Skip To: Main content|Subnavigation|
Minnesota Department of Human Services Community-Based Services Manual (CBSM)
DHS Home CountyLink Home Manuals Home Bulletins
Advanced Search
Show/Hide Table of Contents  

Lead agency oversight of waiver/AC approval-option service vendors

Page posted: 1/23/14

Page reviewed: 12/5/17

Page updated: 12/5/17

Legal authority

Federally approved BI, CAC. CADI, DD and EW waiver plans, Alternative Care (AC) program (Minn. Stat. §256B.0913), Minn. Stat. Chapter 65B, Minn. Stat §245C.02, Minn. Stat. §245C.04, Minn. Stat. §626.556, Minn. Stat. §626.557, Minn. R. 9505.2160 to 9505.2245

Definitions

Approval-option services (formerly Tier 2 and Tier 3 services): Group of basic services available under the home and community-based waiver and Alternative Care (AC) programs. An approval-option service provider enrolls with MHCP or is approved by a willing lead agency. Approval-option services include direct-delivery services and purchased-item services. (For a complete list, see approval-option services list.)

Vendor: An entity that a lead agency approves to deliver an approval-option service. An MHCP-enrolled, approval-option service provider cannot also seek approval to deliver services through a lead agency.

Background

Most services available under the AC and home and community-based (HCBS) waiver programs must be delivered by a provider enrolled with Minnesota Health Care Programs (MHCP). We refer to these as DHS enrollment-required services.

A group of basic waiver/AC services can be delivered by an MHCP-enrolled provider or a qualified vendor approved by a lead agency. We refer to these as approval-option services. This option ensures people have adequate access to basic services statewide.

The lead agency may choose to use exclusively MHCP-enrolled providers or, for these basic services, to approve its own service vendors. DHS encourages lead agencies to exercise the option to approve service vendors as necessary to ensure people on the AC and waiver programs have access to needed services.

Overview

This page outlines the process the lead agency must follow to approve its own vendors to deliver approval-option services.

Requirements

This page reviews the following lead agency requirements:

1. Minnesota HCBS Waiver/AC – Approval-Option Service Vendor Tracking Log, DHS-7004A
Required for all approved service vendors. See required vendor tracking log.

2. Minnesota HCBS Waiver/AC – Approval-Option Service Vendor Assurance Statement, DHS-7004B
Required for all approved direct-delivery service vendors. See required vendor assurance statement.

3. DHS background study
Required for all vendors approved to deliver the subset of approval-option: direct delivery services that are direct-contact services. See required DHS background study.

Tools

The lead agency may use the following tools:

1. Minnesota HCBS Waiver/AC – Documentation Requirements for Approval-Option Service Vendors, DHS-7004
Provides an at-a-glance overview of the documentation required for each approved service vendor. See Documentation Requirements, DHS-7004 (PDF).

2. Minnesota HCBS Waiver/AC – Approval-Option Service Authorization, DHS-7004C
Recommended for each approved service vendor. See service authorization.

3. CBSM waiver/AC service pages
Each provides additional, service-specific information. Access them through the approval-option services list.

Training

We created a comprehensive training that reviews the requirements and tools for lead agency approval of approval-option service vendors. To access the training, see TrainLink – Lead Agency Oversight of HCBS Waiver/AC Approval-Option Service Vendors.

Approval-option services list

Approval-option services include direct-delivery services and purchased-item services.

(Note: We are in the process of integrating AC and EW information into the CBSM waiver/AC service pages. Until we complete this process, refer also to the service information on MHCP Provider Manual – EW and AC.)

Approval-option: direct-delivery services

(Formerly Tier 2 services)

A direct-delivery service is delivered by an individual in or around the home, or in a non-commercial vehicle. Direct-delivery services include the following. An asterisk (*) marks the services that are direct-contact services:

Approval-option: purchased-item services

(Formerly Tier 3 services)

Purchased item services include:

Back to top

Required vendor tracking log

The lead agency must complete an entry on the Minnesota HCBS Waiver/AC – Approval-Option Service Vendor Tracking Log, DHS-7004A (PDF) for every vendor it approves to deliver an approval-option service.

What it is

The vendor tracking log is programmed to direct the lead agency through the federal and state requirements a vendor must meet to be qualified to deliver approval-option services. The lead agency should consult the individual CBSM waiver/AC service pages for additional information, as needed.

