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Amendment CaShTmL-154386.HTM
    Florida Senate - 2005            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. SB 1476
                        Barcode 154386
    Proposed Committee Substitute by the Committee on Children and
    Families
 1                      A bill to be entitled
 2         An act relating to the Department of Children
 3         and Family Services; providing legislative
 4         intent with respect to establishing a structure
 5         by which the department shall monitor and
 6         manage contracts with external service
 7         providers; providing definitions; requiring the
 8         department to competitively procure certain
 9         commodities and contractual services; requiring
10         the department to allow all public
11         postsecondary institutions to bid on contracts
12         intended for any public postsecondary
13         institution; authorizing the department to
14         competitively procure and contract for systems
15         of treatment or service that involve multiple
16         providers; providing requirements if other
17         governmental entities contribute matching
18         funds; requiring that an entity providing
19         matching funds must comply with certain
20         procurement procedures; authorizing the
21         department to independently procure and
22         contract for treatment services; requiring that
23         the department develop a validated business
24         case before outsourcing any service or
25         function; providing requirements for the
26         business case; requiring that the validated
27         business case be submitted to the Legislature
28         for approval; requiring that a contractual
29         service that has previously been outsourced be
30         subject to the requirements for a validated
31         business case; requiring that a procurement of
                                  1
    5:55 PM   03/14/05                             s1476p-cf00-c9j

Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 contractual services equal to or in excess of 2 the threshold amount for CATEGORY FIVE comply 3 with specified requirements, including a scope 4 of work and performance standards; authorizing 5 the department to adopt incremental penalties 6 by rule; authorizing the department to include 7 cost-neutral, performance-based incentives in a 8 contract; requiring that a contract in excess 9 of $1 million be negotiated by a contract 10 negotiator who is certified according to 11 standards established by the Department of 12 Management Services; limiting circumstances 13 under which the department may amend a 14 contract; requiring that a proposed contract 15 amendment be submitted to the Executive Office 16 of the Governor for approval; requiring 17 approval of a contract amendment by the 18 Administration Commission under certain 19 circumstances; requiring the department to 20 verify that contractural terms have been 21 satisfied before renewing a contract; requiring 22 certain documentation; requiring the department 23 to develop, in consultation with the Department 24 of Management Services, contract templates and 25 guidelines; requiring that the department 26 establish a contract-management process; 27 specifying the requirements for and components 28 of the contract-management process; providing 29 requirements for resolving performance 30 deficiencies and terminating a contract; 31 requiring a corrective-action plan under 2 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 certain circumstances; requiring the department 2 to develop standards of conduct and 3 disciplinary actions; requiring that the 4 department establish contract-monitoring units 5 and a contract-monitoring process; requiring 6 written reports; requiring on-site visits for 7 contracts involving the provision of direct 8 client services; requiring the department to 9 make certain documents available to the 10 Legislature; requiring the department to create 11 an electronic database to store the documents; 12 amending s. 402.73, F.S.; requiring the Agency 13 for Persons with Disabilities to implement 14 systems to ensure quality and fiscal integrity 15 of programs in the developmental services 16 Medicaid waiver system; providing an exemption 17 for health services from competitive bidding 18 requirements; amending s. 409.1671, F.S.; 19 conforming provisions to changes made by the 20 act; requiring that the Office of Program 21 Policy Analysis and Government Accountability 22 conduct two reviews of the contract-management 23 and accountability structures of the department 24 and report to the Legislature and the Auditor 25 General; repealing s. 402.72, F.S., relating to 26 contract-management requirements for the 27 Department of Children and Family Services; 28 providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 3 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 Section 1. Department of Children and Family Services; 2 procurement of contractual services; outsourcing or 3 privatization; contract management.-- 4 (1) LEGISLATIVE INTENT.--The Legislature intends that 5 the Department of Children and Family Services obtain services 6 in the manner that is most efficient and cost-effective for 7 the state, that provides the greatest long-term benefits to 8 the clients receiving services, and that minimizes the 9 disruption of client services. In order to meet these 10 legislative goals, the department shall comply with 11 legislative policy guidelines that require compliance with 12 uniform procedures for procuring contractual services, 13 prescribe how the department must outsource its programmatic 14 and administrative services to external service providers 15 rather than having them provided by the department or another 16 state agency, and establish a contract-management and 17 contract-monitoring process. 18 (2) DEFINITIONS.--As used in this section, the term: 19 (a) "Contract manager" means the department employee 20 who is responsible for enforcing the compliance with 21 administrative and programmatic terms and conditions of a 22 contract. The contract manager is the primary point of contact 23 through which all contracting information flows between the 24 department and the contractor. The contract manager is 25 responsible for day-to-day contract oversight, including 26 approval of contract deliverables and invoices. All actions 27 related to the contract shall be initiated by or coordinated 28 with the contract manager. The contract manager maintains the 29 official contract files. 30 (b) "Contract monitor" means the department employee 31 who is responsible for observing, recording, and reporting to 4 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 the contract manager and other designated entities the 2 information necessary to assist the contract manager and 3 program management in determining whether the contractor is in 4 compliance with the administrative and programmatic terms and 5 conditions of the contract. 6 (c) "Department" means the Department of Children and 7 Family Services. 8 (d) "Outsourcing" means the process of contracting 9 with an external service provider to provide a service, in 10 whole or in part, while the department retains the 11 responsibility and accountability for the service. 12 (e) "Performance measure" means the quantitative 13 indicators used to assess if the service the external provider 14 is performing is achieving the desired results. Measures of 15 performance include outputs, direct counts of program 16 activities, and outcomes or results of program activities in 17 the lives of the clients served. 18 (f) "Performance standard" means the quantifiable, 19 specified, and desired level to be achieved for a particular 20 performance measure. 21 (g) "Privatize" means any process aimed at 22 transferring the responsibility for a service, in whole or in 23 part, from the department to the private sector such that the 24 private sector is solely and fully responsible for the 25 performance of the specific service. 26 (h) "Service" means all or any portion of a program or 27 program component as defined in section 216.011. 28 (3) PROCUREMENT OF COMMODITIES AND CONTRACTUAL 29 SERVICES.