Minnesota Minnesota

CFSS Policy Manual

CFSS Policy Manual


PCA/CFSS provider-owned or -controlled housing

Page posted: 8/26/24

Page reviewed:

Page updated:

Legal authority

Minn. Stat. §256B.0659, subd. 3(b) (1), 11(c) and 29, Minn. Stat. §256B.85, subd. 9(b)(34)

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

In both PCA and CFSS, the person’s housing provider cannot also be the person’s PCA/CFSS provider agency.

Differences

In CFSS, the person’s consultation services provider and financial management services (FMS) provider cannot also be the person’s housing provider. These provider types do not exist in PCA.

Overview

A person who uses PCA/CFSS services has the right to choose the providers of their services and supports.

PCA/CFSS services are not covered if the PCA/CFSS provider owns or controls the living arrangement of the person receiving services and is not related to the person by blood, marriage or adoption.

Allowable living arrangements

The following living arrangements are allowed:

  • · Arrangements with live-in PCA/CFSS workers.
  • · Arrangements with relatives as PCA/CFSS workers.
  • · Family foster care when the person lives with the license holder, including when the license holder is the PCA/CFSS worker.
  • · Arrangements in which the PCA/CFSS provider agency’s owner is related to the person by blood, marriage or adoption.
  • · Assisted living when the PCA/CFSS workers are from a separate provider who is not the licensed assisted living provider.
  • These arrangements are allowed because they are not considered provider-owned or -controlled housing for the purposes of receiving PCA/CFSS/

    Unallowable living arrangements

    The following living arrangements are not allowed:

    1. Any situation in which the same company owns, controls or has a financial interest in the person’s housing and PCA/CFSS services.

    2. A residential setting owned or controlled by the PCA/CFSS provider if the provider is not related to the person by blood, marriage or adoption.

    3. Any situation in which there is an expectation that PCA/CFSS services are included with housing.

    4. Any situation in which the individual or company that controls the housing does any of the following:

  • · Restricts the person’s choice of provider in a way that would require the person to move in order to choose a new provider.
  • · Markets one or more PCA/CFSS providers to the person in a manner that limits their choice of provider.
  • · Restricts the person’s use of the housing based on the amount of PCA/CFSS services the person uses or the PCA/CFSS provider the person uses (e.g., restricting the person’s use of shared living spaces if they do not use a particular provider agency).
  • · Provides incentives to use a particular PCA/CFSS provider (e.g., discounts on rent or gift cards for using a particular provider agency).
  • These arrangements are not allowed because they are considered provider-owned or -controlled housing for purpose of receiving PCA/CFSS.

    Lead agency’s responsibilities

    The lead agency’s responsibilities are different based on the person’s situation.

    Person on a waiver/Alternative Care (AC) or enrolled in a managed care organization (MCO) with care coordination

    The case manager/care coordinator is responsible to ensure PCA/CFSS services do not occur in provider-owned or -controlled housing.

    Person not on a waiver/AC

    As part the assessment process, the assessor must confirm the person is not living in provider-owned or -controlled housing. The assessor cannot authorize PCA/CFSS services if the person lives in provider-owned or -controlled housing.

    PCA/CFSS agency, FMS provider and consultation services provider’s responsibilities

    All PCA/CFSS providers are responsible to:

  • · Allow the person free choice of PCA/CFSS providers.
  • · Not have a financial interest in the person’s housing.
  • · Comply with the federal HCBS Settings Rule.
  • · Submit documentation to DHS at enrollment and revalidation about disclosure of ownership or leasing of all residential properties that are or could be used to provide PCA/CFSS services.
  • Additional resources

    CFSS Manual – Assessment for PCA/CFSS services
    CFSS Manual – PCA/CFSS provider agency requirements overview
    CFSS Manual – Reassessment for PCA/CFSS services
    CFSS Manual – Transition from PCA and CSG to CFSS
    Housing Benefits 101

    Report this page