1st Engrossment - 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 (a) Effective July 1, 1998,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 established in Dodge, Fillmore, 1.17 Freeborn, Goodhue, Houston, Mower, Olmsted, Rice, Steele, 1.18 Wabasha, and Winona counties for 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 (b) Effective July 1, 2003, a county not listed in 2.2 paragraph (a) may apply to participate in the quality assurance 2.3 system established under paragraph (a). The commission 2.4 established under section 256B.0951 may, at its option, allow 2.5 additional counties to participate in the system. 2.6 (c) Effective July 1, 2003, any county or group of counties 2.7 not listed in paragraph (a) may establish a quality assurance 2.8 system under this section. A new system established under this 2.9 section shall have the same rights and duties as the system 2.10 established under paragraph (a). A new system shall be governed 2.11 by a commission under section 256B.0951. The commissioner shall 2.12 appoint the initial commission members based on recommendations 2.13 from advocates, families, service providers, and counties in the 2.14 geographic area included in the new system. Counties that 2.15 choose to participate in a new system shall have the duties 2.16 assigned under section 256B.0952. The new system shall 2.17 establish a quality assurance process under section 256B.0953. 2.18 The provisions of section 256B.0954 shall apply to a new system 2.19 established under this paragraph. The commissioner shall 2.20 delegate authority to a new system established under this 2.21 paragraph according to section 256B.0955. 2.22 [EFFECTIVE DATE.] This section is effective July 1, 2003. 2.23 Sec. 2. Minnesota Statutes 2002, section 256B.0951, 2.24 subdivision 1, is amended to read: 2.25 Subdivision 1. [MEMBERSHIP.] Theregion 10quality 2.26 assurance commission is established. The commission consists of 2.27 at least 14 but not more than 21 members as follows: at least 2.28 three but not more than five members representing advocacy 2.29 organizations; at least three but not more than five members 2.30 representing consumers, families, and their legal 2.31 representatives; at least three but not more than five members 2.32 representing service providers; at least three but not more than 2.33 five members representing counties; and the commissioner of 2.34 human services or the commissioner's designee.Initial2.35membership of the commission shall be recruited and approved by2.36the region 10 stakeholders group. Prior to approving the3.1commission's membership, the stakeholders group shall provide to3.2the commissioner a list of the membership in the stakeholders3.3group, as of February 1, 1997, a brief summary of meetings held3.4by the group since July 1, 1996, and copies of any materials3.5prepared by the group for public distribution.The first 3.6 commission shall establish membership guidelines for the 3.7 transition and recruitment of membership for the commission's 3.8 ongoing existence. Members of the commission who do not receive 3.9 a salary or wages from an employer for time spent on commission 3.10 duties may receive a per diem payment when performing commission 3.11 duties and functions. All members may be reimbursed for 3.12 expenses related to commission activities. Notwithstanding the 3.13 provisions of section 15.059, subdivision 5, the commission 3.14expires on June 30, 2005shall not expire. 3.15 [EFFECTIVE DATE.] This section is effective July 1, 2003. 3.16 Sec. 3. Minnesota Statutes 2002, section 256B.0951, 3.17 subdivision 2, is amended to read: 3.18 Subd. 2. [AUTHORITY TO HIRE STAFF; CHARGE FEES; AND 3.19 PROVIDE TECHNICAL ASSISTANCE.] (a) The commission may hire staff 3.20 to perform the duties assigned in this section. 3.21 (b) The commission may charge fees for its services. 3.22 (c) The commission may provide technical assistance to 3.23 other counties, families, providers, and advocates interested in 3.24 participating in a quality assurance system under section 3.25 256B.095, paragraph (b) or (c). 3.26 [EFFECTIVE DATE.] This section is effective July 1, 2003. 