Senate Bill 2250c1

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    Florida Senate - 1999                           CS for SB 2250

    By the Committee on Children and Families; and Senator
    Diaz-Balart




    300-1975-99

  1                      A bill to be entitled

  2         An act relating to the privatization of foster

  3         care and related services; amending s. 216.136,

  4         F.S.; requiring the Child Welfare System

  5         Estimating Conference to include forecasts of

  6         child welfare caseloads within the information

  7         it generates; providing for inclusion of

  8         additional classes of children in need of care

  9         among estimates; amending s. 409.1671, F.S.;

10         designating Broward County for either the state

11         attorney or Attorney General to provide child

12         welfare legal services; providing for hiring

13         preference for state employees; prescribing

14         requirements for preschool foster homes;

15         changing the date for privatization of foster

16         care and related services in district 5;

17         amending s. 409.906, F.S.; authorizing the

18         Agency for Health Care Administration to

19         establish a targeted case-management pilot

20         project within certain counties; providing for

21         the pilot project to determine the impact of

22         targeted case-management services; providing

23         for eligibility for coverage under the pilot

24         project; providing certain limitations on

25         funding; providing an effective date.

26

27  Be It Enacted by the Legislature of the State of Florida:

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29         Section 1.  Subsection (8) of section 216.136, Florida

30  Statutes, 1998 Supplement, is amended to read:

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    Florida Senate - 1999                           CS for SB 2250
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  1         216.136  Consensus estimating conferences; duties and

  2  principals.--

  3         (8)  CHILD WELFARE SYSTEM ESTIMATING CONFERENCE.--

  4         (a)  Duties.--The Child Welfare System Estimating

  5  Conference shall develop such official the following

  6  information relating to the child welfare system of the state,

  7  including forecasts of child welfare caseloads, as the

  8  conference determines is needed for the state planning and

  9  budgeting system. Such official information may include, but

10  is not limited to:

11         1.  Estimates and projections of the number of initial

12  and additional reports of child abuse, abandonment, or neglect

13  made to the central abuse hotline maintained by the Department

14  of Children and Family Services as established in s.

15  39.201(4). Projections may take into account other factors

16  that may influence the number of future reports to the abuse

17  hotline.

18         2.  Estimates and projections of the number of children

19  who are alleged to be victims of child abuse, abandonment, or

20  neglect and are in need of emergency shelter, foster care,

21  residential group care, adoptive services, or other

22  appropriate care placement in a shelter.

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24  In addition, the conference shall develop other official

25  information relating to the child welfare system of the state

26  which the conference determines is needed for the state

27  planning and budgeting system.  The Department of Children and

28  Family Services shall provide information on the child welfare

29  system requested by the Child Welfare System Estimating

30  Conference, or individual conference principals, in a timely

31  manner.

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    Florida Senate - 1999                           CS for SB 2250
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  1         (b)  Principals.--The Executive Office of the Governor,

  2  the coordinator of the Office of Economic and Demographic

  3  Research, and professional staff who have forecasting

  4  expertise from the Department of Health and Rehabilitative

  5  Services, the Senate, and the House of Representatives, or

  6  their designees, are the principals of the Child Welfare

  7  System Estimating Conference. The principal representing the

  8  Executive Office of the Governor shall preside over sessions

  9  of the conference.

10         Section 2.  Section 409.1671, Florida Statutes, 1998

11  Supplement, is amended to read:

12         409.1671  Foster care and related services;

13  privatization.--

14         (1)(a)  It is the intent of the Legislature that the

15  Department of Children and Family Services shall privatize the

16  provision of foster care and related services statewide. As

17  used in this section, the term "privatize" means to contract

18  with competent, community-based agencies.  The department

19  shall submit a plan to accomplish privatization statewide,

20  through a competitive process, phased in over a 3-year period

21  beginning January 1, 2000. This plan is to be submitted by

22  July 1, 1999, to the President of the Senate, the Speaker of

23  the House of Representatives, the Governor, and the minority

24  leaders of both houses. This plan must be developed with local

25  community participation, including, but not limited to, input

26  from community-based providers that are currently under

27  contract with the department to furnish community-based foster

28  care and related services, and must include a methodology for

29  determining and transferring all available funds, including

30  federal funds that the provider is eligible for and agrees to

31  earn and that portion of general revenue funds which is

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    Florida Senate - 1999                           CS for SB 2250
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  1  currently associated with the services that are being

