Minnesota Minnesota

CFSS Policy Manual

CFSS Policy Manual


Person’s rights and responsibilities in CFSS

Page posted: 8/26/24

Page reviewed:

Page updated: 11/25/24

Legal authority

Minn. Stat. §256B.85, subd. 20, 20a, 20b, 20c and 14, Minn. Stat. §256B.0659, subd. 24(13)

Comparison of PCA and CFSS

DHS is in the process of replacing PCA with CFSS. For more information about this transition, refer to CFSS Manual – Transition from PCA and CSG to CFSS.

Similarities

People using PCA and CFSS have rights that their workers, providers, lead agency staff and DHS must respect and protect.

Differences

In PCA, people’s rights are described in the Home Care Bill of Rights. PCA provider agencies are required to provide each person with the Home Care Bill of Rights at the start of services.

In CFSS, people’s rights are listed on this page and in CFSS statute (Minn. Stat. §256B.85, subd. 20b and 20c). The rest of this page applies to CFSS only.

Definition

Responsible party (RP)/participant’s representative: An individual who is age 18 or older and capable of directing care on behalf of a person receiving PCA/CFSS services when the person is assessed as unable to direct their own care. In PCA, this individual is called the RP. In CFSS, this individual is called the participant’s representative.

Note: All references to “representative” on this page refer to the participant’s representative, unless otherwise specified.

Person’s rights

All people using CFSS have the following rights.

Choices

People using CFSS have the right to:

  • · Choose or change service options (with some exceptions; refer to CFSS Manual – PCA service options and CFSS service models and CFSS Manual – CFSS budget model requirements).
  • · Choose their providers.
  • · Participate in person-centered planning.
  • · Participate in developing their service delivery plan.
  • · Participate in choosing their workers.

    • Information

    People using CFSS have a right to information about:

  • · Their rights and responsibilities.
  • · Service options.
  • · Available providers.
  • · The services their provider does and does not provide before the start of services.
  • · How much the services cost and under what circumstances they might be responsible for costs.
  • · Their staffing, including the proposed frequency and schedule (CFSS agency model only).
  • · The process to change services and/or providers.
  • · How to file complaints with their providers without fear of retaliation.
  • · How to contact the Ombudsman Office for Long-Term Care.

    • Services

    People using CFSS have the right to enter into an agreement with their provider(s) that describes the services they will receive.

    People using the CFSS agency model have the right to:

  • · Receive services from a worker trained and determined competent by a supervising professional with the appropriate background for their needs.
  • · Have their support worker preferences documented by the provider agency and met whenever possible (if the person expressed a preference).

    • Changes

    People using CFSS have the right to:

  • · Refuse or terminate services.
  • · Change their services and/or providers, including a coordinated transfer between providers.

    • Notices

    People using CFSS have a right to receive timely notices of:

  • · Reduction, termination or denial of services (minimum 10-day notice).
  • · Provider discontinuing services (minimum 30-day notice, with some exceptions).

    • Appeal

    People using CFSS have a right to appeal:

  • · Results of their assessment.
  • · Denial of their service delivery plan.
  • · Removal by DHS or the lead agency from the CFSS budget model.

    • People using CFSS have the right to continue accessing their CFSS services until they receive the outcome of their appeal of a reduction or termination of services.

    Safety and dignity

    People using CFSS have a right to:

  • · Privacy (refer to Information Access and Privacy, DHS-2667 [PDF]).
  • · Freedom from maltreatment.

    • Person’s responsibilities

    Responsibilities of all people using CFSS services

    The person or their representative is responsible to:

  • · Enter into an agreement with their provider(s) that describes the services they will receive.
  • · Orient their workers to their needs and preferences.
  • · Direct their workers as they deliver services.
  • · Track the services and goods provided.
  • · Verify that records of worker time spent delivering covered services are correct.
  • · Report any problems with the quality of the services delivered by the support worker to the applicable provider, case manager or care coordinator.
  • · Notify the provider agency or financial management services (FMS) provider of changes that affect their service delivery plan, such as hospitalization or a change in the person’s place of residence.
  • · Participate in the evaluation of services and support workers (agency model) or evaluate services and support workers themselves (budget model).

