Definitions.

(a) For purposes of this section, the following terms have the meanings given them, unless the context clearly indicates otherwise.

(b) "Commissioner" means the commissioner of human services.

new text begin (c) "Comparable occupations" means the occupations, excluding direct care staff, as represented by the Bureau of Labor Statistics standard occupational classification codes that have the same classification for: new text end

new text begin (1) typical education needed for entry; new text end

new text begin (2) work experience in a related occupation; and new text end

new text begin (3) typical on-the-job training competency as the most predominant classification for direct care staff. new text end

deleted text begin (c) deleted text end new text begin (d) new text end "Component value" means underlying factors that are part of the cost of providing services that are built into the waiver rates methodology to calculate service rates.

deleted text begin (d) deleted text end new text begin (e) new text end "Customized living tool" means a methodology for setting service rates that delineates and documents the amount of each component service included in a recipient's customized living service plan.

new text begin (f) "Direct care staff" means employees providing direct service to people receiving services under this section. Direct care staff excludes executive, managerial, and administrative staff. new text end

deleted text begin (e) deleted text end new text begin (g) new text end "Disability waiver rates system" means a statewide system that establishes rates that are based on uniform processes and captures the individualized nature of waiver services and recipient needs.

deleted text begin (f) deleted text end new text begin (h) new text end "Individual staffing" means the time spent as a one-to-one interaction specific to an individual recipient by staff to provide direct support and assistance with activities of daily living, instrumental activities of daily living, and training to participants, and is based on the requirements in each individual's coordinated service and support plan under section 245D.02, subdivision 4b ; any coordinated service and support plan addendum under section 245D.02, subdivision 4c ; and an assessment tool. Provider observation of an individual's needs must also be considered.

deleted text begin (g) deleted text end new text begin (i) new text end "Lead agency" means a county, partnership of counties, or tribal agency charged with administering waivered services under sections 256B.092 and 256B.49 .

deleted text begin (h) deleted text end new text begin (j) new text end "Median" means the amount that divides distribution into two equal groups, one-half above the median and one-half below the median.

deleted text begin (i) deleted text end new text begin (k) new text end "Payment or rate" means reimbursement to an eligible provider for services provided to a qualified individual based on an approved service authorization.

deleted text begin (j) deleted text end new text begin (l) new text end "Rates management system" means a web-based software application that uses a framework and component values, as determined by the commissioner, to establish service rates.

deleted text begin (k) deleted text end new text begin (m) new text end "Recipient" means a person receiving home and community-based services funded under any of the disability waivers.

deleted text begin (l) deleted text end new text begin (n) new text end "Shared staffing" means time spent by employees, not defined under paragraph (f), providing or available to provide more than one individual with direct support and assistance with activities of daily living as defined under section 256B.0659, subdivision 1 , paragraph (b); instrumental activities of daily living as defined under section 256B.0659 , subdivision 1, paragraph (i); ancillary activities needed to support individual services; and training to participants, and is based on the requirements in each individual's coordinated service and support plan under section 245D.02, subdivision 4b ; any coordinated service and support plan addendum under section 245D.02, subdivision 4c ; an assessment tool; and provider observation of an individual's service need. Total shared staffing hours are divided proportionally by the number of individuals who receive the shared service provisions.

deleted text begin (m) deleted text end new text begin (o) new text end "Staffing ratio" means the number of recipients a service provider employee supports during a unit of service based on a uniform assessment tool, provider observation, case history, and the recipient's services of choice, and not based on the staffing ratios under section 245D.31 .

deleted text begin (n) deleted text end new text begin (p) new text end "Unit of service" means the following:

(1) for residential support services under subdivision 6, a unit of service is a day. Any portion of any calendar day, within allowable Medicaid rules, where an individual spends time in a residential setting is billable as a day;

(2) for day services under subdivision 7:

(ii) for adult day and structured day services, a unit of service is a day or 15 minutes. A day unit of service is six or more hours of time spent providing direct services;

new text begin (iii) for day support services, a unit of service is 15 minutes; and new text end

deleted text begin (iii) deleted text end new text begin (iv) new text end for prevocational services, a unit of service is a day or deleted text begin an hour deleted text end new text begin 15 minutes new text end . A day unit of service is six or more hours of time spent providing direct service;

(3) for unit-based services with programming under subdivision 8:

(i) for supported living services, a unit of service is a day or 15 minutes. When a day rate is authorized, any portion of a calendar day where an individual receives services is billable as a day; and

(ii) for all other services, a unit of service is 15 minutes; and

(4) for unit-based services without programming under subdivision 9, a unit of service is 15 minutes.