The Florida Senate

391.011  Short title.

391.016  Legislative intent.

391.021  Definitions.

391.025  Applicability and scope.

391.026  Powers and duties of the department.

391.028  Administration.

391.029  Program eligibility.

391.0315  Benefits.

391.035  Provider qualifications.

391.045  Reimbursement.

391.047  Responsibility for payments on behalf of Children's Medical Services program participants when other parties are liable.

391.055  Service delivery systems.

391.065  Health care provider agreements.

391.071  Quality of care requirements.

391.081  Grievance reporting and resolution requirements.

391.095  Program integrity.

391.097  Research and evaluation.

391.011  Short title.--The provisions of this chapter may be cited as the "Children's Medical Services Act."

History.--s. 1, ch. 78-106; s. 2, ch. 98-288.

391.016  Legislative intent.--The Legislature intends that the Children's Medical Services program:

(1)  Provide to children with special health care needs a family-centered, comprehensive, and coordinated statewide managed system of care that links community-based health care with multidisciplinary, regional, and tertiary pediatric specialty care. The program may provide for the coordination and maintenance of consistency of the medical home for children in families with a Children's Medical Services program participant, in order to achieve family-centered care.

(2)  Provide essential preventive, evaluative, and early intervention services for children at risk for or having special health care needs, in order to prevent or reduce long-term disabilities.

(3)  Serve as a principal provider for children with special health care needs under Titles XIX and XXI of the Social Security Act.

(4)  Be complementary to children's health training programs essential for the maintenance of a skilled pediatric health care workforce for all Floridians.

History.--s. 2, ch. 78-106; s. 3, ch. 98-288.

391.021  Definitions.--When used in this act, unless the context clearly indicates otherwise:

(1)  "Children's Medical Services network" or "network" means a statewide managed care service system that includes health care providers, as defined in this section.

(2)  "Children with special health care needs" means those children under age 21 years whose serious or chronic physical or developmental conditions require extensive preventive and maintenance care beyond that required by typically healthy children. Health care utilization by these children exceeds the statistically expected usage of the normal child adjusted for chronological age. These children often need complex care requiring multiple providers, rehabilitation services, and specialized equipment in a number of different settings.

(3)  "Department" means the Department of Health.

(4)  "Eligible individual" means a child with a special health care need or a female with a high-risk pregnancy, who meets the financial and medical eligibility standards established in s. 391.029.

(5)  "Health care provider" means a health care professional, health care facility, or entity licensed or certified to provide health services in this state that meets the criteria as established by the department.

(6)  "Health services" includes the prevention, diagnosis, and treatment of human disease, pain, injury, deformity, or disabling conditions.

(7)  "Participant" means an eligible individual who is enrolled in the Children's Medical Services program.

(8)  "Program" means the Children's Medical Services program established in the department.

History.--s. 3, ch. 78-106; s. 695, ch. 95-148; s. 87, ch. 97-101; s. 4, ch. 98-288; s. 43, ch. 99-397.

¹391.025  Applicability and scope.--

(1)  This act applies to health services provided to eligible individuals who are:

(a)  Enrolled in the Medicaid program;

(b)  Enrolled in the Florida Kidcare program; and

(c)  Uninsured or underinsured, provided that they meet the financial eligibility requirements established in this act, and to the extent that resources are appropriated for their care.

(2)  The Children's Medical Services program consists of the following components:

(a)  The infant metabolic screening program established in s. 383.14.

(b)  The regional perinatal intensive care centers program established in ss. 383.15-383.21.

(c)  A federal or state program authorized by the Legislature.

(d)  The developmental evaluation and intervention program.

(e)  The Children's Medical Services network.

(3)  The Children's Medical Services program shall not be deemed an insurer and is not subject to the licensing requirements of the Florida Insurance Code or the rules of the Department of Insurance, when providing services to children who receive Medicaid benefits, other Medicaid-eligible children with special health care needs, and children participating in the Florida Kidcare program.

History.--s. 5, ch. 98-288; s. 10, ch. 2000-253.

