CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 755

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on Child & Family Security offered the

12  following:

13

14         Amendment (with title amendment) 

15         On page 6, line 26 to page 23, line 23

16  remove:  said lines

17

18  and insert:

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

20  Department of Children and Family Services shall privatize the

21  provision of foster care and related services statewide. It is

22  further the Legislature's intent to encourage communities and

23  other stakeholders in the well-being of children to

24  participate in assuring that children are safe and

25  well-nurtured. However, while recognizing that some local

26  governments are presently funding portions of certain foster

27  care and related services programs and may choose to expand

28  such funding in the future, the Legislature does not intend by

29  its privatization of foster care and related services that any

30  county, municipality, or special district be required to

31  assist in funding programs that previously have been funded by

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 755

    Amendment No. 1 (for drafter's use only)





  1  the state. Nothing in this paragraph prohibits any county,

  2  municipality, or special district from future voluntary

  3  funding participation in foster care and related services. As

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

  5  with competent, community-based agencies. The department shall

  6  submit a plan to accomplish privatization statewide, through a

  7  competitive process, phased in over a 3-year period beginning

  8  January 1, 2000. This plan must be developed with local

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

10  from community-based providers that are currently under

11  contract with the department to furnish community-based foster

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

13  determining and transferring all available funds, including

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

15  earn and that portion of general revenue funds which is

16  currently associated with the services that are being

17  furnished under contract. The methodology must provide for the

18  transfer of funds appropriated and budgeted for all services

19  and programs that have been incorporated into the project,

20  including all management, capital (including current furniture

21  and equipment), and administrative funds to accomplish the

22  transfer of these programs. This methodology must address

23  expected workload and at least the 3 previous years'

24  experience in expenses and workload. With respect to any

25  district or portion of a district in which privatization

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

27  department must clearly state in its plan the reasons the

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

29  remediate the obstacles, which may include alternatives to

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

31  used in this section, the term "related services" includes,

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 755

    Amendment No. 1 (for drafter's use only)





  1  but is not limited to, family preservation, independent

  2  living, emergency shelter, residential group care, foster

  3  care, therapeutic foster care, intensive residential

  4  treatment, foster care supervision, case management,

  5  postplacement supervision, permanent foster care, and family

  6  reunification. Unless otherwise provided for, beginning in

  7  fiscal year 1999-2000, either the state attorney or the Office

  8  of the Attorney General shall provide child welfare legal

  9  services, pursuant to chapter 39 and other relevant

10  provisions, in Sarasota, Pinellas, Pasco, Broward, and Manatee

11  Counties.  Such legal services shall commence and be

12  effective, as soon as determined reasonably feasible by the

13  respective state attorney or the Office of the Attorney

14  General, after the privatization of associated programs and

15  child protective investigations has occurred.  When a private

16  nonprofit agency has received case management

17  responsibilities, transferred from the state under this

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

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

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

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

22  child is unavailable and his or her whereabouts cannot

23  reasonably be ascertained. The private nonprofit agency may

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

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

26  or her whereabouts cannot reasonably be ascertained, and a

27  court order for such emergency medical services cannot be

28  obtained because of the severity of the emergency or because

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

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 755

    Amendment No. 1 (for drafter's use only)





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

  2  circumstances.

  3         (b)  It is the intent of the Legislature that the

  4  department will continue to work towards full privatization by

  5  initiating the competitive-procurement process in each county

  6  by January 1, 2003. In order to provide for an adequate

  7  transition period to develop the necessary administrative and

  8  service-delivery capacity in each community, the full transfer

  9  of all foster care and related services must be completed

10  statewide by December 31, 2004.

11         (c)(b)  As used in this section, the term "eligible

12  lead community-based provider" means a single agency with

13  which the department shall contract for the provision of child

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

15  county. The secretary of the department may authorize more

16  than one eligible lead community-based provider within a

17  single county when to do so will result in more effective

18  delivery of foster care and related services. To compete for a

19  privatization project, such agency must have:

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

21  all child protective services in the designated community in

22  cooperation with child protective investigations.

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

24  to exit for all children referred from the protective

25  investigation and court systems.