How to use it

The lead agency must enter the following information in the tracking log for each vendor it approves:

  • • Vendor name
  • • Vendor contact information
  • • Confirmation that the vendor is not in the U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) Exclusions Database
  • • Confirmation that the vendor is not on the MHCP Excluded Group/Individual Provider Lists
  • • Confirmation that the vendor has required active licenses, certifications or registrations (the lead agency must keep a copy of the license, certification or registration in the vendor's file)
  • • Confirmation that the vendor has a completed DHS background study (NETStudy 2.0) where required
  • • Confirmation of a signed Minnesota HCBS Waiver/AC – Approval-Option Service Vendor Assurance Statement, DHS-7004B (for direct-delivery service vendors only)
  • • Staff who approves the vendor
  • • Date of approval.
  • Customize

    The lead agency may customize the vendor tracking log with additional columns of data. Add new columns after the final column ("next vendor review date").

    Re-review timelines

    The lead agency must re-review direct-delivery service vendors at least once every five years. The lead agency's re-review of purchased-item service vendors is discretionary.

    AC discretionary services must be approved per program application requirements.

    Back to top

    Required vendor assurance statement for direct-delivery service vendors

    The lead agency must obtain a signed Minnesota HCBS Waiver/AC – Approval-Option Service Vendor Assurance Statement, DHS-7004B (.DOC) from each vendor it approves to deliver direct-delivery services.

    What it is

    In signing the vendor assurance statement, the vendor agrees to:

    1. Alert the authorizing case managers/care coordinators to suspend service delivery when a required:

  • • License, certification or registration expires or is revoked
  • • Background study status changes.
  • 2. Ensure it properly handles and safeguards protected information it collects, creates, uses, maintains or discloses on behalf of DHS and the people it serves through its waiver/AC programs

    3. Remain off the HHS OIG Exclusions Database and MHCP Excluded Agency/Individual Provider Lists

    4. Comply with all federal statutes, regulations and guidance that prohibit discrimination based on race, color, national origin, sex, age, religion and disability

    5. Deliver services:

  • • Of the same scope and quality as would be provided to the general public
  • • In compliance with federally approved waiver/AC requirements
  • • As directed by the person's support plan
  • 7. Accept MA payment as full payment for waiver/AC services it provides

    8. Maintain, for five years, fiscal records and supporting documentation that verifies it delivered services as authorized

    9. Comply with Minnesota's reporting procedures for:

  • • Child abuse, for people under age 18
  • • Vulnerable adult maltreatment, for people age 18 and older.
  • Update and retention timelines

    For each direct-delivery service vendor it approves, the lead agency must:

  • • Obtain a signed vendor assurance statement (DHS-7004B) at least once every five years
  • • Retain a signed vendor assurance statement (DHS-7004B) for at least five years following the final date the vendor delivers services.
  • AC discretionary services must be approved per program application requirements.

    Back to top

    Required DHS background study for "direct-contact" service vendors

    There is a subset of approval-option: direct-delivery services that state statute and the waiver plans define as direct-contact services (Minn. Stat, §245C,02, subd. 11). Direct-contact services require a DHS background study.

    The lead agency must ensure each vendor it approves to deliver direct-contact services successfully completes a DHS background study through NETStudy 2.0.

    Direct-contact services include only the following approval-option: direct-delivery services:

  • • AC discretionary services – one-on-one (see Minn. Stat. §256B.0913, subd. 5(19))
  • Family caregiver training and education (AC, EW) – one-on-one
  • Family training and counseling / training (BI, CAC, CADI, DD) – one-on-one, in-home
  • Homemaker / cleaning
  • Transitional services / EW-related supports (EW).
  • How to do it

    For instructions to request DHS background studies through NETStudy 2.0, required documentation and retention timelines, see CBSM – Background study process for lead agencies that approve vendors to deliver direct-contact, approval-option services.

    Back to top

    Service authorization

    DHS recommends the lead agency use its own service authorization to document the service delivery terms and rate agreement reached with a waiver/AC service vendor.

    How to use it

    The service authorization should specify service delivery requirements that align with the person's support plan. The lead agency uses just one service authorization per vendor. If a vendor will provide multiple approval-option services, the lead agency can include information for each service in the one agreement.

    The lead agency may use the Minnesota HCBS Waiver/AC – Approval-Option Service Authorization, DHS-7004C (.DOC) as a template.

    Note: Purchased-item services often generate a simple receipt. In this case, there is no need for a service authorization.

    MMIS authorizations

    County and tribal agencies complete authorizations in MMIS for services delivered by approval-option service vendors using their county/tribal NPI number. Counties and tribal nations are responsible to:

  • • Oversee service delivery
  • • Pay vendors approved to deliver services.
  • Back to top

    Medical Assistance (MA) requirements

    Each vendor that receives Medical Assistance (MA) funds to deliver approval-option services must adhere to these standard requirements:

    1. A vendor must deliver services to a person on a waiver that are of the same quality it would provide to the general public, in accordance with Section 1902(a)(10)(B) – (E) of the Social Security Act.

    2. A vendor must implement regulations and guidance in compliance with federal statutes that prohibit discrimination based on race, color, national origin, sex, age, religion and disability in any program or activity that receives federal financial assistance from the U.S. Department of Health and Human Services. (42 C.F.R. §430.2).