-- 30 (a) For the purchase of commodities and contractual 31 services in excess of the threshold amount established in 5 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 section 287.017, Florida Statutes, for CATEGORY TWO, the 2 department shall comply with the requirements set forth in 3 section 287.057, Florida Statutes. 4 (b) Notwithstanding section 287.057(5)(f)13., Florida 5 Statutes, whenever the department intends to contract with a 6 public postsecondary institution to provide a service, the 7 department must allow all public postsecondary institutions in 8 this state that are accredited by the Southern Association of 9 Colleges and Schools to bid on the contract. Thereafter, 10 notwithstanding any other provision to the contrary, if a 11 public postsecondary institution intends to subcontract for 12 any service awarded in the contract, the subcontracted service 13 must be procured by competitive procedures. 14 (c) When it is in the best interest of a defined 15 segment of its consumer population, the department may 16 competitively procure and contract for systems of treatment or 17 service that involve multiple providers, rather than procuring 18 and contracting for treatment or services separately from each 19 participating provider. The department must ensure that all 20 providers that participate in the treatment or service system 21 meet all applicable statutory, regulatory, service-quality, 22 and cost-control requirements. If other governmental entities 23 or units of special purpose government contribute matching 24 funds to the support of a given system of treatment or 25 service, the department shall formally request information 26 from those funding entities in the procurement process and may 27 take the information received into account in the selection 28 process. If a local government contributes matching funds to 29 support the system of treatment or contracted service and if 30 the match constitutes at least 25 percent of the value of the 31 contract, the department shall afford the governmental match 6 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 contributor an opportunity to name an employee as one of the 2 persons required by section 287.057(17), Florida Statutes, to 3 evaluate or negotiate certain contracts, unless the department 4 sets forth in writing the reason why the inclusion would be 5 contrary to the best interest of the state. Any employee so 6 named by the governmental match contributor shall qualify as 7 one of the persons required by section 287.057(17), Florida 8 Statutes. A governmental entity or unit of special purpose 9 government may not name an employee as one of the persons 10 required by section 287.057(17), Florida Statutes, if it, or 11 any of its political subdivisions, executive agencies, or 12 special districts, intends to compete for the contract to be 13 awarded. The governmental funding entity or contributor of 14 matching funds must comply with all procurement procedures set 15 forth in section 287.057, Florida Statutes, when appropriate 16 and required. 17 (d) The department may procure and contract for or 18 provide assessment and case-management services independently 19 from treatment services. 20 (4) SOURCING STANDARDS AND REQUIREMENTS.--If the 21 department proposes to outsource a service, the department 22 must comply with the requirements of this section prior to the 23 procurement process provided for in section 287.057, Florida 24 Statutes. 25 (a) The department shall develop a business case 26 describing and analyzing the service proposed for outsourcing. 27 A business case is part of the solicitation process and is not 28 a rule subject to challenge pursuant to section 120.54, 29 Florida Statutes. The business case must include, but need not 30 be limited to: 31 1. A detailed description of the services to be 7 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 outsourced, a description and analysis of the department's 2 current performance of the service, and a rationale 3 documenting how outsourcing the service would be in the best 4 interest of the state, the department, and its clients. 5 2. A cost-benefit analysis documenting the estimated 6 specific direct and indirect costs, savings, performance 7 improvements, risks, and qualitative and quantitative benefits 8 involved in or resulting from outsourcing the service. The 9 cost-benefit analysis must include a detailed plan and 10 timeline identifying all actions that must be implemented to 11 realize expected benefits. Under section 92.525, Florida 12 Statutes, the Secretary of Children and Family Services shall 13 verify that all costs, savings, and benefits are valid and 14 achievable. 15 3. A description of the specific performance measures 16 and standards that must be achieved through the outsourcing 17 proposal. 18 4. A statement of the potential effect on applicable 19 federal, state, and local revenues and expenditures. The 20 statement must specifically describe the effect on general 21 revenue, trust funds, general revenue service charges, and 22 interest on trust funds, together with the potential direct or 23 indirect effect on federal funding and cost allocations. 24 5. A plan to ensure compliance with public-record 25 laws, which must include components that: 26 a. Provide public access to public records at a cost 27 that does not exceed that provided in chapter 119, Florida 28 Statutes. 29 b. Ensure the confidentiality of records that are 30 exempt from disclosure or confidential under law. 31 c. Meet all legal requirements for record retention. 8 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 d. Allow for transfer to the state, at no cost, all 2 public records in possession of the external service provider 3 upon termination of the contract. 4 6. A department transition and implementation plan for 5 addressing changes in the number of agency personnel, affected 6 business processes, and employee-transition issues. Such a 7 plan must also specify the mechanism for continuing the 8 operation of the service if the contractor fails to perform 9 and comply with the performance measures and standards and 10 provisions of the contract. Within this plan, the department 11 shall identify all resources, including full-time equivalent 12 positions, which are subject to outsourcing. All full-time 13 equivalent positions identified in the plan shall be placed in 14 reserve by the Executive Office of the Governor until the end 15 of the second year of the contract. Notwithstanding the 16 provisions of section 216.262, Florida Statutes, the Executive 17 Office of the Governor shall request authority from the 18 Legislative Budget Commission to reestablish full-time 19 positions above the number fixed by the Legislature when a 20 contract is terminated and the outsourced service must be 21 returned to the department. 22 7. A listing of assets proposed for transfer to or use 23 by the external service provider, a description of the 24 proposed requirements for maintenance of those assets by the 25 external service provider or the department in accordance with 26 chapter 273, Florida Statutes, a plan for their disposition 27 upon termination of the contract, and a description of how the 28 planned asset transfer or use by the contractor is in the best 29 interest of the department and the state. 30 (b)1. If the department proposes to outsource the 31 service in the next fiscal year, the department shall submit 9 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 the business case with the department's final legislative 2 budget request, in the manner and form prescribed in the 3 legislative budget request instructions under section 216.023, 4 Florida Statutes. Upon approval in the General Appropriations 5 Act, the department may initiate and complete the procurement 6 process under section 287.057, Florida Statutes, and shall 7 have the authority to enter into contracts with the external 8 service provider. 9 2. If a proposed outsourcing initiative would require 10 integration with, or would in any way affect other state 11 information technology systems, the department shall submit 12 the feasibility study documentation required by the 13 legislative budget request instructions under section 216.023, 14 Florida Statutes. 