¹Note.--Section 11, ch. 2000-253, provides that "[t]he provisions of this act which would require changes to contracts in existence as of June 30, 2000, between the Florida Healthy Kids Corporation and contracted providers of such corporation shall be applied to such contracts upon renewal of the contracts, but not later than July 1, 2002."

391.026  Powers and duties of the department.--The department shall have the following powers, duties, and responsibilities:

(1)  To provide or contract for the provision of health services to eligible individuals.

(2)  To determine the medical and financial eligibility standards for the program and to determine the medical and financial eligibility of individuals seeking health services from the program.

(3)  To recommend priorities for the implementation of comprehensive plans and budgets.

(4)  To coordinate a comprehensive delivery system for eligible individuals to take maximum advantage of all available funds.

(5)  To promote, establish, and coordinate programs relating to children's medical services in cooperation with other public and private agencies and to coordinate funding of health care programs with federal, state, or local indigent health care funding mechanisms.

(6)  To initiate, coordinate, and request review of applications to federal and state agencies for funds, services, or commodities relating to children's medical programs.

(7)  To sponsor or promote grants for projects, programs, education, or research in the field of medical needs of children, with an emphasis on early diagnosis and treatment.

(8)  To oversee and operate the Children's Medical Services network.

(9)  To establish reimbursement mechanisms for the Children's Medical Services network.

(10)  To establish Children's Medical Services network standards and credentialing requirements for health care providers and health care services.

(11)  To serve as a provider and principal case manager for children with special health care needs under Titles XIX and XXI of the Social Security Act.

(12)  To monitor the provision of health services in the program, including the utilization and quality of health services.

(13)  To administer the Children with Special Health Care Needs program in accordance with Title V of the Social Security Act.

(14)  To establish and operate a grievance resolution process for participants and health care providers.

(15)  To maintain program integrity in the Children's Medical Services program.

(16)  To receive and manage health care premiums, capitation payments, and funds from federal, state, local, and private entities for the program.

(17)  To appoint health care consultants for the purpose of providing peer review and making recommendations to enhance the delivery and quality of services in the Children's Medical Services program.

(18)  To adopt rules pursuant to ss. 120.536(1) and 120.54 to administer the Children's Medical Services Act. The rules may include requirements for definitions of terms, program organization, and program description; a process for selecting an area medical director; responsibilities of applicants and clients; requirements for service applications, including required medical and financial information; eligibility requirements for initial treatment and for continued eligibility, including financial and custody issues; methodologies for resource development and allocation, including medical and financial considerations; requirements for reimbursement services rendered to a client; billing and payment requirements for providers; requirements for qualification, appointments, verification, and emergency exceptions for health-professional consultants; general and diagnostic-specific standards for diagnostic and treatment facilities; and standards for the method of service delivery, including consultant services, respect-for-privacy considerations, examination requirements, family support plans, and clinic design.

History.--s. 4, ch. 78-106; s. 96, ch. 98-200; s. 6, ch. 98-288; s. 23, ch. 2000-242.

391.028  Administration.--The Children's Medical Services program shall have a central office and area offices.

(1)  The Director of Children's Medical Services must be a physician licensed under chapter 458 or chapter 459 who has specialized training and experience in the provision of health care to children and who has recognized skills in leadership and the promotion of children's health programs. The director shall be the deputy secretary and the Deputy State Health Officer for Children's Medical Services and is appointed by and reports to the secretary. The director may appoint division directors subject to the approval of the secretary.

(2)  The director shall designate Children's Medical Services area offices to perform operational activities, including, but not limited to:

(a)  Providing case management services for the network.

(b)  Providing local oversight of the program.

(c)  Determining an individual's medical and financial eligibility for the program.

(d)  Participating in the determination of a level of care and medical complexity for long-term care services.

(e)  Authorizing services in the program and developing spending plans.

(f)  Participating in the development of treatment plans.

(g)  Taking part in the resolution of complaints and grievances from participants and health care providers.