  2  furnished under contract. The methodology must provide for the

  3  transfer of funds appropriated and budgeted for all services

  4  and programs that have been incorporated into the project,

  5  including all management, capital (including current furniture

  6  and equipment), and administrative funds to accomplish the

  7  transfer of these programs. This methodology must address

  8  expected workload and at least the 3 previous years'

  9  experience in expenses and workload. With respect to any

10  district or portion of a district in which privatization

11  cannot be accomplished within the 3-year timeframe, the

12  department must clearly state in its plan the reasons the

13  timeframe cannot be met and the efforts that should be made to

14  remediate the obstacles, which may include alternatives to

15  total privatization, such as public-private partnerships. As

16  used in this section, the term "related services" means family

17  preservation, independent living, emergency shelter,

18  residential group care, foster care, therapeutic foster care,

19  intensive residential treatment, foster care supervision, case

20  management, postplacement supervision, permanent foster care,

21  and family reunification. Unless otherwise provided for,

22  beginning in fiscal year 1999-2000, either the state attorney

23  or the Office of the Attorney General shall provide child

24  welfare legal services, pursuant to chapter 39 and other

25  relevant provisions, in Sarasota, Pinellas, Pasco, Broward,

26  and Manatee Counties.  Such legal services shall commence and

27  be effective, as soon as determined reasonably feasible by the

28  respective state attorney or the Office of the Attorney

29  General, after the privatization of associated programs and

30  child protective investigations has occurred.  When a private

31  nonprofit agency has received case management

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    Florida Senate - 1999                           CS for SB 2250
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  1  responsibilities, transferred from the state under this

  2  section, for a child who is sheltered or found to be dependent

  3  and who is assigned to the care of the privatization project,

  4  the agency may act as the child's guardian for the purpose of

  5  registering the child in school if a parent or guardian of the

  6  child is unavailable and his or her whereabouts cannot

  7  reasonably be ascertained. The private nonprofit agency may

  8  also seek emergency medical attention for such a child, but

  9  only if a parent or guardian of the child is unavailable, his

10  or her whereabouts cannot reasonably be ascertained, and a

11  court order for such emergency medical services cannot be

12  obtained because of the severity of the emergency or because

13  it is after normal working hours. However, the provider may

14  not consent to sterilization, abortion, or termination of life

15  support. If a child's parents' rights have been terminated,

16  the nonprofit agency shall act as guardian of the child in all

17  circumstances.

18         (b)  As used in this section, the term "eligible lead

19  community-based provider" means a single agency with which the

20  department shall contract for the provision of child

21  protective services in a community that is no smaller than a

22  county.  To compete for a privatization project, such agency

23  must have:

24         1.  The ability to coordinate, integrate, and manage

25  all child protective services in the designated community in

26  cooperation with child protective investigations.

27         2.  The ability to ensure continuity of care from entry

28  to exit for all children referred from the protective

29  investigation and court systems.

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    Florida Senate - 1999                           CS for SB 2250
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  1         3.  The ability to provide directly, or contract for

  2  through a local network of providers, all necessary child

  3  protective services.

  4         4.  The willingness to accept accountability for

  5  meeting the outcomes and performance standards related to

  6  child protective services established by the Legislature and

  7  the Federal Government.

  8         5.  The capability and the willingness to serve all

  9  children referred to it from the protective investigation and

10  court systems, regardless of the level of funding allocated to

11  the community by the state, provided all related funding is

12  transferred.

13         6.  The willingness to ensure that each individual who

14  provides child protective services completes the training

15  required of child protective service workers by the Department

16  of Children and Family Services.

17         (2)(a)  The department may contract for the delivery,

18  administration, or management of protective services, the

19  services specified in subsection (1) relating to foster care,

20  and other related services or programs, as appropriate. The

21  department shall retain responsibility for the quality of

22  contracted services and programs and shall ensure that

23  services are delivered in accordance with applicable federal

24  and state statutes and regulations.

25         (b)  Persons employed by the department in the

26  provision of foster care and related services whose positions

27  are being privatized pursuant to this statute shall be given

28  hiring preference by the provider, if provider qualifications

29  are met.

