Background studies for workers employed by people using CDCS
Page posted: 6/5/17 | Page reviewed: 8/10/26 | Page updated: 8/10/26 | |
Legal authority | Federally approved Brain Injury (BI), Community Alternative Care (CAC), Community Access for Disability Inclusion (CADI), Developmental Disabilities (DD) and Elderly Waiver (EW) waiver plans, federally approved Alternative Care (AC) 1115 demonstration, 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 | ||
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 who receives services. Direct contact: Face-to-face care, training, supervision, counseling, consultation or medication assistance to a person who receives services. Subject of a background study: Person on whom a background study is required or completed. | ||
Overview | A person who provides direct-contact services (as defined in Minn. Stat. §245C.02, subd. 11) must meet Minn. Stat. Ch. 245C background study requirements. This page explains the responsibilities and processes necessary to meet these background study requirements under CDCS for workers employed by people using CDCS. Financial management services (FMS) providers must complete background studies for workers providing services listed in CDCS Manual – Unbundled service category: Personal assistance and CDCS Manual – Unbundled service category: Community integration and support. | ||
Lead agency’s responsibilities | 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 the person's individual CDCS budget. | ||
FMS provider’s responsibilities | 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. 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’s responsibilities | The subject of a background study is responsible to cooperate with the background study process. 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’s responsibilities | The person who uses CDCS and their representative (if applicable) are responsible to: | ||
DHS’ responsibilities | DHS is responsible to provide a notice of the background study results to the: The notice will state whether the subject is disqualified from providing direct-contact services. DHS does not provide the notice 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., adult day services, home health agency services, individualized home supports, individual community living supports), the licensed provider of that service (not the FMS provider) is responsible to complete the necessary background studies. For more information, refer to CBSM – Waiver/AC service provider overview. | ||
Additional resources | CDCS Manual – Service category: Personal assistance (pre-unbundling) | ||
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