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Department of StateDivision of Publications312 Rosa L. Parks Ave., 8th Floor, Snodgrass/TN TowerNashville, TN 37243Phone: 61 5-741 -2650Email: publications. [email protected]

For Department of State Use Only

-10-t4Sequence Number:

Notice lD(s):

File Date:

1lo

Notice of Rulemaking HearingHeaings will be conducted in the manner prescibed by the uniform Administrative Procedures Act, T.C.A. g 4-5-204. Forguesflons and copies of the notice, contact the percon tisted below.

Agency/Board/Commission: Tennessee Department of lntellectual and Developmental DisabilitiesDivision:

Contact Person: Richard R. Prybilla

Address: 315 Deaderick Street, UBS Tower, 8th Floor, Nashville, TNPhone: ,615-532-6526

Email: [email protected]

Any Individuals with disabilities who wish to participate in these proceedings (to review these fitings) and mayrequire aid to facilitate such participation should contact the foltowing at teast 10 days prior to thihearing:

oooot#l""t, yrH::;i,Ti3,'"* UBS rower, Bth Froor, Nashvire, rN

Phone: 901-356-6324

Email: [email protected]

Hearing Location(s) (for additional locations, copy and paste table)

AdQress 1

Address 2Cannon Way Bldg.

c Nashville37214

p m. DT

Additional Hearing lnformation

Rule(s) (ALL chapters and rules contained in filing must be listed. lf needed, copy and paste additionaltables toaccommodate more than one chapter. Please enter only ONE Rule NumberiRule Tifle per row.)

Revision Type (check allthat apply):X Amendment

_ New

_ Repeal

Ghapter Number0465-01-02Rule Number0465-01-02-.010465-01-02-.02

, 0465-01-02-.03

tilized to Determ ine Paymen

RDA 16931

rs (Rate Structure)

SS-7037 (October 2018)

ts to Service Provide

, 0465-01-02-.04 Rate Settqqg Melhgdolog ies for Medica Residential Servicest,

0465-01-02-.05 Rate for lntensive Behavioral Residential Services0465-01-02-.06 Methodoloqies for Residential and Su ported Services0465-01-02-.07 Rate ies for Semi-lndependent Livinq Services

08 N stments09 Rate Settin tes

0465-01 -02-.1 0 Rate Settin ologies for Day Services - ln Home Care0465-01-02-.11 Rate Settin Methodo ies for Clinical Services0465-01-02-.12 Rate Setting Methodologies for and Personal Assistance Services0465-01 -02-.1 3 Rate Settinq Methodoloqies for Dental Services0465-01-02-.14 Rate Setti Methodologies for Personal Emerqencv Resoonse Svstems0465-01 -02-.1 5 Rate Setti M Medical Equipment and Suoolies0465-01 -02-.16 Rate Setti Meth for Environmental Modifications0465-01-02-.17 Rate Setti Meth Services0465-01 -02-.1 8 Rate Setti Meth ies for lnde dent Support Coordination

1-02-.19 Rate Setting Methodolog ies for Services Funded Exclusively by the State [Non-Waiver,fllwsF) Services

RDA 16932

Slate Funded


Place substance of rules and other info here. Statutory authority must be given for each rule change. Forinformation on formatting rules go tohttps://sos.tn.gov/productsidivision-publications/rulemakinq-guidelines.

CHAPTER 0465-01-02METHODOLOGY UTILIZED TO DETERMINE PAYMENTS

TO SERVTCE pROVtDERS (RATE STRUCTURE)

Amendments

The existing Chapter 0465-01-02 Methodology Utilized to Determine Payments to Service Providers (RateStructure) is amended by deleting it in its entirety, including the Table of Contents, but not the Chapter Title, andreplacing it with the following:

New Table of Contents

0465-01 -02-.01 Purpose0465-01-02-.02 Scope0465-01 -02-.03 Definitions0465-01-02-.04 Rate Setting Methodologies for Medical, Residential Services0465-01-02-.05 Rate Setting Methodologies for Residential and Supported Living Services0465-01-02-.06 Rate Setting Methodologies for Semi-lndependent Living Services0465-01 -02-.07 Special Needs Adjustments0465-01-02-.08 Value-Based Rate Setting Methodologies for Supported Employment - lndividual Exploration0465-01-02-.09 Value-Based Rate Setting Methodologies for Supported Employment - lndividual Discovery0465-01-02-.10 Value-Based Rate Setting Methodologies for Supported Employment - lndividualJobDevelopment0465-01-02-.11 Value-Based Rate Setting Methodologies for Supported Employment - lndividual Job Coaching0465-01-02-.12 Value-Based Rate Setting Methodologies for Supported Employment -SmallGroup0465-01-02-.13 Rate Setting Methodologies for Community Participation Supports0465-01-02-.14 Rate Setting Methodologies for lntermittent Employment and Community ParticipationWraparound0465-01-02-.15 Rate Setting Methodologies for Facility-Based Day Supports0465-01-02-.16 Rate Setting Methodologies for Residentialspecial Needs Adjustment-Homebound and Non-Residential Homebound Support Services0465-01-02-.17 Rate Setting Methodologies for Clinicat Services0465-01-02-.18 Rate Setting Methodologies for Respite and PersonalAssistance Services0465-01-02-.19 Rate Setting Methodologies for Dental Services0465-01-02-.20 Rate Setting Methodologies for Personal Emergency Response Systems0465-01-02-.21 Rate Setting Methodologies for Specialized Medical Equipment and Supplies0465-01-02- .22 Rate Setting Methodologies for Environmental Modifications0465-01-02-.23 Rate Setting Methodologies for lndependent Support Coordination Services0465-01-02-.24 Rate Setting Methodologies for Services Funded Exclusively by the State INon-Waiver, StateFunded (NWSF) Servicesl

