SAINT PAUL, MN – The Minnesota Department of Human Services, or DHS has temporary power under the governor's Emergency Executive Order 20-12 to waive or modify standards so that Minnesotans can continue to access important programs and services safely and without undue delay during the COVID-19 outbreak.
On Monday, July 12, 2021, the DHS' Disability Services and Aging and Adult Services divisions issued an update on the expiration of COVID waivers affecting aging and disability services for all counties, tribal nations, managed care organizations, providers, people receiving aging and disability services, and other interested parties.
The decision was made following the state of peacetime emergency's termination. The Legislature enacted a bill on June 30 that has ended the peacetime emergency on July 1, 2021. The bill was signed into law by the governor.
Four COVID waivers affecting aging and disability services will remain in effect for the duration specified in any applicable federal statute or in any applicable federally approved waiver or state plan amendment, whichever is later. The four waivers with a modified expiration are:
• CV.15 – Allowing phone or video visits for waiver programs
• CV.24 – Allowing phone or video use for targeted case management visits
• CV.43 – Expanding remote Home and Community Based Services waiver services for people with disabilities — Amended
• CV.44 – Allowing remote delivery of adult day services — Amended
On the contrary, four waivers will remain in effect for only 60 days following the end of the state peacetime emergency on July 1, to allow affected programs to resume operations without the waiver.
From July 2 through August 30, 2021, a 60-day transition period will be in effect. The waivers that will expire on August 30 are:
• CV.50 – Modifying certain requirements for Early Intensive Developmental and Behavioral Intervention (EIDBI) services
• CV.53 – Allowing flexibility for personal care assistance (PCA) service oversight and hours — Amended.
• CV.89 – Modifying requirements to maintain long-term services and supports
• CV.105 – Modifying requirements for certain evaluation reports prior to admission to a nursing facility.
Please notice that as of May 28, 2021, the following two waivers have been revoked and assistance has ceased:
• CV.49 – Rescinding all prior modifications of licensing requirements for adult day centers — Amended
• CV.73 – Rescinding all prior modifications of licensing requirements for providers of day services for adults with disabilities — Amended.
The expiration of state power for COVID waivers is governed by Minnesota Laws 2020, 1st Special Session, Chapter 7. DHS will give more information and instructions in the coming weeks about the expiration of the aforementioned waivers.
For questions related to disability services, you can send an email DSD.ResponseCenter@state.mn.us; for questions related to Aging and Adult Services, email firstname.lastname@example.org.
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