House Bill hb0755c1

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




    Florida House of Representatives - 2002              CS/HB 755

        By the Council for Healthy Communities and Representatives
    Murman, Rich, Fiorentino and Sobel





  1                      A bill to be entitled

  2         An act relating to residential group care;

  3         repealing s. 39.521(5), F.S., relating to the

  4         mandatory assessment of specified children for

  5         placement in licensed residential group care;

  6         creating s. 39.523, F.S.; prescribing

  7         procedures for the mandatory assessment of

  8         certain children for placement in licensed

  9         residential group care; providing for reports;

10         providing for a residential group care

11         appropriations category in the General

12         Appropriations Act; specifying that the release

13         of certain funds is contingent on the approval

14         of a spending plan; prescribing elements of the

15         plan; authorizing one-time startup funding;

16         amending s. 409.1671, F.S.; specifying

17         timeframes for initiating and for completing

18         privatization of foster care and related

19         services; providing for the establishment of a

20         model comprehensive residential services

21         program in specified counties; requiring

22         community-based providers and subcontractors to

23         obtain automobile insurance coverage; providing

24         certain immunity from liability when

25         transporting clients in privately owned

26         automobiles; directing the Department of

27         Children and Family Services to adopt written

28         policies and procedures for contract monitoring

29         of community-based providers; modifying the

30         requirement for community-based providers to

31         furnish information to the department;

                                  1

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1         modifying the conditions under which a provider

  2         may close a case; modifying the requirements

  3         concerning dual licensure of foster homes;

  4         eliminating the authority for a risk pool;

  5         requiring the development of a proposal for a

  6         shared earnings program; providing direction

  7         for the development of the proposal; providing

  8         for submission of the proposal to the

  9         Legislative Budget Commission and for

10         submission to the Legislature under certain

11         conditions; expanding the program relating to

12         excess federal earnings and certain additional

13         state funds to additional entities; eliminating

14         a specified expiration for this program;

15         eliminating an obsolete review requirement;

16         amending s. 409.1676, F.S.; removing a

17         reference to specific districts and regions of

18         the department; amending s. 409.906, F.S.;

19         expanding the authority for the establishment

20         of child welfare targeted case management

21         projects; eliminating reference to a pilot

22         project; eliminating the requirement to report

23         to the Child Welfare Estimating Conference

24         regarding targeted case management; directing

25         the Office of Program Policy Analysis and

26         Government Accountability, in consultation with

27         the department and the Agency for Health Care

28         Administration, to conduct a review of the

29         process for placing children for residential

30         mental health treatment; providing for a report

31         to the Governor and Legislature; requiring that

                                  2

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1         the Legislature appropriate a lump sum in the

  2         Administered Funds Program each year for a

  3         specified purpose; requiring agreements between

  4         Healthy Families Florida lead entities and

  5         community-based care lead agencies under

  6         certain circumstances; creating a task force on

  7         community-based care efficiency; specifying

  8         membership and duties; requiring a report;

  9         providing an effective date.

10

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

12

13         Section 1.  Subsection (5) of section 39.521, Florida

14  Statutes, is repealed.

15         Section 2.  Section 39.523, Florida Statutes, is

16  created to read:

17         39.523  Placement in residential group care.--

18         (1)  Except as provided in s. 39.407, any child 11

19  years of age or older who has been in licensed family foster

20  care for 6 months or longer and who is then moved more than

21  once must be assessed for placement in licensed residential

22  group care. The assessment procedures shall be conducted by

23  the department or its agent and shall incorporate and address

24  current and historical information from any psychological

25  testing or evaluation that has occurred; current and

26  historical information from the guardian ad litem, if one has

27  been assigned; current and historical information from any

28  current therapist, teacher, or other professional who has

29  knowledge of the child and has worked with the child;

30  information regarding the placement of any siblings of the

31  child and the impact of the child's placement in residential

                                  3

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  group care on the child's siblings; the circumstances

  2  necessitating the moves of the child while in family foster

  3  care and the recommendations of the former foster families, if

  4  available; the status of the child's case plan and a

  5  determination as to the impact of placing the child in

  6  residential group care on the goals of the case plan; the age,

  7  maturity, and desires of the child concerning placement; the

  8  availability of any less restrictive, more family-like setting

  9  for the child in which the foster parents have the necessary

10  training and skills for providing a suitable placement for the

11  child; and any other information concerning the availability

12  of suitable residential group care. If such placement is

13  determined to be appropriate as a result of this procedure,

14  the child must be placed in residential group care, if

15  available.

