Skip To: Main content|Subnavigation|
Minnesota Department of Human Services CBSM
Advanced Search|  

Monitoring technology usage

Page posted: 11/8/13

Page reviewed: 6/7/17

Page updated: 6/7/17

Legal authority

Federally approved BI, CAC, CADI, DD and EW waiver plans, Alternative Care (AC) program (Minn. Stat. §256B.0913)

Definition

Monitoring technology supervision: The use of equipment to oversee, monitor and supervise someone who receives waiver/AC services. It can help keep people safe and support independence. The equipment used may include alarms, sensors, cameras and other devices.

Affected participant: A person who, as a roommate or significant other who lives with the person and is not a caregiver, may have their personally identifiable information viewed or recorded by the monitoring technology.

Applicability

This policy applies to both new and existing monitoring technology equipment and supervision funded under one of the following home and community-based services (HCBS) programs:

For information about the services under which monitoring technology is covered, see the following sections on this page:

Requirements

Monitoring technology equipment usage and supervision must meet the following four requirements:

1. Allow a caregiver to see, hear or locate a person

2. Be the most appropriate means (and the person’s preferred method) to address assessed need(s) and goal(s)

3. Monitor the person in real time

4. Achieve one of the following:

  • • Increase independence
  • • Address a complex medical condition or other extreme circumstance
  • • Reduce or minimize critical incidents
  • • Improve the quality of supports.
  • Examples

    Monitoring technology equipment might include:

  • • Audio listening devices
  • • Cameras and video equipment (e.g., baby video monitors)
  • • Mobile, on-person equipment (e.g., body sensors, GPS)
  • • Sensors not on the person (e.g., motion sensors, door and window alarms).
  • Monitoring-technology usage can include the equipment as well as remote-based staff paid to provide oversight and support of a person.

    Prohibited/not included

    Monitoring technology cannot be for the convenience of the provider. Additionally, the following are prohibited:

  • • Auto-door and window locks
  • • Cameras located in bathrooms
  • • Concealed cameras
  • • Equipment that is bodily invasive.
  • Monitoring technology usage does not include:

  • Personal Emergency Response Systems (PERS) for people on the BI, CAC, CADI, and DD waivers that only have the function to summon assistance in an emergency-only situation
  • PERS for people on the AC program and EW that only have the function to summon assistance in an emergency-only situation
  • Telemedicine
  • • Technology used by the provider agency or family member to monitor staff activities
  • • Technology services paid for directly or indirectly through another service or payment source.
  • Storage

    The license holder or primary caregiver must store electronic video and audio recordings of participants for five days unless a participant or legal representative requests the recording be held longer based on:

  • • A specific report of alleged maltreatment
  • • The recording captures an incident or event of alleged maltreatment.
  • In that case, the recordings must be maintained in a secured area for 30 days to give the investigating agency an opportunity to make a copy of the recording.

    HIPAA requirements

    All video, audio or other personally identifiable information must be treated consistently with HIPAA regulations.

    Service and support plan requirements

    The use of all monitoring technology must meet the following three requirements:

  • • Achieve an identified goal or outcome
  • • Address health, potential individual risks and safety planning
  • • Be the least restrictive option and the person’s preferred method to meet an assessed need.
  • The lead agency must update the person's support plan to describe how the use of the monitoring technology meets these three requirements.

    Camera/video usage in bedroom

    The use of a camera or video equipment in the person’s bedroom must meet the above three requirements and address a complex medical need or other extreme circumstance.

    The lead agency must update the person’s support plan to describe how the use of the camera or video equipment meets these four requirements. For more information about camera and video equipment use in the bedroom, see the DHS approval section.

    Lead agency approval and ongoing review

    The lead agency approves and oversees the use of all monitoring technology. When camera or video equipment is located in the person’s bedroom, DHS must also approve. The case manager collaborates with the person and his/her team to make sure monitoring technology is appropriate. Monitoring technology cannot be used without informed consent.

    Applicability

    The policy applies to both:

  • • On-going monitoring of people who receive waiver/AC services using monitoring technology
  • • Monitoring technology equipment currently in use and previously purchased with waiver/AC funds.
  • Informed consent process

    As part of the informed-consent process, the lead agency must complete and keep a copy of each of the following in the person’s file:

    1. Participant Consent for Use of Monitoring Technology, DHS-6789B (PDF)

    2. Affected Participant Consent for the Use of Monitoring Technology form, DHS-6789C (PDF), if applicable (for a definition of affected participant, see definition section)

    3. The updated support plan.

    Participant participation

    We recognize there will be times when the person's guardian may need to be heavily involved in this process. However, the participant, regardless of age, should be involved in the informed-consent and planning process as much as possible.

