SF 1934

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; modifying the quality
assurance system; requiring a study; appropriating
money; amending Minnesota Statutes 2004, sections
256B.095; 256B.0951, subdivision 1; 256B.0952,
subdivision 5; 256B.0953, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, 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 2007 deleted text end new text begin 2009 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.

Sec. 2.

Minnesota Statutes 2004, 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 2007 deleted text end new text begin 2009 new text end .

Sec. 3.

Minnesota Statutes 2004, 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. The county
may pay a per diem to team members deleted text begin who do not receive a salary
or wages from an employer deleted text end 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. 4.

Minnesota Statutes 2004, section 256B.0953,
subdivision 1, is amended to read:

Subdivision 1.

Process components.

(a) The quality
assurance licensing process consists of an evaluation by a
quality assurance team of the facility, program, or service
according to outcome-based measurements. The process must
include an evaluation of a random sample of program consumers.
The sample must be representative of each service provided. The
sample size must be at least five percent of consumers but not
less than deleted text begin three deleted text end new text begin two new text end consumers.

(b) All consumers must be given the opportunity to be
included in the quality assurance process in addition to those
chosen for the random sample.

Sec. 5. new text begin DIRECTION TO THE COMMISSIONER; LICENSING AND
ALTERNATIVE QUALITY ASSURANCE STUDY.
new text end

new text begin The commissioner of human services shall arrange for a
study, including recommendations for statewide development and
implementation of regional or local quality assurance models for
disability services. The study shall include a review of
current projects or models; make findings regarding the best
components, role, and function of such models within a statewide
quality assurance system; and shall estimate the cost and
sources of funding for regional and local quality assurance
models on a statewide basis. The study shall be done in
consultation with counties, consumers of service, providers, and
representatives of current projects, including the Region 10
Quality Assurance Commission.
new text end

new text begin The study shall be submitted to the chairs of the
legislative committees with jurisdiction over health and human
services with recommendations on implementation of a statewide
system of quality assurance and licensing by July 1, 2006. The
commissioner shall submit proposed legislation for
implementation of a statewide system of quality assurance to the
chairs of the legislative committees with jurisdiction over
health and human services by December 15, 2006.
new text end

Sec. 6. new text begin APPROPRIATIONS.
new text end

new text begin $151,000 in fiscal year 2007 is appropriated from the
general fund to the commissioner of human services for the
Quality Assurance Commission under Minnesota Statutes, section
256B.0951. This appropriation shall become part of base level
funding for the commission for the biennium beginning July 1,
2007.
new text end