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Minnesota Department of Human Services Community-Based Services Manual (CBSM)
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Tribal administration of HCBS programs

Effective date: 10/01/08

Page reviewed: 5/10/16

Page updated: 5/10/16

Legal authority

42 U.S.C. §1396j, 42 CFR 431.110, BI, CAC, CADI, DD and Elderly Waiver plans, Minn. Stat. § 256.01, subd.2(a)(7) and Minn. Stat. §256B.02 subd. 7, item (c); Minn. Stat.§ 256B.0913, Executive Order 13-10 and Minn. Stat.§ 256B.0922

Definition

Tribal administration of HCBS programs: Option that allows DHS to contract with federally recognized tribes that have a reservation in Minnesota to operate a federally approved program or any other DHS program.

Background

Federally recognized tribes have the right to govern themselves. In Minnesota there are 11 federally recognized tribes:

  • • Bois Forte Band of Chippewa
  • • Fond du Lac Band of Lake Superior Chippewa
  • • Grand Portage Band of Chippewa
  • • Leech Lake Band of Ojibwe
  • • Lower Sioux Community
  • • Mille Lacs Band of Ojibwe
  • • Prairie Island Indian Community
  • • Red Lake Band of Ojibwe
  • • Shakopee - Mdewakanton Sioux (Dakota) Community
  • • Upper Sioux Community Pejuhutazizi Oyate
  • • White Earth Nation.
  • At the tribe’s request, DHS will work with federally recognized Minnesota tribes to administer DHS programs such as Home and Community Based waiver programs, programs for seniors including Alternative Care (AC) and Essential Community Supports (ECS), and case management services. DHS will work with counties, managed care organizations (MCO) and tribes to:

  • • Avoid duplication of county, MCO, and tribal services
  • • Assure participants receive coordinated services from their tribe and their county of financial responsibility.
  • • Support coordination between managed care organizations and tribes.
  • Managed care organization responsibilities

    Managed care organizations (MCOs) are responsible to:

  • • Give eligible people the choice to receive tribal or MCO management of their HCBS during an initial assessment and at the annual reassessment visit
  • • Accept tribal assessments and coordinated service and support plans (CSSPs) as described in the MCO contract.
  • Leech Lake Band

    DHS has a contract with the Leech Lake Band of Ojibwe to administer the following programs and services:

    Eligible populations

    The Leech Lake Band has elected to serve Leech Lake households living on the Leech Lake Reservations and/or within the entire four counties on which the reservation resides:

  • • Beltrami
  • • Cass
  • • Hubbard
  • • Itasca.
  • Mille Lacs Band of Ojibwe

    DHS has a contract with the Mille Lacs Band of Ojibwe to administer the following home and community-based programs and services:

    Eligible populations

    The Mille Lacs Band of Ojibwe has elected to serve Mille Lacs Band of Ojibwe households if they live within these seven counties:

  • • Aitkin
  • • Benton
  • • Crow Wing
  • • Kanabec
  • • Mille Lacs
  • • Morrison
  • • Pine.
  • White Earth Band of Ojibwe

    DHS has a contract with the White Earth Band of Ojibwe to administer the following programs and services:

    Eligible populations

    The White Earth Band of Ojibwe has elected to serve all households living on the White Earth Reservation and/or within the entire boundaries of the three counties of which the reservation resides:

    • Becker

    • Clearwater

    • Mahnomen.

    Secondary information

    A person who is eligible to choose tribal management of their HCBS services can choose to transfer their lead agency case management at any time (from county to tribe, or tribe to MCO, etc.). The method of allocation and funding of waiver resources for a person transferring between lead agencies follows the same process for a county-to-tribal agency change as a county-to-county change.

    Alternative standards

    Tribes that contract with the department as a lead agency may develop alternative provider qualifications for waiver services. A tribe that plans to implement alternative standards must submit the standards to the department along with evidence of meeting, exceeding, or being exempt from corresponding state standards.

    Additional resources

    Related policies

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