HF 3055

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/18/2010 11:54am

A bill for an act
relating to human services; making changes to the State-County Results,
Accountability, and Service Delivery Redesign Act; amending Minnesota
Statutes 2009 Supplement, sections 402A.01; 402A.10, subdivision 5; 402A.15;
402A.18; 402A.20; proposing coding for new law in Minnesota Statutes, chapter
402A; repealing Minnesota Statutes 2009 Supplement, sections 402A.30;
402A.45.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2009 Supplement, section 402A.01, is amended to read:

402A.01 CITATION.

Sections 402A.01 to 402A.50 may be cited as the "State-County Results,
Accountability, and Service Delivery deleted text begin Reform deleted text end new text begin Redesign new text end Act."

Sec. 2.

Minnesota Statutes 2009 Supplement, section 402A.10, subdivision 5, is
amended to read:

Subd. 5.

Service delivery authority.

"Service delivery authority" means a single
county, or deleted text begin group deleted text end new text begin consortium new text end of counties operating by execution of a joint powers
agreement under section 471.59 or other contractual agreement, that has voluntarily
chosen by resolution of the county board of commissioners to participate in the redesign
under this chapter new text begin or has been assigned by the commissioner pursuant to section 402A.18 new text end .

Sec. 3.

Minnesota Statutes 2009 Supplement, section 402A.15, is amended to read:

402A.15 STEERING COMMITTEE ON PERFORMANCE AND OUTCOME
REFORMS.

Subdivision 1.

Duties.

(a) The Steering Committee on Performance and Outcome
Reforms shall develop a uniform process to establish and review performance and outcome
standards for all essential human services based on the current level of resources available,
and deleted text begin to deleted text end new text begin shall new text end develop appropriate reporting measures and a uniform accountability process
for responding to a county's or deleted text begin human deleted text end service new text begin delivery new text end authority's failure to make adequate
progress on achieving performance measures. The accountability process shall focus on
the performance measures rather than inflexible implementation requirements.

(b) The steering committee shall:

(1) by November 1, 2009, establish an agreed-upon list of essential services;

(2) by February 15, 2010, develop and recommend to the legislature a uniform,
graduated process, in addition to the remedies identified in section 402A.18, for responding
to a county's failure to make adequate progress on achieving performance measures; and

(3) by December 15, 2012, for each essential service new text begin , new text end make recommendations
to the legislature regarding deleted text begin (1) deleted text end new text begin (i) new text end performance measures and goals based on those
measures for each essential service, deleted text begin (2) deleted text end new text begin and (ii) new text end a system for reporting on the performance
measures and goals deleted text begin , and (3) appropriate resources, including funding, needed to achieve
those performance measures and goals. The resource recommendations shall take into
consideration program demand and the unique differences of local areas in geography and
the populations served. Priority shall be given to services with the greatest variation in
availability and greatest administrative demands deleted text end . By January 15 of each year starting
January 15, 2011, the steering committee shall report its recommendations to the governor
and legislative committees with jurisdiction over health and human services. As part of its
report, the steering committee shall, as appropriate, recommend statutory provisions, rules
and requirements, and reports that should be repealed or eliminated.

(c) As far as possible, the performance measures, reporting system, and funding
shall be consistent across program areas. The development of performance measures shall
consider the manner in which data will be collected and performance will be reported.
The steering committee shall consider state and local administrative costs related to
collecting data and reporting outcomes when developing performance measures. deleted text begin The
steering committee shall correlate the performance measures and goals to available levels
of resources, including state and local funding. deleted text end new text begin The steering committee shall also identify
and incorporate federal performance measures in its recommendations for those program
areas where federal funding is contingent on meeting federal performance standards. new text end The
steering committee shall take into consideration that the goal of implementing changes
to program monitoring and reporting the progress toward achieving outcomes is to
significantly minimize the cost of administrative requirements and to allow funds freed
by reduced administrative expenditures to be used to provide additional services, allow
flexibility in service design and management, and focus energies on achieving program
and client outcomes.

(d) In making its recommendations, the steering committee shall consider input from
the council established in section 402A.20. deleted text begin The steering committee shall review the
measurable goals established in a memorandum of understanding entered into under
section 402A.30, subdivision 2, paragraph (b), and consider whether they may be applied
as statewide performance outcomes.
deleted text end

(e) The steering committee shall form work groups that include persons who provide
or receive essential services and representatives of organizations who advocate on behalf
of those persons.

(f) By December 15, 2009, the steering committee shall establish a three-year
schedule for completion of its work. The schedule shall be published on the Department of
Human Services Web site and reported to the legislative committees with jurisdiction over
health and human services. In addition, the commissioner shall post quarterly updates on
the progress of the steering committee on the Department of Human Services Web site.

Subd. 2.