15 (c) If the department proposes to outsource a service 16 during a fiscal year and the outsourcing provision was not 17 included in the approved operating budget of the department, 18 the department must provide to the Governor, the President of 19 the Senate, the Speaker of the House of Representatives, the 20 chairs of the legislative appropriations committees, and the 21 chairs of the relevant substantive committees the business 22 case that complies with the requirements of paragraph (a) at 23 least 45 days before the release of any solicitation 24 documents, as provided for in section 287.057, Florida 25 Statutes. Any budgetary changes that are inconsistent with the 26 department's approved budget may not be made to existing 27 programs unless the changes are recommended to the Legislative 28 Budget Commission by the Governor and the Legislative Budget 29 Commission expressly approves the program changes. 30 (d) The department may not privatize a service without 31 specific authority provided in general law, the General 10 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 Appropriations Act, legislation implementing the General 2 Appropriations Act, or a special appropriations act. 3 (5) CONTRACTING AND PERFORMANCE MEASURES.--In addition 4 to the requirements of section 287.058, Florida Statutes, 5 every procurement of contractual services by the department 6 which meets or is in excess of the threshold amount provided 7 in section 287.017, Florida Statutes, for CATEGORY FIVE, must 8 comply with the requirements of this subsection. 9 (a) The department shall execute a contract containing 10 all provisions and conditions, which must include, but need 11 not be limited to: 12 1. A detailed scope of work that clearly specifies 13 each service and deliverable to be provided, including a 14 description of each deliverable or activity that is 15 quantifiable, measurable, and verifiable the department and 16 the contractor. 17 2. Associated costs and savings, specific payment 18 terms and payment schedules, including incentive and penalty 19 provisions, criteria governing payment, and a clear and 20 specific schedule to complete all required activities needed 21 to transfer the service from the state to the contractor. 22 3. Clear and specific identification of all required 23 performance measures and standards, which must, at a minimum, 24 include: 25 a. Acceptance criteria for each deliverable and 26 service to be provided to the department under the terms of 27 the contract which document, to the greatest extent possible, 28 the required performance level. Acceptance criteria must be 29 detailed, clear, and unambiguous and shall be used to measure 30 deliverables and services to be provided under the contract. 31 b. A method for monitoring and reporting progress in 11 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 achieving specified performance standards and levels. 2 c. The sanctions or penalties that shall be assessed 3 for contract or state nonperformance. The department may 4 adopt, by rule, provisions for including in its contracts 5 incremental penalties to be imposed by its contract managers 6 on a contractor due to the contractor's failure to comply with 7 a requirement for corrective action. Any financial penalty 8 that is imposed upon a contractor may not be paid from funds 9 being used to provide services to clients, and the contractor 10 may not reduce the amount of services being delivered to 11 clients as a method for offsetting the effect of the penalty. 12 If a financial penalty is imposed upon a contractor that is a 13 corporation, the department shall notify, at a minimum, the 14 board of directors of the corporation. The department may 15 notify any additional parties that the department believes may 16 be helpful in obtaining the corrective action that is being 17 sought. In addition, the rules adopted by the department must 18 include provisions that permit the department to deduct the 19 financial penalties from funds that would otherwise be due to 20 the contractor, not to exceed 10 percent of the amount that 21 otherwise would be due to the contractor for the period of 22 noncompliance. If the department imposes a financial penalty, 23 it shall advise the contractor in writing of the cause for the 24 penalty. A failure to include such deductions in a request for 25 payment constitutes grounds for the department to reject that 26 request for payment. The remedies identified in this paragraph 27 do not limit or restrict the department's application of any 28 other remedy available to it in the contract or under law. The 29 remedies described in this paragraph may be cumulative and may 30 be assessed upon each separate failure to comply with 31 instructions from the department to complete corrective 12 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 action. 2 4. A requirement that the contractor maintain adequate 3 accounting records that comply with all applicable federal and 4 state laws and generally accepted accounting principles. 5 5. A requirement authorizing the department and state 6 to have access to and conduct audits of all records related to 7 the contract and outsourced services. 8 6. A requirement that ownership of any intellectual 9 property developed in the course of, or as a result of, work 10 or services performed under the contract shall transfer to the 11 state if the contractor ceases to provide the outsourced 12 service. 13 7. A requirement describing the timing and substance 14 of all plans and status or progress reports that are to be 15 provided. All plans and status or progress reports must comply 16 with any relevant state and federal standards for planning, 17 implementation, operations, and oversight. 18 8. A requirement that the contractor shall comply with 19 public-record laws. The contractor shall: 20 a. Keep and maintain the public records that 21 ordinarily and necessarily would be required by the department 22 to perform the service. 23 b. Provide public access to such public records on the 24 same terms and conditions that the department would and at a 25 cost that does not exceed that provided in chapter 119. 26 c. Ensure the confidentiality of records that are 27 exempt from disclosure or confidential under law. 28 d. Meet all legal and auditing requirements for record 29 retention, and transfer to the state, at no cost to the state, 30 all public records in possession of the contractor upon 31 termination of the contract. All records stored electronically 13 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 must be provided to the state in the format compatible with 2 state information technology systems. 3 9. A requirement that any state funds provided for the 4 purchase of or improvements to real property are contingent 5 upon the contractor granting to the state a security interest 6 in the property which is at least equal to the amount of the 7 state funds provided for at least 5 years following the date 8 of purchase or the completion of the improvements or as 9 further required by law. The contract must include a provision 10 that, as a condition of receipt of state funding for this 11 purpose, the contractor agrees that, if it disposes of the 12 property before the department's interest is vacated, the 13 contractor must refund the proportionate share of the state's 14 initial investment, as adjusted by depreciation. 15 10. A provision that the contractor annually submit 16 and verify, under section 92.525, Florida Statutes, all 17 required financial statements. 18 11. A provision that the contractor will be held 19 responsible and accountable for all work covered under the 20 contract including any work performed by subcontractors. The 21 contract must state that the department may monitor the 22 performance of any subcontractor. 23 (b) A contract may include cost-neutral, 24 performance-based incentives that may vary according to the 25 extent a contractor achieves or surpasses the performance 26 standards set forth in the contract. The incentives may be 27 weighted proportionally to reflect the extent to which the 28 contractor has demonstrated that it has consistently met or 29 exceeded the contractual requirements and the performance 30 standards. 31 (c) The department shall review the time period for 14 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 which it executes contracts and, to the greatest extent 2 practicable, shall execute multiyear contracts to make the 3 most efficient use of the resources devoted to contract 4 processing and execution. 