(3)  Each Children's Medical Services area office shall be directed by a physician licensed under chapter 458 or chapter 459 who has specialized training and experience in the provision of health care to children. The director of a Children's Medical Services area office shall be appointed by the director from the active panel of Children's Medical Services physician consultants.

History.--s. 9, ch. 78-106; s. 17, ch. 96-403; s. 33, ch. 97-237; s. 7, ch. 98-288; s. 26, ch. 99-397.

Note.--Subsection (1) former s. 391.051.

391.029  Program eligibility.--

(1)  The department shall establish the medical criteria to determine if an applicant for the Children's Medical Services program is an eligible individual.

(2)  The following individuals are financially eligible for the program:

(a)  A high-risk pregnant female who is eligible for Medicaid.

(b)  A child with special health care needs from birth to age 21 years who is eligible for Medicaid.

(c)  A child with special health care needs from birth to age 19 years who is eligible for a program under Title XXI of the Social Security Act.

(d)  A child with special health care needs from birth to age 21 years whose projected annual cost of care adjusts the family income to Medicaid financial criteria. In cases where the family income is adjusted based on a projected annual cost of care, the family shall participate financially in the cost of care based on criteria established by the department.

(e)  A child with special health care needs as defined in Title V of the Social Security Act relating to children with special health care needs.

The department may continue to serve certain children with special health care needs who are 21 years of age or older and who were receiving services from the program prior to April 1, 1998. Such children may be served by the department until July 1, 2000.

(3)  The department shall determine the financial and medical eligibility of children for the program. The department shall also determine the financial ability of the parents, or persons or other agencies having legal custody over such individuals, to pay the costs of health services under the program. The department may pay reasonable travel expenses related to the determination of eligibility for or the provision of health services.

(4)  Any child who has been provided with surgical or medical care or treatment under this act prior to being adopted shall continue to be eligible to be provided with such care or treatment after his or her adoption, regardless of the financial ability of the persons adopting the child.

History.--s. 6, ch. 13620, 1929; CGL 1936 Supp. 3640(6); s. 1, ch. 57-21; ss. 19, 35, ch. 69-106; s. 1, ch. 73-114; s. 178, ch. 77-147; s. 1, ch. 77-159; ss. 8, 13, 14, ch. 78-106; s. 1, ch. 78-332; s. 696, ch. 95-148; s. 8, ch. 98-288.

Note.--Subsection (3) former s. 391.046; subsection (4) former s. 391.07.

391.0315  Benefits.--Benefits provided under the program for children with special health care needs shall be the same benefits provided to children as specified in ss. 409.905 and 409.906. The department may offer additional benefits for early intervention services, respite services, genetic testing, genetic and nutritional counseling, and parent support services, if such services are determined to be medically necessary. No child or person determined eligible for the program who is eligible under Title XIX or Title XXI of the Social Security Act shall receive any service other than an initial health care screening or treatment of an emergency medical condition as defined in s. 395.002, until such child or person is enrolled in Medicaid or a Title XXI program.

History.--s. 9, ch. 98-288; s. 27, ch. 99-397.

391.035  Provider qualifications.--

(1)  The department shall establish the criteria to designate health care providers to participate in the Children's Medical Services network. The department shall follow, whenever available, national guidelines for selecting health care providers to serve children with special health care needs.

(2)  The department shall require that all health care providers under contract with the program be duly licensed in the state, if such licensure is available, and meet such criteria as may be established by the department.

(3)  The department may initiate agreements with other state or local governmental programs or institutions for the coordination of health care to eligible individuals receiving services from such programs or institutions.

History.--ss. 6, 7, ch. 78-106; s. 10, ch. 98-288.

Note.--Subsection (2) former s. 391.036; subsection (3) former s. 391.041.

391.045  Reimbursement.--

(1)  The department shall reimburse health care providers for services rendered through the Children's Medical Services network using cost-effective methods, including, but not limited to, capitation, discounted fee-for-service, unit costs, and cost reimbursement. Medicaid reimbursement rates shall be utilized to the maximum extent possible, where applicable.

