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       Florida Senate - 2010                      CS for CS for SB 1466
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Health and Human Services Appropriations; and
       Senator Peaden
       576-03797-10                                          20101466c2
    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. 39.301, F.S.; creating a family needs assistance
   13         referral pilot program; providing that the program be
   14         funded by existing resources; requiring that the
   15         Department of Children and Family Services and each
   16         community-based care lead agency maintain up-to-date
   17         documentation; requiring that such documentation
   18         contain specified information; requiring that the
   19         department submit a report to the Legislature by a
   20         specified date; amending s. 402.7305, F.S.; limiting
   21         the Department of Children and Family Services to one
   22         contract monitoring of a child-caring or child-placing
   23         contract provider per year; amending s. 409.1671,
   24         F.S.; providing funding requirements for contracts for
   25         foster care and related services; authorizing a
   26         community-based care lead agency to carry forward
   27         certain unexpended state funds; authorizing certain
   28         advance payments to a lead agency; authorizing the
   29         department to outsource certain oversight duties;
   30         specifying certain allowable expenses; prohibiting
   31         certain expenditures; repealing s. 394.655, F.S.,
   32         relating to the Florida Substance Abuse and Mental
   33         Health Corporation; providing an effective date.
   35  Be It Enacted by the Legislature of the State of Florida:
   37         Section 1. Contracts for child welfare services.—The
   38  Department of Children and Family Services, the Department of
   39  Health, the Department of Juvenile Justice, the Agency for
   40  Persons with Disabilities, the Agency for Health Care
   41  Administration, and the community-based care lead agencies shall
   42  identify and implement changes that improve efficiency in
   43  contract administration for child welfare services. To assist
   44  with that goal, each agency shall adopt the following policies:
   45         (1)Limit administrative monitoring to once every 3 years
   46  if the contracted provider is accredited by the Joint Commission
   47  on the Accreditation of Healthcare Organizations, the Commission
   48  on Accreditation of Rehabilitation Facilities, or the Council on
   49  Accreditation. Notwithstanding the survey or inspection of an
   50  accrediting organization, the department or agency may continue
   51  to monitor the provider as necessary with respect to:
   52         (a)Ensuring that services for which the agency is paying
   53  are being provided.
   54         (b)Investigating complaints or suspected problems and
   55  monitoring the provider’s compliance with any resulting
   56  negotiated terms and conditions, including provisions relating
   57  to consent decrees that are unique to a specific contract and
   58  are not statements of general applicability.
   59         (c)Ensuring compliance with federal and state laws,
   60  federal regulations, or state rules if such monitoring does not
   61  duplicate the accrediting organization’s review pursuant to
   62  accreditation standards.
   63         (2)Allow private-sector development and implementation of
   64  an Internet-based, secure, and consolidated data warehouse and
   65  archive for maintaining corporate, fiscal, and administrative
   66  records of child welfare provider contracts. Providers must
   67  ensure that the data is up to date and accessible to the
   68  contracting state agency and the contracting provider. State
   69  agencies that contract with child welfare providers must use the
   70  data warehouse for document requests. If information is not
   71  current or is unavailable from the provider’s data warehouse and
   72  archive, the state agency may contact the provider directly. At
   73  a minimum, the records must include the provider’s:
   74         (a)Articles of incorporation.
   75         (b)Bylaws.
   76         (c)Governing board and committee minutes.
   77         (d)Financial audits.
   78         (e)Expenditure reports.
   79         (f)Compliance audits.
   80         (g)Organizational charts.
   81         (h)Governing board membership information.
   82         (i)Human resource policies and procedures.
   83         Section 2. Subsection (25) is added to section 39.301,
   84  Florida Statutes, to read:
   85         39.301 Initiation of protective investigations.—
   86         (25)The department may develop and operate a pilot program
   87  relating to family needs assistance referrals. The pilot program
   88  shall be located in a circuit in which the child protective
   89  investigation unit, whether located in the department or the
   90  county sheriff’s office, and the community-based care lead
   91  agency agree to participate in the pilot program. The pilot
   92  program shall be funded from existing resources in the circuit.
   93         (a)Upon receiving a call that does not meet the criteria
   94  for being a report of abuse or child abuse, abandonment, or
   95  neglect, but does indicate that the family needs assistance, the
   96  central abuse hotline shall accept these calls for a family
   97  needs assistance referral and immediately transfer the referral
   98  to the county wherein the family currently resides.
   99         (b)The department shall review the referral in the county
  100  of residence and a joint response shall be coordinated with the
  101  community-based care lead agency within 48 hours after being
  102  received from the central abuse hotline to determine the
  103  appropriate response, which must include at least one of the
  104  following, as appropriate:
  105         1.If, after the initial home visit and assessment
  106  conducted by the child protective investigator, conditions in
  107  the home meet criteria for a report of abuse, abandonment, or
  108  neglect, the department shall initiate a child protective
  109  response.
  110         2.If the department makes a determination that the family
  111  would benefit from a family needs assistance referral and a
  112  child protective response is not indicated, services must be
  113  offered.
  114         (c)The participation in the family needs assistance
  115  referral pilot program is voluntary. The community-based care
  116  lead agency shall determine the referral needs and shall conduct
  117  the ongoing linkage of services to the families based on the
  118  availability of resources at the time of the initial visit or
  119  within 2 business days after the initial visit with the
  120  department.