30         (3)(a)  The department shall establish a quality

31  assurance program for privatized services. The quality

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    Florida Senate - 1999                           CS for SB 2250
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  1  assurance program may be performed by a national accrediting

  2  organization such as the Council on Accreditation of Services

  3  for Families and Children, Inc. (COA) or the Council on

  4  Accreditation of Rehabilitation Facilities (CARF). The

  5  department shall develop a request for proposal for such

  6  oversight. This program must be developed and administered at

  7  a statewide level. The Legislature intends that the department

  8  be permitted to have limited flexibility to use funds for

  9  improving quality assurance. To this end, effective January 1,

10  2000, the department may transfer up to 0.125 percent of the

11  total funds from categories used to pay for these

12  contractually provided services, but the total amount of such

13  transferred funds may not exceed $300,000 in any fiscal year.

14  When necessary, the department may establish, in accordance

15  with s. 216.177, additional positions that will be exclusively

16  devoted to these functions. Any positions required under this

17  paragraph may be established, notwithstanding ss.

18  216.262(1)(a) and 216.351. The department, in consultation

19  with the community-based agencies that are undertaking the

20  privatized projects, shall establish minimum thresholds for

21  each component of service, consistent with standards

22  established by the Legislature. Each program operated under

23  contract with a community-based agency must be evaluated

24  annually by the department. The department shall submit an

25  annual report regarding quality performance, outcome measure

26  attainment, and cost efficiency to the President of the

27  Senate, the Speaker of the House of Representatives, the

28  minority leader of each house of the Legislature, and the

29  Governor no later than January 31 of each year for each

30  project in operation during the preceding fiscal year.

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  1         (b)  The department shall use these findings in making

  2  recommendations to the Governor and the Legislature for future

  3  program and funding priorities in the child welfare system.

  4         (4)(a)  The community-based agency must comply with

  5  statutory requirements and agency rules in the provision of

  6  contractual services. Each foster home, therapeutic foster

  7  home, emergency shelter, or other placement facility operated

  8  by the community-based agency or agencies must be licensed by

  9  the Department of Children and Family Services under chapter

10  402 or this chapter. Each community-based agency must be

11  licensed as a child-caring or child-placing agency by the

12  department under this chapter. The department, in order to

13  eliminate or reduce the number of duplicate inspections by

14  various program offices, shall coordinate inspections required

15  pursuant to licensure of agencies under this section.

16         (b)  Substitute care providers who are licensed under

17  s. 409.175 and have contracted with a lead agency authorized

18  under this section shall also be authorized to provide

19  registered or licensed family day care under s. 402.313, if

20  consistent with federal law and if the home has met:

21         1.  The requirements of s. 402.313; and

22         2.  The requirements of s. 402.281 and has received

23  Gold Seal Quality Care designation.

24         (c)  A dually licensed home under this section shall be

25  eligible to receive both the foster care board rate and the

26  subsidized child care rate for the same child only if care is

27  provided 24 hours a day. The subsidized child care rate shall

28  be no more than the approved full-time rate.

29         (5)  Beginning January 1, 1999, and continuing at least

30  through June 30, 2000 December 31, 1999, the Department of

31  Children and Family Services shall privatize all foster care

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    Florida Senate - 1999                           CS for SB 2250
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  1  and related services in district 5 while continuing to

  2  contract with the current model programs in districts 1, 4,

  3  and 13, and in subdistrict 8A, and shall expand the

  4  subdistrict 8A pilot program to incorporate Manatee County.

  5  Planning for the district 5 privatization shall be done by

  6  providers that are currently under contract with the

  7  department for foster care and related services and shall be

  8  done in consultation with the department.  A lead provider of

  9  the district 5 program shall be competitively selected, must

10  demonstrate the ability to provide necessary comprehensive

11  services through a local network of providers, and must meet

12  criteria established in this section. Contracts with

13  organizations responsible for the model programs must include

14  the management and administration of all privatized services

15  specified in subsection (1). However, the department may use

16  funds for contract management only after obtaining written

17  approval from the Executive Office of the Governor. The

18  request for such approval must include, but is not limited to,

19  a statement of the proposed amount of such funds and a

20  description of the manner in which such funds will be used. If

21  the community-based organization selected for a model program

22  under this subsection is not a Medicaid provider, the

23  organization shall be issued a Medicaid provider number

24  pursuant to s. 409.907 for the provision of services currently

25  authorized under the state Medicaid plan to those children

26  encompassed in this model and in a manner not to exceed the

27  current level of state expenditure.

