2021 Legislative Update

Page 29

Significant change in status assessment required when therapy (and isolation) ends 2021, 1st Special Session HF33/SF37 Chapter 7, Article 13, Section 1 HHS omnibus bill Effective: August 1, 2021, and applies to all assessments with an assessment reference date of August 1, 2021, or later (Note bill language uses July 1, 2021, but the state agencies determined that a July 1, 2021 implementation was not possible) Short description Effective for all MDS’ with therapy and isolation end dates on or after August 1, 2021, a significant change in status assessment (SCSA) is required when all speech, occupational, and physical therapies have ended. The assessment reference date (ARD) of this assessment must be set on day eight after all therapy services have ended. The last day therapy was provided is considered day 0 when determining the ARD of the SCSA. A significant change in status assessment (SCSA) is also required when isolation for an infectious disease has ended. The ARD of this assessment must be set on day 15 after isolation has ended. The last day of isolation precautions is considered day 0 when determining the ARD of the SCSA. Summary The proposal to require a significant change in status assessment (SCSA) when therapy (and isolation) ends was not new. For the previous 4-5 years, legislators had received complaints from constituents who believed the nursing facility was charging a higher case mix classification rate, even though the associated services ended earlier during the stay. Bill language was introduced in previous years. However, the recent HHH Blue Ribbon Commission reviewed and recommended the strategy as one way to reduce Medicaid expenditures. Governor Walz included the policy change in his recent budget, and the Minnesota Senate and House of Representatives adopted without modifying. MDH hosted a 2021 CMR Program Statute Changes webinar on July 22, 2021 (https://bit.ly/3f2yuPY), where the following clarifications were provided to the following statement (from page 2): •

All Medicaid participating facilities are required to complete a significant change in status assessment (SCSA) when all skilled therapy or strict isolation services end regardless of the resident’s payer source or RUG classification.

Is the SCSA necessary if no rehab or ES1 classification (page 6)? According to MDH, If the resident does not have a rehab or isolation classification, a SCSA would not be required at the end of skilled therapy or isolation.

CARE PROVIDERS OF MINNESOTA

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2021 LEGISLATIVE UPDATE BOOK


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m. More changes for community first services & supports (also known as PCA/CFSS

1min
page 155

l. Tribes included in supplemental service rate definition

0
pages 153-154

j. Tax conformity

0
pages 149-150

k. Medical cannabis—Smoking raw plant

1min
pages 151-152

i. Service & support animals

3min
pages 145-148

h. Mental health summary

1min
pages 143-144

g. Age-friendly Minnesota

3min
pages 139-142

f. American Indian Community-Specific Board

1min
pages 137-138

e. Ombudsperson for American Indian families

3min
pages 135-136

a. MA dental benefit added

2min
pages 125-126

d. DHS to proceed with Phase 2 of Waiver Reimagine for under 65

2min
pages 133-134

b. 90-day medication

1min
pages 127-128

c. Telemedicine for county processes

6min
pages 119-122

c. Regional quality councils for disabilities

4min
pages 129-132

b. Telehealth coverage policy

3min
pages 117-118

a. Telemedicine

1min
pages 115-116

a. Workers’ compensation

5min
pages 101-104

d. Background study fees increase for some DHS-enrolled providers

2min
pages 109-110

licensure

1min
pages 97-98

b. Workers’ Compensation Advisory Council recommendations

2min
pages 105-106

l. Technical language on HWS conversion to assisted living m. LTC ombudsman & customized living settings exempted from assisted living

3min
pages 95-96

c. Unemployment insurance

3min
pages 107-108

e. Background studies—Waivers & modifications; legislative task force

2min
pages 111-112

k. Outdoor space requirements for assisted living with dementia licenses

3min
pages 91-94

j. Eviction moratorium phaseout

3min
pages 89-90

i. Prorated rent

1min
pages 87-88

h. Residential supports customized living report

1min
pages 85-86

f. Customized living report

2min
pages 81-82

g. Study of exempt facilities

1min
pages 83-84

policies

12min
pages 63-70

e. Consumer protections for facilities exempt from assisted living licensure

12min
pages 73-80

d. Resident experience surveys in assisted living

1min
pages 71-72

a. Assisted living licensure technical changes

10min
pages 55-60

b. Background studies for licensed assisted living facilities c. CADI customized living providers bear the brunt of unfriendly & restrictive DHS

2min
pages 61-62

f. LTC assessment may be temporarily waived for HCBS waiver clients returning from a healthcare facility

2min
pages 51-52

c. Permanent nursing facility moratorium funding appropriated

4min
pages 33-36

c. Housing supports absent days d. AL facilities with 80% EW may apply for disproportionate share rate increases ...................................................................................................................................................... 45

6min
pages 43-48

e. Legislature increases rates for Elderly Waiver customized living, excludes CADI-CL

3min
pages 49-50

improvement grants b. Home health agency services & home care nursing services to receive annual

1min
pages 39-40

increases

1min
pages 41-42

a. Nursing facility MDS assessment requirements modified b. Significant change in status assessment required when therapy (and isolation)

17min
pages 19-28

ends

6min
pages 29-32

I. Session summary

8min
pages 9-16
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