5 (d) When the annualized value of a contract is in 6 excess of $1 million, at least one of the persons conducting 7 negotiations must be certified as a contract negotiator based 8 upon standards established by the Department of Management 9 Services. 10 (e) The department may not amend a contract without 11 first submitting the proposed contract amendment to the 12 Executive Office of the Governor for approval if the effect of 13 the amendment would be to increase: 14 1. The value of the contract by $250,000; or 15 2. The term of the contract by 1 year or more. 16 17 When the department proposes any contract amendment that meets 18 the criteria described in this paragraph, it shall submit the 19 proposed contract amendment to the Executive Office of the 20 Governor for approval and shall immediately notify the chairs 21 of the legislative appropriations committees. The Executive 22 Office of the Governor may not approve the proposed contract 23 amendment until 14 days following receipt of the notification 24 to the legislative appropriations chairs. If either chair of 25 the legislative appropriations committees objects in writing 26 to a proposed contract amendment within 14 days following 27 notification and specifies the reasons for the objection, the 28 Executive Office of the Governor shall disapprove the proposed 29 contract amendment or shall submit the proposed contract 30 amendment to the Administration Commission. The proposed 31 contract amendment may be approved by the Administration 15 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 Commission by a two-thirds vote of the members present with 2 the Governor voting in the affirmative. In the absence of 3 approval by the commission, the proposed contract amendment 4 shall be automatically disapproved. Otherwise, upon approval 5 by the Governor or Administration Commission, the department 6 may execute the contract amendment. 7 (e) An amendment that is issued under legislative 8 direction, including funding adjustments annually provided for 9 in the General Appropriations Act or the federal 10 appropriations acts, need not be submitted for approval in 11 accordance with paragraph (d). 12 (f) In addition to the requirements of section 13 287.057(14), Florida Statutes, the department shall verify 14 that all specific direct and indirect costs, savings, 15 performance measures and standards, and qualitative and 16 quantitative benefits identified in the original contract have 17 been satisfied by a contractor or the department before the 18 contract is renewed. The documentation must include an 19 explanation of any differences between the required 20 performance as identified in the contract and the actual 21 performance of the contractor. The documentation must be 22 included in the official contract file. 23 (g) The department shall, in consultation with the 24 Department of Management Services, develop contract templates 25 and guidelines that define the mandatory contract provisions 26 and other requirements identified in this subsection and that 27 must be used for all contractual service contracts meeting the 28 requirements of this subsection. All contract templates and 29 guidelines shall be developed by September 30, 2005. 30 (6) CONTRACT-MANAGEMENT REQUIREMENTS AND 31 PROCESS.--Notwithstanding section 287.057(15), Florida 16 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 Statutes, the department is responsible for establishing a 2 contract-management process that requires a member of the 3 department's Senior Management Service to assign in writing 4 the responsibility of a contract to a contract manager. The 5 department shall maintain a set of procedures describing its 6 contract-management process which must minimally include the 7 following requirements: 8 (a) The contract manager shall maintain the official 9 contract file throughout the duration of the contract and for 10 a period not less than 6 years after the termination of the 11 contract. 12 (b) The contract manager shall review all invoices for 13 compliance with the criteria and payment schedule provided for 14 in the contract and shall approve payment of all invoices 15 before their transmission to the Department of Financial 16 Services for payment. Only the contract manager shall approve 17 the invoices for a specific contract, unless the contract 18 manager is temporarily unavailable to review an invoice. The 19 contract file must contain an explanation for any periods of 20 temporary unavailability of the assigned contract manager. For 21 any individual invoice in excess of $500,000, a member of the 22 Selected Exempt Service or Senior Management Service shall 23 also sign payment approval of the invoice. For any individual 24 invoice in excess of $1 million, a member of the Senior 25 Management Service shall also sign payment approval of the 26 invoice. 27 (c) The contract manager shall maintain a schedule of 28 payments and total amounts disbursed and shall periodically 29 reconcile the records with the state's official accounting 30 records. 31 (d) For contracts involving the provision of direct 17 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 client services, the contract manager shall periodically visit 2 the physical location where the services are delivered and 3 speak directly to clients receiving the services and the staff 4 responsible for delivering the services. 5 (e) For contracts for which the contractor is a 6 corporation, the contract manager shall attend at least one 7 board meeting semiannually, if held and if within 100 miles of 8 the contract manager's official headquarters. 9 (f) The contract manager shall meet at least once a 10 month directly with the contractor's representative and 11 maintain records of such meetings. 12 (g) The contract manager shall periodically document 13 any differences between the required performance measures and 14 the actual performance measures. If a contractor fails to meet 15 and comply with the performance measures established in the 16 contract, the department may allow a reasonable period for the 17 contractor to correct performance deficiencies. If performance 18 deficiencies are not resolved to the satisfaction of the 19 department within the prescribed time, and if no extenuating 20 circumstances can be documented by the contractor to the 21 department's satisfaction, the department must terminate the 22 contract. The department may not enter into a new contract 23 with that same contractor for the services for which the 24 contract was previously terminated for a period of at least 24 25 months after the date of termination. The contract manager 26 shall obtain and enforce corrective-action plans, if 27 appropriate, and maintain records regarding the completion or 28 failure to complete corrective-action items. 29 (h) The contract manager shall document any contract 30 modifications, which shall include recording any contract 31 amendments as provided for in this section. 18 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 (i) The contract manager shall be properly trained 2 before being assigned responsibility for any contract. 3 4 The department shall develop standards of conduct and a range 5 of disciplinary actions for its employees which are 6 specifically related to carrying out contract-management 7 responsibilities. 8 (7) CONTRACT-MONITORING REQUIREMENTS AND PROCESS.--The 9 department shall establish contract-monitoring units staffed 10 by full-time career service employees who report to a member 11 of the Select Exempt Service or Senior Management Service and 12 who have been properly trained to perform contract monitoring. 13 A member of the Senior Management Service shall assign in 14 writing a specific contract to a contract-monitoring unit, 15 with at least one member of the contract-monitoring unit 16 possessing specific knowledge and experience in the contract's 17 program area. The department shall establish a 18 contract-monitoring process that must include, but need not be 19 limited to, the following requirements: 20 (a) Performing a risk assessment at the start of each 21 fiscal year and preparing an annual contract-monitoring 22 schedule that includes consideration for the level of risk 23 assigned. The department may monitor any contract at any time 24 regardless of whether such monitoring was originally included 25 in the annual contract-monitoring schedule. 