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: If the person is enrolled in a managed care organization (MCO), contact the MCO for specific background-study authorization information. FundingBackground study costs are not deducted from a person's individual CDCS budget. Waiver funds cover the costs. DisqualificationIf 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: DisqualificationIf 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: The FMS provider cannot pay the subject of the background study for direct-contact services if the disqualification notice states that they either: | ||
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 reconsiderationIf 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: DisqualificationIf 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: 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: DHS will only release the information in the subject’s background study to the FMS provider in the following situations: | ||
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) | ||
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