HF 908

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; extending a quality assurance system and commission
until 2014; establishing a statewide quality assurance and improvement system;
requiring reports; appropriating money; amending Minnesota Statutes 2006,
sections 256B.095; 256B.0951, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapter 256B.

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

Section 1.

Minnesota Statutes 2006, 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. The project expires on June 30,
deleted text begin 2009 deleted text end new text begin 2014 new 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.

new text begin (d) Effective July 1, 2007, the quality assurance system may be expanded to include
programs for persons with disabilities and older adults.
new text end

Sec. 2.

Minnesota Statutes 2006, 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. Notwithstanding the provisions
of section 15.059, subdivision 5, the commission expires on June 30, deleted text begin 2009 deleted text end new text begin 2014 new text end .

Sec. 3.

new text begin [256B.096] QUALITY MANAGEMENT; ASSURANCE; AND
IMPROVEMENT SYSTEM FOR MINNESOTANS RECEIVING DISABILITY
SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin 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 statewide
quality assurance and improvement system for Minnesotans receiving disability services
shall be developed. The disability services included are the home and community-based
services waiver programs for persons with developmental disabilities under section
256B.092, subdivision 4, and persons with disabilities under section 256B.49.
new text end

new text begin Subd. 2. new text end

new text begin Stakeholder advisory group. new text end

new text begin The commissioner shall consult with a
stakeholder advisory group on the development and implementation of the state quality
management, assurance, and improvement system, including representatives from:
disability service recipients, disability service providers, disability advocacy groups,
county human service agencies, and state agency staff from the Departments of Human
Services and Health and ombudsman for mental health and developmental disabilities on
the development of a statewide quality assurance and improvement system.
new text end

new text begin Subd. 3. new text end

new text begin Annual survey of service recipients. new text end

new text begin The commissioner, in consultation
with the stakeholder advisory group, shall develop and conduct an annual independent
random statewide survey of between five and ten percent of service recipients to determine
the effectiveness and quality of disability services. The survey shall be consistent with
the system performance expectations of the Centers for Medicare and Medicaid Services
quality management requirements and framework. The survey shall analyze whether
desired outcomes have been achieved for persons with different demographic, diagnostic,
health, and functional needs and receiving different types of services, in different settings,
with different costs. The survey shall be field tested during 2008 and implemented by
February 1, 2009. Annual statewide and regional reports of the results shall be published
for use by regions, counties, and providers to plan and measure the impact of quality
improvement activities.
new text end

new text begin Subd. 4. new text end

new text begin Improvements for incident reporting, investigation, analysis, and
follow-up. new text end

new text begin In consultation with the stakeholder group, the commissioner shall identify
the information, data sources, and technology needed to improve the system of incident
reporting, including:
new text end

new text begin (1) reports made under the Maltreatment of Minors and Vulnerable Adults Acts; and
new text end

new text begin (2) investigation, analysis, and follow-up for disability services.
new text end

new text begin The commissioner must ensure that the federal home and community-based waiver
requirements are met and that incidents that may have jeopardized safety; health; or
violated service-related assurances, civil and human rights, and other protections designed
to prevent abuse, neglect, and exploitation are reviewed, investigated, and acted upon
in a timely manner.
new text end

new text begin Subd. 5. new text end

new text begin Biennial report. new text end

new text begin The commissioner shall provide a biennial report to the
chairs of the legislative committees with jurisdiction over health and human services
policy and funding beginning January 15, 2009, on the development and activities of the
quality management, assurance, and improvement system designed to meet the federal
requirements under the home and community-based services waiver programs for persons
with disabilities. By January 15, 2008, the commissioner shall provide a preliminary
report on the priorities for meeting the federal requirements, progress on the annual
survey, recommendations for improvements in the incident reporting system, and a plan
for incorporating the quality assurance efforts under section 256B.095 and other regional
efforts into the statewide system.
new text end

Sec. 4. new text begin APPROPRIATIONS.
new text end

new text begin $....... is appropriated from the general fund to the commissioner of human services
for the biennium beginning July 1, 2007, for the purposes of section 3. Federal Medicaid
matching funds obtained for this purpose shall be dedicated to the commissioner for this
purpose.
new text end