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The Florida Senate

2010 Florida Statutes

Title XXIX PUBLIC HEALTH
Chapter 402 HEALTH AND HUMAN SERVICES: MISCELLANEOUS PROVISIONS Entire Chapter
SECTION 7306
Administrative monitoring for child welfare providers.
F.S. 402.7306
402.7306

Administrative monitoring for child welfare providers.

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The Department of Children and Family Services, the Department of Health, the Agency for Persons with Disabilities, the Agency for Health Care Administration, and community-based care lead agencies shall identify and implement changes that improve the efficiency of administrative monitoring of child welfare services. To assist with that goal, each such agency shall adopt the following policies:

(1)

Limit administrative monitoring to once every 3 years if the child welfare provider is accredited by the Joint Commission on Accreditation of Healthcare Organizations, the Commission on Accreditation of Rehabilitation Facilities, or the Council on Accreditation of Children and Family Services. If the accrediting body does not require documentation that the state agency requires, that documentation shall be requested by the state agency and may be posted by the provider on the data warehouse for the agency’s review. Notwithstanding the survey or inspection of an accrediting organization specified in this subsection, an agency specified in and subject to this section may continue to monitor the provider as necessary with respect to:

(a)

Ensuring that services for which the agency is paying are being provided.

(b)

Investigating complaints or suspected problems and monitoring the provider’s compliance with any resulting negotiated terms and conditions, including provisions relating to consent decrees that are unique to a specific service and are not statements of general applicability.

(c)

Ensuring compliance with federal and state laws, federal regulations, or state rules if such monitoring does not duplicate the accrediting organization’s review pursuant to accreditation standards.

Medicaid certification and precertification reviews are exempt from this subsection to ensure Medicaid compliance.

(2)

Allow private sector development and implementation of an Internet-based, secure, and consolidated data warehouse and archive for maintaining corporate, fiscal, and administrative records of child welfare providers. A provider shall ensure that the data is up to date and accessible to the applicable agency under this section and the appropriate agency subcontractor. A provider shall submit any revised, updated information to the data warehouse within 10 business days after receiving the request. An agency that conducts administrative monitoring of child welfare providers under this section must use the data warehouse for document requests. If the information provided to the agency by the provider’s data warehouse is not current or is unavailable from the data warehouse and archive, the agency may contact the provider directly. A provider that fails to comply with an agency’s requested documents may be subject to a site visit to ensure compliance. Access to the data warehouse must be provided without charge to an applicable agency under this section. At a minimum, the records must include the provider’s:

(a)

Articles of incorporation.

(b)

Bylaws.

(c)

Governing board and committee minutes.

(d)

Financial audits.

(e)

Expenditure reports.

(f)

Compliance audits.

(g)

Organizational charts.

(h)

Governing board membership information.

(i)

Human resource policies and procedures.

(j)

Staff credentials.

(k)

Monitoring procedures, including tools and schedules.

(l)

Procurement and contracting policies and procedures.

(m)

Monitoring reports.

History.
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s. 2, ch. 2010-158.