ARRM's Daily Dispatch

Rates For Individuals Who Are Banded And Changing Providers

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:

1. 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.
2. 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.
3. 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.

Regulations for Minors on Staff: Power-Driven Hoists

As our industry continues to deal with a workforce crisis, members continue to look for innovative solutions to fill shifts. One solution that some members are exploring or have already embraced is hiring minors (employees ages 16 to 17).

Minors present a great opportunity to fill critical staff roles, including in direct care. However, there are specific regulations on their employment, both in terms of the functions they can perform and their working conditions, such as weekly hours. These are by no means a barrier but must be observed carefully.

Limits on Power-Driven Hoist Operation

One area that deserves particular attention is the Department of Labor’s rules on the operation of power-driven hoists. While minors can perform many direct care functions and assist with the operation of some equipment, often they are restricted from sole operation, as is the case with power-driven hoists. This can be easily overlooked during training and day-to-day work.

The formal Department of Labor policy states: “until you are 18-years-old, you may not operate any floor-based vertical powered patient/resident lift devices, ceiling-mounted vertical powered patient/resident lift devices, or powered sit-to-stand patient/resident lift device by yourself.” Minor employees are permitted to assist a trained adult employee with the operation of these devices.

The complete bulletin can be reviewed here for further detail.

Other Limitations

There are other limitations that providers need to be aware of when hiring minors, including driving restrictions. This blog post is one in a series of posts that will detail those limitations in order to help members stay compliant with all labor standards.

Minors Are Important Labor Market

Due to the unique standards around potentially valuable labor force, the ARRM Workforce Solutions Committee is compiling an ARRM member resource outlining the pros and cons of hiring minors, reviewing rules and regulations members should know before hiring a minor, and providing marketing and recruitment resources to assist in hiring minors. The committee will also produce a webinar for members on the topic, anticipated to take place in November.

If you would like more information about the tool-kit the Workforce Solutions Committee is compiling, please contact Sara Grafstrom at sgrafstrom@arrm.org.

--Sara Grafstrom, Director of Government Relations and Member Advocacy