(2)  Reimbursement to the Children's Medical Services program for services provided to children with special health care needs who participate in the Florida Kidcare program and who are not Medicaid recipients shall be on a capitated basis.

History.--s. 11, ch. 98-288.

391.047  Responsibility for payments on behalf of Children's Medical Services program participants when other parties are liable.--The Children's Medical Services program shall comply with s. 402.24, concerning third-party liabilities and recovery of third-party payments for health services.

History.--s. 12, ch. 98-288.

391.055  Service delivery systems.--

(1)  The program shall apply managed care methods to ensure the efficient operation of the Children's Medical Services network. Such methods include, but are not limited to, capitation payments, utilization management and review, prior authorization, and case management.

(2)  The components of the network are:

(a)  Qualified primary care physicians who shall serve as the gatekeepers and who shall be responsible for the provision or authorization of health services to an eligible individual who is enrolled in the Children's Medical Services network.

(b)  Comprehensive specialty care arrangements that meet the requirements of s. 391.035 to provide acute care, specialty care, long-term care, and chronic disease management for eligible individuals.

(c)  Case management services.

(3)  The Children's Medical Services network may contract with school districts participating in the certified school match program pursuant to ss. 236.0812 and 409.908(21) for the provision of school-based services, as provided for in s. 409.9071, for Medicaid-eligible children who are enrolled in the Children's Medical Services network.

History.--s. 13, ch. 98-288.

391.065  Health care provider agreements.--The department is authorized to establish health care provider agreements for participation in the Children's Medical Services program.

History.--s. 14, ch. 98-288.

391.071  Quality of care requirements.--The Children's Medical Services program shall develop quality of care and service integration standards and reporting requirements for health care providers that participate in the Children's Medical Services program. The program shall ensure that these standards are not duplicative of other standards and requirements for health care providers.

History.--s. 15, ch. 98-288.

391.081  Grievance reporting and resolution requirements.--The department shall adopt and implement a system to provide assistance to eligible individuals and health care providers to resolve complaints and grievances. To the greatest extent possible, the department shall use existing grievance reporting and resolution processes. The department shall ensure that the system developed for the Children's Medical Services program does not duplicate existing grievance reporting and resolution processes.

History.--s. 16, ch. 98-288.

391.095  Program integrity.--The department shall operate a system to oversee the activities of Children's Medical Services program participants, and health care providers and their representatives, to prevent fraudulent and abusive behavior, overutilization and duplicative utilization, and neglect of participants and to recover overpayments as appropriate. For the purposes of this section, the terms "abuse" and "fraud" have the meanings provided in s. 409.913. The department shall refer incidents of suspected fraud and abuse, and overutilization and duplicative utilization, to the appropriate regulatory agency.

History.--s. 17, ch. 98-288.

391.097  Research and evaluation.--

(1)  The department may initiate, fund, and conduct research and evaluation projects to improve the delivery of children's medical services. The department may cooperate with public and private agencies engaged in work of a similar nature.

(2)  The Children's Medical Services network shall be included in any evaluation conducted in accordance with the provisions of Title XXI of the Social Security Act as enacted by the Legislature.

History.--s. 10, ch. 78-106; s. 18, ch. 98-288.

Note.--Former s. 391.061.

391.221  Statewide Children's Medical Services Network Advisory Council.

391.222  Cardiac Advisory Council.

391.223  Technical advisory panels.

391.221  Statewide Children's Medical Services Network Advisory Council.--

(1)  The secretary of the department may appoint a Statewide Children's Medical Services Network Advisory Council for the purpose of acting as an advisory body to the department. Specifically, the duties of the council shall include, but not be limited to:

(a)  Recommending standards and credentialing requirements for health care providers rendering health services to Children's Medical Services network participants.

(b)  Making recommendations to the director of Children's Medical Services concerning the selection of health care providers for the Children's Medical Services network.

(c)  Reviewing and making recommendations concerning network health care provider or participant disputes that are brought to the attention of the advisory council.

(d)  Providing input to the Children's Medical Services program on the policies governing the Children's Medical Services network.