26         3.  The ability to provide directly, or contract for

27  through a local network of providers, all necessary child

28  protective services.

29         4.  The willingness to accept accountability for

30  meeting the outcomes and performance standards related to

31  child protective services established by the Legislature and

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 755

    Amendment No. 1 (for drafter's use only)





  1  the Federal Government.

  2         5.  The capability and the willingness to serve all

  3  children referred to it from the protective investigation and

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

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

  6  transferred.

  7         6.  The willingness to ensure that each individual who

  8  provides child protective services completes the training

  9  required of child protective service workers by the Department

10  of Children and Family Services.

11         7.  The ability to maintain eligibility to receive all

12  federal child welfare funds, including Title IV-E and IV-A

13  funds, currently being used by the Department of Children and

14  Family Services.

15         (d)(c)1.  If attempts to competitively procure services

16  through an eligible lead community-based provider as defined

17  in paragraph (c)(b) do not produce a capable and willing

18  agency, the department shall develop a plan in collaboration

19  with the local community alliance. The plan must detail how

20  the community will continue to implement privatization through

21  competitively procuring either the specific components of

22  foster care and related services or comprehensive services for

23  defined eligible populations of children and families from

24  qualified licensed agencies as part of its efforts to develop

25  the local capacity for a community-based system of coordinated

26  care. The plan must ensure local control over the management

27  and administration of the service provision in accordance with

28  the intent of this section and may include recognized best

29  business practices, including some form of public or private

30  partnerships. In the absence of a community alliance, the plan

31  must be submitted to the President of the Senate and the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 755

    Amendment No. 1 (for drafter's use only)





  1  Speaker of the House of Representatives for their comments.

  2         (e)  In any county in which a service contract has not

  3  been executed by December 31, 2004, the department shall

  4  ensure access to a model comprehensive residential services

  5  program as described in s. 409.1677 that, without imposing

  6  undo financial, geographic, or other barriers, ensures

  7  reasonable and appropriate participation by the family in the

  8  child's program.

  9         1.  In order to assure that the program is operational

10  by December 31, 2004, the department must, by December 31,

11  2003, begin the process of establishing access to a program in

12  any county in which the department has not either entered into

13  a transition contract or approved a community plan, as

14  described in (d), that assures full privatization by the

15  statutory deadline.

16         2.  The program must be procured through a competitive

17  process.

18         3.  The Legislature does not intend for the provisions

19  of this paragraph to substitute for the requirement that full

20  conversion to community-based care be accomplished.

21         (f)  1.2.  The Legislature finds that the state has

22  traditionally provided foster care services to children who

23  have been the responsibility of the state. As such, foster

24  children have not had the right to recover for injuries beyond

25  the limitations specified in s. 768.28. The Legislature has

26  determined that foster care and related services need to be

27  privatized pursuant to this section and that the provision of

28  such services is of paramount importance to the state. The

29  purpose for such privatization is to increase the level of

30  safety, security, and stability of children who are or become

31  the responsibility of the state. One of the components

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 755

    Amendment No. 1 (for drafter's use only)





  1  necessary to secure a safe and stable environment for such

  2  children is that private providers maintain liability

  3  insurance. As such, insurance needs to be available and remain

  4  available to nongovernmental foster care and related services

  5  providers without the resources of such providers being

  6  significantly reduced by the cost of maintaining such

  7  insurance.

  8         2.3.  The Legislature further finds that, by requiring

  9  the following minimum levels of insurance, children in

10  privatized foster care and related services will gain

11  increased protection and rights of recovery in the event of

12  injury than provided for in s. 768.28.