28         (6)  Each district and subdistrict that participates in

29  the model program effort or any future privatization effort as

30  described in this section must thoroughly analyze and report

31  the complete direct and indirect costs of delivering these

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    Florida Senate - 1999                           CS for SB 2250
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  1  services through the department and the full cost of

  2  privatization, including the cost of monitoring and evaluating

  3  the contracted services.

  4         Section 3.  Subsection (24) is added to section

  5  409.906, Florida Statutes, 1998 Supplement, to read:

  6         409.906  Optional Medicaid services.--Subject to

  7  specific appropriations, the agency may make payments for

  8  services which are optional to the state under Title XIX of

  9  the Social Security Act and are furnished by Medicaid

10  providers to recipients who are determined to be eligible on

11  the dates on which the services were provided.  Any optional

12  service that is provided shall be provided only when medically

13  necessary and in accordance with state and federal law.

14  Nothing in this section shall be construed to prevent or limit

15  the agency from adjusting fees, reimbursement rates, lengths

16  of stay, number of visits, or number of services, or making

17  any other adjustments necessary to comply with the

18  availability of moneys and any limitations or directions

19  provided for in the General Appropriations Act or chapter 216.

20  Optional services may include:

21         (24)  CHILD-WELFARE-TARGETED CASE MANAGEMENT.--The

22  Agency for Health Care Administration, in consultation with

23  the Department of Children and Family Services, may establish

24  a targeted case-management pilot project in those counties

25  identified by the Department of Children and Family Services

26  and for the community-based child welfare project in Sarasota

27  and Manatee counties, as authorized under s. 409.1671. These

28  projects shall be established for the purpose of determining

29  the impact of targeted case management on the child welfare

30  program and the earnings from the child welfare program.

31  Results of the pilot projects shall be reported to the Child

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    Florida Senate - 1999                           CS for SB 2250
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  1  Welfare Estimating Conference and the Social Services

  2  Estimating Conference established under s. 216.136. The number

  3  of projects may not be increased until requested by the

  4  Department of Children and Family Services, recommended by the

  5  Child Welfare Estimating Conference and the Social Services

  6  Estimating Conference, and approved by the Legislature. The

  7  covered group of individuals who are eligible to receive

  8  targeted case management include children who are eligible for

  9  Medicaid; who are between the ages of birth through 21; and

10  who are under protective supervision or postplacement

11  supervision, under foster-care supervision, or in shelter care

12  or foster care. The number of individuals who are eligible to

13  receive targeted case management shall be limited to the

14  number for whom the Department of Children and Family Services

15  has available matching funds to cover the costs. The general

16  revenue funds required to match the funds for services

17  provided by the community-based child welfare projects are

18  limited to funds available for services described under s.

19  409.1671. The Department of Children and Family Services may

20  transfer the general revenue matching funds as billed by the

21  Agency for Health Care Administration.

22         Section 4.  This act shall take effect upon becoming a

23  law.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2250

  3

  4  Removes the provision directing the Department of Children and
    Family Services to transfer federal earnings that exceed the
  5  contracted amount back to the lead agency in the district
    where the funds were earned.
  6
    Adds Broward County to the designated counties for either the
  7  state attorney or the Attorney General to provide child
    welfare legal services.
  8
    Adds Gold Seal Quality Care designation and makes technical
  9  changes to the dual licensure requirements for substitute care
    providers under contract with a lead agency.
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    Allows the child welfare estimating conference to use factors
11  other than the number of reports of abuse, abandonment, or
    neglect made to the abuse hotline in their projections and
12  estimates.

13  Removes that provision that authorizes the Agency for Health
    Care Administration to contract with certain community-based
14  agencies providing behavioral health care services.

15  Allows the Agency for Health Care and the department to
    establish a targeted case management pilot project in certain
16  counties using the general revenue funds in contracts with
    community-based child welfare projects to match federal funds.
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