In the past few weeks there has been an increase in questions regarding rates for people receiving residential services who are changing providers, but not changing the service they receive. The DWRS statute addresses this. Click here for a link to the statute [the specific section is 256B.4913 subd. 4a. (b) (3)].
In general what this language says is that for individuals receiving residential services, who change provider on or after January 1, 2014, their historical rate should be set by each agency using whatever method they used to set rates effective December 1, 2013.
Notwithstanding the fact that this language is in statute, counties have been operating in several ways when it comes to residential services recipients who change providers. Ultimately, if you are in agreement with the rate offered by the county there really is not a problem. The statutory language above does give you as a provider some basis for approaching rates for these individuals. To clarify a few things:
- There is nothing in statute that says that an individual who is banded must keep that rate if they change residential providers- although there is nothing that prevents a provider from accepting that rate.
- There is nothing in statute that says that an individual who is banded must go to the final RMS framework rate if they change residential providers- although there is nothing that prevents a provider from accepting that rate.
- It has been fairly common that if one agency takes over the business of another, that the historical (banded) rates stayed in place.
Feel free to contact Barb Turner bturner@arrm.org with any questions.