1.1 	A bill for an act
1.2 	relating to human services; modifying the quality
1.3 	assurance system; appropriating money; amending
1.4 	Minnesota Statutes 2004, sections 256B.095; 256B.0951,
1.5 	subdivision 1; 256B.0952, subdivision 5; 256B.0953,
1.6 	subdivision 1.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 256B.095, is
1.9 	amended to read:
1.10 	256B.095 QUALITY ASSURANCE SYSTEM ESTABLISHED.
1.11 	(a) Effective July 1, 1998, a quality assurance system for
1.12 	persons with developmental disabilities, which includes an
1.13 	alternative quality assurance licensing system for programs, is
1.14 	established in Dodge, Fillmore, Freeborn, Goodhue, Houston,
1.15 	Mower, Olmsted, Rice, Steele, Wabasha, and Winona Counties for
1.16 	the purpose of improving the quality of services provided to
1.17 	persons with developmental disabilities.  A county, at its
1.18 	option, may choose to have all programs for persons with
1.19 	developmental disabilities located within the county licensed
1.20 	under chapter 245A using standards determined under the
1.21 	alternative quality assurance licensing system or may continue
1.22 	regulation of these programs under the licensing system operated
1.23 	by the commissioner.  The project expires on June 30, ~~2007~~ 2009.
1.24 	(b) Effective July 1, 2003, a county not listed in
1.25 	paragraph (a) may apply to participate in the quality assurance
1.26 	system established under paragraph (a).  The commission
2.1 	established under section 256B.0951 may, at its option, allow
2.2 	additional counties to participate in the system.
2.3 	(c) Effective July 1, 2003, any county or group of counties
2.4 	not listed in paragraph (a) may establish a quality assurance
2.5 	system under this section.  A new system established under this
2.6 	section shall have the same rights and duties as the system
2.7 	established under paragraph (a).  A new system shall be governed
2.8 	by a commission under section 256B.0951.  The commissioner shall
2.9 	appoint the initial commission members based on recommendations
2.10 	from advocates, families, service providers, and counties in the
2.11 	geographic area included in the new system.  Counties that
2.12 	choose to participate in a new system shall have the duties
2.13 	assigned under section 256B.0952.  The new system shall
2.14 	establish a quality assurance process under section 256B.0953.
2.15 	The provisions of section 256B.0954 shall apply to a new system
2.16 	established under this paragraph.  The commissioner shall
2.17 	delegate authority to a new system established under this
2.18 	paragraph according to section 256B.0955.

2.19 	Sec. 2. Minnesota Statutes 2004, section 256B.0951,
2.20 	subdivision 1, is amended to read:
2.21 		Subdivision 1.Membership.  The Quality Assurance
2.22 	Commission is established.  The commission consists of at least
2.23 	14 but not more than 21 members as follows:  at least three but
2.24 	not more than five members representing advocacy organizations;
2.25 	at least three but not more than five members representing
2.26 	consumers, families, and their legal representatives; at least
2.27 	three but not more than five members representing service
2.28 	providers; at least three but not more than five members
2.29 	representing counties; and the commissioner of human services or
2.30 	the commissioner's designee.  The first commission shall
2.31 	establish membership guidelines for the transition and
2.32 	recruitment of membership for the commission's ongoing
2.33 	existence.  Members of the commission who do not receive a
2.34 	salary or wages from an employer for time spent on commission
2.35 	duties may receive a per diem payment when performing commission
2.36 	duties and functions.  All members may be reimbursed for
3.1 	expenses related to commission activities.  Notwithstanding the
3.2 	provisions of section 15.059, subdivision 5, the commission
3.3 	expires on June 30, ~~2007~~ 2009.

3.4 	Sec. 3. Minnesota Statutes 2004, section 256B.0952,
3.5 	subdivision 5, is amended to read:
3.6 		Subd. 5.Quality assurance teams.  Quality assurance
3.7 	teams shall be comprised of county staff; providers; consumers,
3.8 	families, and their legal representatives; members of advocacy
3.9 	organizations; and other involved community members.  Team
3.10 	members must satisfactorily complete the training program
3.11 	approved by the commission and must demonstrate
3.12 	performance-based competency.  Team members are not considered
3.13 	to be county employees for purposes of workers' compensation,
3.14 	unemployment insurance, or state retirement laws solely on the
3.15 	basis of participation on a quality assurance team.  The county
3.16 	may pay a per diem to team members ~~who do not receive a salary~~
3.17 	~~or wages from an employer~~ for time spent on alternative quality
3.18 	assurance process matters.  All team members may be reimbursed
3.19 	for expenses related to their participation in the alternative
3.20 	process.

3.21 	Sec. 4. Minnesota Statutes 2004, section 256B.0953,
3.22 	subdivision 1, is amended to read:
3.23 		Subdivision 1.Process components.  (a) The quality
3.24 	assurance licensing process consists of an evaluation by a
3.25 	quality assurance team of the facility, program, or service
3.26 	according to outcome-based measurements.  The process must
3.27 	include an evaluation of a random sample of program consumers.
3.28 	The sample must be representative of each service provided.  The
3.29 	sample size must be at least five percent of consumers but not
3.30 	less than ~~three~~ two consumers.
3.31 	(b) All consumers must be given the opportunity to be
3.32 	included in the quality assurance process in addition to those
3.33 	chosen for the random sample.

3.34 	Sec. 5. APPROPRIATIONS.
 3.35 	$299,000 in fiscal year 2006 and $450,000 in fiscal year
3.36 	2007 are appropriated from the general fund to the commissioner
4.1 	of human services for the Quality Assurance Commission under
4.2 	Minnesota Statutes, section 256B.0951.