0465-01 -02-.01 PURPOSE

(1) This chapter establishes a rate setting methodology for Residential Day and other Services thatare provided through the Department of lntellectual and Developmental Disabilities.

Authority: T.C.A. SS 4-3-2701 , 4-3-2707,4-5-201 et.seq., 33-1-201,33-1-202,33-1-203 (1) and (6), 33-1-204,33-1-301,33-1-302 (a)(3) and (aX4),33-1-303 (3) and (11),33-1-304,33-1-305 (1), and;33-1-309 (d).Administrative History: Original rule filed December 12,2013; effective March 12,2014.

0465-01-02-.02 SCOPE.

(1) All of the rate methodologies used to determine payments to service providers set forth in theserules are subject to the availability of appropriations established in the TennCare budget for homeand community based services provided under the State's approved HCBS waivers for individualswith intellectual disabilities and may be adjusted by the Department or by TennCare as necessaryto assure that expenditures for these services are within and do not exceed the budgeted amount

SS-7037 (October 2018) RDA31693

for waiver services that year; and also the provisions of Title 33 and 34 of the Tennessee CodeAnnotated; and, Executive Orders of the State of Tennessee Nos. 9, 10,21 and 23, dated February7, 1996, October 14, 1996, July 29, 1999 and October 19, 1999, respectively, and Executive OrderNo. 28, dated June 19,2013, which established the Tennessee Employment First lnitiative whichdirects state agencies to "coordinate to increase opportunities for integrated and competitiveemployment for individuals with intellectual and developmental disabilities."

Authority: T.C.A. SS 4-3-2701 , 4-3-2707 , 4-4-103, 4-5-201 et seq., 33-1-201 , 33-1-202,33-1-203 (1) and (6), 33-1-204,33-1-301,33-1-302 (a)(3) and (aX4),33-1-303 (3) and (11),33-1-304,33-1-305 (1), and 33-1-309 (d).Administrative History: Original rule filed December 12,2013; effective March 12,2014.

0465-01 -02-.03 DEFr N tTtONS.

(1) As used in these rules:

"Administrative Costs" are the allowable percentage of the service rate that includes, forexample, the costs for administrative salaries and benefits, home office costs, officesupplies and printing, phone and other communication, travel and conference, advertising,professional services, licensure and dues, legal and accounting fees, interest,depreciation, occupancy, general liability insurance, equipment and administrativevehicles.

(b) "Costs" are estimated calculations of the average expense incurred by a provider in 20O4based on information available at that time and are not intended to fully account for everyexpense that may have been incurred by any particular provider at or since that time indelivering a waiver service. Costs will be reviewed on a periodic basis based oninformation provided in Uniform Cost Reports and may be adjusted as determined by DIDDand TennCare, subject to the availability of funding in each year's Appropriation Bill.

"Direct Service Costs" are the costs for direct service such as staff salaries and benefits,overtime, direct supervision wages and benefits, contracted direct service/temporary help,training, recruiting/advertising, drug testing, background checks, Hepatitis B and TB tests,and other costs for direct service staff bonuses and employee appreciation events.

(c)

(d) "Full Time Equivalent (FTE)' means the total cost for one direct support staff for forty hours.It includes direct service costs, non-direct program costs, administrative costs, and twenty(20) annual days of payment to cover service recipient absences.

"Non-Direct Program Costs" is the allowable percentage of the service rate that includesthe costs for multi-site supervisors and benefits, training, off site computer/file storage,depreciation/amortization, internal monitoring, agency case management, personal fundsmanagement, healthcare oversight, specific assistance to individuals-room and board,specific assistance to individuals-non-room and board, transportation of individuals, stafftravel, facility maintenance, facility supplies, habi litation supplies.

"Rate" is the amount paid per person to approved service providers for each unit of a DIDDservice that is provided. A rate unit may be a portion of an hour, a day, a month, an itemor a job, depending on the type of service.

"Rate Levels" are the series of rates for residential, day and other services that are basedon a service recipient's needs and the size or site of the service setting.