Composition.

(a) The steering committee shall include:

(1) the commissioner of human services, or designee, and two additional
representatives of the department;

(2) two county commissioners, representative of rural and urban counties, selected
by the Association of Minnesota Counties;

(3) two county directors of human services, representative of rural and urban
counties, selected by the Minnesota Association of County Social Service Administrators;
and

(4) three clients or client advocates representing different populations receiving
services from the Department of Human Services, who are appointed by the commissioner.

(b) The commissioner, or designee, and a county commissioner shall serve as
cochairs of the committee. The committee shall be convened within 60 days of May
15, 2009.

(c) State agency staff shall serve as informational resources and staff to the steering
committee. Statewide county associations may assemble county program data as required.

deleted text begin (d) To promote information sharing and coordination between the steering committee
and council, one of the county representatives from paragraph (a), clause (2), and one of the
county representatives from paragraph (a), clause (3), must also serve as a representative
on the council under section 402A.20, subdivision 1, paragraph (b), clause (5) or (6).
deleted text end

Sec. 4.

Minnesota Statutes 2009 Supplement, section 402A.18, is amended to read:

402A.18 COMMISSIONER POWER TO REMEDY FAILURE TO MEET
PERFORMANCE OUTCOMES.

Subdivision 1.

Underperforming county; specific service.

If the commissioner
determines that a county or service delivery authority is deficient in achieving minimum
performance outcomes for a specific essential service, the commissioner may impose the
following remedies new text begin and adjust state and federal program allocations accordingly new text end :

(1) voluntary incorporation of the administration and operation of the specific
essential service with an existing service delivery authority or another county. A
service delivery authority or county incorporating an underperforming county shall
not be financially liable for the costs associated with remedying performance outcome
deficiencies;

(2) mandatory incorporation of the administration and operation of the specific
essential service with an existing service delivery authority or another county. A
service delivery authority or county incorporating an underperforming county shall
not be financially liable for the costs associated with remedying performance outcome
deficiencies; or

(3) transfer of authority for program administration and operation of the specific
essential service to the commissioner.

Subd. 2.

Underperforming county; more than one-half of deleted text begin service deleted text end new text begin services new text end .

If
the commissioner determines that a county or service delivery authority is deficient in
achieving minimum performance outcomes for more than one-half of the defined essential
deleted text begin service deleted text end new text begin services new text end , the commissioner may impose the following remedies:

(1) voluntary incorporation of the administration and operation of deleted text begin the specific deleted text end
essential deleted text begin service deleted text end new text begin services new text end with an existing service delivery authority or another county.
A service delivery authority or county incorporating an underperforming county shall
not be financially liable for the costs associated with remedying performance outcome
deficiencies;

(2) mandatory incorporation of the administration and operation of deleted text begin the specific deleted text end
essential deleted text begin service deleted text end new text begin services new text end with an existing service delivery authority or another county.
A service delivery authority or county incorporating an underperforming county shall
not be financially liable for the costs associated with remedying performance outcome
deficiencies; or

(3) transfer of authority for program administration and operation of deleted text begin the specific deleted text end
essential deleted text begin service deleted text end new text begin services new text end to the commissioner.

new text begin Subd. 2a. new text end

new text begin Financial responsibility of underperforming county. new text end

new text begin A county subject
to remedies under subdivision 1 or 2 shall provide to the entity assuming administration of
the essential service or essential services the amount of nonfederal and nonstate funding
needed to remedy performance outcome deficiencies.
new text end

Subd. 3.

Conditions prior to imposing remedies.

Before the commissioner may
impose the remedies authorized under this section, the following conditions must be met:

(1) the county or service delivery authority determined by the commissioner
to be deficient in achieving minimum performance outcomes has the opportunity, in
coordination with the council, to develop a program outcome improvement plan. The
program outcome improvement plan must be developed no later than six months from the
date of the deficiency determination; and

(2) the council has conducted an assessment of the program outcome improvement
plan to determine if the county or service delivery authority has made satisfactory
progress toward performance outcomes and has made a recommendation about remedies
to the commissioner. The deleted text begin review deleted text end new text begin assessment new text end and recommendation must be made to the
commissioner within 12 months from the date of the deficiency determination.

Sec. 5.

Minnesota Statutes 2009 Supplement, section 402A.20, is amended to read:

402A.20 COUNCIL.

Subdivision 1.

Council.

(a) The State-County Results, Accountability, and Service
Delivery Redesign Council is established. Appointed council members must be appointed
by their respective agencies, associations, or governmental units by November 1, 2009.
The council shall be cochaired by the commissioner of human services, or designee, and a
county representative from paragraph (b), clause (4) or (5), appointed by the Association
of Minnesota Counties. Recommendations of the council must be approved by a majority
of the new text begin voting new text end council members. The provisions of section 15.059 do not apply to this
council, and this council does not expire.

