Minnesota Legislature
HF 1157
1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/02/2013 12:18pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 03/04/2013 | |
| 1st Engrossment | Posted on 04/02/2013 |
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A bill for an act
relating to human services; modifying medical assistance provisions related
to quality assurance; amending Minnesota Statutes 2012, sections 256B.095;
256B.0951, subdivisions 1, 4; 256B.0952, subdivisions 1, 5; 256B.097,
subdivisions 1, 3; repealing Minnesota Statutes 2012, section 256B.096,
subdivisions 1, 2, 3, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 256B.095, is amended to read:
256B.095 QUALITY ASSURANCE SYSTEM ESTABLISHED.
(a) Effective July 1, 1998, a quality assurance system for persons with developmental
disabilities, which includes an alternative quality assurance licensing system for programs,
is established in Dodge, Fillmore, Freeborn, Goodhue, Houston, Mower, Olmsted, Rice,
Steele, Wabasha, and Winona Counties for the purpose of improving the quality of
services provided to persons with developmental disabilities. A county, at its option, may
choose to have all programs for persons with developmental disabilities located within
the county licensed under chapter 245A using standards determined under the alternative
quality assurance licensing system or may continue regulation of these programs under the
licensing system operated by the commissioner. deleted text begin The project expires on June 30, 2014.
deleted text end
(b) Effective July 1, 2003, a county not listed in paragraph (a) may apply to
participate in the quality assurance system established under paragraph (a). The
commission established under section 256B.0951 may, at its option, allow additional
counties to participate in the system.
(c) Effective July 1, 2003, any county or group of counties not listed in paragraph (a)
may establish a quality assurance system under this section. A new system established
under this section shall have the same rights and duties as the system established
under paragraph (a). A new system shall be governed by a commission under section
256B.0951. The commissioner shall appoint the initial commission members based
on recommendations from advocates, families, service providers, and counties in the
geographic area included in the new system. Counties that choose to participate in a
new system shall have the duties assigned under section 256B.0952. The new system
shall establish a quality assurance process under section 256B.0953. The provisions of
section 256B.0954 shall apply to a new system established under this paragraph. The
commissioner shall delegate authority to a new system established under this paragraph
according to section 256B.0955.
(d) Effective July 1, 2007, the quality assurance system may be expanded to include
programs for persons with disabilities and older adults.
new text begin
(e) Effective July 1, 2013, a provider of service located in a county listed in
paragraph (a) that is a non-opted-in county may opt-in to the quality assurance system
provided the county where services are provided indicates its agreement with a county
with a delegation agreement with the Department of Human Services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2013.
new text end
Sec. 2.
Minnesota Statutes 2012, section 256B.0951, subdivision 1, is amended to read:
Subdivision 1.
Membership.
The Quality Assurance Commission is established.
The commission consists of at least 14 but not more than 21 members as follows: at
least three but not more than five members representing advocacy organizations; at
least three but not more than five members representing consumers, families, and their
legal representatives; at least three but not more than five members representing service
providers; at least three but not more than five members representing counties; and the
commissioner of human services or the commissioner's designee. The first commission
shall establish membership guidelines for the transition and recruitment of membership for
the commission's ongoing existence. Members of the commission who do not receive a
salary or wages from an employer for time spent on commission duties may receive a per
diem payment when performing commission duties and functions. All members may be
reimbursed for expenses related to commission activities. deleted text begin Notwithstanding the provisions
of section 15.059, subdivision 5, the commission expires on June 30, 2014.
deleted text end
Sec. 3.
Minnesota Statutes 2012, section 256B.0951, subdivision 4, is amended to read:
Subd. 4.
Commission's authority to recommend variances of licensing
standards.
The commission may recommend to the commissioners of human services
and health variances from the standards governing licensure of programs for persons with
deleted text begin developmentaldeleted text end disabilities in order to improve the quality of services by implementing
an alternative deleted text begin developmentaldeleted text end disabilities licensing system if the commission determines
that the alternative licensing system does not adversely affect the health or safety of
persons being served by the licensed program nor compromise the qualifications of staff
to provide services.
Sec. 4.
Minnesota Statutes 2012, section 256B.0952, subdivision 1, is amended to read:
Subdivision 1.
Notification.
Counties new text begin or providers new text end shall give notice to the
commission and commissioners of human services and health of intent to join the
alternative quality assurance licensing system. A county new text begin or provider new text end choosing to participate
in the alternative quality assurance licensing system commits to participate for three years.
Sec. 5.
Minnesota Statutes 2012, section 256B.0952, subdivision 5, is amended to read:
Subd. 5.
Quality assurance teams.
Quality assurance teams shall be comprised
of county staff; providers; consumers, families, and their legal representatives; members
of advocacy organizations; and other involved community members. Team members
must satisfactorily complete the training program approved by the commission and must
demonstrate performance-based competency. Team members are not considered to be
county employees for purposes of workers' compensation, unemployment insurance, or
state retirement laws solely on the basis of participation on a quality assurance team. deleted text begin The
county may paydeleted text end A per diem new text begin may be paid new text end to team members for time spent on alternative
quality assurance process matters. All team members may be reimbursed for expenses
related to their participation in the alternative process.
Sec. 6.
Minnesota Statutes 2012, section 256B.097, subdivision 1, is amended to read:
Subdivision 1.