26 (b) Preparing a contract-monitoring plan, including 27 sampling procedures, before performing on-site monitoring at 28 external locations of a service provider. The plan must 29 include a description of the programmatic, fiscal, and 30 administrative components that will be monitored on-site. If 31 appropriate, clinical and therapeutic components may be 19 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 included. 2 (c) Conducting analyses of the performance and 3 compliance of an external service provider by means of desk 4 reviews if the external service provider will not be monitored 5 on-site during a fiscal year. 6 (d) Unless the department sets forth in writing the 7 need for an extension, providing a written report presenting 8 the results of the monitoring within 30 days after the 9 completion of the on-site monitoring or desk review. Report 10 extensions may not exceed 30 days after the original 11 completion date. The department shall develop and use a 12 standard contract-monitoring report format and shall provide 13 access to the reports by means of a website that is available 14 to the Legislature. 15 (e) For contracts involving the provision of direct 16 client services, requiring the contract monitor to visit the 17 physical location where the services are being delivered and 18 to speak directly to the clients receiving the services and 19 with the staff responsible for delivering the services. 20 (f) Developing and maintaining a set of procedures 21 describing the contract-monitoring process. 22 23 The department shall develop standards of conduct and a range 24 of disciplinary actions for its employees which are 25 specifically related to carrying out contract-monitoring 26 responsibilities. 27 (8) REPORTS TO THE LEGISLATURE.--Beginning October 1, 28 2005, the department shall make available to the Legislature 29 electronically all documents associated with the procurement 30 and contracting functions of the department. The documents in 31 the database must include, but are not limited to, all: 20 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 (a) Business cases; 2 (b) Procurement documents; 3 (c) Contracts and any related files, attachments, or 4 amendments; 5 (d) Contract monitoring reports; 6 (e) Corrective action plans and reports of corrective 7 actions taken when contractor performance deficiencies are 8 identified; and 9 (f) Status reports on all outsourcing initiatives 10 describing the progress by the department towards achieving 11 the business objectives, costs, savings, and quantifiable 12 benefits identified in the business case. 13 Section 2. Section 402.73, Florida Statutes, is 14 amended to read: 15 402.73 Contracting and performance standards.-- 16 (1) The Department of Children and Family Services 17 shall establish performance standards for all contracted 18 client services. Notwithstanding s. 287.057(5)(f), the 19 department must competitively procure any contract for client 20 services when any of the following occurs: 21 (a) The provider fails to meet appropriate performance 22 standards established by the department after the provider has 23 been given a reasonable opportunity to achieve the established 24 standards. 25 (b) A new program or service has been authorized and 26 funded by the Legislature and the annual value of the contract 27 for such program or service is $300,000 or more. 28 (c) The department has concluded, after reviewing 29 market prices and available treatment options, that there is 30 evidence that the department can improve the performance 31 outcomes produced by its contract resources. At a minimum, the 21 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 department shall review market prices and available treatment 2 options biennially. The department shall compile the results 3 of the biennial review and include the results in its annual 4 performance report to the Legislature pursuant to chapter 5 94-249, Laws of Florida. The department shall provide notice 6 and an opportunity for public comment on its review of market 7 prices and available treatment options. 8 (2) The competitive requirements of subsection (1) 9 must be initiated for each contract that meets the criteria of 10 this subsection, unless the secretary makes a written 11 determination that particular facts and circumstances require 12 deferral of the competitive process. Facts and circumstances 13 must be specifically described for each individual contract 14 proposed for deferral and must include one or more of the 15 following: 16 (a) An immediate threat to the health, safety, or 17 welfare of the department's clients. 18 (b) A threat to appropriate use or disposition of 19 facilities that have been financed in whole, or in substantial 20 part, through contracts or agreements with a state agency. 21 (c) A threat to the service infrastructure of a 22 community which could endanger the well-being of the 23 department's clients. 24 25 Competitive procurement of client services contracts that meet 26 the criteria in subsection (1) may not be deferred for longer 27 than 1 year. 28 (3) The Legislature intends that the department obtain 29 services in the manner that is most cost-effective for the 30 state, that provides the greatest long-term benefits to the 31 clients receiving services, and that minimizes the disruption 22 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 of client services. In order to meet these legislative goals, 2 the department may adopt rules providing procedures for the 3 competitive procurement of contracted client services which 4 represent an alternative to the request-for-proposal or 5 invitation-to-bid process. The alternative competitive 6 procedures shall permit the department to solicit professional 7 qualifications from prospective providers and to evaluate such 8 statements of qualification before requesting service 9 proposals. The department may limit the firms invited to 10 submit service proposals to only those firms that have 11 demonstrated the highest level of professional capability to 12 provide the services under consideration, but may not invite 13 fewer than three firms to submit service proposals, unless 14 fewer than three firms submitted satisfactory statements of 15 qualification. The alternative procedures must, at a minimum, 16 allow the department to evaluate competing proposals and 17 select the proposal that provides the greatest benefit to the 18 state while considering the quality of the services, 19 dependability, and integrity of the provider, the 20 dependability of the provider's services, the experience of 21 the provider in serving target populations or client groups 22 substantially identical to members of the target population 23 for the contract in question, and the ability of the provider 24 to secure local funds to support the delivery of services, 25 including, but not limited to, funds derived from local 26 governments. These alternative procedures need not conform to 27 the requirements of s. 287.042 or s. 287.057(1) or (2). 28 (4) The department shall review the period for which 29 it executes contracts and, to the greatest extent practicable, 30 shall execute multiyear contracts to make the most efficient 31 use of the resources devoted to contract processing and 23 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 execution. 2 (5) When it is in the best interest of a defined 3 segment of its consumer population, the department may 4 competitively procure and contract for systems of treatment or 5 service that involve multiple providers, rather than procuring 6 and contracting for treatment or services separately from each 7 participating provider. The department must ensure that all 8 providers that participate in the treatment or service system 9 meet all applicable statutory, regulatory, service-quality, 10 and cost-control requirements. If other governmental entities 11 or units of special purpose government contribute matching 12 funds to the support of a given system of treatment or 13 service, the department shall formally request information 14 from those funding entities in the procurement process and may 15 take the information received into account in the selection 16 process. If a local government contributes match to support 17 the system of treatment or contracted service and if the match 18 constitutes at least 25 percent of the value of the contract, 19 the department shall afford the governmental match contributor 20 an opportunity to name an employee as one of the persons 21 required by s. 287.057(17) to evaluate or negotiate certain 22 contracts, unless the department sets forth in writing the 23 reason why such inclusion would be contrary to the best 24 interest of the state. Any employee so named by the 25 governmental match contributor shall qualify as one of the 26 persons required by s. 287.057(17). No governmental entity or 27 unit of special purpose government may name an employee as one 28 of the persons required by s. 287.057(17) if it, or any of its 29 political subdivisions, executive agencies, or special 30 districts, intends to compete for the contract to be awarded. 