(e)

(g)

(h) "Rate Level Factor" is the multiplier applied to the FTE daily cost that reflects intensity ofsupport need and number of persons receiving supports. Rate level factors were based onlicensure requirements for staffing and professionaljudgment of estimated hours of directsupport staff assistance required for individuals at each rate level.

(i) "Rate Setting Methodology" is the manner in which the rates for residential, day and otherservices are calculated or determined.

RDA 16934

(a)

(0


"Special Needs Adjustment" is an additional payment that may, within the discretion of theDepartment and subject to resource availability, be added to the residential rate for anindividual in appropriate circumstances, e.g. periodic crisis that require additional support.

(k) "Uniform Cost Report" is a report relating to costs and/or operating expenses/revenuescompleted by providers that is submitted as required by the Department of lntellectualDisabilities Services. The Uniform Cost Report is completed and transmitted in themanner, format and timeframe required by the Department.

Authority: T.C.A. SS 4-3-2701 , 4-3-2707, 4-4-103,4-5-201et seq., 33-1-201,33-1-202,33-1-203 (1) and (6), 33-1-204,33-1-301, 33-1-302 (aX3) and (a)(4), 33-1-303 (3) and (11), 33-1-304, 33-1-305 (1), and 33-1-309 (d).Administrative History: Original rule filed December 12,2013; effective March 12,2014.

0465-01-02..04 RATE SETTING METHODOLOGIES FOR MEDICAL, RESIDENTIAL SERVICES.

(1) Medical Residential Services.

(a) For residential services that are shift-staffed, staff coverage is calculated as follows:

1. 168 hours per week - 7 days at 24 hours per day.

2. The unit of service for these residential services is a day.

(b) The calculation of the daily cost per person for a Full Time Equivalent (FTE) is:

Allowable Hourly direct support staff wages plus % for benefits for the hourly costfor direct support staff.

Annual allowable salary for direct supervision plus % for benefits divided by fourresidents equals the cost per person per year.

Divide the cost per person per year by 52 weeks and by 168 hours to arrive at thehourly cost for supervision.

4

5

Add together the hourly cost for direct support staff and the hourly cost forsupervision.

Multiply the result from Step four by one and the % allowed for non-direct programcosts.

Multiply the result from Step five by one and the % allowed for administrative coststo arrive at the hourly cost for coverage.

Multiply the hourly cost for an FTE by 168 hours to arrive at the weekly cost forcoverage.

(c)

8. Divide the weekly cost by 7 days to arrive at the daily cost for coverage.

9. Divide the daily cost by allowable FTEs to arrive at the daily FTE cost per person

Calculation for the daily rate per person is:

For each Rate Level and Home Size, multiply the daily per person FTE cost by therate levelfactor.

Divide the result of Step one by the facility size.

Multiply the result of Step two by 385 (to allow for 20 absent days).

Divide the result of Step three by 365 to arrive at the daily rate.

RDAs1693

0)

2.

3.

6

7

2.

3.

4.


Authority: T.C.A. SS 4-3-2701 , 4-3-2707 , 4-4-103, 4-5-201 et seq., 33-1-201 , 33-1-202,33-1-203 (1) and (6), 33-1-204,33-1-301, 33-1-302 (aX3) and (a)(4), 33-1-303 (3) and (11), 33-1-304, 33-1-305 ('1), and 33-1-309 (d).Administrative History: Original rule filed December 12,2013; effective March 12,2014.

0465-01-02-.05 RATE SETTING METHODOLOGIES FOR RESIDENTIAL AND SUPPORTED LIVING SERVICES

(1) Residential Habilitation and Supported Living (Shift-Staffed) Modet.

(a) For residential services that are shift-staffed, staff coverage is calculated as follows

1 138 hours per week - 5 days at 18 hours per day and 2 days at 24 hours per dayis equal to one week.

1

6

2. The unit of service for these residential services is a day

(b) The calculation of the daily cost per person for a Full Time Equivalent (FTE) is

Hourly direct support staff wages plus % for benefits for the hourly cost for directsupport staff.

4

2

3

Add together the hourly cost for direct support staff and the hourly cost forsupervision.

Annual salary for direct supervision plus % for benefits divided by four residentsequals the cost per person per year.

Divide the cost per person per year by 52 weeks and by 138 hours to arrive at thehourly cost for supervision.

5 Multiply the result from Step four by one and the % allowed for non-direct programcosts.

Multiply the result from Step five by one and the % allowed for administrative coststo arrive at the hourly cost for coverage.

Multiply the hourly cost for an FTE by 138 hours to arrive at the weekly cost forcoverage.