(e)  Reviewing the financial reports and financial status of the network and making recommendations concerning the methods of payment and cost controls for the network.

(f)  Reviewing and recommending the scope of benefits for the network.

(g)  Reviewing network performance measures and outcomes and making recommendations for improvements to the network and its maintenance and collection of data and information.

(2)  The council shall be composed of 12 members representing the private health care provider sector, families with children who have special health care needs, the Agency for Health Care Administration, the Department of Insurance, the Florida Chapter of the American Academy of Pediatrics, an academic health center pediatric program, and the health insurance industry. Members shall be appointed for 4-year, staggered terms. In no case shall an employee of the Department of Health serve as a member or as an ex officio member of the advisory council. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment. A member may not be appointed to more than two consecutive terms. However, a member may be reappointed after being off the council for at least 2 years.

(3)  Members shall receive no compensation, but shall be reimbursed for per diem and travel expenses in accordance with the provisions of s. 112.061.

History.--s. 23, ch. 98-288; s. 44, ch. 99-397.

391.222  Cardiac Advisory Council.--

(1)  The secretary of the department may appoint a Cardiac Advisory Council for the purpose of acting as the advisory body to the Department of Health in the delivery of cardiac services to children. Specifically, the duties of the council shall include, but not be limited to:

(a)  Recommending standards for personnel and facilities rendering cardiac services;

(b)  Receiving reports of the periodic review of cardiac personnel and facilities to determine if established standards for the cardiac services are met;

(c)  Making recommendations to the director as to the approval or disapproval of reviewed personnel and facilities;

(d)  Making recommendations as to the intervals for reinspection of approved personnel and facilities; and

(e)  Providing input on all aspects of Children's Medical Services cardiac programs, including the rulemaking process.

(2)  The council shall be composed of eight members with technical expertise in cardiac medicine. Members shall be appointed for 4-year, staggered terms. In no case shall an employee of the Department of Health serve as a member or as an ex officio member of the advisory council. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment. A member may not be appointed to more than two consecutive terms. However, a member may be reappointed after being off the council for at least 2 years.

(3)  Members shall receive no compensation, but shall be reimbursed for per diem and travel expenses in accordance with the provisions of s. 112.061.

History.--ss. 3, 4, ch. 81-270; ss. 1, 4, ch. 82-46; s. 2, ch. 83-265; ss. 4, 5, 6, ch. 89-93; s. 5, ch. 91-429; s. 697, ch. 95-148; s. 88, ch. 97-101; s. 24, ch. 98-288; s. 45, ch. 99-397.

Note.--Former s. 391.091.

391.223  Technical advisory panels.--The secretary of the department may establish technical advisory panels to assist in developing specific policies and procedures for the Children's Medical Services program.

History.--s. 25, ch. 98-288; s. 46, ch. 99-397.

391.301  Developmental evaluation and intervention programs; legislative findings and intent.

391.302  Definitions.

391.303  Program requirements.

391.304  Program coordination.

391.305  Program standards; rules.

391.306  Program funding; contracts.

391.307  Program review.

391.301  Developmental evaluation and intervention programs; legislative findings and intent.--

(1)  The Legislature finds that the high-risk and disabled newborn infants in this state need in-hospital and outpatient developmental evaluation and intervention and that their families need training and support services. The Legislature further finds that there is an identifiable and increasing number of infants who need developmental evaluation and intervention and family support due to the fact that increased numbers of low-birthweight and sick full-term newborn infants are now surviving because of the advances in neonatal intensive care medicine; increased numbers of medically involved infants are remaining inappropriately in hospitals because their parents lack the confidence or skills to care for these infants without support; and increased numbers of infants are at risk due to parent risk factors, such as substance abuse, teenage pregnancy, and other high-risk conditions.

(2)  It is the intent of the Legislature to establish developmental evaluation and intervention services at all hospitals providing Level II or Level III neonatal intensive care services, in order that families with high-risk or disabled infants may gain the services and skills they need to support their infants.