16         (2)  The results of the assessment described in

17  subsection (1) and the actions taken as a result of the

18  assessment must be included in the next judicial review of the

19  child. At each subsequent judicial review, the court must be

20  advised in writing of the status of the child's placement,

21  with special reference regarding the stability of the

22  placement and the permanency planning for the child.

23         (3)  Any residential group care facility that receives

24  children under the provisions of this subsection shall

25  establish special permanency teams dedicated to overcoming the

26  special permanency challenges presented by this population of

27  children. Each facility shall report to the department its

28  success in achieving permanency for children placed by the

29  department in its care at intervals that allow the current

30  information to be provided to the court at each judicial

31  review for the child.

                                  4

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1         (4)  This section does not prohibit the department from

  2  assessing and placing children who do not meet the criteria in

  3  subsection (1) in residential group care if such placement is

  4  the most appropriate placement for such children.

  5         (5)(a)  By December 1 of each year, the department

  6  shall report to the Legislature on the placement of children

  7  in licensed residential group care during the year, including

  8  the criteria used to determine the placement of children, the

  9  number of children who were evaluated for placement, the

10  number of children who were placed based upon the evaluation,

11  and the number of children who were not placed. The department

12  shall maintain data specifying the number of children who were

13  referred to licensed residential child care for whom placement

14  was unavailable and the counties in which such placement was

15  unavailable. The department shall include this data in its

16  report to the Legislature due on December 1, so that the

17  Legislature may consider this information in developing the

18  General Appropriations Act.

19         (b)  As part of the report required in paragraph (a),

20  the department shall also provide a detailed account of the

21  expenditures incurred for "Special Categories: Grants and Aids

22  - Residential Group Care" for the fiscal year immediately

23  preceding the date of the report. This section of the report

24  must include whatever supporting data is necessary to

25  demonstrate full compliance with paragraph (6)(c). The

26  document must present the information by district and must

27  specify, at a minimum, the number of additional beds, the

28  average rate per bed, the number of additional persons served,

29  and a description of the enhanced and expanded services

30  provided.

31

                                  5

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1         (6)(a)  The provisions of this section shall be

  2  implemented to the extent of available appropriations

  3  contained in the annual General Appropriations Act for such

  4  purpose.

  5         (b)  Each year, funds included in the General

  6  Appropriations Act for residential group care shall be

  7  appropriated in a separately identified special category that

  8  is designated in the act as "Special Categories: Grants and

  9  Aids - Residential Group Care."

10         (c)  Notwithstanding the provisions of s. 216.192(1),

11  funds appropriated to "Special Categories: Grants and Aids -

12  Residential Group Care" may not be released until the

13  department has submitted and received approval for a spending

14  plan that identifies the residential group care bed capacity

15  shortage throughout the state and proposes a distribution

16  formula by district which addresses the reported deficiencies.

17  The spending plan must have as its first priority the

18  reduction or elimination of any bed shortage identified and

19  must also provide for program enhancements to ensure that

20  residential group care programs meet a minimum level of

21  expected performance and provide for expansion of the

22  comprehensive residential group care services described in s.

23  409.1676. Annual appropriation increases to "Special

24  Categories: Grants and Aids - Residential Group Care" must be

25  used in accordance with the provisions of the spending plan.

26         (d)  Funds from "Special Categories: Grants and Aids -

27  Residential Group Care" may be used as one-time startup

28  funding for residential group care purposes that include, but

29  are not limited to, remodeling or renovation of existing

30  facilities, construction costs, leasing costs, purchase of

31  equipment and furniture, site development, and other necessary

                                  6

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  and reasonable costs associated with the startup of facilities

  2  or programs only upon specific approval of the terms and

  3  conditions by the secretary of the department.