  121         (d)The duration and intensity of such intervention shall
  122  be determined by the family and the community-based care lead
  123  agency and must be based on the availability of funds and
  124  community resources.
  125         (e)The department and each community-based care lead
  126  agency must maintain up-to-date documentation of all family
  127  needs assistance referrals. The documentation must include, at a
  128  minimum:
  129         1.The number of referrals received;
  130         2.The type of response to each referral;
  131         3.An indication of whether or not the family accepted
  132  services;
  133         4.If the services were accepted by the family, the type of
  134  services delivered;
  135         5.If the services were available through the Florida Safe
  136  Families Network, the cost of the services;
  137         6.The outcome of services accepted or delivered;
  138         7.Whether or not families who are the subject of the
  139  referral return to the attention of the department as a
  140  subsequent family needs assistance referral, or as the subject
  141  of a report accepted for a child protective investigation; and
  142         8.Any additional information that enables a determination
  143  of the success of the family needs assistance referral pilot
  144  program.
  145         (e)The department shall submit a report to the Legislature
  146  by January 31, 2011, which contains the results of the family
  147  needs assistance pilot program and recommendations for
  148  continuing, expanding, or modifying the program.
  149         Section 3. Subsection (4) of section 402.7305, Florida
  150  Statutes, is amended to read:
  151         402.7305 Department of Children and Family Services;
  152  procurement of contractual services; contract management.—
  154  department shall establish contract monitoring units staffed by
  155  career service employees who report to a member of the Selected
  156  Exempt Service or Senior Management Service and who have been
  157  properly trained to perform contract monitoring., with At least
  158  one member of the contract monitoring unit must possess
  159  possessing specific knowledge and experience in the contract’s
  160  program area. The department shall establish a contract
  161  monitoring process that includes must include, but need not be
  162  limited to, the following requirements:
  163         (a) Performing a risk assessment at the start of each
  164  fiscal year and preparing an annual contract monitoring schedule
  165  that considers includes consideration for the level of risk
  166  assigned. The department may monitor any contract at any time
  167  regardless of whether such monitoring was originally included in
  168  the annual contract monitoring schedule.
  169         (b) Preparing a contract monitoring plan, including
  170  sampling procedures, before performing onsite monitoring at
  171  external locations of a service provider. The plan must include
  172  a description of the programmatic, fiscal, and administrative
  173  components that will be monitored on site. If appropriate,
  174  clinical and therapeutic components may be included.
  175         (c) Conducting analyses of the performance and compliance
  176  of an external service provider by means of desk reviews if the
  177  external service provider will not be monitored on site during a
  178  fiscal year.
  179         (d) Unless the department sets forth in writing the need
  180  for an extension, providing a written report presenting the
  181  results of the monitoring within 30 days after the completion of
  182  the onsite monitoring or desk review.
  183         (e) Developing and maintaining a set of procedures
  184  describing the contract monitoring process.
  186  Notwithstanding any other provision of the section, the
  187  department shall limit contract monitoring of a child-caring or
  188  child-placing services provider to only once per year. Such
  189  monitoring may not duplicate administrative monitoring that is
  190  included in the survey of a contract provider conducted by a
  191  national accreditation organization.
  192         Section 4. Present subsections (8) through (11) of section
  193  409.1671, Florida Statutes, are renumbered as subsections (12)
  194  through (15), respectively, and new subsections (8) through (11)
  195  are added to that section, to read:
  196         409.1671 Foster care and related services; outsourcing.—
  197         (8) A contract established between the department and a
  198  community-based agency under this section must be funded by a
  199  grant of general revenue, other applicable state funds, or
  200  applicable federal funding sources. A community-based care lead
  201  agency may carry forward documented unexpended state funds from
  202  one fiscal year to the next; however, the cumulative amount
  203  carried forward may not exceed 8 percent of the contract total.
  204  Any unexpended state funds in excess of that percentage must be
  205  returned to the department. The funds carried forward may not be
  206  used in any way that would create increased recurring future
  207  obligations, and such funds may not be used for any type of
  208  program or service that is not currently authorized by the
  209  existing contract with the department. Expenditures of funds
  210  carried forward must be separately reported to the department.
  211  Any unexpended funds that remain at the end of the contract
  212  period shall be returned to the department.
  213         (9) The method of payment for a fixed-price contract with a
  214  community-based care lead agency shall provide for a 2-month
  215  advance payment at the beginning of each fiscal year and equal
  216  monthly payments thereafter.
  217         (10) The department may outsource the programmatic,
  218  administrative, or fiscal monitoring oversight of community
  219  based care lead agencies.
  220         (11)Notwithstanding any other provision of law, a
  221  community-based care lead agency may make expenditures for staff
  222  cellular telephone allowances, contracts requiring deferred
  223  payments and maintenance agreements, security deposits for
  224  office leases, related agency professional membership dues other
  225  than personal professional membership dues, promotional
  226  materials, and grant-writing services. Expenditures for food and
  227  refreshment, other than those provided to clients in the care of
  228  the agency or to foster parents, adoptive parents, and
  229  caseworkers during training sessions, are not allowable.
  230         Section 5. Section 394.655, Florida Statutes, is repealed.
  231         Section 6. This act shall take effect July 1, 2010.

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