3.27 Sec. 4. Minnesota Statutes 2002, section 256B.0951, 3.28 subdivision 3, is amended to read: 3.29 Subd. 3. [COMMISSION DUTIES.] (a) By October 1, 1997, the 3.30 commission, in cooperation with the commissioners of human 3.31 services and health, shall do the following: (1) approve an 3.32 alternative quality assurance licensing system based on the 3.33 evaluation of outcomes; (2) approve measurable outcomes in the 3.34 areas of health and safety, consumer evaluation, education and 3.35 training, providers, and systems that shall be evaluated during 3.36 the alternative licensing process; and (3) establish variable 4.1 licensure periods not to exceed three years based on outcomes 4.2 achieved. For purposes of this subdivision, "outcome" means the 4.3 behavior, action, or status of a person that can be observed or 4.4 measured and can be reliably and validly determined. 4.5 (b) By January 15, 1998, the commission shall approve, in 4.6 cooperation with the commissioner of human services, a training 4.7 program for members of the quality assurance teams established 4.8 under section 256B.0952, subdivision 4. 4.9 (c) The commission and the commissioner shall establish an 4.10 ongoing review process for the alternative quality assurance 4.11 licensing system. The review shall take into account the 4.12 comprehensive nature of the alternative system, which is 4.13 designed to evaluate the broad spectrum of licensed and 4.14 unlicensed entities that provide services to clients, as4.15compared to the current licensing system. 4.16 (d)The commission shall contract with an independent4.17entity to conduct a financial review of the alternative quality4.18assurance project. The review shall take into account the4.19comprehensive nature of the alternative system, which is4.20designed to evaluate the broad spectrum of licensed and4.21unlicensed entities that provide services to clients, as4.22compared to the current licensing system. The review shall4.23include an evaluation of possible budgetary savings within the4.24department of human services as a result of implementation of4.25the alternative quality assurance project. If a federal waiver4.26is approved under subdivision 7, the financial review shall also4.27evaluate possible savings within the department of health. This4.28review must be completed by December 15, 2000.4.29(e) The commission shall submit a report to the legislature4.30by January 15, 2001, on the results of the review process for4.31the alternative quality assurance project, a summary of the4.32results of the independent financial review, and a4.33recommendation on whether the project should be extended beyond4.34June 30, 2001.4.35(f)Thecommissionercommission, in consultation with 4.36 thecommissioncommissioner, shallexamine the feasibility of5.1expandingwork cooperatively with other populations to expand 5.2 theprojectsystem tootherthose populationsor geographic5.3areasand identify barriers to expansion. The commissioner 5.4 shall report findings and recommendations to the legislature by 5.5 December 15, 2004. 5.6 [EFFECTIVE DATE.] This section is effective July 1, 2003. 5.7 Sec. 5. Minnesota Statutes 2002, section 256B.0951, 5.8 subdivision 5, is amended to read: 5.9 Subd. 5. [VARIANCE OF CERTAIN STANDARDS PROHIBITED.] The 5.10 safety standards, rights, or procedural protections under 5.11 sections 245.825; 245.91 to 245.97; 245A.04, subdivisions 3, 3a, 5.12 3b, and 3c; 245A.09, subdivision 2, paragraph (c), clauses (2) 5.13 and (5); 245A.12; 245A.13; 252.41, subdivision 9; 256B.092, 5.14 subdivisions 1b, clause (7), and 10; 626.556; 626.557, and 5.15 procedures for the monitoring of psychotropic medications shall 5.16 not be varied under the alternativelicensingquality assurance 5.17 licensing systemproject. The commission may make 5.18 recommendations to the commissioners of human services and 5.19 health or to the legislature regarding alternatives to or 5.20 modifications of the rules and procedures referenced in this 5.21 subdivision. 5.22 [EFFECTIVE DATE.] This section is effective July 1, 2003. 5.23 Sec. 6. Minnesota Statutes 2002, section 256B.0951, 5.24 subdivision 7, is amended to read: 5.25 Subd. 7. [WAIVER OF RULES.] If a federal waiver is 5.26 approved under subdivision 8, the commissioner of health may 5.27 exempt residents of intermediate care facilities for persons 5.28 with mental retardation (ICFs/MR) who participate in the 5.29 alternative quality assuranceprojectsystem established in 5.30 section 256B.095 from the requirements of Minnesota Rules, 5.31 chapter 4665. 