as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to human services; expanding the alternative 1.3 quality assurance licensing system; eliminating a 1.4 sunset; appropriating money; amending Minnesota 1.5 Statutes 2002, sections 256B.095; 256B.0951, 1.6 subdivisions 1, 2, 3, 5, 7, 9; 256B.0952, subdivision 1.7 1; 256B.0953, subdivision 2; 256B.0955. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 2002, section 256B.095, is 1.10 amended to read: 1.11 256B.095 [QUALITY ASSURANCEPROJECTSYSTEM ESTABLISHED.] 1.12 Effective July 1,19982003,an alternativea quality 1.13 assurancelicensingsystemprojectfor persons with 1.14 developmental disabilities, which includes an alternative 1.15 quality assurance licensing system for programsfor persons with1.16developmental disabilities, is establishedin Dodge, Fillmore,1.17Freeborn, Goodhue, Houston, Mower, Olmsted, Rice, Steele,1.18Wabasha, and Winona countiesfor the purpose of improving the 1.19 quality of services provided to persons with developmental 1.20 disabilities. A county, at its option, may choose to have all 1.21 programs for persons with developmental disabilities located 1.22 within the county licensed under chapter 245A using standards 1.23 determined under the alternative quality assurance licensing 1.24 systemprojector may continue regulation of these programs 1.25 under the licensing system operated by the commissioner.The1.26project expires on June 30, 2005.2.1 [EFFECTIVE DATE.] This section is effective July 1, 2003. 2.2 Sec. 2. Minnesota Statutes 2002, section 256B.0951, 2.3 subdivision 1, is amended to read: 2.4 Subdivision 1. [MEMBERSHIP.] Theregion 10quality 2.5 assurance commission is established. The commission consists of 2.6 at least 14 but not more than 21 members as follows: at least 2.7 three but not more than five members representing advocacy 2.8 organizations; at least three but not more than five members 2.9 representing consumers, families, and their legal 2.10 representatives; at least three but not more than five members 2.11 representing service providers; at least three but not more than 2.12 five members representing counties; and the commissioner of 2.13 human services or the commissioner's designee.Initial2.14membership of the commission shall be recruited and approved by2.15the region 10 stakeholders group. Prior to approving the2.16commission's membership, the stakeholders group shall provide to2.17the commissioner a list of the membership in the stakeholders2.18group, as of February 1, 1997, a brief summary of meetings held2.19by the group since July 1, 1996, and copies of any materials2.20prepared by the group for public distribution.The first 2.21 commission shall establish membership guidelines for the 2.22 transition and recruitment of membership for the commission's 2.23 ongoing existence. Members of the commission who do not receive 2.24 a salary or wages from an employer for time spent on commission 2.25 duties may receive a per diem payment when performing commission 2.26 duties and functions. All members may be reimbursed for 2.27 expenses related to commission activities. Notwithstanding the 2.28 provisions of section 15.059, subdivision 5, the commission 2.29expires on June 30, 2005does not expire. 2.30 [EFFECTIVE DATE.] This section is effective July 1, 2003. 2.31 Sec. 3. Minnesota Statutes 2002, section 256B.0951, 2.32 subdivision 2, is amended to read: 2.33 Subd. 2. [AUTHORITY TO HIRE STAFF.] (a) The commission may 2.34 hire staff to perform the duties assigned in this section. 2.35 (b) The commission may charge fees for its services. 2.36 [EFFECTIVE DATE.] This section is effective July 1, 2003. 3.1 Sec. 4. Minnesota Statutes 2002, section 256B.0951, 3.2 subdivision 3, is amended to read: 3.3 Subd. 3. [COMMISSION DUTIES.] (a) By October 1, 1997, the 3.4 commission, in cooperation with the commissioners of human 3.5 services and health, shall do the following: (1) approve an 3.6 alternative quality assurance licensing system based on the 3.7 evaluation of outcomes; (2) approve measurable outcomes in the 3.8 areas of health and safety, consumer evaluation, education and 3.9 training, providers, and systems that shall be evaluated during 3.10 the alternative licensing process; and (3) establish variable 3.11 licensure periods not to exceed three years based on outcomes 3.12 achieved. For purposes of this subdivision, "outcome" means the 3.13 behavior, action, or status of a person that can be observed or 3.14 measured and can be reliably and validly determined. 