Page posted: 10/1/03 | Page reviewed: 12/14/21 | Page updated: 4/5/24 |
Legal authority | Federally approved BI, CAC, CADI, DD and EW waiver plans, 42 C.F.R. 440.180, Minn. Stat. §256B.092, Minn. Stat. §256B.49, Minn. Stat. Ch. 256S, Minn. Stat. §256B.0913, Minn. Stat. §256B.492, Minn. Stat. §256B.0992 |
Definition | Lead agencies: Counties, tribal nations and managed care organizations (MCOs). |
Overview | Waiver and Alternative Care (AC) programs provide home and community-based services (HCBS) to meet the needs of people with disabilities and older adults. Minnesota developed HCBS waivers to meet the needs of people who choose to receive services and supports in their home or community, rather than in an institutional setting. For eligible people, these service options are available in addition to services covered by Medical Assistance (MA).
Note: People who choose the AC program do not have MA services. A person must be a Minnesota resident and meet eligibility requirements specific to each waiver/AC program. Each waiver/AC program is based on an agreement between DHS and the federal Centers for Medicare & Medicaid Services (CMS) that complies with federal requirements. These agreements are called waiver plans or AC protocols. They describe: · Populations served.· Services and provider standards.· How rates are determined.· How DHS manages the waiver/AC program and ensures consistency across the state.· How DHS informs people of their fair-hearing rights.· Strategies DHS uses to measure quality improvement· Safeguards DHS has to ensure people's health, safety and well-being.DHS manages the waiver/AC programs, lead agencies administer the programs and providers deliver services within the requirements of the programs. |
Programs | People with disabilities and older adults may qualify for waiver/AC programs if they choose to live in the community and require certain levels of care. The following programs are available to people who meet eligibility criteria: · Alternative Care (AC): For older adults who require the level of care provided in a nursing facility and who are not yet eligible for MA.· Brain Injury (BI) Waiver: For people with a traumatic, acquired or degenerative BI who require the level of care provided in a nursing facility that provides specialized services for people with BI, or who require the level of care provided in a neurobehavioral hospital.· Community Access for Disability Inclusion (CADI) Waiver: For people with disabilities who require the level of care provided in a nursing facility.· Community Alternative Care (CAC) Waiver: For people who are chronically ill or medically fragile and require the level of care provided in a hospital.· Developmental Disabilities (DD) Waiver: For people with developmental disabilities or related conditions who require the level of care provided in an intermediate care facility for persons with developmental disabilities (ICF/DD).· Elderly Waiver (EW): For older adults who require the level of care provided in a nursing facility. |
Services | Each waiver/AC program includes certain services, which are listed on each program's CBSM page. Services under all waiver/AC programs must: · Be authorized by the lead agency and included in the person's support plan before services are delivered (i.e., prior authorized).· Be for the direct benefit of the person, with the exception of services that provide relief or training for caregivers if the person chooses and benefits from that support (e.g., respite, homemaker, chore services, family training and counseling, specialist services, family caregiver services).· Be the most cost-effective option to meet the person's needs.· Ensure the person's health, safety and well-being.· Help the person avoid institutionalization.· Help the person function with greater independence in the community.· Meet the person's assessed areas of need.· Be the person's choice to meet their needs.· Support the person's desires, needs and preferences.· Meet all program and service guidelines in the federally approved waiver plan or AC protocol.· Be related to the person's disability (BI, CAC, CADI and DD only).· Be authorized within allowable rates (refer to CBSM – Disability-specific financial management and CBSM – Rate methodologies for AC, ECS and EW service authorization).· Be within the allowable budget of the county/tribal nation (BI, CAC, CADI and DD only; refer to CBSM – Financial management of the waivers – Overview).· Be within the case mix cap (AC and EW only; refer to Long-Term Services and Supports Service Rate Limits, DHS-3945 [PDF]).Non-covered servicesServices under all waiver/AC programs are not covered if they: · Are for recreational or diversionary purposes.· Are for comfort or convenience.· Duplicate other services available.· Are available through another funding source (e.g., Medicare, MA state plan services, long-term care insurance).
Note: Older Americans Act [OAA] funding is not considered “another funding source” for this purpose because people on a waiver/AC program are not legally entitled to receive OAA-funded services. DHS does not require that OAA programs fund benefits that are available to a person through a waiver/AC program. The lead agency should authorize the service or amount of service the person needs within the limits of the waiver/AC program. If a person age 60 or older needs additional services beyond what can be authorized under the waiver/AC program, OAA programs may be an option for the person. For more information, refer to ACL – OAA payer of last resort.· Are considered educational expenses under the Individuals with Disabilities Education Act (IDEA) (refer to CBSM – Glossary – IDEA).· Substitute for parental responsibility.· Substitute for informal supports that appropriately meet the person's needs.· Provide alternative therapies, except under consumer directed community supports (CDCS).· Pay for the cost of utilities. |
State responsibilities | DHS is responsible to: · Design and develop waiver/AC programs, policies and services that meet federal guidelines and DHS goals.· Submit reports to CMS on the quality, performance and financial management of waiver/AC programs.· Renew waiver/AC programs every five years as required by CMS.· Respond to the state legislature about development of and changes to waiver/AC programs and services.· Submit amendments to CMS whenever there is a change that affects an approved waiver plan or AC protocol.· Monitor waiver/AC program activity to ensure the integrity of services and standards.· Establish rate methodologies for waiver/AC services· Delegate certain activities to lead agencies (refer to the lead agency responsibilities section).· Manage lead agency administration of waiver/AC programs for statewide consistency and compliance with federal requirements.· Ensure all people have the right to make choices and live in the most integrated setting of their choice.· Provide technical assistance for waiver/AC programs, policies and services to lead agencies and providers. |
Lead agency responsibilities | Lead agencies are responsible to: · Determine financial and program eligibility for a person who requests services and supports.· Provide ongoing case management/care coordination for a person on waiver/AC programs, including support plan development (refer to CBSM – Waiver, AC and ECS case management).· Help the person access, coordinate and evaluate services.· Provide information to the person so they can make informed choices about where they want to live and services to meet their assessed need(s).· Inform the person of the option to self-direct their own services.· Use required forms (refer to CBSM – Forms for LTSS assessment, eligibility and support planning).· Monitor the ongoing provision of services and make service adjustments, as necessary, to address provider performance, service effectiveness and the person's satisfaction, health, safety and continued eligibility.· Follow the policies listed in the services section and on the service-specific CBSM pages.· Authorize and include waiver/AC services in the person's support plan before services are delivered (i.e., prior authorize).· Enter screening documents into the Minnesota Medicaid Management Information System (MMIS).· Enter service authorizations into the appropriate system.
