1998 Minnesota Statutes

     256B.0951 Quality assurance commission. 

    Subdivision 1.    Membership.  The region 10 quality 
 assurance commission is established.  The commission consists of 
 at least 13 but not more than 20 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; and at least three but not more 
 than five members representing counties.  Initial membership of 
 the commission shall be recruited and approved by the region 10 
 stakeholders group.  Prior to approving the commission's 
 membership, the stakeholders group shall provide to the 
 commissioner a list of the membership in the stakeholders group, 
 as of February 1, 1997, a brief summary of meetings held by the 
 group since July 1, 1996, and copies of any materials prepared 
 by the group for public distribution.  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, 2001. 

    Subd. 2.    Authority to hire staff.  The commission may 
 hire staff to perform the duties assigned in this section.  

    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. 

    Subd. 4.    Commission's authority to recommend variances 
 of licensing standards.  The 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 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 
 sections 245.825; 245.91 to 245.97; 245A.04, subdivisions 3, 3a, 
 3b, and 3c; 245A.09, subdivision 2, paragraph (c), clauses (2) 
 and (5); 245A.12; 245A.13; 252.41, subdivision 9; 256B.092, 
 subdivisions 1b, clause (7), and 10; 626.556; 626.557, and 
 procedures for the monitoring of psychotropic medications shall 
 not be varied under the alternative licensing system pilot 
 project.  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 
 referenced in this subdivision. 

    Subd. 6.    Progress report.  The commission shall 
 submit a progress report to the legislature on pilot project 
 development by January 15, 1998.  The report shall include 
 recommendations on any legislative changes necessary to improve 
 cooperation between the commission and the commissioners of 
 human services and health. 

    Subd. 7.    Waiver of rules.  The commissioner of health 
 may exempt residents of intermediate care facilities for persons 
 with mental retardation (ICFs/MR) who participate in the 
 three-year quality assurance pilot project established in 
 section 256B.095 from the requirements of Minnesota Rules, 
 chapter 4665, upon approval by the federal government of a 
 waiver of federal certification requirements for ICFs/MR.  The 
 commissioners of health and human services shall apply for any 
 necessary waivers as soon as practicable and shall submit the 
 concept paper to the federal government by June 1, 1998.  

    HIST: 1997 c 203 art 7 s 19; 1998 c 407 art 4 s 40