Scope.
(a) In order to improve the quality of services provided to
Minnesotans with disabilities and to meet the requirements of the federally approved home
and community-based waivers under section 1915c of the Social Security Act, a State
Quality Assurance, Quality Improvement, and Licensing System for Minnesotans receiving
disability services is enacted. This system is a partnership between the Department of
Human Services and the State Quality Council established under subdivision 3.
(b) This system is a result of the recommendations from the Department of Human
Services' licensing and alternative quality assurance study mandated under Laws 2005,
First Special Session chapter 4, article 7, section 57, and presented to the legislature
in February 2007.
(c) The disability services eligible under this section include:
(1) the home and community-based services waiver programs for persons with
developmental disabilities under section 256B.092, subdivision 4, or section 256B.49,
including brain injuries and services for those who qualify for nursing facility level of care
or hospital facility level of carenew text begin and any other services licensed under chapter 245Dnew text end ;
(2) home care services under section 256B.0651;
(3) family support grants under section 252.32;
(4) consumer support grants under section 256.476;
(5) semi-independent living services under section 252.275; and
(6) services provided through an intermediate care facility for the developmentally
disabled.
(d) For purposes of this section, the following definitions apply:
(1) "commissioner" means the commissioner of human services;
(2) "council" means the State Quality Council under subdivision 3;
(3) "Quality Assurance Commission" means the commission under section
256B.0951; and
(4) "system" means the State Quality Assurance, Quality Improvement and
Licensing System under this section.
Sec. 7.
Minnesota Statutes 2012, section 256B.097, subdivision 3, is amended to read:
Subd. 3.
State Quality Council.
(a) There is hereby created a State Quality
Council which must define regional quality councils, and carry out a community-based,
person-directed quality review component, and a comprehensive system for effective
incident reporting, investigation, analysis, and follow-up.
(b) By August 1, 2011, the commissioner of human services shall appoint the
members of the initial State Quality Council. Members shall include representatives
from the following groups:
(1) disability service recipients and their family members;
(2) during the first deleted text begin twodeleted text end new text begin fournew text end years of the State Quality Council, there must be at least
three members from the Region 10 stakeholders. As regional quality councils are formed
under subdivision 4, each regional quality council shall appoint one member;
(3) disability service providers;
(4) disability advocacy groups; and
(5) county human services agencies and staff from the Department of Human
Services and Ombudsman for Mental Health and Developmental Disabilities.
(c) Members of the council who do not receive a salary or wages from an employer
for time spent on council duties may receive a per diem payment when performing council
duties and functions.
(d) The State Quality Council shall:
(1) assist the Department of Human Services in fulfilling federally mandated
obligations by monitoring disability service quality and quality assurance and
improvement practices in Minnesota;
(2) establish state quality improvement priorities with methods for achieving results
and provide an annual report to the legislative committees with jurisdiction over policy
and funding of disability services on the outcomes, improvement priorities, and activities
undertaken by the commission during the previous state fiscal year;
(3) identify issues pertaining to financial and personal risk that impede Minnesotans
with disabilities from optimizing choice of community-based services; and
(4) recommend to the chairs and ranking minority members of the legislative
committees with jurisdiction over human services and civil law by January 15, deleted text begin 2013
deleted text end new text begin 2014new text end , statutory and rule changes related to the findings under clause (3) that promote
individualized service and housing choices balanced with appropriate individualized
protection.
(e) The State Quality Council, in partnership with the commissioner, shall:
(1) approve and direct implementation of the community-based, person-directed
system established in this section;
(2) recommend an appropriate method of funding this system, and determine the
feasibility of the use of Medicaid, licensing fees, as well as other possible funding options;
(3) approve measurable outcomes in the areas of health and safety, consumer
evaluation, education and training, providers, and systems;
(4) establish variable licensure periods not to exceed three years based on outcomes
achieved; and
(5) in cooperation with the Quality Assurance Commission, design a transition plan
for licensed providers from Region 10 into the alternative licensing system deleted text begin by July 1, 2013deleted text end .
(f) The State Quality Council shall notify the commissioner of human services that a
facility, program, or service has been reviewed by quality assurance team members under
subdivision 4, paragraph (b), clause (13), and qualifies for a license.
(g) The State Quality Council, in partnership with the commissioner, shall establish
an ongoing review process for the system. The review shall take into account the
comprehensive nature of the system which is designed to evaluate the broad spectrum of
licensed and unlicensed entities that provide services to persons with disabilities. The
review shall address efficiencies and effectiveness of the system.
(h) The State Quality Council may recommend to the commissioner certain
variances from the standards governing licensure of programs for persons with disabilities
in order to improve the quality of services so long as the recommended variances do
not adversely affect the health or safety of persons being served or compromise the
qualifications of staff to provide services.
(i) The safety standards, rights, or procedural protections referenced under
subdivision 2, paragraph (c), shall not be varied. The State Quality Council may make
recommendations to the commissioner or to the legislature in the report required under
paragraph (c) regarding alternatives or modifications to the safety standards, rights, or
procedural protections referenced under subdivision 2, paragraph (c).
(j) The State Quality Council may hire staff to perform the duties assigned in this
subdivision.
Sec. 8. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2012, section 256B.096, subdivisions 1, 2, 3, and 4,
new text end
new text begin
are repealed.
new text end