  4         Section 3.  Section 409.1671, Florida Statutes, is

  5  amended to read:

  6         409.1671  Foster care and related services;

  7  privatization.--

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

  9  Department of Children and Family Services shall privatize the

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

11  further the Legislature's intent to encourage communities and

12  other stakeholders in the well-being of children to

13  participate in assuring that children are safe and

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

15  governments are presently funding portions of certain foster

16  care and related services programs and may choose to expand

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

18  its privatization of foster care and related services that any

19  county, municipality, or special district be required to

20  assist in funding programs that previously have been funded by

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

22  municipality, or special district from future voluntary

23  funding participation in foster care and related services. As

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

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

26  submit a plan to accomplish privatization statewide, through a

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

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

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

30  from community-based providers that are currently under

31  contract with the department to furnish community-based foster

                                  7

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






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

  2  determining and transferring all available funds, including

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

  4  earn and that portion of general revenue funds which is

  5  currently associated with the services that are being

  6  furnished under contract. The methodology must provide for the

  7  transfer of funds appropriated and budgeted for all services

  8  and programs that have been incorporated into the project,

  9  including all management, capital (including current furniture

10  and equipment), and administrative funds to accomplish the

11  transfer of these programs. This methodology must address

12  expected workload and at least the 3 previous years'

13  experience in expenses and workload. With respect to any

14  district or portion of a district in which privatization

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

16  department must clearly state in its plan the reasons the

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

18  remediate the obstacles, which may include alternatives to

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

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

21  but is not limited to, family preservation, independent

22  living, emergency shelter, residential group care, foster

23  care, therapeutic foster care, intensive residential

24  treatment, foster care supervision, case management,

25  postplacement supervision, permanent foster care, and family

26  reunification. Unless otherwise provided for, beginning in

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

28  of the Attorney General shall provide child welfare legal

29  services, pursuant to chapter 39 and other relevant

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

31  Counties.  Such legal services shall commence and be

                                  8

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  effective, as soon as determined reasonably feasible by the

  2  respective state attorney or the Office of the Attorney

  3  General, after the privatization of associated programs and

  4  child protective investigations has occurred.  When a private

  5  nonprofit agency has received case management

  6  responsibilities, transferred from the state under this

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

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

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

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

11  child is unavailable and his or her whereabouts cannot

12  reasonably be ascertained. The private nonprofit agency may

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

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

15  or her whereabouts cannot reasonably be ascertained, and a

16  court order for such emergency medical services cannot be

17  obtained because of the severity of the emergency or because

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

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

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

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

22  circumstances.

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

24  department will continue to work towards full privatization by

25  initiating the competitive procurement process in each county

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

27  transition period to develop the necessary administrative and

28  service delivery capacity in each community, the full transfer

29  of all foster care and related services must be completed

30  statewide by December 31, 2004.

31

                                  9

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






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

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

  3  which the department shall contract for the provision of child

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

  5  county. The secretary of the department may authorize more

  6  than one eligible lead community-based provider within a

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

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

  9  privatization project, such agency must have:

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

11  all child protective services in the designated community in

12  cooperation with child protective investigations.

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

14  to exit for all children referred from the protective

15  investigation and court systems.

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

17  through a local network of providers, all necessary child

18  protective services.

19         4.  The willingness to accept accountability for

20  meeting the outcomes and performance standards related to

21  child protective services established by the Legislature and

22  the Federal Government.

23         5.  The capability and the willingness to serve all

24  children referred to it from the protective investigation and

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

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

27  transferred.

28         6.  The willingness to ensure that each individual who

29  provides child protective services completes the training

30  required of child protective service workers by the Department

31  of Children and Family Services.

                                  10

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1         7.  The ability to maintain eligibility to receive all

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

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

  4  Family Services.

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

  6  through an eligible lead community-based provider as defined

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

  8  agency, the department shall develop a plan in collaboration

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

10  the community will continue to implement privatization through

11  competitively procuring either the specific components of

12  foster care and related services or comprehensive services for

13  defined eligible populations of children and families from

14  qualified licensed agencies as part of its efforts to develop

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

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

17  and administration of the service provision in accordance with

18  the intent of this section and may include recognized best

19  business practices, including some form of public or private

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

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

22  Speaker of the House of Representatives for their comments.

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

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

25  ensure access to a model comprehensive residential services

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

27  undo financial, geographic, or other barriers, ensures

28  reasonable and appropriate participation by the family in the

29  child's program.

30         1.  In order to ensure that the program is operational

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

                                  11

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  2003, begin the process of establishing access to a program in

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

  3  a transition contract or approved a community plan, as

  4  described in (d), that ensures full privatization by the

  5  statutory deadline.

  6         2.  The program must be procured through a competitive

  7  process.