13         (g)(d)  Other than an entity to which s. 768.28

14  applies, any eligible lead community-based provider, as

15  defined in paragraph (c)(b), or its employees or officers,

16  except as otherwise provided in paragraph (h)(e), must, as a

17  part of its contract, obtain a minimum of $1 million per

18  claim/$3 million per incident in general liability insurance

19  coverage. The eligible lead community-based provider must also

20  require that staff who transport client children and families

21  in their personal automobiles in order to carry out their job

22  responsibilities obtain minimum bodily injury liability

23  insurance in the amount of $100,000 per claim, $300,000 per

24  incident on their personal automobiles. In any tort action

25  brought against such an eligible lead community-based provider

26  or employee, net economic damages shall be limited to $1

27  million per liability claim and $100,000 per automobile claim,

28  including, but not limited to, past and future medical

29  expenses, wage loss, and loss of earning capacity, offset by

30  any collateral source payment paid or payable. In any tort

31  action brought against such an eligible lead community-based

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 755

    Amendment No. 1 (for drafter's use only)





  1  provider, noneconomic damages shall be limited to $200,000 per

  2  claim. A claims bill may be brought on behalf of a claimant

  3  pursuant to s. 768.28 for any amount exceeding the limits

  4  specified in this paragraph. Any offset of collateral source

  5  payments made as of the date of the settlement or judgment

  6  shall be in accordance with s. 768.76. The lead

  7  community-based provider shall not be liable in tort for the

  8  acts or omissions of its subcontractors or the officers,

  9  agents, or employees of its subcontractors.

10         (h)(e)  The liability of an eligible lead

11  community-based provider described in this section shall be

12  exclusive and in place of all other liability of such

13  provider. The same immunities from liability enjoyed by such

14  providers shall extend as well to each employee of the

15  provider when such employee is acting in furtherance of the

16  provider's business, including the transportation of clients

17  served, as described in this subsection, in privately owned

18  vehicles. Such immunities shall not be applicable to a

19  provider or an employee who acts in a culpably negligent

20  manner or with willful and wanton disregard or unprovoked

21  physical aggression when such acts result in injury or death

22  or such acts proximately cause such injury or death; nor shall

23  such immunities be applicable to employees of the same

24  provider when each is operating in the furtherance of the

25  provider's business, but they are assigned primarily to

26  unrelated works within private or public employment. The same

27  immunity provisions enjoyed by a provider shall also apply to

28  any sole proprietor, partner, corporate officer or director,

29  supervisor, or other person who in the course and scope of his

30  or her duties acts in a managerial or policymaking capacity

31  and the conduct that caused the alleged injury arose within

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 755

    Amendment No. 1 (for drafter's use only)





  1  the course and scope of those managerial or policymaking

  2  duties. Culpable negligence is defined as reckless

  3  indifference or grossly careless disregard of human life.

  4         (i)(f)  Any subcontractor of an eligible lead

  5  community-based provider, as defined in paragraph (c)(b),

  6  which is a direct provider of foster care and related services

  7  to children and families, and its employees or officers,

  8  except as otherwise provided in paragraph (h)(e), must, as a

  9  part of its contract, obtain a minimum of $1 million per

10  claim/$3 million per incident in general liability insurance

11  coverage. The subcontractor of an eligible lead

12  community-based provider must also require that staff who

13  transport client children and families in their personal

14  automobiles in order to carry out their job responsibilities

15  obtain minimum bodily injury liability insurance in the amount

16  of $100,000 per claim, $300,000 per incident on their personal

17  automobiles. In any tort action brought against such

18  subcontractor or employee, net economic damages shall be

19  limited to $1 million per liability claim and $100,000 per

20  automobile claim, including, but not limited to, past and

21  future medical expenses, wage loss, and loss of earning

22  capacity, offset by any collateral source payment paid or

23  payable. In any tort action brought against such

24  subcontractor, noneconomic damages shall be limited to

25  $200,000 per claim. A claims bill may be brought on behalf of

26  a claimant pursuant to s. 768.28 for any amount exceeding the

27  limits specified in this paragraph. Any offset of collateral

28  source payments made as of the date of the settlement or

29  judgment shall be in accordance with s. 768.76.

