39-1806. Establishment of system of funding, quality assurance and contracting.
39-1806
39-1806. Establishment of system of funding, quality assurance andcontracting.To carry out the provisions of this act, the secretary shallestablishafter consultation with representatives of community developmentaldisability organizations and affiliates thereof, and families and consumeradvocates:
(a) A system of adequate and reasonable funding or reimbursement for thedeliveryof community services that:
(1) For persons moving from institutions into the community, directsfunding to follow in an amount not less than that which is required toreimburse community service providers for services as set forth in suchperson's planfor transfer from the institution to community services including expenses ofrelocation and initiation of services;
(2) consolidates federal and state funding sources;
(3) requires an independent, professional review of the rate structures on abiennial basis resulting in a recommendation to the legislature regarding rateadjustments. Such recommendation shall be adequate to support: (A) A system ofemployeecompensation competitive with local conditions; (B) training and technicalsupport to attract and retain qualified employees; (C) a quality assuranceprocess which is responsive to consumers' needs and which maintains thestandards of quality service; (D) risk management and insurance costs; and (E)program management and coordinationresponsibilities;
(b) a system of quality assurance based on standards set out in rules andregulations adopted by the secretary which insures effective service delivery,fiscal accountability and networking cooperation and which allowscommunity service providers to present evidence of attainment ofnational accreditation or compliance with state or federal laws or rules andregulations, or both, to indicate compliance with such standards; and
(c) a system of contracting that:
(1) Authorizes open and equitable negotiation between contracting parties ortheir designated agent or agents;
(2) authorizes mediation by an independent entity chosen by the parties tothe contract in the event of contractdisputes and if mediation is not completed prior to the end of any existingcontract,authorizes an extension of time of such existing contract or entering into atemporarycontract;
(3) requires achievement and maintenance of community services standards bycommunity service providers;
(4) includes compensation for community services which meet theindividualized needs of persons with developmental disabilities for communityservices; and
(5) requires community developmental disability organizations to contractwith those affiliates from whom a person with a developmentaldisability chooses services.
History: L. 1995, ch. 234, § 6; Jan. 1, 1996.