3.15 (b) By January 15, 1998, the commission shall approve, in 3.16 cooperation with the commissioner of human services, a training 3.17 program for members of the quality assurance teams established 3.18 under section 256B.0952, subdivision 4. 3.19 (c) The commission and the commissioner shall establish an 3.20 ongoing review process for the alternative quality assurance 3.21 licensing system. The review shall take into account the 3.22 comprehensive nature of the alternative system, which is 3.23 designed to evaluate the broad spectrum of licensed and 3.24 unlicensed entities that provide services to clients, as3.25compared to the current licensing system. 3.26 (d)The commission shall contract with an independent3.27entity to conduct a financial review of the alternative quality3.28assurance project. The review shall take into account the3.29comprehensive nature of the alternative system, which is3.30designed to evaluate the broad spectrum of licensed and3.31unlicensed entities that provide services to clients, as3.32compared to the current licensing system. The review shall3.33include an evaluation of possible budgetary savings within the3.34department of human services as a result of implementation of3.35the alternative quality assurance project. If a federal waiver3.36is approved under subdivision 7, the financial review shall also4.1evaluate possible savings within the department of health. This4.2review must be completed by December 15, 2000.4.3(e) The commission shall submit a report to the legislature4.4by January 15, 2001, on the results of the review process for4.5the alternative quality assurance project, a summary of the4.6results of the independent financial review, and a4.7recommendation on whether the project should be extended beyond4.8June 30, 2001.4.9(f)Thecommissionercommission, in consultation with 4.10 thecommissioncommissioner, shallexamine the feasibility of4.11expandingwork cooperatively with other populations to expand 4.12 theprojectsystem tootherthose populationsor geographic4.13areasand identify barriers to expansion. The commissioner 4.14 shall report findings and recommendations to the legislature by 4.15 December 15, 2004. 4.16 [EFFECTIVE DATE.] This section is effective July 1, 2003. 4.17 Sec. 5. Minnesota Statutes 2002, section 256B.0951, 4.18 subdivision 5, is amended to read: 4.19 Subd. 5. [VARIANCE OF CERTAIN STANDARDS PROHIBITED.] The 4.20 safety standards, rights, or procedural protections under 4.21 sections 245.825; 245.91 to 245.97; 245A.04, subdivisions 3, 3a, 4.22 3b, and 3c; 245A.09, subdivision 2, paragraph (c), clauses (2) 4.23 and (5); 245A.12; 245A.13; 252.41, subdivision 9; 256B.092, 4.24 subdivisions 1b, clause (7), and 10; 626.556; 626.557, and 4.25 procedures for the monitoring of psychotropic medications shall 4.26 not be varied under the alternativelicensingquality assurance 4.27 licensing systemproject. The commission may make 4.28 recommendations to the commissioners of human services and 4.29 health or to the legislature regarding alternatives to or 4.30 modifications of the rules and procedures referenced in this 4.31 subdivision. 4.32 [EFFECTIVE DATE.] This section is effective July 1, 2003. 4.33 Sec. 6. Minnesota Statutes 2002, section 256B.0951, 4.34 subdivision 7, is amended to read: 4.35 Subd. 7. [WAIVER OF RULES.] If a federal waiver is 4.36 approved under subdivision 8, the commissioner of health may 5.1 exempt residents of intermediate care facilities for persons 5.2 with mental retardation (ICFs/MR) who participate in the 5.3 alternative quality assuranceprojectsystem established in 5.4 section 256B.095 from the requirements of Minnesota Rules, 5.5 chapter 4665. 