Subd. 11.

Personal care assistant; requirements.

(a) A personal care assistant must
meet the following requirements:

(1) be at least 18 years of age with the exception of persons who are 16 or 17 years of
age with these additional requirements:

(i) supervision by a qualified professional every 60 days; and

(ii) employment by only one personal care assistance provider agency responsible for
compliance with current labor laws;

(2) be employed by a personal care assistance provider agency;

(3) enroll with the department as a personal care assistant after clearing a background
study. Except as provided in subdivision 11a, before a personal care assistant provides
services, the personal care assistance provider agency must initiate a background study on
the personal care assistant under chapter 245C, and the personal care assistance provider
agency must have received a notice from the commissioner that the personal care assistant
is:

(i) not disqualified under section 245C.14; or

(ii) disqualified, but the personal care assistant has received a set aside of the
disqualification under section 245C.22;

(4) be able to effectively communicate with the recipient and personal care assistance
provider agency;

(5) be able to provide covered personal care assistance services according to the recipient's
personal care assistance care plan, respond appropriately to recipient needs, and report
changes in the recipient's condition to the supervising qualified professional, physician,
advanced practice registered nurse, or physician assistant;

(6) not be a consumer of personal care assistance services;

(7) maintain daily written records including, but not limited to, time sheets under
subdivision 12;

(8) effective January 1, 2010, complete standardized training as determined by the
commissioner before completing enrollment. The training must be available in languages
other than English and to those who need accommodations due to disabilities. Personal care
assistant training must include successful completion of the following training components:
basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, basic
roles and responsibilities of personal care assistants including information about assistance
with lifting and transfers for recipients, emergency preparedness, orientation to positive
behavioral practices, fraud issues, and completion of time sheets. Upon completion of the
training components, the personal care assistant must demonstrate the competency to provide
assistance to recipients;

(9) complete training and orientation on the needs of the recipient; and

(10) be limited to providing and being paid for up to 310 hours per month of personal
care assistance services regardless of the number of recipients being served or the number
of personal care assistance provider agencies enrolled with. The number of hours worked
per day shall not be disallowed by the department unless in violation of the law.

(b) A legal guardian may be a personal care assistant if the guardian is not being paid
for the guardian services and meets the criteria for personal care assistants in paragraph (a).

(c) Persons who do not qualify as a personal care assistant include parents, stepparents,
and legal guardians of minors; spouses; paid legal guardians of adults; family foster care
providers, except as otherwise allowed in section 256B.0625, subdivision 19a; and staff of
a residential setting.

(d) Personal care assistance services qualify for the enhanced rate described in subdivision
17anew text begin , paragraph (a),new text end if the personal care assistant providing the services:

(1) provides covered services to a recipient who qualifies for ten or more hours per day
of personal care assistance services; and

(2) satisfies the current requirements of Medicare for training and competency or
competency evaluation of home health aides or nursing assistants, as provided in the Code
of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved
training or competency requirements.

Subd. 17a.

Enhanced rate.

new text begin (a) new text end An enhanced rate deleted text begin of 107.5 percent of the rate paid for
personal care assistance services shalldeleted text end new text begin mustnew text end be paid for services provided to persons who
qualify for ten or more hours of personal care assistance services per day when provided
by a personal care assistant who meets the requirements of subdivision 11, paragraph (d)deleted text begin .deleted text end new text begin ,
as follows:
new text end

new text begin (1) 107.5 percent of the rate paid for personal care assistance services provided to persons
who qualify for ten to 14.9 hours of personal care assistance services per day;
new text end

new text begin (2) 112.5 percent of the rate paid for personal care assistance services provided to persons
who qualify for 15 to 19.9 hours of personal care assistance services per day; and
new text end

new text begin (3) 117.5 percent of the rate paid for personal care assistance services provided to persons
who qualify for 20 or more hours of personal care assistance services per day.
new text end

new text begin (b) An enhanced rate of 25 percent must be paid, in addition to any other enhancements
in this subdivision, for services provided to persons who qualify for any number of hours
of personal care assistance services per day when provided by an individual who is a licensed
registered nurse, a licensed practical nurse, a certified home health aide, or a certified nursing
assistant.
new text end

new text begin (c) An enhanced rate of ten percent must be paid, in addition to any other enhancements
in this subdivision, for services provided to persons who qualify for any number of hours
of personal care assistance services per day when provided between the hours of 9 p.m. on
a Friday and 9 a.m. the following Monday.
new text end

new text begin (d) A personal care assistance provider must use all additional revenue attributable to
the rate enhancements under this subdivision for the wages of the personal care assistants.
The agency must not use the additional revenue attributable to any enhanced rate under this
subdivision to pay for mileage reimbursement, health and dental insurance, life insurance,
disability insurance, long-term care insurance, uniform allowance, contributions to employee
retirement accounts, or any other employee benefits.
new text end

new text begin (e) new text end Any change in the eligibility criteria for the enhanced rate for personal care assistance
services as described in this subdivision and referenced in subdivision 11, paragraph (d),
does not constitute a change in a term or condition for individual providers as defined in
section 256B.0711, and is not subject to the state's obligation to meet and negotiate under
chapter 179A.

Subd. 24.

Personal care assistance provider agency; general duties.

A personal care
assistance provider agency shall:

(1) enroll as a Medicaid provider meeting all provider standards, including completion
of the required provider training;

(2) comply with general medical assistance coverage requirements;

(3) demonstrate compliance with law and policies of the personal care assistance program
to be determined by the commissioner;

(4) comply with background study requirements;

(5) v