Note: Counties and tribal nations use MMIS.· Sign provider agreements with DHS and meet the provider qualifications when the lead agency is the service provider· Follow the policy on CBSM – Lead agency oversight of waiver/AC approval-option service vendors if choosing to review and approve non-enrolled, qualified providers to deliver waiver/AC services. · Work in partnership with DHS and other organizations to provide resources about programs and services to people with disabilities and older adults.For more information about managed care responsibilities, refer to DHS – MCO contract information, forms and resources. For more information about tribal nation responsibilities, refer to CBSM – Tribal administration of HCBS programs. |
Provider responsibilities | Waiver/AC service providers must: · Meet all requirements listed on CBSM – Waiver/AC service provider overview.· Follow the policies listed on MHCP Provider Manual – HCBS waiver services.· Follow the policies listed in the services section and on the service-specific CBSM pages.· Deliver services as authorized by the lead agency (i.e., prior authorized) and included in the person's support plan. |
Processes and procedures | For information about how to administer the programs, refer to CBSM – Waiver, AC and ECS general processes and procedures. |
MMIS codes for HCBS waiver/AC program eligibility | ACCertified assessors enter the person's program eligibility for AC using the following long-term care (LTC) screening document fields: · Program type.· Activity type.· Assessment result.· Effective dates.The date will set the begin-date of the eligibility span on the RELG screen in MMIS. The code displayed on the RELG screen for AC program eligibility is "AC." BI, CAC, CADI, DD and EWFinancial workers enter the person's disability or other eligibility status on the RELG screen in MMIS. This documents part of waiver program eligibility. The following codes are the only codes financial workers may enter for program eligibility: · BX: Blind.· DC: Disabled/child age 18 through 20.· DP: Employed disabled with premium.· DX: Disabled.· EX: Age 65 and over.· 15: 1619A.· 16: 1619B.· 09: IV-E Adoption Assistance.· 10: Minnesota Adoption Assistance.· 25: IV-E Foster Care.Additional information about codes 09, 10 and 25Many children who are eligible for Title IV-E adoption assistance (09), MN adoption assistance (10) and Title IV-E foster care (25) also are certified disabled and receiving waiver services. The eligibility status for these children must remain coded as 09, 10 or 25 for funding purposes. Additional information for financial workers about "D" code (BI, CAC, CADI and DD only)Financial workers must add a “D” code to the indicator field in MMIS on the RELG screen to indicate "disabled" for purposes of waiver program eligibility. For more information, refer to the MMIS User Manual. |
Additional resources | ProgramsCBSM – AC
CBSM – BI Waiver
CBSM – CAC Waiver
CBSM – CADI Waiver
CBSM – DD Waiver
CBSM – EW Financial information and ratesCBSM – Disability-specific financial management
CBSM – EW conversion rates
CBSM – Financial management of the waivers – Overview
CBSM – Rate methodologies for AC, ECS and EW service authorization
Long-Term Services and Supports Service Rate Limits, DHS-3945 (PDF) PoliciesCBSM – Assessment and support planning
CBSM – Level of care
CBSM – Lead agency oversight of waiver/AC approval-option service vendors
CBSM – Paying relatives and legally responsible individuals
CBSM – Support planning for LTSS
CBSM – Tribal administration of HCBS programs
CBSM – Waiver, AC and ECS case management
CBSM – Waiver, AC and ECS general processes and procedures
CBSM – Waiver/AC service provider overview
MHCP Provider Manual – HCBS waiver services Other resourcesCBSM – Essential Community Supports (ECS)
CBSM – Forms for LTSS assessment, eligibility and support planning
CBSM – Minnesota MA managed care programs
CDCS Policy Manual
DHS – LTSS demographic dashboard
DHS – MCO contract information, forms and resources
HCBS Waiver/AC Service Purchase Agreement template available for use/modification by county/tribal agencies (.DOC)
How to Apply for a Home and Community-Based Services (HCBS) License Under MN Statute 245D (video)
Instructions for Completing and Entering the LTCC Screening Document and Service Agreement into MMIS, DHS-4625 (PDF)
Instructions for Completing and Entering the LTCC Screening Document and Health Risk Assessment into MMIS for the MSC+ and MSHO Programs, DHS-4669 (PDF)
MHCP Eligibility Policy Manual
MHCP Managed Care Manual
MMIS User Manual |
| | | |