5.6 [EFFECTIVE DATE.] This section is effective July 1, 2003. 5.7 Sec. 7. Minnesota Statutes 2002, section 256B.0951, 5.8 subdivision 9, is amended to read: 5.9 Subd. 9. [EVALUATION.] The commission, in consultation 5.10 with the commissioner of human services, shall conduct an 5.11 evaluation of thealternativequality assurance system, and 5.12 present a report to the commissioner by June 30, 2004. 5.13 [EFFECTIVE DATE.] This section is effective July 1, 2003. 5.14 Sec. 8. Minnesota Statutes 2002, section 256B.0952, 5.15 subdivision 1, is amended to read: 5.16 Subdivision 1. [NOTIFICATION.]For each year of the5.17project, region 10Counties shall give notice to the commission 5.18 and commissioners of human services and healthby March 15of 5.19 intent to join thequality assurancealternative quality 5.20 assurance licensing system, effective July 1 of that year. A 5.21 county choosing to participate in the alternative quality 5.22 assurance licensing system commits to participateuntil June 30,5.232005. Counties participating in the quality assurance5.24alternative licensing system as of January 1, 2001, shall notify5.25the commission and the commissioners of human services and5.26health by March 15, 2001, of intent to continue participation.5.27Counties that elect to continue participation must participate5.28in the alternative licensing system until June 30, 2005for 5.29 three years. 5.30 [EFFECTIVE DATE.] This section is effective July 1, 2003. 5.31 Sec. 9. Minnesota Statutes 2002, section 256B.0953, 5.32 subdivision 2, is amended to read: 5.33 Subd. 2. [LICENSURE PERIODS.] (a) In order to be licensed 5.34 under the alternative quality assuranceprocesslicensing 5.35 system, a facility, program, or service must satisfy the health 5.36 and safety outcomes approved for thepilot projectalternative 6.1 quality assurance licensing system. 6.2 (b) Licensure shall be approved for periods of one to three 6.3 years for a facility, program, or service that satisfies the 6.4 requirements of paragraph (a) and achieves the outcome 6.5 measurements in the categories of consumer evaluation, education 6.6 and training, providers, and systems. 6.7 [EFFECTIVE DATE.] This section is effective July 1, 2003. 6.8 Sec. 10. Minnesota Statutes 2002, section 256B.0955, is 6.9 amended to read: 6.10 256B.0955 [DUTIES OF THE COMMISSIONER OF HUMAN SERVICES.] 6.11 (a) Effective July 1, 1998, the commissioner of human 6.12 services shall delegate authority to perform licensing functions 6.13 and activities, in accordance with section 245A.16, to counties 6.14 participating in the alternative quality assurance licensing 6.15 system. The commissioner shall not license or reimburse a 6.16 facility, program, or service for persons with developmental 6.17 disabilities in a county that participates in the 6.18 alternative quality assurance licensing system if the 6.19 commissioner has received from the appropriate county 6.20 notification that the facility, program, or service has been 6.21 reviewed by a quality assurance team and has failed to qualify 6.22 for licensure. 6.23 (b) The commissioner may conduct random licensing 6.24 inspections based on outcomes adopted under section 256B.0951 at 6.25 facilities, programs, and services governed by the alternative 6.26 quality assurance licensing system. The role of such random 6.27 inspections shall be to verify that the alternative quality 6.28 assurance licensing system protects the safety and well-being of 6.29 consumers and maintains the availability of high-quality 6.30 services for persons with developmental disabilities. 6.31(c) The commissioner shall provide technical assistance and6.32support or training to the alternative licensing system pilot6.33project.6.34 [EFFECTIVE DATE.] This section is effective July 1, 2003. 6.35 Sec. 11. [APPROPRIATION.] 6.36 $....... is appropriated from the general fund to the 7.1 commissioner of human services for the biennium ending June 30, 7.2 2005, to be allocated to the quality assurance commission for 7.3 the operating costs of the quality assurance system.