    • Additional responsibilities for people using the CFSS budget model

    If the person uses the CFSS budget model, the person or their representative also is responsible to:

  • · Use an FMS provider enrolled and contracted with DHS.
  • · Comply with policies and procedures required of the FMS provider by state and federal laws.
  • · Recruit and hire their workers.
  • · Train their workers.
  • · Verify and document that their support workers are competent.
  • · Schedule their workers.
  • · Evaluate their workers within 30 days of hiring them.
  • · Evaluate their workers whenever they change their service delivery plan.
  • · Fire their workers, as necessary.
  • · Comply with local, state and federal employment laws.
  • · Comply with the terms of the Service Employees International Union (SEIU) Healthcare Minnesota and Iowa collective bargaining agreement.
  • · Notify the FMS provider of any changes in a worker’s employment status.

    • Lead agency’s responsibilities

    The lead agency is responsible to:

  • · Conduct the assessment.
  • · Provide the person with DHS – CFSS consultation services providers.
  • · Provide the person with a notice of action and copy of their appeal rights when the lead agency conducts an assessment, reviews the CFSS service delivery plan and/or denies, reduces or terminates services (refer to CBSM – Notice of action).
  • · Participate in the appeals process (refer to CBSM – Appeals and CBSM – Appeals process).
  • · Continue the person’s services during an appeal of a reduction or termination.

    • Additional responsibilities for managed care organizations (MCOs)

    A person who receives services through an MCO must use the MCO’s appeal process before filing an appeal through the DHS Appeals Division. MCOs are responsible to conduct the appeals process.

    Consultation services provider’s responsibilities

    The consultation services provider is responsible to:

    1. Ensure the person knows and understands their rights by taking the following actions within five working days of the start of services and annually:

  • · Provide the person with CFSS Rights and Responsibilities, DHS-6893R (PDF) or an alternative when the person needs it to understand their rights:
    a. DHS-6893R-SOM, Somali (PDF).
    b. DHS-6893R-SPA, Spanish (PDF).
    c. DHS-6893R-RUS, Russian (PDF).
    d. DHS-6893R-VIE, Vietnamese (PDF).
    e. Another document or an interpreter that explains their rights in alternative formats or languages.
  • · Document that the person received a copy of their rights.

    • 2. Provide the person with:

  • · Consultation services provider’s policies and procedures.
  • · Information about how to file a complaint about the consultation services provider.
  • · Contact information for the Ombudsman Office for Long-Term Care.

    • 3. Enter into a written agreement with the person that describes the roles and responsibilities of each party.

    4. Provide the person with the information they need to make service choices, including, but not limited to:

  • · Person-centered planning information.
  • · Differences between the agency and budget models.
  • · Risks and responsibilities of the agency and budget models.
  • · How to find a list of all provider agencies and/or FMS providers.
  • · How to make changes to their service delivery plan.

    • 5. Not attempt to influence the person’s choice of:

  • · Model.
  • · Provider(s).

    • 6. Not limit the number of times the person changes or updates their service delivery plan.

    7. Protect the person’s right to:

  • · Privacy.
  • · Freedom from maltreatment.

    • 8. Perform all the duties and responsibilities required of consultation services providers described on CFSS Manual – Consultation services overview.

    Provider agency’s responsibilities

    The CFSS provider agency is responsible to:

    1. Ensure the person knows and understands their rights by taking the following actions within five working days of the start of services and annually:

  • · Provide the person with CFSS Rights and Responsibilities, DHS-6893R (PDF) or an alternative when the person needs it to understand their rights:
    a. DHS-6893R-SOM, Somali (PDF).
    b. DHS-6893R-SPA, Spanish (PDF).
    c. DHS-6893R-RUS, Russian (PDF).
    d. DHS-6893R-VIE, Vietnamese (PDF).
    e. Another document or an interpreter that explains their rights in alternative formats or languages.
  • · Document that the person received a copy of their rights.

    • 2. Enter into a written agreement with the person that describes the roles and responsibilities of each party.

