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       Florida Senate - 2010                             CS for SB 1466
       By the Committee on Health and Human Services Appropriations;
       and Senator Peaden
       603-03259-10                                          20101466c1
    1                        A bill to be entitled                      
    2         An act relating to child welfare services and mental
    3         health and substance abuse; limiting state agency
    4         contract monitoring to once every 3 years if the
    5         contracted provider is subject to accreditation
    6         surveys by specified accreditation organizations;
    7         providing exceptions; allowing the establishment of an
    8         Internet-based data warehouse to maintain the records
    9         of contract providers; requiring state agencies to use
   10         the warehouse for document requests; specifying the
   11         information that such records must include; amending
   12         s. 402.7305, F.S.; limiting the Department of Children
   13         and Family Services to one contract monitoring of a
   14         child-caring or child-placing contract provider per
   15         year; repealing s. 394.655, F.S., relating to the
   16         Florida Substance Abuse and Mental Health Corporation;
   17         providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Contracts for child welfare services.—The
   22  Department of Children and Family Services, the Department of
   23  Health, the Department of Juvenile Justice, the Agency for
   24  Persons with Disabilities, the Agency for Health Care
   25  Administration, and the community-based care lead agencies shall
   26  identify and implement changes that improve efficiency in
   27  contract administration for child welfare services. To assist
   28  with that goal, each agency shall adopt the following policies:
   29         (1)Limit administrative monitoring to once every 3 years
   30  if the contracted provider is accredited by the Joint Commission
   31  on the Accreditation of Healthcare Organizations, the Commission
   32  on Accreditation of Rehabilitation Facilities, or the Council on
   33  Accreditation. Notwithstanding the survey or inspection of an
   34  accrediting organization, the department or agency may continue
   35  to monitor the provider as necessary with respect to:
   36         (a)Ensuring that services for which the agency is paying
   37  are being provided.
   38         (b)Investigating complaints or suspected problems and
   39  monitoring the provider’s compliance with any resulting
   40  negotiated terms and conditions, including provisions relating
   41  to consent decrees that are unique to a specific contract and
   42  are not statements of general applicability.
   43         (c)Ensuring compliance with federal and state laws,
   44  federal regulations, or state rules if such monitoring does not
   45  duplicate the accrediting organization’s review pursuant to
   46  accreditation standards.
   47         (2)Allow private-sector development and implementation of
   48  an Internet-based, secure, and consolidated data warehouse and
   49  archive for maintaining corporate, fiscal, and administrative
   50  records of child welfare provider contracts. Providers must
   51  ensure that the data is up to date and accessible to the
   52  contracting state agency and the contracting provider. State
   53  agencies that contract with child welfare providers must use the
   54  data warehouse for document requests. If information is not
   55  current or is unavailable from the provider’s data warehouse and
   56  archive, the state agency may contact the provider directly. At
   57  a minimum, the records must include the provider’s:
   58         (a)Articles of incorporation.
   59         (b)Bylaws.
   60         (c)Governing board and committee minutes.
   61         (d)Financial audits.
   62         (e)Expenditure reports.
   63         (f)Compliance audits.
   64         (g)Organizational charts.
   65         (h)Governing board membership information.
   66         (i)Human resource policies and procedures.
   67         Section 2. Subsection (4) of section 402.7305, Florida
   68  Statutes, is amended to read:
   69         402.7305 Department of Children and Family Services;
   70  procurement of contractual services; contract management.—
   72  department shall establish contract monitoring units staffed by
   73  career service employees who report to a member of the Selected
   74  Exempt Service or Senior Management Service and who have been
   75  properly trained to perform contract monitoring., with At least
   76  one member of the contract monitoring unit must possess
   77  possessing specific knowledge and experience in the contract’s
   78  program area. The department shall establish a contract
   79  monitoring process that includes must include, but need not be
   80  limited to, the following requirements:
   81         (a) Performing a risk assessment at the start of each
   82  fiscal year and preparing an annual contract monitoring schedule
   83  that considers includes consideration for the level of risk
   84  assigned. The department may monitor any contract at any time
   85  regardless of whether such monitoring was originally included in
   86  the annual contract monitoring schedule.
   87         (b) Preparing a contract monitoring plan, including
   88  sampling procedures, before performing onsite monitoring at
   89  external locations of a service provider. The plan must include
   90  a description of the programmatic, fiscal, and administrative
   91  components that will be monitored on site. If appropriate,
   92  clinical and therapeutic components may be included.
   93         (c) Conducting analyses of the performance and compliance
   94  of an external service provider by means of desk reviews if the
   95  external service provider will not be monitored on site during a
   96  fiscal year.
   97         (d) Unless the department sets forth in writing the need
   98  for an extension, providing a written report presenting the
   99  results of the monitoring within 30 days after the completion of
  100  the onsite monitoring or desk review.
  101         (e) Developing and maintaining a set of procedures
  102  describing the contract monitoring process.
  104  Notwithstanding any other provision of the section, the
  105  department shall limit contract monitoring of a child-caring or
  106  child-placing services provider to only once per year. Such
  107  monitoring may not duplicate administrative monitoring that is
  108  included in the survey of a contract provider conducted by a
  109  national accreditation organization.
  110         Section 3. Section 394.655, Florida Statutes, is repealed.
  111         Section 4. This act shall take effect July 1, 2010.

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