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Consumer Directed Community Support (CDCS) Manual

Consumer Directed Community Support (CDCS) Manual


Background studies for direct-contact CDCS services

Page posted: 6/5/17

Page reviewed:

Page updated: 11/22/21

Legal authority

Federally approved BI, CAC, CADI, DD and EW waiver plans, Alternative Care (AC) program (Minn. Stat. §256B.0913), Minn. Stat §245C.02, subd. 11, Minn. Stat. §245C.03, subd. 6, Minn. Stat. §245C.04, subd 6, Minn. Stat. §245C.10, subd. 6, Minn. Stat. §245C.16, subd. 1a, Minn. Stat. §256B.4912 subd. 1

Overview

A person who provides direct-contact services (as defined in Minn. Stat. §245C.02, subd. 11) must meet Minnesota Statutes, Chapter 245C background study requirements. This page explains the responsibilities and processes necessary to meet these background study requirements under CDCS.

Definitions

Background study: Review of a subject's records by DHS to determine if they are disqualified from providing direct-contact services to a person served by a program.

Direct-contact: Provision of face-to-face care, training, supervision, counseling, consultation or medication assistance to a person served by a program.

Subject of a background study: Person on whom a background study is required or completed.

Lead agency

For each person who uses CDCS, the case manager/care coordinator is responsible to:

  • · Identify people who require a background study.
  • · Enter code T2040 on the service agreement to authorize the studies as a separate line item.
  • If the person is enrolled in a managed care organization (MCO), contact the MCO for specific background-study authorization information.

    Funding

    Background study costs are not deducted from a person's individual CDCS budget. Waiver funds cover the costs.

    Disqualification

    If a subject is disqualified from providing direct-contact services, the lead agency will receive a copy of DHS' notice from the financial management services (FMS) provider.

    Financial management services (FMS) provider

    The FMS provider is responsible to:

  • · Contact the case manager/care coordinator and get the list of people who require a background study.
  • · Contact those people and get the information required to initiate the studies.
  • · Verify that the information they submit is accurate.
  • · Use its organization number to initiate a background study in NETStudy for each person.
  • Disqualification

    If a subject is disqualified from providing direct-contact services, the FMS provider will receive a notice from DHS. If it does, the FMS provider must:

  • · Comply with the instructions on the notice from DHS.
  • · Provide a copy of the notice to the person who uses CDCS (or their representative) and the lead agency (case manager/care coordinator).
  • The FMS provider cannot pay the subject of the background study for direct-contact services if the disqualification notice states that they either:

  • · Pose an imminent risk of harm to a person who uses CDCS.
  • · Require continuous, direct supervision.
  • Subject of a background study

    The subject of a background study is responsible to cooperate with the background study process. If a person refuses to cooperate, they may be disqualified from providing direct-contact services.

    Disqualification and reconsideration

    If a subject is disqualified from providing direct-contact services, they will receive a notice from DHS. The disqualification notice includes instructions on how to request reconsideration of the disqualification. DHS will evaluate requests for reconsideration.

    Person who uses CDCS

    The person who uses CDCS and their representatives are responsible to:

  • · Help the FMS provider obtain the necessary information for all people subject to a background study.
  • · Follow the FMS provider’s direction regarding the results of each background study.
  • Disqualification

    If a subject is disqualified from providing direct-contact services, the person who uses CDCS will receive a copy of DHS' notice from the FMS provider.

    DHS

    DHS is responsible to provide a notice of the background study results to the:

  • · FMS provider.
  • · Subject.
  • The results will state whether the subject is or is not disqualified from providing direct-contact services.

    DHS does not provide the results to the:

  • · Person who uses CDCS or their representative.
  • · Lead agency (case manager/care coordinator).
  • DHS will only release the information in the subject’s background study to the FMS provider in the following situations:

  • · Subject is disqualified because they fail to cooperate with the background study.
  • · Subject is disqualified because of substantiated maltreatment.
  • · Subject authorizes the release of the information.
  • · Minnesota Statutes, Chapter 13 provides for the information's release.
  • State plan and traditional waiver/AC services

    If the person uses CDCS to purchase a state plan or traditional waiver/AC service from a licensed provider (e.g., day training and habilitation, home care, in-home family support, personal care assistance, etc.), the provider (not the FMS provider) is responsible to complete the necessary background studies.

    Additional resources

    CDCS Manual Service category: Personal assistance (pre-unbundling)
    CDCS Manual – Unbundled service category: Personal assistance
    DHS – Background studies – Entities initiating studies

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