B. Divide the weekly cost by 7 days to arrive at the daily cost for coverage.

9. Divide the daily cost by allowable FTEs to arrive at the daily FTE cost per person.

(c) Calculation for the daily rate per person is:

1. For each Rate Level and Home Size, multiply the daily per person FTE cost by therate levelfactor.

2. Divide the result of Step one by the facility size.

3. Multiply the result of Step two by 385 (to attow for 20 absent days).

4. Divide the result of Step three by 365 to arrive at the daily rate.

Supported Living-Companion Model.

(a) For non-shift staffed, companion model the unit of service is a day. The calculations areas follows:

(b) Calculate the daily rate per person.

6.

7

(2)

SS-7037 (October 2018) RDA 693

1. Multiply the annual stipend by one and the % for benefits.

2. Add the companion room and board allowance.

3' Add the number of hours per year at the hourly rate for relief staff divided by 365days.

4. Add costs in steps one through three.

5. Multiply the result of step four by one and the % for non-direct program costs.

6. Multiply the result of step five by one and the % for administrative costs.

7. Divide the resutt of step six by 365.

B. Multiply the resutt of step seven by 385 (to allow for 20 absent days).

9. Divide the resutt of step eight by 365 to arrive at the daily rate.

(3) Family Model for Residential Services.

(a) Family Model Residential Services are those provided in a family home under thesupervision of a residential services agency. The unit of service is a dly.

(b) Calculate the daily rate per person.

1. Multiply the annual stipend by one and the % for benefits.

2. Add the number of hours per year at the hourly rate for relief staff divided by 365days.

3. Add direct supervision at annual salary plus % for benefits divided by 10 individualsdivided by 365 days.

4. Add costs in steps 1 through 3 above.

5. Multiply the result of step four by one and the percent for non-direct program costs.

6. Multiply the result of step five by one and the percent for administrative costs.

7. Divide the result of step six by 365 days.

8. Multiply the result of step seven by 385 days (to allow for 20 absent days).

9. Divide the result of step eight by 365 days to arrive at the daily rate.

Authority: T.C.A. SS4-3-2701 ,4-3-2707,4-4-103,4-5-201etseq., 33-1-201,39-1-202,33-1-203 (1) and (6),33-1-204,33-1-301, 33-1-302 (aX3) and (a)(4), 33-1-303 (3) and (11), 33-1-304, 33-1-'305 (1), and $-1:309 (d)Administrative History: Original rule filed December 12,2013; effective March 12,2014.

0465-01.02-.06 RATE SETTING METHODOLOGIES FOR SEMI-INDEPENDENT LIVING SERVICES.

(1) Calculation for Semi-lndependent Living Services is:

(a) The unit of service for these residential services is a day.

(b) The rate is calculated on a monthly basis. For purposes of billing, the monthly rate isconverted to a per diem amount. The per diem rate will be billed for each day of the monththat the person is enrolled in the services, regardless of whether any direct aisistance wasprovided that day.

RDA 16937


(c) The rate is calculated using the following factors

1. Average monthly hours, inclusive of on-call services,

2. PA quarter hour reimbursement rate;

3. Transportation cost.

(d) Semi-lndependent Living lncentive: is a one-time payment of $2,500 per individual perprovider. The individual must have transitioned directly into Semi-lndependent Living froma twenty-four hour residential service following at least thirty consecutive paid residentialdays. The individual must then participate in Semi-lndependent Living for six (6)consecutive months immediately following the transition to be eligible for the incentivepayment.

(e) Semi-lndependent Living Transition Rate: is double that of the semi-independent livingdaily rate and limited to individuals who require additional hours of support during thegefod immediately following transition. This rate is only available for up to thirty daysfollowing the initial transition from a twenty-four hour residential service to Semi-lndependent Living and requires thirty consecutive paid residential days immediately priorand adjacent to the claim for the transition rate.

Authority:T.C.A.SS4-3-2701 ,4-3-2707,4-4-103,4-5-201etseq.,33-1-201,33-1-202,33-1-203(1)and(6),33-1-204,33-1-301, 33-1-30_2 (a)(3) and (aX4), 33-1-303 (3) and (11), 33-1-304, 33-1-305 (1), and 33-1-3'09 (d)Administrative History: Originalrule filed December 12,2013; effective March 12,2014.

0465-01 -02-.07 SPECIAL NEEDS ADJUSTMENTS.

(1) An adjustment up to an additionat thirty-five dollars ($35.00) per day is availabte toResidential Habilitation and Supported Living Levels 1-4,for homes with 1-4 persons.

(2) An adjustment of twenty dollars ($20.00) per day is avaitable to Residential Habilitationhomes with 5 or more people except for reasons of a vacancy in the home.

(3) This adjustment may be used for additional staff coverage or higher wages for staff.

(4) A special needs adjustment does not change the rate level designated for the individual,but adjusts the rate level as a result of one or more of the following circumstances:

(a) The individual has a history of significant behavioral or psychiatric problems suchas DSM-V diagnosis, violent acting out, serious self-injury or danger to others thatare now not apparent due to the design or intensity of services being received orthe person has a situation that is unique and results in the need for additionalresources.