(b) The council must consist of the following members:

(1) two legislators appointed by the speaker of the house, one from the minority
and one from the majority;

(2) two legislators appointed by the Senate Rules Committee, one from the majority
and one from the minority;

(3) the commissioner of human services, or designee, and three employees from
the department;

(4) two county commissioners appointed by the Association of Minnesota Counties;

(5) two county representatives appointed by the Minnesota Association of County
Social Service Administrators;

(6) one representative appointed by AFSCME deleted text begin as a nonvoting member deleted text end new text begin Council 5 and
one representative appointed by AFSCME Council 65 as nonvoting members new text end ; and

(7) one representative appointed by the Teamsters as a nonvoting member.

(c) Administrative support to the council may be provided by the Association of
Minnesota Counties and affiliates.

(d) Member agencies and associations are responsible for initial and subsequent
appointments to the council.

Subd. 2.

Council duties.

The council shall:

(1) provide review of the new text begin service delivery new text end redesign process new text begin , including proposed
memoranda of understanding to establish a service delivery authority to conduct and
administer experimental projects to test new methods and procedures of delivering
services new text end ;

deleted text begin (2) certify, in accordance with section 402A.30, subdivision 4, the formation of
a service delivery authority, including the memorandum of understanding in section
402A.30, subdivision 2, paragraph (b);
deleted text end

deleted text begin (3) ensure the consistency of the memorandum of understanding entered into
under section 402A.30, subdivision 2, paragraph (b), with the performance standards
recommended by the steering committee and enacted by the legislature;
deleted text end

deleted text begin (4) deleted text end new text begin (2) new text end ensure the consistency of the memorandum of understanding, to the extent
appropriate, deleted text begin or deleted text end new text begin with new text end other memorandum of understanding entered into by other service
delivery authorities;

new text begin (3) review and make recommendations on applications from a service delivery
authority for waivers of statutory or rule program requirements that are needed for
flexibility to determine the most cost-effective means of achieving specified measurable
goals in a redesign of human services delivery;
new text end

deleted text begin (5) deleted text end new text begin (4) new text end establish a process to take public input on the deleted text begin service delivery framework
specified in the memorandum of understanding in section 402A.30, subdivision 2,
paragraph (b) deleted text end new text begin scope of essential services over which a service delivery authority has
jurisdiction new text end ;

deleted text begin (6) deleted text end new text begin (5) new text end form work groups as necessary to carry out the duties of the council under the
redesign;

deleted text begin (7) deleted text end new text begin (6) new text end serve as a forum for resolving conflicts among participating counties or
between participating counties and the commissioner of human services, provided nothing
in this section is intended to create a formal binding legal process;

deleted text begin (8) deleted text end new text begin (7) new text end engage in the program improvement process established in section 402A.18,
subdivision 3; and

deleted text begin (9) deleted text end new text begin (8) new text end identify and recommend incentives for counties to participate in deleted text begin human
services deleted text end new text begin service delivery new text end authorities.

new text begin Subd. 3. new text end

new text begin Program evaluation. new text end

new text begin By December 15, 2014, the council shall request
consideration by the legislative auditor for a reevaluation under section 3.971, subdivision
7, of those aspects of the program evaluation of human services administration reported
in January 2007 affected by this chapter.
new text end

Sec. 6.

new text begin [402A.35] DESIGNATION OF SERVICE DELIVERY AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements for establishing a service delivery authority. new text end

new text begin (a) A
county or consortium of counties is eligible to establish a service delivery authority if:
new text end

new text begin (1) the county or consortium of counties are:
new text end

new text begin (i) a single county with a population of 55,000 or more;
new text end

new text begin (ii) a consortium of counties with a total combined population of 55,000 or more and
the counties comprising the group are in reasonable geographic proximity; or
new text end

new text begin (iii) a consortium of four or more counties in reasonable geographic proximity
without regard to population.
new text end

new text begin The council may recommend that the commissioner of human services exempt a
single county or multicounty consortium from the minimum population standard if the
county or group of counties can demonstrate that it can otherwise meet the requirements
of this chapter.
new text end

new text begin (b) A service delivery authority shall:
new text end

new text begin (1) comply with current state and federal law, including any existing federal or state
performance measures and performance measures under section 402A.15 when they are
enacted into law, except where waivers are approved by the commissioner. Nothing
in this subdivision requires the establishment of performance measures under section
402A.15 prior to a service delivery authority participating in the service delivery redesign
under this chapter;
new text end

new text begin (2) define the scope of essential services over which the service delivery authority
has jurisdiction;
new text end

new text begin (3) designate a single administrative structure to oversee the delivery of those
services included in a proposal for a redesigned service or services and identify a single
administrative agent for purposes of contact and communication with the department;
new text end

