1997 Minnesota Statutes

     256B.0952 County duties; quality assurance teams. 

    Subdivision 1.    Notification.  By January 15, 1998, 
 each affected county shall notify the commission and the 
 commissioners of human services and health as to whether it 
 chooses to implement on July 1, 1998, the alternative licensing 
 system for the pilot project.  A county that does not implement 
 the alternative licensing system on July 1, 1998, may give 
 notice to the commission and the commissioners by January 15, 
 1999, or January 15, 2000, that it will implement the 
 alternative licensing system on the following July 1.  A county 
 that implements the alternative licensing system commits to 
 participate until June 30, 2001.  

    Subd. 2.    Appointment of review council; duties of 
 council.  A county or group of counties that chooses to 
 participate in the alternative licensing system shall appoint a 
 quality assurance review council comprised of advocates; 
 consumers, families, and their legal representatives; providers; 
 and county staff.  The council shall: 

    (1) review summary reports from quality assurance team 
 reviews and make recommendations to counties regarding program 
 licensure; 

    (2) make recommendations to the commission regarding the 
 alternative licensing system and quality assurance process; and 

    (3) resolve complaints between the quality assurance teams, 
 counties, providers, and consumers, families, and their legal 
 representatives. 

    Subd. 3.    Notice to commissioners.  The county, based 
 on reports from quality assurance managers and recommendations 
 from the quality assurance review council regarding the findings 
 of quality assurance teams, shall notify the commissioners of 
 human services and health regarding whether facilities, 
 programs, or services have met the outcome standards for 
 licensure and are eligible for payment. 

    Subd. 4.    Appointment of quality assurance manager.  
 (a) A county or group of counties that chooses to participate in 
 the alternative licensing system shall designate a quality 
 assurance manager and shall establish quality assurance teams in 
 accordance with subdivision 5.  The manager shall recruit, 
 train, and assign duties to the quality assurance team members.  
 In assigning team members to conduct the quality assurance 
 process at a facility, program, or service, the manager shall 
 take into account the size of the service provider, the number 
 of services to be reviewed, the skills necessary for team 
 members to complete the process, and other relevant factors.  
 The manager shall ensure that no team member has a financial, 
 personal, or family relationship with the facility, program, or 
 service being reviewed or with any clients of the facility, 
 program, or service. 

    (b) Quality assurance teams shall report the findings of 
 their quality assurance reviews to the quality assurance manager.
 The quality assurance manager shall provide the report from the 
 quality assurance team to the county and commissioners of human 
 services and health and a summary of the report to the quality 
 assurance review council.  

    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 compensation, 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 who do not receive a 
 salary or wages from an employer 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. 

    Subd. 6.    Licensing functions.  Participating counties 
 shall perform licensing functions and activities as delegated by 
 the commissioner of human services in accordance with section 
 245A.16. 

    HIST: 1997 c 203 art 7 s 20