SF 1101

3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 02:50pm

A bill for an act
relating to human services; establishing the My Life, My Choices Task Force;
authorizing performance-based organizations to provide services to people with
disabilities; requiring a report; proposing coding for new law in Minnesota
Statutes, chapter 15.

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

Section 1.

new text begin [15.996] PERFORMANCE-BASED ORGANIZATIONS.
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new text begin Subdivision 1. new text end

new text begin Designation. new text end

new text begin The governor may designate one or more programs
within the Department of Human Services and within up to two other executive branch
state agencies whose missions involve people with disabilities as performance-based
organizations. The goal of the performance-based organization designation is to provide
the best services in the most cost-effective manner to people with disabilities. For a
program that is designated as a performance-based organization, the agency providing
services or another governmental or private organization under contract with the agency
may enter into a performance-based agreement that allows the agency or the entity under
contract with the agency more flexibility in its operations in exchange for a greater level of
accountability. With any required legislative approval, a performance-based organization
agreement may exempt an agency or an outside entity providing services from one or
more procedural laws, rules, or policies that otherwise would govern the program.
new text end

new text begin Subd. 2. new text end

new text begin Performance-based organization agreement. new text end

new text begin Designation of a
performance-based organization must be implemented through a performance-based
organization agreement. A performance-based organization agreement may be between
the governor and an agency, if an agency is to provide services under the agreement, or
between an agency and an outside entity, if the outside entity is to provide the services. A
performance-based organization agreement must:
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new text begin (1) describe the programs subject to the agreement;
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new text begin (2) specify the procedural laws, rules, or policies that will not apply to the
performance-based organization, why waiver or variance from these laws, rules, or
policies is necessary to achieve desired outcomes, and a description of alternative means
of accomplishing the purposes of those laws, rules, or policies;
new text end

new text begin (3) contain procedures for oversight of the performance-based organization,
including requirements and procedures for program and financial audits;
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new text begin (4) if the performance-based organization involves a nonstate entity, contain
provisions governing assumption of liability, and types and amounts of insurance coverage
to be obtained;
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new text begin (5) specify the duration of the agreement; and
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new text begin (6) specify measurable performance-based outcomes for achieving program
goals, time periods during which these outcomes will be measured and reported, and
consequences for not meeting the performance-based outcomes.
new text end

new text begin Subd. 3. new text end

new text begin Duration; legislative approval; reporting. new text end

new text begin (a) A performance-based
organization agreement may be up to three years, and may be renewed.
new text end

new text begin (b) new text end

new text begin The chief executive of the state agency whose program is subject to a
performance-based organization must report to the chairs and ranking minority members
of legislative policy and finance committees with jurisdiction over the program on the
proposed content of the performance-based organization, and specifically describing
any procedural laws, rules, and policies that will not apply. The legislature must
approve a performance-based organization before the state agency may enter into a
performance-based agreement.
new text end

Sec. 2. new text begin MY LIFE, MY CHOICES TASK FORCE.
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new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The My Life, My Choices Task Force is established
to create a system of supports and services for people with disabilities governed by the
following principles:
new text end

new text begin (1) freedom to act as a consumer of services in the marketplace;
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new text begin (2) freedom to choose to take as much risk as any other citizen;
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new text begin (3) more choices in levels of service that may vary throughout life;
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new text begin (4) opportunity to work with a trusted advocate and fiscal support entity to manage a
personal budget and to be accountable for reporting spending and personal outcomes;
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new text begin (5) opportunity to live with minimal constraints instead of minimal freedoms; and
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new text begin (6) ability to consolidate funding streams into an individualized budget.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The My Life, My Choices Task Force shall consist of:
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new text begin (1) the lieutenant governor;
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new text begin (2) the commissioner of human services, or the commissioner's designee;
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new text begin (3) a representative of the Minnesota Chamber of Commerce;
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new text begin (4) seven members appointed by the governor as follows: one administrative law
judge, one labor representative, two family members of people with disabilities, and three
individual members with different disabilities;
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new text begin (5) two members appointed by the speaker of the house as follows: a representative
of a disability advocacy organization, and a representative of a disability legal services
advocacy organization; and
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new text begin (6) three members appointed by the majority leader of the senate, including two
representatives from nonprofit organizations, one of which serves all 87 counties, and a
representative of a philanthropic organization.
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new text begin Appointed nongovernmental members of the task force shall serve as staff for the
task force and take on responsibilities of coordinating meetings, reporting on committee
recommendations, and providing other staff support as needed to meet the responsibilities
of the task force as described in subdivision 3. The chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services policy and
finance shall serve as ex officio members.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The task force shall make recommendations, including proposed
legislation, and report to the legislative committees with jurisdiction over health and
human services policy and finance by November 15, 2011, on creating a system of
supports and services for people with disabilities by July 1, 2012, as governed by the
principles under subdivision 1. In making recommendations and proposed legislation, the
council shall work in conjunction with the Consumer-Directed Community Supports Task
Force and shall include self-directed planning, individual budgeting, choice of trusted
partner, self-directed purchasing of services and supports, reporting of outcomes, ability to
share in any savings, and any additional rules or laws that may need to be waived.
new text end

new text begin Subd. 4. new text end

new text begin Expense reimbursement. new text end

new text begin The members of the task force shall not be
reimbursed for expenses related to the duties of the task force. The task force shall be
independently staffed and coordinated by nongovernmental appointees who serve on
the task force, and no state dollars shall be appropriated for expenses related to the task
force under this section.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin The task force expires on July 1, 2013.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end