The Essential Guide to Adult Foster Care in Minnesota
As the owner of Holt Law, a law firm in Minnesota that focuses on serving healthcare professionals, medical spas, and licensed healthcare facilities, I understand the importance of staying up-to-date on the latest regulations and requirements related to home and community-based services (HCBS) like adult foster care. In this comprehensive blog post, I’ll dive into the details of adult foster care in Minnesota, covering everything from the definition and covered services to provider qualifications, authorization and billing, and more.

What is Adult Foster Care?

Adult foster care is a type of HCBS waiver service that provides ongoing residential care and supportive services to adults living in a licensed family foster care setting or community residential setting (CRS). These services are individualized and based on the assessed needs of the adult as identified in their support plan.

Adult foster care settings can be licensed to serve up to five adults per home, as long as all residents are age 55 or older and do not have a serious and persistent mental illness or developmental disability. The services provided cover a range of household and living skills assistance, including:

Chores, cleaning, cooking, and other homemaking tasks
Budgeting and safeguarding cash resources
Assistance with activities of daily living
Companion services
Medication oversight (to the extent permitted by state law)
Recreation and social opportunities
Transportation and use of community resources

Covered vs. Non-Covered Services

The adult foster care waiver service covers the provision of protection, supervision, household services, and living-skills assistance. However, it does not cover things like the cost of vehicle and facility maintenance, items of comfort or convenience, payments made directly to the adult, room and board, or services provided directly to the adult’s immediate family members.

Additionally, if a person is receiving adult foster care, they cannot also receive certain other state plan or waiver services that would duplicate the adult foster care services, such as chore services, environmental accessibility adaptations, home-delivered meals, homemaker, individual community living supports, personal care assistance, or respite.

Provider Qualifications and Licensure
To provide adult foster care in Minnesota, the provider must have one of the following licenses or certifications:

A service license under Minnesota Statute Chapter 245D as an intensive support service provider.
A service license under Minnesota Statute Chapter 245A and meet current legal foster care licensure requirements.
County certification of relatives according to Minnesota Statute §256B.0919, subd. 3.
The adult foster care setting itself must be licensed as either an adult foster care setting under Minnesota Rules 9555.5105 to 9555.6265 or a community residential setting (CRS) under Minnesota Statutes §245D.23 to §245D.26.

Providers must also undergo background studies, report any use of controlled procedures or emergency manual restraints, and comply with all other federal, state, and licensing agency rules and regulations.

Authorization, Rates, and Billing
Lead agencies use the Elderly Waiver Residential Services (EW RS) Rate Tool in the MnCHOICES Support Plan to develop service plans and determine rates for EW adult foster care services. When adult foster care component service rates and monthly caps increase, the Minnesota Department of Human Services (DHS) updates the rate and cap values in the EW RS Rate Tool.

New Location Requirements

Effective March 18, 2023, new adult foster care providers cannot bill for waiver services in settings that are located in or adjacent to an institution, such as a nursing facility, hospital, intermediate care facility for persons with developmental disabilities, or institution for mental disease, until the setting has been approved through a heightened-scrutiny process by DHS and the Centers for Medicare & Medicaid Services (CMS).

Providers in these types of settings must email the DHS Aging and Adult Services HCBS unit at dhs.aasd.hcbs@state.mn.us to begin the heightened-scrutiny process.

Finding an Adult Foster Care Provider
To find a list of licensed adult foster care providers in Minnesota, you can check the DHS licensing information lookup or MinnesotaHelp.info. It’s important to ensure that any provider you consider meets all the necessary qualifications and licensing requirements.

Conclusion
Adult foster care is an important HCBS option in Minnesota that provides crucial support and services to adults in need of residential care. By understanding the details around covered services, provider qualifications, authorization and billing, and the new location requirements, healthcare professionals, medical spas, and licensed healthcare facilities can better navigate this complex landscape and ensure their clients receive the high-quality care they deserve. If you have any questions or need assistance, don’t hesitate to reach out to the team at Holt Law.