Interpretation of MDS assessment changes codified 2022 Regular Session HF4065 Chapter 98, Article 1, Section 2, Subdivision 4 Health & Human Services omnibus policy bill Effective: August 1, 2022 Short description Clarifies statute to ensure the Minnesota Department of Health interprets 2021 legislative changes to Minimum Data Set (MDS) assessment changes to therapy and isolation as intended by the legislature. Summary The 2021 legislature passed legislation requiring significant change in status assessment when: (i) all speech, occupational, and physical therapies have ended—the ARD of this assessment must be set on day eight after all therapy services have ended; and (ii) isolation for an infectious disease has ended—the ARD of this assessment must be set on day 15 after isolation has ended. Initially, the Minnesota Department of Health stated the new statute required the completion of a significant change in status assessment (SCSA) when ALL therapy services end regardless of the resident’s payor source or RUG classification. However, MDH quickly altered their interpretation and stated that significant change in status assessment (SCSA) is not required following the end of isolation or therapy if there is no impact on the RUG classification. For example, if there is no MDS on record coding therapy, then there would not be a requirement to do a SCSA for end of therapy. Implications The language passed by the 2022 legislature is technical only and clarifies current practice, which is: When is a SCSA required? • If the resident is receiving skilled therapy or strict isolation services and this is impacting the resident’s RUG-IV classification, the SCSA is required • A resident receiving isolation services may have an ES1 or a CA1 classification depending on their ADL score • Anytime the resident has a state rehab classification (RAA, RAB, RAC, RAD, and RAE) the SCSA is required According to a 2021 MDH webinar, “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.” Bill language Chapter 98, Article 1, Section 2, Subdivision 4: https://www.revisor.mn.gov/laws/2022/0/Session+Law/Chapter/98/ Sec. 2. Minnesota Statutes 2021 Supplement, section 144.0724, subdivision 4, is amended to read: Subd 4. Resident assessment schedule. (a) A facility must conduct and electronically submit to the federal database MDS assessments that conform with the assessment schedule defined by the Long Term Care Facility Resident Assessment Instrument User's Manual, version 3.0, or its successor issued by the Centers for Medicare and Medicaid Services. The commissioner of health may substitute successor manuals or question and answer documents published by the United States Department of
CARE PROVIDERS OF MINNESOTA
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2022 LEGISLATIVE UPDATE BOOK