(3)  It is the intent of the Legislature to provide a statewide coordinated program to screen, diagnose, and manage high-risk infants identified as hearing-impaired. The program shall develop criteria to identify infants who are at risk of having hearing impairments, and shall ensure that all parents or guardians of newborn infants are provided with materials regarding hearing impairments prior to discharge of the newborn infants from the hospital.

(4)  It is the intent of the Legislature that a methodology be developed to integrate information on infants with potentially disabling conditions with other early intervention programs, including Part C of Pub. L. No. 105-17 and the Healthy Start program.

History.--s. 12, ch. 89-379; s. 25, ch. 91-282; s. 7, ch. 94-140; s. 26, ch. 98-288.

Note.--Former s. 383.215(1), (2).

391.302  Definitions.--As used in ss. 391.301-391.307, the term:

(1)  "Developmental intervention" means individualized therapies and services needed to enhance both the infant's or toddler's growth and development and family functioning.

(2)  "Hearing-impaired infant" means an infant who is born with or who has acquired prelingually a hearing loss so severe that, unaided, the infant cannot learn speech and language through normal means.

(3)  "High-risk hearing-impaired infant" means an infant who exhibits conditions and factors that include, but are not limited to, a family history of hearing impairment or anatomic malformation which place the infant at an increased risk for hearing impairment.

(4)  "Infant or toddler" means a child from birth until the child's third birthday.

(5)  "In-hospital intervention services" means the provision of assessments; the provision of individualized therapies; monitoring and modifying the delivery of medical interventions; and enhancing the environment for the high-risk, developmentally disabled, medically involved, or hearing-impaired infant or toddler in order to achieve optimum growth and development.

(6)  "Parent support and training" means a range of services to families of high-risk, developmentally disabled, medically involved, or hearing-impaired infants or toddlers, including family counseling; financial planning; agency referral; development of parent-to-parent support groups; education concerning growth, development, and developmental intervention and objective measurable skills, including abuse avoidance skills; training of parents to advocate for their child; and bereavement counseling.

History.--s. 12, ch. 89-379; s. 7, ch. 94-140; s. 1039, ch. 95-148.

Note.--Former s. 383.215(3).

391.303  Program requirements.--

(1)  Developmental evaluation and intervention services shall be established at each hospital that provides Level II or Level III neonatal intensive care services. Program services shall be made available to an infant or toddler identified as being at risk for developmental disabilities, or identified as medically involved, who, along with his or her family, would benefit from program services. Program services shall be made available to infants or toddlers in a Level II or Level III neonatal intensive care unit or in a pediatric intensive care unit, infants who are identified as being at high risk for hearing impairment or who are hearing-impaired, or infants who have a metabolic or genetic disorder. The developmental evaluation and intervention programs are subject to the availability of moneys and the limitations established by the General Appropriations Act or chapter 216. Hearing screening, evaluation and referral services, and initial developmental assessments services shall be provided to each infant or toddler. Other program services may be provided to an infant or toddler, and the family of the infant or toddler, who do not meet the financial eligibility criteria for the Children's Medical Services program based on the availability of funding, including insurance and fees.

(2)  Each developmental evaluation and intervention program shall have a program director, a medical director, and necessary staff to carry out the program. The program director shall establish and coordinate the developmental evaluation and intervention program. The program shall include, but is not limited to:

(a)  In-hospital evaluation and intervention services, parent support and training, and family support planning and case management.

(b)  Screening and evaluation services to identify each infant at risk of hearing impairment, and a medical and educational followup and care management program for an infant who is identified as hearing-impaired, with management beginning as soon after birth as practicable. The medical management program must include the genetic evaluation of an infant suspected to have genetically determined deafness and an evaluation of the relative risk.

(c)  Regularly held multidisciplinary team meetings to develop and update the family support plan. In addition to the family, a multidisciplinary team may include a physician, physician assistant, psychologist, psychotherapist, educator, social worker, nurse, physical or occupational therapist, speech pathologist, developmental evaluation and intervention program director, case manager, others who are involved with the in-hospital and posthospital discharge care plan, and anyone the family wishes to include as a member of the team. The family support plan is a written plan that describes the infant or toddler, the therapies and services the infant or toddler and his or her family need, and the intended outcomes of the services.