new text begin (4) identify the waivers from statutory or rule program requirements that are needed
to ensure greater local control and flexibility to determine the most cost effective means of
achieving specified measurable goals that the participating service delivery authority is
expected to achieve;
new text end

new text begin (5) set forth a reasonable level of targeted reductions in overhead and administrative
costs for each service delivery authority participating in the service delivery redesign;
new text end

new text begin (6) set forth the terms under which a county may withdraw from participation.
new text end

new text begin (c) Once a county or consortium of counties establishes a service delivery authority,
no county that is a member of the service delivery authority may participate as a member
of any other service delivery authority. The service delivery authority may allow an
additional county or counties to join the service delivery authority subject to the approval
of the council and the commissioner.
new text end

new text begin (d) Nothing in this chapter precludes local governments from utilizing sections
465.81 and 465.82 to establish procedures for local governments to merge, with the
consent of the voters. Nothing in this chapter limits the authority of a county board to enter
into contractual agreements for services not covered by the provisions of a memorandum
of understanding establishing a service delivery authority with other agencies or with
other units of government.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The service delivery authority shall:
new text end

new text begin (1) within the scope of essential services set forth in the memorandum of
understanding establishing the authority, carry out the responsibilities required of local
agencies under chapter 393 and human services boards under chapter 402;
new text end

new text begin (2) manage the public resources devoted to human services and other public services
delivered or purchased by the counties that are subsidized or regulated by the Department
of Human Services under chapters 245 to 261;
new text end

new text begin (3) employ staff to assist in carrying out its duties;
new text end

new text begin (4) develop and maintain a continuity of operations plan to ensure the continued
operation or resumption of essential human services functions in the event of any business
interruption according to local, state, and federal emergency planning requirements;
new text end

new text begin (5) receive and expend funds received for the redesign process under the
memorandum of understanding;
new text end

new text begin (6) plan and deliver services directly or through contract with other governmental
or nongovernmental providers;
new text end

new text begin (7) rent, purchase, sell, and otherwise dispose of real and personal property as
necessary to carry out the redesign; and
new text end

new text begin (8) carry out any other service designated as a responsibility of a county.
new text end

new text begin Subd. 3. new text end

new text begin Process for establishing a service delivery authority. new text end

new text begin (a) The county or
consortium of counties meeting the requirements of section 402A.30 and proposing to
establish a service delivery authority shall present to the council:
new text end

new text begin (1) in conjunction with the commissioner, a proposed memorandum of understanding
meeting the requirements of subdivision 1, paragraph (b), and outlining:
new text end

new text begin (i) the details of the proposal;
new text end

new text begin (ii) the state and local resources, which may include but are not limited to funding,
administrative and technology support, and other requirements necessary for the service
delivery authority; and
new text end

new text begin (iii) the relief available to the service delivery authority if the resource commitments
identified in item (ii) are not met; and
new text end

new text begin (2) a board resolution from the board of commissioners of each participating county
stating the county's intent to participate.
new text end

new text begin (b) This paragraph only applies when a group of employees represented under a
collective bargaining agreement is transferred from county to service delivery authority
funding. A service delivery authority may not be established until the affected parties
have presented an agreement as required under this paragraph. The county or consortium
of counties proposing to establish a service delivery authority, together with exclusive
representatives of affected employees, must present to the council and the commissioner a
written agreement relating to those employees who are proposed to be transferred from
county employment to working for a service delivery authority as the public employer,
and expressing agreement on the following topics:
new text end

new text begin (1) the proposed bargaining units for the new service delivery authority, and a
proposal for recognition of exclusive representatives of those bargaining units;
new text end

new text begin (2) a proposed collective bargaining agreement which will be implemented upon the
formation of the service delivery authority and that will establish terms and conditions
of employment for represented employees of the service delivery authority, pending
negotiation of a future agreement; and
new text end

new text begin (3) an agreement that county employees whose work is to be transferred to the
service delivery authority and whose positions are needed by the service delivery authority
to perform this work, and who meet the minimum qualifications for positions with the
service delivery authority will become employees of the service delivery authority.
new text end

new text begin (c) After the council has considered and recommended approval of a proposed
memorandum of understanding, the commissioner may finalize and execute the
memorandum of understanding.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner authority to seek waivers. new text end

new text begin The commissioner may use the
authority under section 256.01, subdivision 2, paragraph (l), to grant waivers identified as
part of a proposed service delivery authority under subdivision 1, paragraph (b), clause
(4), except that waivers granted under this section must be approved by the council under
section 402A.20 rather than the Legislative Advisory Committee.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2009 Supplement, sections 402A.30; and 402A.45, new text end new text begin are repealed.
new text end