30         (j)(g)  The liability of a subcontractor of an eligible

31  lead community-based provider that is a direct provider of

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 755

    Amendment No. 1 (for drafter's use only)





  1  foster care and related services as described in this section

  2  shall be exclusive and in place of all other liability of such

  3  provider. The same immunities from liability enjoyed by such

  4  subcontractor provider shall extend as well to each employee

  5  of the subcontractor when such employee is acting in

  6  furtherance of the subcontractor's business, including the

  7  transportation of clients served, as described in this

  8  subsection, in privately owned vehicles. Such immunities shall

  9  not be applicable to a subcontractor or an employee who acts

10  in a culpably negligent manner or with willful and wanton

11  disregard or unprovoked physical aggression when such acts

12  result in injury or death or such acts proximately cause such

13  injury or death; nor shall such immunities be applicable to

14  employees of the same subcontractor when each is operating in

15  the furtherance of the subcontractor's business, but they are

16  assigned primarily to unrelated works within private or public

17  employment. The same immunity provisions enjoyed by a

18  subcontractor shall also apply to any sole proprietor,

19  partner, corporate officer or director, supervisor, or other

20  person who in the course and scope of his or her duties acts

21  in a managerial or policymaking capacity and the conduct that

22  caused the alleged injury arose within the course and scope of

23  those managerial or policymaking duties. Culpable negligence

24  is defined as reckless indifference or grossly careless

25  disregard of human life.

26         (k)(h)  The Legislature is cognizant of the increasing

27  costs of goods and services each year and recognizes that

28  fixing a set amount of compensation actually has the effect of

29  a reduction in compensation each year. Accordingly, the

30  conditional limitations on damages in this section shall be

31  increased at the rate of 5 percent each year, prorated from

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 755

    Amendment No. 1 (for drafter's use only)





  1  the effective date of this paragraph to the date at which

  2  damages subject to such limitations are awarded by final

  3  judgment or settlement.

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

  5  administration, or management of protective services, the

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

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

  8  department shall retain responsibility for the quality of

  9  contracted services and programs and shall ensure that

10  services are delivered in accordance with applicable federal

11  and state statutes and regulations. The department must adopt

12  written policies and procedures for monitoring the contract

13  for delivery of services by lead community-based providers.

14  These policies and procedures must, at a minimum, address the

15  evaluation of fiscal accountability and program operations,

16  including provider achievement of performance standards,

17  provider monitoring of subcontractors, and timely followup of

18  corrective actions for significant monitoring findings related

19  to providers and subcontractors. These policies and procedures

20  must also include provisions for reducing the duplication of

21  the department's program monitoring activities both internally

22  and with other agencies, to the extent possible. The

23  department's written procedures must assure that the written

24  findings, conclusions, and recommendations from monitoring the

25  contract for services of lead community-based providers are

26  communicated to the director of the provider agency as

27  expeditiously as possible.

28         (b)  Persons employed by the department in the

29  provision of foster care and related services whose positions

30  are being privatized pursuant to this statute shall be given

31  hiring preference by the provider, if provider qualifications

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 755

    Amendment No. 1 (for drafter's use only)





  1  are met.

  2         (3)(a)  In order to help ensure a seamless child

  3  protection system, the department shall ensure that contracts

  4  entered into with community-based agencies pursuant to this

  5  section include provisions for a case-transfer process to

  6  determine the date that the community-based agency will

  7  initiate the appropriate services for a child and family. This

  8  case-transfer process must clearly identify the closure of the

  9  protective investigation and the initiation of service

10  provision. At the point of case transfer, and at the

11  conclusion of an investigation, the department must provide a

12  complete summary of the findings of the investigation to the

13  community-based agency.

14         (b)  The contracts must also ensure that each

15  community-based agency shall furnish information on its

16  activities in all cases in client case records regular status

17  reports of its cases to the department as specified in the

18  contract. A provider may not discontinue services on any

19  voluntary case without prior written notification to the

20  department 30 days before planned case closure. If the

21  department disagrees with the recommended case closure,

22  written notification to the provider must be provided before

23  the case-closure date. without prior written notification to

24  the department. After discontinuing services to a child or a

25  child and family, the community-based agency must provide a

26  written case summary, including its assessment of the child

27  and family, to the department.

28         (c)  The contract between the department and

29  community-based agencies must include provisions that specify

30  the procedures to be used by the parties to resolve

31  differences in interpreting the contract or to resolve

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 755

    Amendment No. 1 (for drafter's use only)





  1  disputes as to the adequacy of the parties' compliance with

  2  their respective obligations under the contract.