(b) Less intensive services will likely result in recurrence of previous problems. TheRegional office must review the special adjustment at least annually.

(c) The individual is in circumstances that are time limited but that require support(s)at a higher level than described by the Level. (For example, the person has had aserious illness, injury, or surgery that requires more support while he is recoveringthan the Level describes.) A special adjustment may be approved for up to ninety(90) days and may be extended for an additionat ninety (90) days.

Authority: T.C.A. SS 4-3-2701 , 4-3-2707, 4-4-103, 4-5-201 et seq., 33-1-201,33-1-202,33-1-203 (1) and (6), 33-1-204,33-1-301,33-1-302 (a)(3) and (aX4),33-1-303 (3) and (11),33-1-304,33-1-305 (1), and 33-1-3'09 (d)Administrative History: Original rule filed December 12,2013; effective March 12,2014.

0465.01-02-.08 VALUE-BASED RATE SETTING METHODOLOGY FOR SUPPORTED EMPLOYMENT -I N DIVI DUAL EXPLORATION.

RDA 1693ISS-7037 (October 2018)

(1) Supported employment-individualexploration is paid for on an outcome basis.

(2) The unit is "each" and includes all of the service required to deliver the expected outcome.

(3) The outcome-based rate is calculated using the following factors:

(a) Average cost of job coach hour of service, including these component costs:

1. DSP reimbursement rate;

2. Employee-related expenses;

3. Administrative costs;

4. Productivity assumptions; and

5. Travelcosts;

(b) A value-based incentive of $4.30/hour above actual cost (rate model) to reward provisionof services expected to result in the person identifying a goal of competitive integratedemployment,

(c) Average number of job coach hours required to complete service; and

(d) Billable service adjustment for percentage of waiver participants that do not complete theservice due to reasons beyond the purview of the provider's control.

Authority: T.C.A. SS 4-3-2701 , 4-3-2707 , 4-4-103, 4-5-201 et seq., 33-1-201 , 33-1-202,33-1-203 ('t) and (6), 33-1-204,33-1-301,33-1-302 (a)(3) and (a)(4),33-1-303 (3) and (11),33-1-304,33-1-305 (1), and 33-1-309 (d)Administrative History: Original rule filed December 12,2013; effective March 12,2014.

0465-01-02-.09 VALUE-BASED RATE SETTING METHODOLOGY FOR SUPPORTED EMPLOYMENT -INDIVIDUAL DISCOVERY.

(1) Supported employment-individualdiscovery is paid for on an outcome basis.



(a) Average cost of job developer hour of service, including these component costs:


2. Adjustment of $2.75lhour to increase DSp reimbursement rate to account foradditional qualifications required for discovery;




6. Travelcosts;

(b) Average number of job developer hours required to complete service; and

(c) Billable service adjustment for percentage of waiver participants that do not complete theservice due to reasons beyond the purview of the provider's control.

Authority: T.C.A. SS 4-3-2701 , 4-3-2707, 4-4-103,4-5-201et seq., 33-1-201 ,33-1-202,33-1-203 (1) and (6), 33-1-

SS-7037 (October2018) RDA91693

204,33-1-30'1, 33-1-30_2 (a)(3) and (aX4), 33-1-303 (3) and (11), 33-1-304, 33-1-305 (1), and 33-1-309 (d).Administrative History: Original rule filed December 12,2013; effective March 12,2014.

0465-01-02-.10 VALUE.BASED RATE SETTING METHODOLOGY FOR SUPPORTED EMPLOYMENT -INDIVIDUAL JOB DEVELOPMENT.

(1) Supported employment-individual job development is paid for on an outcome basis.



(a) Average cost of job developer hour of service, including these component costs:


2. Adjustment of $2.75lhour to increase DSP reimbursement rate to account foradditional qualifications required for job developer;




6. Travelcosts;

(b) Rate level factor based on average numberof job developer hours required to completeservice and secure outcome adjusted for intensity of support needs of the individual; and

(c) Billable service adjustment for percentage of waiver participants that do not complete theservice due to reasons beyond the purview of the provider's control.

A_uthority:T.C.A. SS4-3-2701 ,4-3-2707,4-4-103,4-5-201etseq., 33-1-201,39-1-202,33-1-203 (1) and (6),33-1-204,33-1-301, 33-1-3q2 (a)(3) and (aX4), 33-1-303 (3) and (11), 33-1-304, 33-1-30b (1), and 33-1-309 (d).Administrative History: Original rule filed December 12,2013; effective March 12,2014.

0465-01-02-.11 VALUE-BASED RATE SETTING METHODOLOGY FOR SUPPORTED EMPLOYMENT -INDIVIDUAL JOB COACHI NG.

(1) Supported employment-individual job coaching is reimbursed on a fee-for-service basis.

(2) The unit of service is 15 minutes.