    3. A vendor must ensure it properly handles and safeguards protected information it collects, creates, uses, maintains or discloses on behalf of DHS and in accordance with the federal Health Insurance Portability and Accountability Act (HIPPA). This includes, but is not limited to, the requirements of the:

  • • Privacy Rule and the Security Regulations, 45 C.F.R. parts 160 and 164
  • Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (in particular 13.46, Welfare Data)
  • Minnesota Medical Records Act, Minn. Stat. §144.291 to 144.298
  • • Any other applicable state and federal statutes, rules and regulations that affect the collection, storage, use and dissemination of private or confidential information.
  • A direct-delivery service vendor signs a vendor assurance statement, DHS-7004B, which assures its compliance with these requirements.

    Back to top

    Service delivery management and oversight

    The lead agency is responsible to oversee the delivery of all approval-option services it authorizes.

    When evaluating a vendor for service delivery, the lead agency may choose to:

  • • Check the Better Business Bureau website for reports on the vendor
  • • Request an independent criminal background check on a vendor that does not require a DHS background study.
  • The lead agency should watch for suspect business practices, such as when the vendor submits:

  • • Duplicate or incorrect claims
  • • Claims with missing required-information
  • • Claims for services not directed by the case manager/care coordinator
  • • Excessive charges for services or supplies.
  • If problems arise

    If the lead agency discovers a problem with a vendor's service delivery, it should address the issue immediately. If problems remain unresolved, the lead agency should terminate its relationship with the vendor as appropriate.

    If a lead agency terminates a relationship with a vendor, it should document it in the vendor tracking log, DHS-7004, including the date and brief reason for termination. DHS encourages lead agencies to report vendor problems to the Better Business Bureau.

    Record retention timelines

    Per its MHCP provider agreement, the lead agency must retain all records that fully disclose the extent of approval-option services provided to a person on a waiver or the AC program for a minimum of five years. This includes vendor bills and receipts for each service provided to a person and any relevant shipping invoices or delivery logs.

    Back to top

    County and tribal agency collaboration

    County and tribal agencies may choose to collaborate on service vendor review and approval. This may include generating a jointly signed vendor assurance statement, DHS-7004.

    If they do, they must comply with the following requirements:

  • • Agencies must determine how they will maintain the required vendor tracking log, DHS-7004A and vendor assurance statements, DHS-7004B.
  • • Each collaborating county or tribal agency needs to present required documents at on-site review
  • • If one county or tribal agency learns an approved vendor is no longer qualified to deliver services, it must alert all collaborating agencies.
  • Back to top

    Managed care organizations

    A managed care organization (MCO) may authorize a vendor not enrolled with MHCP to deliver approval-option services in the following ways:

  • • Work directly with a qualified vendor
  • • Work through a willing county or tribal agency.
  • Work directly with a vendor

    When the MCO works directly with a vendor, it must assure the vendor meets state standards. The MCO must:

  • • Document all approval-option service vendors in the vendor tracking log, DHS-7004A
  • • Obtain a signed vendor assurance statement, DHS-7004B from each direct-delivery service vendor.
  • Work through a willing county or tribal agency

    The MCO may authorize services provided by a county or tribal agency, or a vendor a county or tribal agency approved.

    When the MCO authorizes services provided by a vendor approved by a county or tribal agency, the county or tribal agency is responsible to assure the vendor is qualified to deliver services.

    When an MCO works through a county or tribal agency, the following conditions apply:

  • • The vendor must agree to the arrangement (i.e. they agree to be “subcontracted out")
  • • The county or tribal agency may decide if and into what sort of arrangements (including for which services) it wishes to engage with MCOs.
  • As the case manager/care coordinator develops a service plan with a person who receives services through an MCO, he or she must verify the services are provided in-network or with prior authorization, as required by the MCO.

    Back to top

    Additional resources

    CBSM

    CBSM – DHS background study process for lead agencies that approve vendors
    CBSM – Waiver/AC service provider overview

    eDocs

    Documentation Requirements for Approval-Option Service Vendors, DHS-7004 (PDF)
    Approval-Option Service Vendor Tracking Log, DHS-7004A (.XLS)

    Approval-Option Service Vendor Assurance Statement, DHS-7004B (.DOC)

    Approval-Option Service Authorization, DHS-7004C (.DOC)

    Training

    TrainLink – Lead Agency Oversight of HCBS Waiver/AC Approval-Option Service Vendors

    Rate/Report this pageReport/Rate this page

    © 2018 Minnesota Department of Human Services Updated: 6/19/18 11:09 AM | Accessibility | Terms/Policy | Contact DHS | Top of Page | Updated: 6/19/18 11:09 AM