(d)  Discharge planning by the multidisciplinary team, including referral and followup to primary medical care and modification of the family support plan.

(e)  Education and training for neonatal and pediatric intensive care services staff, volunteers, and others, as needed, in order to expand the services provided to high-risk, developmentally disabled, medically involved, or hearing-impaired infants and toddlers and their families.

(f)  Followup intervention services after hospital discharge, to aid the family and the high-risk, developmentally disabled, medically involved, or hearing-impaired infant's or toddler's transition into the community. Support services shall be coordinated at the request of the family and within the context of the family support plan.

(g)  Referral to and coordination of services with community providers.

(h)  Educational materials about infant care, infant growth and development, community resources, medical conditions and treatments, and family advocacy. Materials regarding hearing impairments shall be provided to each parent or guardian of a hearing-impaired infant or toddler.

(i)  Involvement of the parents and guardians of each identified high-risk, developmentally disabled, medically involved, or hearing-impaired infant or toddler.

History.--s. 12, ch. 89-379; s. 25, ch. 91-282; s. 7, ch. 94-140; s. 1040, ch. 95-148; s. 27, ch. 98-288.

Note.--Former s. 383.215(4).

391.304  Program coordination.--

(1)  The Department of Health shall:

(a)  Coordinate with the Department of Education, the Florida Interagency Coordinating Council for Infants and Toddlers, and the State Coordinating Council for School Readiness Programs in planning and administering ss. 391.301-391.307. This coordination shall be in accordance with s. 411.222.

(b)  Develop a plan for statewide implementation of the developmental evaluation and intervention program.

(c)  Develop rules, procedures, and contracts to implement the developmental evaluation and intervention program.

(2)  The Department of Education, in cooperation with the Department of Health, shall:

(a)  Develop an educational management program for hearing-impaired infants.

(b)  Develop an involvement program for parents or guardians of hearing-impaired infants.

History.--s. 12, ch. 89-379; s. 7, ch. 94-140; s. 90, ch. 97-101; s. 28, ch. 98-288; s. 16, ch. 2000-337.

Note.--Former s. 383.215(5).

391.305  Program standards; rules.--The Department of Health shall adopt rules for the administration of the developmental evaluation and intervention program. The rules shall specify standards for the development and operation of the program, including, but not limited to:

(1)  Standards governing the eligibility for program services and the requirements of the population to be served.

(2)  Criteria and procedures for screening, identifying, and diagnosing hearing-impaired infants.

(3)  Criteria for determining an infant's or a toddler's need for developmental evaluation and intervention program services.

(4)  Minimum developmental evaluation and intervention and support services.

(5)  Program staff requirements and personnel qualifications.

(6)  Reporting and program evaluation procedures.

History.--s. 8, ch. 94-140; s. 91, ch. 97-101; s. 29, ch. 98-288.

391.306  Program funding; contracts.--Developmental evaluation and intervention programs shall be provided under a contract between the Department of Health and the provider and are subject to funding and other limitations established in the General Appropriations Act or chapter 216. The contract shall make the services of the provider contingent upon funding. Failure to comply with the standards established in s. 391.305 is grounds for termination of a contract.

History.--s. 9, ch. 94-140; s. 92, ch. 97-101.

391.307  Program review.--

(1)  At least annually during the contract period, the Department of Health shall evaluate each developmental evaluation and intervention program. The department shall develop criteria to evaluate child and family outcomes, program participation, service coordination, and program effectiveness.

(2)  The department shall develop, in conjunction with the directors of the developmental evaluation and intervention programs, a system to assess the population served and the impact of the screening and the evaluation and intervention components of the programs, to monitor the impact of the programs on families and infants served, and to evaluate the cost-effectiveness of the components of the programs.

History.--s. 10, ch. 94-140; s. 93, ch. 97-101; s. 30, ch. 98-288.