(3) The fee-for-service rate is calculated using the following factors:

(a) Average cost of job coach hour of service divided by four (4), including these componentcosts:

(b)





4. Productivity assumptions, including projected average waiver participant absenteerate of 12 percent; and

5. Travel cost; and

A value-based incentive of $3/hour above actual cost (rate model) to reward the provision

RDA 169310

of services to support individual success in competitive, integrated employment - so longas fading expectations are met (see below);

(c) Value-based adjustments beginning six months after initiation of individualjob coaching toincentivize fading of supports, based on a combination of: the intensity of support needs ofthe individual, the length of time the individual has held the current job or self-employmentposition, and the effectiveness of job coaching supports as demonstrated by fadingachieved.

(4) Additionally, where an individual has a need for job coaching that is equalto or less than one hourper week, a monthly "Stabilization and Monitoring" payment will be used to encourage ongoing,effective monitoring of the waiver participant's employment situations, with minimum monthlycontact requirements that will allow for prevention of otherurrise avoidable job losses or reductionsin work hours.

(a) Quality Payment for Hours Worked Milestone under Supported Employment -lndividualEmployment Support: Payment earned and paid for additional/atypical effort of providerthat results in a waiver participant working in competitive integrated employment achievingabove average hours worked in a six-month period. There are two quality payment levelsavailable:

The base tier payment is $1,500 and is made based on the waiver participantworking in competitive integrated employment between three-hundred ninety (390)and five-hundred nineteen (519) hours in the priorsix (6) calendar month period.This is average hourly employment that is at least 15 but less than 20 hoursiweek.

The top tier payment is $2,000 and is made based on the waiver participantworking five-hundred and twenty (520) or more hours in the prior six (6) calendarmonth period. This is average hourly employment that is 20 hoursiweek or more.

(b) A provider may earn the quality payment up to twice ayeat

Authority: T.C.A. SS 4-3-2701 , 4-3-2707 , 4-4-103, 4-5-201 et seq., 33-1-201 , 33-1-202,33-1-203 (1) and (6), 33-1-204,33-1-301,33-1-302 (aX3) and (a)(4),33-1-303 (3) and (11),33-1-304,33-1-305 (1), and 33-1-309 (d).Administrative History: Original rule filed December 12,2013; effective March 12,2014.

0465-01-02.12 VALUE.BASED RATE SETTING METHODOLOGY FOR SUPPORTED EMPLOYMENT -SMALLGROUP.

1

2.

(1)

(2)

(3)

Supported employment-small group is reimbursed on a fee-for-service basis.

The unit of service is 15 minutes.

The fee-for-service rate is calculated using the following factors:

(a) Average cost of job coach hour of service divided by four (4), including these componentcosts:




4. Productivity assumptions, including projected average waiver participant absenteerate of 8.23 percent; and

5. Travelcosts;

(b) Participant transportation cost per unit per person;

RDA 1693SS-7037 (October 2018)11

(c) Administrative adjustment based on the number of waiver participants in the small groupand the expected job coachto-waiver participant staffing ratio; and

(d) Value-based adjustment to incentivize smaller group size.

Authority: T.C.A. SS 4-3-2701 , 4-3-2707 , 4-4-103, 4-5-201 et seq., 33-1-201, 33-1-202,33-1-203 (1) and (6), 33-1-204,33-1-301,33-1-302 (a)(3) and (a)(4),33-1-303 (3) and (11),33-1-304,33-1-305 (1), and 33-1-309 (d)Administrative History: Originalrule filed December 12,2013; effective March 12,2014.

0465-01-02-.13 RATE SETTING METHODOLOGY FOR COMMUNITY PARTICIPATION SUPPORTS

(1) Community participation supports are reimbursed on a fee-for-service basis.



(a) DSP reimbursement rate.

(b) Non-direct program costs;

(c) Administrative costs;

(d) Transportation costs per unit per person;

(e) Projected average waiver participant absentee rate of 8.23 percent; and

(f) Rate Level Factor as defined in 0465-01-02-.03.

Authority: T.C.A. SS 4-3-2701 , 4-3-2707, 4-4-103,4-5-201 et seq., 33-1-201,33-1-202,33-1-203 (1) and (6), 33-1-204,33-1-301,33-1-302 (aX3) and (a)(4),33-1-303 (3) and (11),33-1-304,33-1-305 (1), and 33-i-309 (d)Administrative History: Original rule filed December 12,2013; effective March 12,2014.

0465-01.02-.14 RATE SETTING METHODOLOGY FOR INTERMITTENT EMPLOYMENT AND COMMUNITYPARTICI PATION WRAPAROUND.

(1) lntermittent employment and community participation wraparound services are reimbursed on afee-for-service basis.



(a) DSP reimbursement rate;


(c) Administrative costs,

(d) Projected average waiver participant absentee rate of 8.23 percent; and

(e) Rate Level Factor as defined in 0465-01-02-.03.

