December 06, 2019
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The Florida Statutes

The 2009 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 394
MENTAL HEALTH
View Entire Chapter
Section 394.78, Florida Statutes 2009

394.78  Operation and administration; personnel standards; procedures for audit and monitoring of service providers; resolution of disputes.--

(1)(a)  The Department of Children and Family Services shall administer this part and shall adopt rules necessary for its administration. In addition to other rulemaking authority, the department may adopt financial rules relating to conflicts of interest; related party transactions; full disclosure of revenue funds and expenses; charts of accounts for state reporting; auditing; penalties for nonperformance; benefit packages; performance outcomes, including client satisfaction and functional assessments; nonpayment and suspended payments for failure to timely submit required client service reports; and client financial eligibility requirements.

(b)  Rules of the department shall be adopted in accordance with the Administrative Procedure Act under chapter 120.

(2)  The department shall, by rule, establish standards of education and experience for professional and technical personnel employed in substance abuse and mental health programs.

(3)  The department shall establish, to the extent possible, a standardized auditing procedure for substance abuse and mental health service providers; and audits of service providers shall be conducted pursuant to such procedure and the applicable department rules. Such procedure shall be supplied to all current and prospective contractors and subcontractors prior to the signing of any contracts.

(4)  The department shall monitor service providers for compliance with contracts and applicable state and federal regulations. A representative of the district 1health and human services board shall be represented on the monitoring team.

(5)  In unresolved disputes regarding this part or rules established pursuant to this part, providers and district 1health and human services boards shall adhere to formal procedures specified under 2s. 20.19(8)(n).

(6)  The department shall, by rule, establish standards for contracting budgeting, methods of payment, and the accounting of patient fees that are earned on behalf of a specific client.

History.--s. 14, ch. 70-109; s. 1, ch. 70-439; s. 13, ch. 76-221; s. 4, ch. 77-372; s. 20, ch. 84-285; s. 4, ch. 98-152; s. 3, ch. 99-396; s. 15, ch. 2000-349.

1Note.--Health and human services boards were abolished by s. 2, ch. 2000-139, which substantially reworded s. 20.19.

2Note.--Section 20.19 was substantially reworded by s. 2, ch. 2000-139.

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