31 The governmental funding entity or match contributor shall 24 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 comply with any deadlines and procurement procedures 2 established by the department. The department may also involve 3 nongovernmental funding entities in the procurement process 4 when appropriate. 5 (6) The department may contract for or provide 6 assessment and case management services independently from 7 treatment services. 8 (7) The department shall adopt, by rule, provisions 9 for including in its contracts incremental penalties to be 10 imposed by its contract managers on a service provider due to 11 the provider's failure to comply with a requirement for 12 corrective action. Any financial penalty that is imposed upon 13 a provider may not be paid from funds being used to provide 14 services to clients, and the provider may not reduce the 15 amount of services being delivered to clients as a method for 16 offsetting the impact of the penalty. If a financial penalty 17 is imposed upon a provider that is a corporation, the 18 department shall notify, at a minimum, the board of directors 19 of the corporation. The department may notify, at its 20 discretion, any additional parties that the department 21 believes may be helpful in obtaining the corrective action 22 that is being sought. Further, the rules adopted by the 23 department must include provisions that permit the department 24 to deduct the financial penalties from funds that would 25 otherwise be due to the provider, not to exceed 10 percent of 26 the amount that otherwise would be due to the provider for the 27 period of noncompliance. If the department imposes a financial 28 penalty, it shall advise the provider in writing of the cause 29 for the penalty. A failure to include such deductions in a 30 request for payment constitutes a ground for the department to 31 reject that request for payment. The remedies identified in 25 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 this subsection do not limit or restrict the department's 2 application of any other remedy available to it in the 3 contract or under law. The remedies described in this 4 subsection may be cumulative and may be assessed upon each 5 separate failure to comply with instructions from the 6 department to complete corrective action. 7 (8) The department shall develop standards of conduct 8 and a range of disciplinary actions for its employees which 9 are specifically related to carrying out contracting 10 responsibilities. 11 (1)(9) The Agency for Persons with Disabilities 12 department must implement systems and controls to ensure 13 financial integrity and service provision quality in the 14 developmental services Medicaid waiver service system. 15 (10) If a provider fails to meet the performance 16 standards established in the contract, the department may 17 allow a reasonable period for the provider to correct 18 performance deficiencies. If performance deficiencies are not 19 resolved to the satisfaction of the department within the 20 prescribed time, and if no extenuating circumstances can be 21 documented by the provider to the department's satisfaction, 22 the department must cancel the contract with the provider. The 23 department may not enter into a new contract with that same 24 provider for the services for which the contract was 25 previously canceled for a period of at least 24 months after 26 the date of cancellation. If an adult substance abuse services 27 provider fails to meet the performance standards established 28 in the contract, the department may allow a reasonable period, 29 not to exceed 6 months, for the provider to correct 30 performance deficiencies. If the performance deficiencies are 31 not resolved to the satisfaction of the department within 6 26 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 months, the department must cancel the contract with the adult 2 substance abuse provider, unless there is no other qualified 3 provider in the service district. 4 (11) The department shall include in its standard 5 contract document a requirement that any state funds provided 6 for the purchase of or improvements to real property are 7 contingent upon the contractor or political subdivision 8 granting to the state a security interest in the property at 9 least to the amount of the state funds provided for at least 5 10 years from the date of purchase or the completion of the 11 improvements or as further required by law. The contract must 12 include a provision that, as a condition of receipt of state 13 funding for this purpose, the provider agrees that, if it 14 disposes of the property before the department's interest is 15 vacated, the provider will refund the proportionate share of 16 the state's initial investment, as adjusted by depreciation. 17 (12) The department shall develop and refine 18 contracting and accountability methods that are 19 administratively efficient and that provide for optimal 20 provider performance. 21 (13) The department may competitively procure any 22 contract when it deems it is in the best interest of the state 23 to do so. The requirements described in subsection (1) do not, 24 and may not be construed to, limit in any way the department's 25 ability to competitively procure any contract it executes, and 26 the absence of any or all of the criteria described in 27 subsection (1) may not be used as the basis for an 28 administrative or judicial protest of the department's 29 determination to conduct competition, make an award, or 30 execute any contract. 31 (14) A contract may include cost-neutral, 27 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 performance-based incentives that may vary according to the 2 extent a provider achieves or surpasses the performance 3 standards set forth in the contract. Such incentives may be 4 weighted proportionally to reflect the extent to which the 5 provider has demonstrated that it has consistently met or 6 exceeded the contractual requirements and the department's 7 performance standards. 8 (2)(15) Nothing contained in chapter 287 shall require 9 competitive bids for health services involving examination, 10 diagnosis, or treatment. 11 Section 3. Paragraphs (a), (b), (e), (f), and (g) of 12 subsection (1), paragraph (b) of subsection (2), paragraph (a) 13 of subsection (4), and subsections (6) and (9) of section 14 409.1671, Florida Statutes, are amended to read: 15 409.1671 Foster care and related services; 16 privatization.