256B.0951 QUALITY ASSURANCE COMMISSION.
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
15.059, subdivision 5
, the commission expires on June 30, 2014.
Subd. 2. Authority to hire staff; charge fees; provide technical assistance.
commission may hire staff to perform the duties assigned in this section.
(b) The commission may charge fees for its services.
(c) The commission may provide technical assistance to other counties, families, providers,
and advocates interested in participating in a quality assurance system under section
) or (c).
Subd. 3. Commission duties.
(a) By October 1, 1997, the commission, in cooperation
with the commissioners of human services and health, shall do the following: (1) approve an
alternative quality assurance licensing system based on the evaluation of outcomes; (2) approve
measurable outcomes in the areas of health and safety, consumer evaluation, education and
training, providers, and systems that shall be evaluated during the alternative licensing process;
and (3) establish variable licensure periods not to exceed three years based on outcomes achieved.
For purposes of this subdivision, "outcome" means the behavior, action, or status of a person that
can be observed or measured and can be reliably and validly determined.
(b) By January 15, 1998, the commission shall approve, in cooperation with the
commissioner of human services, a training program for members of the quality assurance teams
established under section
256B.0952, subdivision 4
(c) The commission and the commissioner shall establish an ongoing review process for
the alternative quality assurance licensing system. The review shall take into account the
comprehensive nature of the alternative system, which is designed to evaluate the broad spectrum
of licensed and unlicensed entities that provide services to clients.
(d) The commission, in consultation with the commissioner, shall work cooperatively with
other populations to expand the system to those populations and identify barriers to expansion. The
commissioner shall report findings and recommendations to the legislature by December 15, 2004.
Subd. 4. Commission's authority to recommend variances of licensing standards.
commission may recommend to the commissioners of human services and health variances
from the standards governing licensure of programs for persons with developmental disabilities
in order to improve the quality of services by implementing an alternative developmental
disabilities licensing system if the commission determines that the alternative licensing system
does not adversely affect the health or safety of persons being served by the licensed program
nor compromise the qualifications of staff to provide services.
Subd. 5. Variance of certain standards prohibited.
The safety standards, rights, or
procedural protections under chapter 245C and sections
, paragraph (c), clauses (2) and (5);
256B.092, subdivisions 1b, clause (7)
, and 10;
, and procedures for the
monitoring of psychotropic medications shall not be varied under the alternative quality assurance
licensing system. The commission may make recommendations to the commissioners of human
services and health or to the legislature regarding alternatives to or modifications of the rules
and procedures referenced in this subdivision.
Subd. 6.[Repealed, 1Sp2001 c 9 art 3 s 76
Subd. 7. Waiver of rules.
If a federal waiver is approved under subdivision 8, the
commissioner of health may exempt residents of intermediate care facilities for persons with
developmental disabilities (ICF's/MR) who participate in the alternative quality assurance system
established in section
from the requirements of Minnesota Rules, chapter 4665.
Subd. 8. Federal waiver.
The commissioner of human services shall seek a federal waiver to
allow intermediate care facilities for persons with developmental disabilities (ICF's/MR) in region
10 of Minnesota to participate in the alternative licensing system. If it is necessary for purposes
of participation in this alternative licensing system for a facility to be decertified as an ICF/MR
facility according to the terms of the federal waiver, when the facility seeks recertification under
the provisions of ICF/MR regulations at the end of the demonstration project, it will not be
considered a new ICF/MR as defined under section
provided the licensed capacity of the
facility did not increase during its participation in the alternative licensing system. The provisions
will remain applicable for counties
in region 10 of Minnesota and the ICF's/MR located within those counties notwithstanding a
county's participation in the alternative licensing system.
Subd. 9. Evaluation.
The commission, in consultation with the commissioner of human
services, shall conduct an evaluation of the quality assurance system, and present a report to
the commissioner by June 30, 2004.
History: 1997 c 203 art 7 s 19; 1998 c 407 art 4 s 40; 1999 c 245 art 4 s 63,64; 1Sp2001 c 9
art 3 s 49-55; 2002 c 375 art 2 s 32,33; 2002 c 379 art 1 s 113; 2003 c 15 art 1 s 33; 1Sp2003 c
14 art 3 s 34-39; 2005 c 10 art 1 s 53; 2005 c 56 s 1; 1Sp2005 c 4 art 7 s 25; 2007 c 147 art 7 s 17