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Respite Care

Tier 1 Service

Page posted: 10/01/03

Page reviewed: 8/22/11

Page updated: 3/6/14

Legal Authority

Federally approved BI, CAC, CADI and DD Waiver plans, Minn. Stat. §245D.03

Definition

Respite: Short-term care services provided due to the absence or need for relief of the family member(s) or primary caregiver normally providing the care.

Covered Services

In-home or out-of-home respite settings must meet necessary provider licensure and qualifications. Respite may be provided in the participant's home or place of residence, or one of the following out of home settings:

  • • Foster Care
  • • Medicaid certified hospital
  • • Medicaid certified nursing facility
  • • Unlicensed setting (agency or individual must have a 245D service license)
  • Respite care is only provided for a primary caregiver meeting the following criteria:

  • • Responsible for the care and supervision of the person and
  • • Maintain his/her primary residence at the same address as the person and
  • • Named as an owner or leaser of the primary residence
  • BI/CAC/CADI Waiver only

    Respite care is limited to 30 consecutive days per respite stay in accordance with the plan of care.

    Non-Covered Services

    With the exception of a community emergency or disaster, respite care is not available for persons residing in:

    Respite care provided in the person’s home or other private residence will not include room and board payments.

    The DD Waiver does not reimburse respite care for:

  • • Short term admission to an ICF/DD or
  • • More than four people in one home or setting at the same time
  • Community Emergency / Disaster

    If a community emergency or disaster requires a waiver recipient to relocate from a current residence, a licensed and qualified provider may provide out-of-home respite services for the primary caregiver. The primary caregiver:

  • • May or may not resides at the same address as the participant, and
  • • May be paid or unpaid
  • DHS:

    1. Must approve the request as a necessary expenditure related to the emergency or disaster.
    2. May waive other limitations on this service as needed to ensure DHS reimburses necessary expenditures related to protecting the health and safety of recipients.
    3. May approve the provision of respite services by unlicensed providers on a short-term, temporary basis.

    Community Emergency/Disaster Respite Process

    When a community emergency or natural disaster affects Minnesota, DHS works closely with the State Emergency Operations Center (SEOC) to monitor the situation. As part of DHS’ emergency preparedness activities, protocols are in place to ensure each DHS business area is in communication with lead agencies and providers who may be affected by a disaster.

    If waiver residential providers need to relocate participants to ensure their health and safety, the providers or lead agencies should contact the DSD Regional Resource Specialist assigned to that county for information on:

  • • Funding mechanisms available for reimbursement of eligible costs associated with the relocation of participants
  • • Whom to contact at DHS for additional disaster-related assistance
  • Provider Standards and Qualifications

    In-home respite care

    Individuals and agencies licensed under Minn. Stat. chapter 144A as a home care provider must meet the provider standards in Minn. Stat. chapter 245D.

    Providers excluded from licensure under Minn. Stat. §245A.03, subd. 2(1) and 2(2) must meet the requirements of:

  • • Minn. Stat. §245D.04, subds. 1(4), 2(1), 2(2), 2(3), 2(6) and 3 regarding service recipient rights
  • • Minn. Stat. §245D.05 and Minn. Stat. §245D.051 regarding health services and medication monitoring
  • • Minn. Stat. §245D.06 regarding incident reporting and prohibited and restricted procedures
  • • Minn. Stat. §245D.061 regarding the emergency use of manual restraint; and
  • • Minn. Stat. §245D.09 subds. 1, 2, 3, 4a, 5a, 6 and 7 regarding staffing standards.
  • Providers licensed under 245D must report all uses of controlled procedures, emergency use of manual restraint and prohibited procedures according to Minn. Stat. §245D.06, subd. 5 to DHS via the Behavioral Intervention Report Form DHS-5148 (PDF).

    Service providers may apply for a 245D license using the Licensing home page.

    Email questions about exclusion from DHS licensure to the DHS Licensing Division HCBS Unit.

    Out -of-home respite care

    1. Hospitals licensed under Minn. Stat. §144.50 to 144.56.
    2. Nursing facilities (long-term care facilities) licensed in accordance with Minn. Stat. chapter 144A and defined under Minn. R. 9505.0175, subp. 23. Respite can only be provided in a nursing facility for participants on the BI, CAC or CADI waivers.
    3. Chapter 245D licensed respite services (unless excluded from 245D licensure as as described under In-Home Respite) in one of the following sites:

  • • Adult foster cares licensed under Minn. R 9555.5050 to 9555.6265
  • • Child foster care licensed under Minn. R 2960.3000 to 2960.3340
  • • Unlicensed site when the case manager has determined the site will meet the assessed needs of the individual.
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