    3. Provide the person with information about:

  • · Agency’s policies and procedures.
  • · How much the CFSS services cost, and under what circumstances the person might be responsible for any costs.
  • · Any limitations on the services the agency provides.
  • · How to file a complaint.
  • · Agency’s ability to meet the needs identified in the person’s service delivery plan.
  • · Their staffing, including the proposed frequency and schedule.
  • · Contact information for the Ombudsman Office for Long-Term Care.

    • 4. Ensure the person:

  • · Participates in and approves of the evaluation of their services (refer to CFSS Manual – CFSS provider agency evaluation of services).
  • · Makes an informed choice to refuse or terminate services.
  • · Is able to change providers by participating in a coordinated transfer of services.
  • · Is able to access records the agency keeps about them.
  • · Is able to file a complaint without fear of retaliation.

    • 5. Ensure the following:

  • · The provider agency’s supervising professional assigned to that person’s workers has the background necessary to supervise that person’s workers.
  • · Workers are competent to provide the services the person needs.
  • · Person’s preferences for workers are documented.
  • · Person’s preferences for workers are met, when possible.

    • 7. Perform all the duties and responsibilities required of CFSS provider agencies described on CFSS Manual – PCA/CFSS provider agency requirements overview.

    FMS provider’s responsibilities

    The FMS provider is responsible to:

    1. Ensure the person knows and understands their rights by taking the following actions within five working days of the start of services and annually:

  • · Provide the person with CFSS Rights and Responsibilities, DHS-6893R (PDF) or an alternative when the person needs it to understand their rights:
    a. DHS-6893R-SOM, Somali (PDF).
    b. DHS-6893R-SPA, Spanish (PDF).
    c. DHS-6893R-RUS, Russian (PDF).
    d. DHS-6893R-VIE, Vietnamese (PDF).
    e. Another document or an interpreter that explains their rights in alternative formats or languages.
  • · Document that the person received a copy of their rights.

    • 2. Provide the person with:

  • · Statement on how much the services cost, and under what circumstances the person might be responsible for any costs.
  • · Information about how to file a complaint.
  • · Contact information for the Ombudsman Office for Long-Term Care.

    • 3. Enter into a written agreement with the person that describes the roles and responsibilities of each party.

    4. Ensure the person is able to:

  • · Change providers by participating in a coordinated transfer of services.
  • · Access records the FMS provider keeps about them.
  • · File a complaint without fear of retaliation.

    • 5. Perform all the duties and responsibilities required of FMS providers described on CFSS Manual – FMS for CFSS overview.

    DHS’ responsibilities

    DHS is responsible to make policy information publicly available in webpages, manuals, forms and eLearning modules that is:

  • · Free to use.
  • · Accurate and up to date.
  • · Written in plain language.

    • The DHS Appeals Division is responsible to:

  • · Receive and process appeal requests.
  • · Conduct appeals.
  • · Make appeals decisions.

    • The DHS Aging and Adult Services and Disability Services divisions are responsible to:

  • · Provide technical assistance to counties and tribal nations.
  • · Work with counties, tribal nations, the person’s providers and people who receive services to implement decisions.

    • Additional resources

    CBSM – Notice of action
    CFSS Manual – CFSS budget model requirements
    CFSS Manual – CFSS provider agency evaluation of services
    CFSS Manual – PCA service options and CFSS service models
    CFSS Manual – Transition from PCA and CSG to CFSS
    CFSS Rights and Responsibilities, DHS-6893R-ENG, English (PDF)
    CFSS Rights and Responsibilities, DHS-6893R-SOM, Somali (PDF).
    CFSS Rights and Responsibilities, DHS-6893R-SPA, Spanish (PDF).
    CFSS Rights and Responsibilities, DHS-6893R-RUS, Russian (PDF).
    CFSS Rights and Responsibilities, DHS-6893R-VIE, Vietnamese (PDF).
    DHS – The Office of Ombudsman for Public Managed Health Care Programs
    Information access and privacy, DHS-2667 (PDF)
    Ombudsman Office for Long-Term Care

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