5.32 [EFFECTIVE DATE.] This section is effective July 1, 2003. 5.33 Sec. 7. Minnesota Statutes 2002, section 256B.0951, 5.34 subdivision 9, is amended to read: 5.35 Subd. 9. [EVALUATION.] The commission, in consultation 5.36 with the commissioner of human services, shall conduct an 6.1 evaluation of thealternativequality assurance system, and 6.2 present a report to the commissioner by June 30, 2004. 6.3 [EFFECTIVE DATE.] This section is effective July 1, 2003. 6.4 Sec. 8. Minnesota Statutes 2002, section 256B.0952, 6.5 subdivision 1, is amended to read: 6.6 Subdivision 1. [NOTIFICATION.]For each year of the6.7project, region 10Counties shall give notice to the commission 6.8 and commissioners of human services and healthby March 15of 6.9 intent to join thequality assurancealternative quality 6.10 assurance licensing system, effective July 1 of that year. A 6.11 county choosing to participate in the alternative quality 6.12 assurance licensing system commits to participateuntil June 30,6.132005. Counties participating in the quality assurance6.14alternative licensing system as of January 1, 2001, shall notify6.15the commission and the commissioners of human services and6.16health by March 15, 2001, of intent to continue participation.6.17Counties that elect to continue participation must participate6.18in the alternative licensing system until June 30, 2005for 6.19 three years. 6.20 [EFFECTIVE DATE.] This section is effective July 1, 2003. 6.21 Sec. 9. Minnesota Statutes 2002, section 256B.0953, 6.22 subdivision 2, is amended to read: 6.23 Subd. 2. [LICENSURE PERIODS.] (a) In order to be licensed 6.24 under the alternative quality assuranceprocesslicensing 6.25 system, a facility, program, or service must satisfy the health 6.26 and safety outcomes approved for thepilot projectalternative 6.27 quality assurance licensing system. 6.28 (b) Licensure shall be approved for periods of one to three 6.29 years for a facility, program, or service that satisfies the 6.30 requirements of paragraph (a) and achieves the outcome 6.31 measurements in the categories of consumer evaluation, education 6.32 and training, providers, and systems. 6.33 [EFFECTIVE DATE.] This section is effective July 1, 2003. 6.34 Sec. 10. Minnesota Statutes 2002, section 256B.0955, is 6.35 amended to read: 6.36 256B.0955 [DUTIES OF THE COMMISSIONER OF HUMAN SERVICES.] 7.1 (a) Effective July 1, 1998, the commissioner of human 7.2 services shall delegate authority to perform licensing functions 7.3 and activities, in accordance with section 245A.16, to counties 7.4 participating in the alternative quality assurance licensing 7.5 system. The commissioner shall not license or reimburse a 7.6 facility, program, or service for persons with developmental 7.7 disabilities in a county that participates in the 7.8 alternative quality assurance licensing system if the 7.9 commissioner has received from the appropriate county 7.10 notification that the facility, program, or service has been 7.11 reviewed by a quality assurance team and has failed to qualify 7.12 for licensure. 7.13 (b) The commissioner may conduct random licensing 7.14 inspections based on outcomes adopted under section 256B.0951 at 7.15 facilities, programs, and services governed by the alternative 7.16 quality assurance licensing system. The role of such random 7.17 inspections shall be to verify that the alternative quality 7.18 assurance licensing system protects the safety and well-being of 7.19 consumers and maintains the availability of high-quality 7.20 services for persons with developmental disabilities. 7.21(c) The commissioner shall provide technical assistance and7.22support or training to the alternative licensing system pilot7.23project.7.24 [EFFECTIVE DATE.] This section is effective July 1, 2003. 7.25 Sec. 11. [APPROPRIATION.] 7.26 $....... is appropriated from the general fund to the 7.27 commissioner of human services for the biennium ending June 30, 7.28 2005, to be allocated to the quality assurance commission for 7.29 the operating costs of the quality assurance system.