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       Florida Senate - 2009                      CS for CS for SB 1666
       By the Committees on Children, Families, and Elder Affairs; and
       Health and Human Services Appropriations; and Senator Peaden
       586-05222-09                                          20091666c2
    1                        A bill to be entitled                      
    2         An act relating to health and human service contracts;
    3         creating s. 287.0576, F.S.; requiring the Departments
    4         of Children and Family Services, Health, and Juvenile
    5         Justice and the Agencies for Persons with Disabilities
    6         and Health Care Administration to adopt certain
    7         policies relating to the monitoring of provider
    8         contracts and access to provider data; providing an
    9         exception; amending s. 409.1671, F.S.; requiring the
   10         Department of Children and Family Services to ensure
   11         that contracts entered into with community-based care
   12         lead agencies are funded by a grant of general revenue
   13         and applicable other state and federal funding
   14         sources; requiring community-based care lead agencies
   15         to document federal earnings; specifying permissible
   16         expenditures for community-based care lead agencies;
   17         requiring the department to enter into certain
   18         contracts with community-based care lead agencies;
   19         providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Section 287.0576, Florida Statutes, is created
   24  to read:
   25         287.0576Contracts for health and human services.—The
   26  Department of Children and Family Services, the Department of
   27  Health, the Agency for Persons with Disabilities, the Agency for
   28  Health Care Administration, and the Department of Juvenile
   29  Justice shall identify and implement changes that improve
   30  efficiency in health and human services contract administration.
   31  To assist with that goal, each agency shall adopt the following
   32  policies:
   33         (1)Limit administrative monitoring to once every 3 years
   34  if the contracted provider is accredited by the Joint Commission
   35  on the Accreditation of Healthcare Organizations, the Commission
   36  on Accreditation of Rehabilitation Facilities or the Council on
   37  Accreditation. By accepting the survey or inspection of an
   38  accrediting organization, the department or agency does not
   39  forfeit its right to monitor in order to ensure that services
   40  for which the department or agency is paying are provided. The
   41  department or agency may investigate complaints or suspected
   42  problems and monitor the provider’s compliance with negotiated
   43  terms and conditions, including provisions relating to consent
   44  decrees, which are unique to a specific contract and are not
   45  statements of general applicability. The department or agency
   46  may also monitor compliance with federal and state laws, federal
   47  regulations, or state rules if such monitoring does not
   48  duplicate the accrediting organization’s review pursuant to
   49  accreditation standards. Medicaid provider agreements are
   50  excluded from the provisions of this subsection.
   51         (2)Allow private-sector development and implementation of
   52  a secure consolidated data warehouse and archive for maintaining
   53  corporate, fiscal, and administrative records of child welfare
   54  provider contracts. Providers must ensure that the data is up to
   55  date and accessible to contracting state agencies and the
   56  contracting providers. State agencies that contract with child
   57  welfare providers must use the data warehouse for document
   58  requests. If information is not current or is unavailable on the
   59  provider’s website, the state agency may contact the provider
   60  directly. At a minimum, the records must include:
   61         (a)Articles of incorporation.
   62         (b)Bylaws.
   63         (c)Governing board and committee minutes.
   64         (d)Financial audits.
   65         (e)Expenditure reports.
   66         (f)Compliance audits.
   67         (g)Organizational charts.
   68         (h)Staff resumes.
   69         (i)Governing board membership information.
   70         (j)Human resource policies and procedures.
   71         Section 2. Subsections (12), (13), and (14) are added to
   72  section 409.1671, Florida Statutes, to read:
   73         409.1671 Foster care and related services; outsourcing.—
   74         (12)The department shall ensure that a contract entered
   75  into with each community-based care lead agency pursuant to this
   76  section is funded by a grant of general revenue and by
   77  applicable other state and federal funding sources. Each
   78  community-based care lead agency is responsible for documenting
   79  federal earnings, and federal earnings not documented shall be
   80  returned to the department. Notwithstanding subsection (8), each
   81  community-based care lead agency’s annual contract amount may be
   82  increased by excess federal earnings in accordance with s.
   83  216.181(11).
   84         (13)Notwithstanding any other provision of law, the
   85  following community-based care lead agency expenditures are
   86  permissible:
   87         (a)Cellular telephone allowances for staff;
   88         (b)Contracts requiring deferred payments and maintenance
   89  agreements;
   90         (c)Security deposits for office leases;
   91         (d)Related professional membership dues and professional
   92  state license fees; and
   93         (e)Promotional materials not used for fundraising.
   94         (14)The department shall enter into a fixed-price contract
   95  with each community-based care lead agency which provides for a
   96  2-month advance payment at the beginning of the fiscal year
   97  followed by equal monthly payments.
   98         Section 3. This act shall take effect July 1, 2009.

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