(0 This service is provided in a waiver participant's home and has no transportation costincluded.

Authority: T.C.A. SS 4-3-2701 , 4-3-2707,4-4-103,4-5-201et seq., 33-1-201 ,33-1-202,33-1-203 (1) and (6), 33-1-204, 33-1-301, 33-1-302 (aX3) and (a)(a), 33-1-303 (3) and (11), 33-1-304, 33-1-305 (1), and 33-1-309 (d).Administrative History: Original rule filed December 12,2013; effective March 12,2014.

0465-01-02-.15 RATE SETTING METHODOLOGY FOR FACILITY-BASED DAY SUPPORTS

SS-7037 (October 2018) RDA121693

Facility-based day supports are reimbursed on a fee-for-service basis.

The unit of service is 15 minutes.

The fee-for-service rate is calculated using the following factors:

(a) DSP reimbursement rate;



(d) Transportation costs per unit per person;

(e) Projected average waiver participant absentee rate of g.23 percent; and

(f) Rate Level Factor as defined in 0465-01-02-.03.

Authority: T c A ss 4-3-2701 , 4-3-2707 , 4-4-103, 4-5-201 et seq., 33-1-201 , 33-1-2O2,33-1-203 (1) and (6), 33-1-204' 33-1-301, 33-1-302 (aX3) and (a)(4), 33-1-303 (3) and itt), gg-t-304, 33-1-305 (1), and 33-1-309 (d).Administrative History: Original rule filed December 12,2013; effbctive March 12,2014.

0465-01.02-.16 RATE SETTING METHODOLOGY FOR RESIDENTIAL SPECIAL NEEDS ADJUSTMENT-HOMEBOUND AND NON-RESIDENTIAL HOMEBOUND SUPPORT SERVICES.

(1) Residential special needs adjustment-homebound and non-residential homebound support serviceare reimbursed on a fee-for-service basis.

(2) The unit of service is a day, constituting staff coverage for 6 hours each day.


(a) DSp reimbursement rate;

(b) Non-direct program costs at the allowable percentage;


(d) Pro.lected average waiver participant absentee rate percentage based on 20 leave daysper year; and

(e) Rate levelfactor as defined in 0465_01_02_.03.

(0 This setting is provided in a waiver participant's home and has no transportation costincluded.

Authority: TCA SS4-3-2701 ,4-3-2707,4-4-1^0_3,,4_-?:201etseq.,33-1-201,23-1-202,33-1-203(1)and(6),33-1-204,33-1-301, 33-1-302 (aX3) and (a)(4), 33-1-303 (3) and itty, ss-t-sg4, 33-1-'305 (1), and 33-1-309 (d).Administrative History: Original rule filed December 12,2013; effbctive March 12,2014.

0465-01-02-.17 RATE SETTING METHODOLOGIES FOR CLINICAL SERVICES.

(1) The unit for therapy and nursing services is a quarter hour.

(2) The Unit for behavioral services is one quarter (114) of an hour.

(3) The rate for clinical services is based on comparison with national rates of payment andcomparable rates of payment within the state for like services.

Authority: T.C.A. SS 33-1-309 (d); 33-1-204; Executive Orders of the State of Tennessee Nos. g,10,21& 34 dated

SS-7037 (October2018) RDA 1693

(1)

(2)

(3)

13

February 7, 1996, October 14, 1996, July 29, 1999, and October 19, 1999 respectivety; State of TennesseeDelegated Purchase Authority DP 10-28649-00 Reg. 515; T.c.A. ss 33-1-302 & 303, +-s-zoa et seq. and its3gp[cable regulations concerning emergency rules; and, the "Reimbursement Rate" for Medical Services underDIDD_federal waiver(s) for provision of services as administered by Tenn6are. Administrative History: Original rulefiled December 12,2013; effective March 12,2014.

0465-01-02-.18 RATE SETTING METHODOLOGIES FOR RESPITEAND PERSONALASSISTANCE SERVICES.

(1) The unit for respite and personal assistance services may be one quarter (114) of an hour or dailyrates as determined by DIDD.

(2) The determination of rates in this section (.18) is calculated based on units of one quarter (114) ofan hour for one (1) staff person or of one day of allowable direct service costs for one (i) siaffperson and a percentage of administrative costs. Reimbursement for two (2) staff to deliverservices to one (1) service recipient at the same time is not covered under any ciicumstances.

(3) There will be one (1) maximum rate for one-quarter (A) of an hour of personalAssistance.

(4) There will be one (1) maximum rate for one-quarter fla) of an hour of Respite services.

Authority: T.C.A. SS4-3-2701 ,4-3-2707,4-4-1_03,4-5-201etseq., g3-1-201,33-1-202,33-1-203 (1) and (6),33-1-204' 33-1-301, 33-1-302 (aX3) and (a)(4), 33-1-303 (3) and (11), 33-1-304, 33-1-30S (r), anO 33-1:3d9 (d)Administrative History: Original rule filed December 12,2013; effective March 12,2014.

