In an article published in the Monday, November 28, 2011, edition of the State Register, the Minnesota Department of Human Services (DHS) is formally requesting comments on the implementation of a more restrictive nursing facility level of care (NF LOC) standard.

DHS is requesting comments on the following actions:

• The state is seeking authorization from the federal government to implement a more restrictive NF LOC on July 1, 2012, rather than on or after the January 1, 2014, federal maintenance of effort (MOE) requirement. The NF LOC would apply to:
• Medical Assistance (MA) payment for nursing home services.
• Medical Assistance payment for home and community-based service programs that provide alternatives to nursing home services. These programs include the elderly waiver (EW), the community alternatives for disabled individuals (CADI) waiver and the traumatic brain injury-NF (TBI-NF) waiver programs.
• The NF LOC criteria also applies to the state-funded alternative care (AC) program for people age 65 and older who do not meet Medical Assistance income and asset limits.
• Failure to secure federal waiver authority to adopt a modified NF LOC standard in Minnesota will result in an additional 1.67 percent rate reduction for all long-term care providers, excluding nursing facilities, from July 1, 2012, to December 31, 2013.
• Through the waiver, DHS will also request federal matching funds for the alternative care and the essential community supports programs, two programs that provide home and community-based services for seniors whose incomes are too high to qualify for Medical Assistance but who have inadequate income and assets to pay for 135 days of nursing facility care.

There is a 30-day comment period on the long-term care realignment section 1115 Medicaid waiver request. A copy of the waiver request can be found on the DHS website at www.dhs.state.mn.us/healthcare/waivers.

Care Providers of Minnesota will be closely reviewing the waiver request and providing comments to DHS.

To request a paper copy of the waiver request, please contact Quitina Cook at (651) 431-2191.

Written comments may be submitted to Jan Kooistra at the address below.

Comments must be received by December 28, 2011.
Jan Kooistra
Minnesota Department of Human Services
P.O. Box 64983
St. Paul, MN 55164-0983

View the State Register notice at http://www.comm.media.state.mn.us/bookstore/stateregister/36_19.pdf.

Please contact Todd Bergstrom at the Association office if you have any questions.

Todd Bergstrom
952.851.2486
tbergstrom@careproviders.org

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