-- 17 (1)(a) It is the intent of the Legislature that the 18 Department of Children and Family Services shall outsource 19 privatize the provision of foster care and related services 20 statewide. It is further the Legislature's intent to encourage 21 communities and other stakeholders in the well-being of 22 children to participate in assuring that children are safe and 23 well-nurtured. However, while recognizing that some local 24 governments are presently funding portions of certain foster 25 care and related services programs and may choose to expand 26 such funding in the future, the Legislature does not intend by 27 its outsourcing privatization of foster care and related 28 services that any county, municipality, or special district be 29 required to assist in funding programs that previously have 30 been funded by the state. Counties that provide children and 31 family services with at least 40 licensed residential group 28 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 care beds by July 1, 2003, and provide at least $2 million 2 annually in county general revenue funds to supplement foster 3 and family care services shall continue to contract directly 4 with the state and shall be exempt from the provisions of this 5 section. Nothing in this paragraph prohibits any county, 6 municipality, or special district from future voluntary 7 funding participation in foster care and related services. As 8 used in this section, the term "outsource" "privatize" means 9 to contract with competent, community-based agencies. The 10 department shall submit a plan to accomplish outsourcing 11 privatization statewide, through a competitive process, phased 12 in over a 3-year period beginning January 1, 2000. This plan 13 must be developed with local community participation, 14 including, but not limited to, input from community-based 15 providers that are currently under contract with the 16 department to furnish community-based foster care and related 17 services, and must include a methodology for determining and 18 transferring all available funds, including federal funds that 19 the provider is eligible for and agrees to earn and that 20 portion of general revenue funds which is currently associated 21 with the services that are being furnished under contract. The 22 methodology must provide for the transfer of funds 23 appropriated and budgeted for all services and programs that 24 have been incorporated into the project, including all 25 management, capital (including current furniture and 26 equipment), and administrative funds to accomplish the 27 transfer of these programs. This methodology must address 28 expected workload and at least the 3 previous years' 29 experience in expenses and workload. With respect to any 30 district or portion of a district in which outsourcing 31 privatization cannot be accomplished within the 3-year 29 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 timeframe, the department must clearly state in its plan the 2 reasons the timeframe cannot be met and the efforts that 3 should be made to remediate the obstacles, which may include 4 alternatives to total outsourcing privatization, such as 5 public-private partnerships. As used in this section, the term 6 "related services" includes, but is not limited to, family 7 preservation, independent living, emergency shelter, 8 residential group care, foster care, therapeutic foster care, 9 intensive residential treatment, foster care supervision, case 10 management, postplacement supervision, permanent foster care, 11 and family reunification. Unless otherwise provided for, the 12 state attorney shall provide child welfare legal services, 13 pursuant to chapter 39 and other relevant provisions, in 14 Pinellas and Pasco Counties. When a private nonprofit agency 15 has received case management responsibilities, transferred 16 from the state under this section, for a child who is 17 sheltered or found to be dependent and who is assigned to the 18 care of the outsourcing privatization project, the agency may 19 act as the child's guardian for the purpose of registering the 20 child in school if a parent or guardian of the child is 21 unavailable and his or her whereabouts cannot reasonably be 22 ascertained. The private nonprofit agency may also seek 23 emergency medical attention for such a child, but only if a 24 parent or guardian of the child is unavailable, his or her 25 whereabouts cannot reasonably be ascertained, and a court 26 order for such emergency medical services cannot be obtained 27 because of the severity of the emergency or because it is 28 after normal working hours. However, the provider may not 29 consent to sterilization, abortion, or termination of life 30 support. If a child's parents' rights have been terminated, 31 the nonprofit agency shall act as guardian of the child in all 30 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 circumstances. 2 (b) It is the intent of the Legislature that the 3 department will continue to work towards full outsourcing 4 privatization in a manner that assures the viability of the 5 community-based system of care and best provides for the 6 safety of children in the child protection system. To this 7 end, the department is directed to continue the process of 8 outsourcing privatizing services in those counties in which 9 signed startup contracts have been executed. The department 10 may also continue to enter into startup contracts with 11 additional counties. However, no services shall be transferred 12 to a community-based care lead agency until the department, in 13 consultation with the local community alliance, has determined 14 and certified in writing to the Governor and the Legislature 15 that the district is prepared to transition the provision of 16 services to the lead agency and that the lead agency is ready 17 to deliver and be accountable for such service provision. In 18 making this determination, the department shall conduct a 19 readiness assessment of the district and the lead agency. 20 1. The assessment shall evaluate the operational 21 readiness of the district and the lead agency based on: 22 a. A set of uniform criteria, developed in 23 consultation with currently operating community-based care 24 lead agencies and reflecting national accreditation standards, 25 that evaluate programmatic, financial, technical assistance, 26 training and organizational competencies; and 27 b. Local criteria reflective of the local 28 community-based care design and the community alliance 29 priorities. 30 2. The readiness assessment shall be conducted by a 31 joint team of district and lead agency staff with direct 31 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 experience with the start up and operation of a 2 community-based care service program and representatives from 3 the appropriate community alliance. Within resources available 4 for this purpose, the department may secure outside audit 5 expertise when necessary to assist a readiness assessment 6 team. 7 3. Upon completion of a readiness assessment, the 8 assessment team shall conduct an exit conference with the 9 district and lead agency staff responsible for the transition. 10 4. Within 30 days following the exit conference with 11 staff of each district and lead agency, the secretary shall 12 certify in writing to the Governor and the Legislature that 13 both the district and the lead agency are prepared to begin 14 the transition of service provision based on the results of 15 the readiness assessment and the exit conference. The document 16 of certification must include specific evidence of readiness 17 on each element of the readiness instrument utilized by the 18 assessment team as well as a description of each element of 19 readiness needing improvement and strategies being implemented 20 to address each one. 21 (e) As used in this section, the term "eligible lead 22 community-based provider" means a single agency with which the 23 department shall contract for the provision of child 24 protective services in a community that is no smaller than a 25 county. The secretary of the department may authorize more 26 than one eligible lead community-based provider within a 27 single county when to do so will result in more effective 28 delivery of foster care and related services. To compete for 29 an outsourcing a privatization project, such agency must have: 30 1. The ability to coordinate, integrate, and manage 31 all child protective services in the designated community in 32 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 cooperation with child protective investigations. 2 2. The ability to ensure continuity of care from entry 3 to exit for all children referred from the protective 4 investigation and court systems. 5 3. The ability to provide directly, or contract for 6 through a local network of providers, all necessary child 7 protective services. Such agencies should directly provide no 8 more than 35 percent of all child protective services 9 provided. 10 4. The willingness to accept accountability for 11 meeting the outcomes and performance standards related to 12 child protective services established by the Legislature and 13 the Federal Government. 14 5. The capability and the willingness to serve all 15 children referred to it from the protective investigation and 16 court systems, regardless of the level of funding allocated to 17 the community by the state, provided all related funding is 18 transferred. 19 6. The willingness to ensure that each individual who 20 provides child protective services completes the training 21 required of child protective service workers by the Department 22 of Children and Family Services. 