0465-01.02-.19 RATE SETTING METHODOLOGIES FOR DENTAL SERVICES.

(1) Dental Services rates are those set by TennCare for reimbursement of Medicaid funded dentalcare.

Authority: T.C.A. SS4-3-2701 ,4-3-2707,4-4-1_03,4-?2O1etseq., 33-1-ZO1,J3-1-202,33-1-203 (1) and (6),33-1-204,33-1-301,33-1-302 (aX3) and (a)(4),33-1-303 (3) and itty, ss-t-sg4, 33-1-'30s (r), and 33-1:309 (d).Administrative History: Original rule filed December 12,2013; effective March 12,2014.

0465-01-02-.20 RATE SETTING METHODOLOGIES FOR PERSONAL EMERGENCY RESPONSE SYSTEMS.

(1) Rates paid are the usual and customary rates for installation and monitoring set by the companyproviding the service.

Authority: T.C.A. SS 4-3-2701 , 4-3-2707, 4-4-10_3,4-5 2O1et seq., g3-1-201,33-1-202,33-1-203 (1) and (6), 33-1-204,33-1-301,33-1-302 (aX3) and (a)(4),33-1-303 (3) and (tt1, se-t-sg4,33-1-'30s (1), and 33-1:3d9 (d)Administrative History: Original rule filed December 12,2013; effective March 12,2014.

0465-01-02-.21SUPPLIES.

RATE SETTING METHODOLOGIES FOR SPECIALIZED MEDICAL EQUIPMENT AND

(1) Rates paid are the usual and customary costs for the equipment or supplies.

Authority: T.C.A. SS 4-3-2701 , 4-3-2707, 4-4-1-03,4-5-201et seq., 33-1-201,33-1-202,33-1-203 (1) and (6), 33-1-204,33-1-301,33-1-302 (aX3) and (a)(4),33-1-303 (3) and (tty, ae-t-eg4, 33-1-'30s (1), anci 33-1-309 (d)Administrative History: Original rule filed December 12,2013; effective March 12,2014.

0465-01-02-.22 RATE SETTING METHODOLOGIES FOR ENVIRONMENTAL MODIFICATIONS.

(1) Rates paid are the usual and customary costs for the modification.

Authority: T.C.A. SS 33-1-309 (d); 33-1-204; Executive Orders of the State of Tennessee Nos. g,10,21& 34 datedFebruary 7, 1996, October 14, 1996, July 29, 1999, and October 19, 1999 respectivety; Siate of TennesseeDelegated PurchaseAuthority DP 10-28649:00 R9g 515; SS 33-1-302 & 303, 4-s:-2OB etleq. and its appticabteregulations- concerning emergency rules; and the "Reimbursement Rate" for Medical Services under DIDD'federalwaive(s) for provision of services as administered by TennCare. Administrative History: Original rule filedDecember 12,2013; effective March 12.2014.

SS-7037 (October2018) nDA141693

0465-01-02-.23 RATE SETTINGSERVICES.

METHODOLOGIES FOR INDEPENDENT SUPPORT COORDINATION

(1) Current rates were derived after consideration of provider input, resource availability as well assystem service requirements. Future changes in amounts paid for this service will be made utilizingsuch tools as: consultation with stake-holders (e g lndependent Support Coordinatorqlndependent Support Coordination Agencies/Organizations), rwiew of simiiar services in otherstates, market conditions, and system needs.

Authority: T C A SS 4-3-2701 , 4-3-2707, 4-4-103,4-5.201et seq., 33-1-201 ,93-1-202,33-1-203 (1) and (6), 33-1-204,33-1-301, 33-1-302 (aX3) and (a)(4), 33-1-303 (3) and (11), 33-1-304, 33-1-'30s (1), anci 33-1:3d9 (d)Administrative History: Original rule filed December 12,2013; effective March j2,2014.

0465-01-02-.24 RATE SETTING METHODOLOGIES FOR SERVICES FUNDED EXCLUSIVELY BY THE STATEINON-WAIVER; STATE FUNDED (NWSF) SERV|CESI.

(1) Rates paid are discretionary 1nd based upon Service Recipient need, limited by system and servicerequirements and subject to DIDD funding and resource availability.

Authority: T.C.A. SS 4-3-2701 , 4-3-2707, 4-4-1-03,4-5-201et seq., 33-1-201, i3-i-202,33-1-203 (1) and (6), 33-1-204,33-1-301, 33-1-302 (aX3) and (a)(4), 33-1-303 (3) and (tt1, ae-t-sg4, 33-1-'305 (1), anci 33-1:309 (d)Administrative History: Original rule filed December 12,2013; effective March 12,2014.

SS-7037 (October 2018) RDA15

1693

I certify that the information included in this filing is an accurate and complete representation of the intent andscope of rulemaking proposed by the agency.

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