    When consent is not required

    Participants and affected participants do not have to give consent for door and window alarms that do not record personally identifiable data when used:

  • • To supplement the supervision provided by an on-site caregiver and address critical health and safety needs as documented in the support plan
  • • By non-residential providers as part of normal business operations.
  • Ongoing review

    The lead agency must review annually. That review includes documentation in the support plan of:

  • • The monitoring technology that has been used
  • • Progress toward achieving identified goal.
  • The lead agency must review as soon as possible if there is a(n):

  • • Change in guardianship or legal representative responsible for informed consent
  • • Decrease in the participant’s level of control over the monitoring technology
  • • Increase in the number of critical incidents while using monitoring technology
  • • Substantial change to in where, when or the amount of time that monitoring technology is used.
  • DHS approval of camera/video usage in bedroom

    The lead agency must seek approval from DHS for all uses of cameras or video equipment in a person’s bedroom.

    Initial approval process

    To initiate a request for DHS approval, the case manager should complete and submit the Monitoring Technology Approval Request, DHS-6789A. It will require you to attach:

    1. Participant Consent for the Use of Monitoring Technology, DHS-6789B (PDF)

    2. If applicable, Affected Participant Consent for the Use of Monitoring Technology, DHS-6789C (PDF)

    3. The updated support plan (with clear language about how it is necessary to address complex medical needs or other extreme circumstances, as well as the other support plan requirements described in the service and support plan requirements section).

    Exception

    DHS approval is not required when parents use cameras/video equipment in the bedroom to monitor minor children for health and safety purposes. The lead agency reviews these scenarios.

    DHS reauthorization

    Unless the lead agency requests a new review, DHS does not have to reauthorize the use of cameras/video equipment in bedrooms unless there is a(n):

  • • Change in guardianship or legal representative responsible for informed consent
  • • Decrease in the participant’s level of control over the use of monitoring technology in bedroom
  • • Increase in the number of critical incidents while using monitoring technology
  • • Substantial change to in where, when, or the amount of time that monitoring technology is used.
  • Coverage under the BI, CAC, CADI and DD waivers

    Environmental accessibility adaptations

    For the BI, CAC, CADI and DD waivers, the environmental accessibility adaptations (EAA) service covers approved monitoring technology equipment that is not shared (i.e., it would follow the person if/when they move). EAA includes the assessments necessary to determine the most appropriate equipment, and installation, maintenance and repairs of the equipment.

    Repairs

    EAA covers repairs only when they are cost-effective compared to the price to replace the item.

    Shared equipment

    Equipment that is shared as part of a foster care or supported living service arrangement is compensated within the framework for those services (under the “client programming and supports” component value). The lead agency may not authorize the equipment separately under EAA.

    24-hour emergency assistance service

    For the BI, CAC, CADI and DD waivers, the 24-hour emergency assistance service covers on-going monitoring to support a person using the technology if he/she meets both of the following criteria:

  • • Live in his/her own home (i.e., not in a group residential setting, such as corporate foster care)
  • • Went through the applicable monitoring technology approval process.
  • Coverage under the AC program and EW

    Specialized equipment and supplies

    For the AC program and EW, the specialized supplies and equipment service covers approved monitoring technology equipment and monthly fees including:

  • • Individual evaluation or assessment to determine the most appropriate equipment
  • • Installation when modifications to the physical structure of the home is not required
  • • Maintenance and repairs, when they are cost-effective compared to the price to replace the item.
  • • Monitoring service costs
  • • Purchase or rental fees.
  • Environmental accessibility adaptations

    For the AC program and EW, the lead agency should authorize installation of monitoring technology equipment under the environmental accessibility adaptations (EAA) service when the equipment installation requires modifications to the physical structure of the home that are not easily removed.

    Items authorized under EAA should use the EAA HCPC codes and follow the EAA authorization limits.

    EAA includes:

  • • Installation
  • • Maintenance
  • • Necessary assessments to determine the most appropriate equipment
  • • Repairs of the equipment.
  • Additional resources

    CBSM – 24-hour emergency assistance
    CBSM – Environmental accessibility adaptations (EAA)

    MHCP – EW and AC – Environmental accessibility adaptations (EAA)

    MHCP – EW and AC – Specialized equipment and supplies (SES)

    Rate/Report this pageReport/Rate this page

    © 2017 Minnesota Department of Human Services
    Minnesota.gov is led by MN.IT Services
    Updated: 6/8/17 9:51 AM | Accessibility | Terms/Policy | Contact DHS | Top of Page | Updated: 6/8/17 9:51 AM