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

  4  assurance program for privatized services. The quality

  5  assurance program shall be based on standards established by a

  6  national accrediting organization such as the Council on

  7  Accreditation of Services for Families and Children, Inc.

  8  (COA) or CARF--the Rehabilitation Accreditation Commission.

  9  The department may develop a request for proposal for such

10  oversight. This program must be developed and administered at

11  a statewide level. The Legislature intends that the department

12  be permitted to have limited flexibility to use funds for

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

14  2000, the department may transfer up to 0.125 percent of the

15  total funds from categories used to pay for these

16  contractually provided services, but the total amount of such

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

18  When necessary, the department may establish, in accordance

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

20  devoted to these functions. Any positions required under this

21  paragraph may be established, notwithstanding ss.

22  216.262(1)(a) and 216.351. The department, in consultation

23  with the community-based agencies that are undertaking the

24  privatized projects, shall establish minimum thresholds for

25  each component of service, consistent with standards

26  established by the Legislature. Each program operated under

27  contract with a community-based agency must be evaluated

28  annually by the department. The department shall submit an

29  annual report regarding quality performance, outcome measure

30  attainment, and cost efficiency to the President of the

31  Senate, the Speaker of the House of Representatives, the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 755

    Amendment No. 1 (for drafter's use only)





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

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

  3  project in operation during the preceding fiscal year.

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

  5  recommendations to the Governor and the Legislature for future

  6  program and funding priorities in the child welfare system.

  7         (5)(a)  The community-based agency must comply with

  8  statutory requirements and agency rules in the provision of

  9  contractual services. Each foster home, therapeutic foster

10  home, emergency shelter, or other placement facility operated

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

12  the Department of Children and Family Services under chapter

13  402 or this chapter. Each community-based agency must be

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

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

16  eliminate or reduce the number of duplicate inspections by

17  various program offices, shall coordinate inspections required

18  pursuant to licensure of agencies under this section.

19         (b)  Substitute care providers who are licensed under

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

21  under this section shall also be authorized to provide

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

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

24         1.  tThe requirements of s. 402.313.; and

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

26  Gold Seal Quality Care designation.

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

28  eligible to receive both an out-of-home care payment and a

29  subsidized child care payment for the same child pursuant to

30  federal law. The department may adopt administrative rules

31  necessary to administer this paragraph.  the foster care board

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 755

    Amendment No. 1 (for drafter's use only)





  1  rate and the subsidized child care rate for the same child

  2  only if care is provided 24 hours a day. The subsidized child

  3  care rate shall be no more than the approved full-time rate.

  4         (6)  Beginning January 1, 1999, and continuing at least

  5  through June 30, 2000, the Department of Children and Family

  6  Services shall privatize all foster care and related services

  7  in district 5 while continuing to contract with the current

  8  model programs in districts 1, 4, and 13, and in subdistrict

  9  8A, and shall expand the subdistrict 8A pilot program to

10  incorporate Manatee County. Planning for the district 5

11  privatization shall be done by providers that are currently

12  under contract with the department for foster care and related

13  services and shall be done in consultation with the

14  department.  A lead provider of the district 5 program shall

15  be competitively selected, must demonstrate the ability to

16  provide necessary comprehensive services through a local

17  network of providers, and must meet criteria established in

18  this section. Contracts with organizations responsible for the

19  model programs must include the management and administration

20  of all privatized services specified in subsection (1).

21  However, the department may use funds for contract management

22  only after obtaining written approval from the Executive

23  Office of the Governor. The request for such approval must

24  include, but is not limited to, a statement of the proposed

25  amount of such funds and a description of the manner in which

26  such funds will be used. If the community-based organization

27  selected for a model program under this subsection is not a

28  Medicaid provider, the organization shall be issued a Medicaid

29  provider number pursuant to s. 409.907 for the provision of

30  services currently authorized under the state Medicaid plan to

31  those children encompassed in this model and in a manner not

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 755

    Amendment No. 1 (for drafter's use only)





  1  to exceed the current level of state expenditure.

