256B.096 QUALITY MANAGEMENT, ASSURANCE, AND IMPROVEMENT SYSTEM
FOR MINNESOTANS RECEIVING DISABILITY SERVICES.
    Subdivision 1. Scope. In order to improve the quality of services provided to
Minnesotans with disabilities and to meet the requirements of the federally approved home
and community-based waivers under section 1915c of the Social Security Act, a statewide
quality assurance and improvement system for Minnesotans receiving disability services shall be
developed. The disability services included are the home and community-based services waiver
programs for persons with developmental disabilities under section 256B.092, subdivision 4, and
for persons with disabilities under section 256B.49.
    Subd. 2. Stakeholder advisory group. The commissioner shall consult with a stakeholder
advisory group on the development and implementation of the state quality management,
assurance, and improvement system, including representatives of disability service recipients,
disability service providers, disability advocacy groups, county human service agencies, and state
agency staff from the Departments of Human Services and Health, and the ombudsman for
mental health and developmental disabilities on the development of a statewide quality assurance
and improvement system.
    Subd. 3. Annual survey of service recipients. The commissioner, in consultation with the
stakeholder advisory group, shall develop an annual independent random statewide survey of
between five and ten percent of service recipients to determine the effectiveness and quality of
disability services. The survey shall be consistent with the system performance expectations of the
Centers for Medicare and Medicaid Services quality management requirements and framework.
The survey shall analyze whether desired outcomes have been achieved for persons with different
demographic, diagnostic, health, and functional needs receiving different types of services, in
different settings, with different costs. The survey shall be field tested during 2008. The biennial
report established in subdivision 5 shall include recommendations on statewide and regional
reports of the survey results that, if published, would be useful to regions, counties, and providers
to plan and measure the impact of quality improvement activities.
    Subd. 4. Improvements for incident reporting, investigation, analysis, and follow-up. In
consultation with the stakeholder advisory group, the commissioner shall identify the information,
data sources, and technology needed to improve the system of incident reporting, including:
    (1) reports made under the Maltreatment of Minors and Vulnerable Adults Acts; and
    (2) investigation, analysis, and follow-up for disability services.
The commissioner must ensure that the federal home and community-based waiver requirements
are met and that incidents that may have jeopardized safety and health or violated service-related
assurances, civil and human rights, and other protections designed to prevent abuse, neglect, and
exploitation, are reviewed, investigated, and acted upon in a timely manner.
    Subd. 5. Biennial report. The commissioner shall provide a biennial report to the chairs of
the legislative committees with jurisdiction over health and human services policy and funding
beginning January 15, 2009, on the development and activities of the quality management,
assurance, and improvement system designed to meet the federal requirements under the home
and community-based services waiver programs for persons with disabilities. By January 15,
2008, the commissioner shall provide a preliminary report on priorities for meeting the federal
requirements, progress on development and field testing of the annual survey, appropriations
necessary to implement an annual survey of service recipients once field testing is completed,
recommendations for improvements in the incident reporting system, and a plan for incorporating
quality assurance efforts under section 256B.095 and other regional efforts into the statewide
system.
History: 2007 c 147 art 7 s 18