a person's individual needs and protect the person's health, safety, rights, and well-being;
(3) promote provider accountability through application requirements, compliance inspections, investigations, and enforcement actions;
(4) reference other applicable requirements in existing state and federal laws, including the federal Affordable Care Act;
(5) establish internal procedures to facilitate ongoing communications between the agencies, and with providers and services recipients about the regulatory activities;
(6) create a link between the agency Web sites so that providers and the public can access the same information regardless of which Web site is accessed initially; and
(7) collect data on identified outcome measures as necessary for the agencies to report to the Centers for Medicare and Medicaid Services.
How to decide if this affects your practices?
Additional information on about MDH Home Care Licensing Changes is available on the MDH website.
For more information about providers affected by the DHS Licensed Ch. 245D Home and Community Based Services go to: Home and community-based services requiring a 245D license. At the bottom of this page, please also look at what services are NOT included in the Home and Community Based Services list.