  2         (7)  The department, in consultation with existing lead

  3  agencies, shall develop a statewide proposal regarding the

  4  long-term use and structure of a shared-earnings program which

  5  addresses is authorized to establish and administer a risk

  6  pool to reduce the financial risk to eligible lead

  7  community-based providers resulting from unanticipated

  8  caseload growth or from significant changes in client mixes or

  9  services eligible for federal reimbursement. The

10  recommendations in the statewide proposal must also be

11  available to entities of the department until the conversion

12  to community-based care takes place. At a minimum, the

13  proposal must allow federal earnings received from child

14  welfare programs that are determined by the department to be

15  in excess of the amount appropriated in the General

16  Appropriations Act. These purposes include, but are not

17  limited to:

18         (a)  Significant changes in the number or composition

19  of clients eligible to receive services.

20         (b)  Significant changes in the services that are

21  eligible for reimbursement.

22         (c)  Significant changes in the availability of federal

23  funds.

24         (d)  Shortfalls in state funds available for eligible

25  or ineligible services.

26         (e)  Significant changes in the mix of available funds.

27         (f)  Scheduled or unanticipated, but necessary,

28  advances to providers or other cash-flow issues.

29         (g)  Proposals to participate in optional Medicaid

30  services or other federal grant opportunities.

31         (h)  Appropriate incentive structures.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 755

    Amendment No. 1 (for drafter's use only)





  1         (i)  Continuity of care in the event of lead-agency

  2  failure, discontinuance of service, or financial misconduct.

  3

  4  The department shall further specify the necessary steps to

  5  ensure the financial integrity of these dollars and their

  6  continued availability on an ongoing basis. The final proposal

  7  shall be submitted to the Legislative Budget Commission for

  8  formal adoption before December 31, 2002. If the Legislative

  9  Budget Commission refuses to concur with the adoption of the

10  proposal, the department shall present its proposal in the

11  form of recommended legislation to the President of the Senate

12  and the Speaker of the House of Representatives before the

13  commencement of the next legislative session.

14         (8)  Notwithstanding the provisions of s. 215.425, all

15  documented federal funds earned for the current fiscal year by

16  the department and community-based agencies which exceed the

17  amount appropriated by the Legislature shall be distributed to

18  all entities that contributed to the excess earnings based on

19  a schedule and methodology developed by the department and

20  approved by the Executive Office of the Governor. Distribution

21  shall be pro rata based on total earnings and shall be made

22  only to those entities that contributed to excess earnings.

23  Excess earnings of community-based agencies shall be used only

24  in the service district in which they were earned. Additional

25  state funds appropriated by the Legislature for

26  community-based agencies or made available pursuant to the

27  budgetary amendment process described in s. 216.177 shall be

28  transferred to the community-based agencies. The department

29  shall amend a community-based agency's contract to permit

30  expenditure of the funds. The distribution program applies

31  only to entities that were under privatization contracts as of

                                  17

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 755

    Amendment No. 1 (for drafter's use only)





  1  July 1, 2002 1999. This program is authorized for a period of

  2  3 years beginning July 1, 1999, and ending June 30, 2002. The

  3  Office of Program Policy Analysis and Government

  4  Accountability shall review this program and report to the

  5  President of the Senate and the Speaker of the House of

  6  Representatives by December 31, 2001. The review shall assess

  7  the program to determine how the additional resources were

  8  used, the number of additional clients served, the

  9  improvements in quality of service attained, the performance

10  outcomes associated with the additional resources, and the

11  feasibility of continuing or expanding this program.

12         (9)  Each district and subdistrict that participates in

13  the model program effort or any future privatization effort as

14  described in this section must thoroughly analyze and report

15  the complete direct and indirect costs of delivering these

16  services through the department and the full cost of

17  privatization, including the cost of monitoring and evaluating

18  the contracted services.

19

20

21  ================ T I T L E   A M E N D M E N T ===============

22  And the title is amended as follows:

23         On page 2, line 2

24  remove:  said line

25

26  and insert:

27         may close a case; modifying the requirements

28         concerning dual licensure of foster homes;

29         eliminating the authority for

30

31

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