23 7. The ability to maintain eligibility to receive all 24 federal child welfare funds, including Title IV-E and IV-A 25 funds, currently being used by the Department of Children and 26 Family Services. 27 8. Written agreements with Healthy Families Florida 28 lead entities in their community, pursuant to s. 409.153, to 29 promote cooperative planning for the provision of prevention 30 and intervention services. 31 9. A board of directors, of which at least 51 percent 33 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 of the membership is comprised of persons residing in this 2 state. Of the state residents, at least 51 percent must also 3 reside within the service area of the lead community-based 4 provider. 5 (f)1. The Legislature finds that the state has 6 traditionally provided foster care services to children who 7 have been the responsibility of the state. As such, foster 8 children have not had the right to recover for injuries beyond 9 the limitations specified in s. 768.28. The Legislature has 10 determined that foster care and related services need to be 11 outsourced privatized pursuant to this section and that the 12 provision of such services is of paramount importance to the 13 state. The purpose for such outsourcing privatization is to 14 increase the level of safety, security, and stability of 15 children who are or become the responsibility of the state. 16 One of the components necessary to secure a safe and stable 17 environment for such children is that private providers 18 maintain liability insurance. As such, insurance needs to be 19 available and remain available to nongovernmental foster care 20 and related services providers without the resources of such 21 providers being significantly reduced by the cost of 22 maintaining such insurance. 23 2. The Legislature further finds that, by requiring 24 the following minimum levels of insurance, children in 25 outsourced privatized foster care and related services will 26 gain increased protection and rights of recovery in the event 27 of injury than provided for in s. 768.28. 28 (g) In any county in which a service contract has not 29 been executed by December 31, 2004, the department shall 30 ensure access to a model comprehensive residential services 31 program as described in s. 409.1677 which, without imposing 34 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 undue financial, geographic, or other barriers, ensures 2 reasonable and appropriate participation by the family in the 3 child's program. 4 1. In order to ensure that the program is operational 5 by December 31, 2004, the department must, by December 31, 6 2003, begin the process of establishing access to a program in 7 any county in which the department has not either entered into 8 a transition contract or approved a community plan, as 9 described in paragraph (d), which ensures full outsourcing 10 privatization by the statutory deadline. 11 2. The program must be procured through a competitive 12 process. 13 3. The Legislature does not intend for the provisions 14 of this paragraph to substitute for the requirement that full 15 conversion to community-based care be accomplished. 16 (2) 17 (b) Persons employed by the department in the 18 provision of foster care and related services whose positions 19 are being outsourced under privatized pursuant to this statute 20 shall be given hiring preference by the provider, if provider 21 qualifications are met. 22 (4)(a) The department, in consultation with the 23 community-based agencies that are undertaking the outsourced 24 privatized projects, shall establish a quality assurance 25 program for privatized services. The quality assurance program 26 shall be based on standards established by the Adoption and 27 Safe Families Act as well as by a national accrediting 28 organization such as the Council on Accreditation of Services 29 for Families and Children, Inc. (COA) or CARF--the 30 Rehabilitation Accreditation Commission. Each program operated 31 under contract with a community-based agency must be evaluated 35 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 annually by the department. The department shall, to the 2 extent possible, use independent financial audits provided by 3 the community-based care agency to eliminate or reduce the 4 ongoing contract and administrative reviews conducted by the 5 department. The department may suggest additional items to be 6 included in such independent financial audits to meet the 7 department's needs. Should the department determine that such 8 independent financial audits are inadequate, then other 9 audits, as necessary, may be conducted by the department. 10 Nothing herein shall abrogate the requirements of s. 215.97. 11 The department shall submit an annual report regarding quality 12 performance, outcome measure attainment, and cost efficiency 13 to the President of the Senate, the Speaker of the House of 14 Representatives, the minority leader of each house of the 15 Legislature, and the Governor no later than January 31 of each 16 year for each project in operation during the preceding fiscal 17 year. 18 (6) Beginning January 1, 1999, and continuing at least 19 through June 30, 2000, the Department of Children and Family 20 Services shall outsource privatize all foster care and related 21 services in district 5 while continuing to contract with the 22 current model programs in districts 1, 4, and 13, and in 23 subdistrict 8A, and shall expand the subdistrict 8A pilot 24 program to incorporate Manatee County. Planning for the 25 district 5 outsourcing privatization shall be done by 26 providers that are currently under contract with the 27 department for foster care and related services and shall be 28 done in consultation with the department. A lead provider of 29 the district 5 program shall be competitively selected, must 30 demonstrate the ability to provide necessary comprehensive 31 services through a local network of providers, and must meet 36 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 criteria established in this section. Contracts with 2 organizations responsible for the model programs must include 3 the management and administration of all outsourced privatized 4 services specified in subsection (1). However, the department 5 may use funds for contract management only after obtaining 6 written approval from the Executive Office of the Governor. 7 The request for such approval must include, but is not limited 8 to, a statement of the proposed amount of such funds and a 9 description of the manner in which such funds will be used. If 10 the community-based organization selected for a model program 11 under this subsection is not a Medicaid provider, the 12 organization shall be issued a Medicaid provider number 13 pursuant to s. 409.907 for the provision of services currently 14 authorized under the state Medicaid plan to those children 15 encompassed in this model and in a manner not to exceed the 16 current level of state expenditure. 17 (9) Each district and subdistrict that participates in 18 the model program effort or any future outsourcing 19 privatization effort as described in this section must 20 thoroughly analyze and report the complete direct and indirect 21 costs of delivering these services through the department and 22 the full cost of outsourcing privatization, including the cost 23 of monitoring and evaluating the contracted services. 24 Section 4. The Office of Program Policy Analysis and 25 Government Accountability shall conduct two reviews of the 26 contract-management and accountability structures of the 27 Department of Children and Family Services, including, but not 28 limited to, whether the department is adequately monitoring 29 and managing its outsourced or privatized functions and 30 services. The office shall report its findings and 31 recommendations to the President of the Senate, the Speaker of 37 5:55 PM 03/14/05 s1476p-cf00-c9j
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1476 Barcode 154386 1 the House of Representatives, and the Auditor General by 2 February 1 of 2006 and 2007, respectively. 3 Section 5. Section 402.72, Florida Statutes, is 4 repealed. 5 Section 6. This act shall take effect July 1, 2005. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 38 5:55 PM 03/14/05 s1476p-cf00-c9j
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