  8         3.  The Legislature does not intend for the provisions

  9  of this paragraph to substitute for the requirement that full

10  conversion to community-based care be accomplished.

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

12  traditionally provided foster care services to children who

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

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

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

16  determined that foster care and related services need to be

17  privatized pursuant to this section and that the provision of

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

19  purpose for such privatization is to increase the level of

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

21  the responsibility of the state. One of the components

22  necessary to secure a safe and stable environment for such

23  children is that private providers maintain liability

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

25  available to nongovernmental foster care and related services

26  providers without the resources of such providers being

27  significantly reduced by the cost of maintaining such

28  insurance.

29         2.3.  The Legislature further finds that, by requiring

30  the following minimum levels of insurance, children in

31  privatized foster care and related services will gain

                                  12

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  increased protection and rights of recovery in the event of

  2  injury than provided for in s. 768.28.

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

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

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

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

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

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

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

10  require that staff who transport client children and families

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

12  responsibilities obtain minimum bodily injury liability

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

14  incident, on their personal automobiles. In any tort action

15  brought against such an eligible lead community-based provider

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

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

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

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

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

21  action brought against such an eligible lead community-based

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

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

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

25  specified in this paragraph. Any offset of collateral source

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

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

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

29  acts or omissions of its subcontractors or the officers,

30  agents, or employees of its subcontractors.

31

                                  13

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






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

  2  community-based provider described in this section shall be

  3  exclusive and in place of all other liability of such

  4  provider. The same immunities from liability enjoyed by such

  5  providers shall extend as well to each employee of the

  6  provider when such employee is acting in furtherance of the

  7  provider's business, including the transportation of clients

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

  9  vehicles. Such immunities shall not be applicable to a

10  provider or an employee who acts in a culpably negligent

11  manner or with willful and wanton disregard or unprovoked

12  physical aggression when such acts result in injury or death

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

14  such immunities be applicable to employees of the same

15  provider when each is operating in the furtherance of the

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

17  unrelated works within private or public employment. The same

18  immunity provisions enjoyed by a provider shall also apply to

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

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

21  or her duties acts in a managerial or policymaking capacity

22  and the conduct that caused the alleged injury arose within

23  the course and scope of those managerial or policymaking

24  duties. Culpable negligence is defined as reckless

25  indifference or grossly careless disregard of human life.

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

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

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

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

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

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

                                  14

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






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

  2  coverage. The subcontractor of an eligible lead

  3  community-based provider must also require that staff who

  4  transport client children and families in their personal

  5  automobiles in order to carry out their job responsibilities

  6  obtain minimum bodily injury liability insurance in the amount

  7  of $100,000 per claim, $300,000 per incident, on their

  8  personal automobiles. In any tort action brought against such

  9  subcontractor or employee, net economic damages shall be

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

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

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

13  capacity, offset by any collateral source payment paid or

14  payable. In any tort action brought against such

15  subcontractor, noneconomic damages shall be limited to

16  $200,000 per claim. A claims bill may be brought on behalf of

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

18  limits specified in this paragraph. Any offset of collateral

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

20  judgment shall be in accordance with s. 768.76.

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

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

23  foster care and related services as described in this section

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

25  provider. The same immunities from liability enjoyed by such

26  subcontractor provider shall extend as well to each employee

27  of the subcontractor when such employee is acting in

28  furtherance of the subcontractor's business, including the

29  transportation of clients served, as described in this

30  subsection, in privately owned vehicles. Such immunities shall

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

                                  15

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  in a culpably negligent manner or with willful and wanton

  2  disregard or unprovoked physical aggression when such acts

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

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

  5  employees of the same subcontractor when each is operating in

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

  7  assigned primarily to unrelated works within private or public

  8  employment. The same immunity provisions enjoyed by a

  9  subcontractor shall also apply to any sole proprietor,

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

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

12  in a managerial or policymaking capacity and the conduct that

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

14  those managerial or policymaking duties. Culpable negligence

15  is defined as reckless indifference or grossly careless

16  disregard of human life.

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

18  costs of goods and services each year and recognizes that

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

20  a reduction in compensation each year. Accordingly, the

21  conditional limitations on damages in this section shall be

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

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

24  damages subject to such limitations are awarded by final

25  judgment or settlement.

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

27  administration, or management of protective services, the

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

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

30  department shall retain responsibility for the quality of

31  contracted services and programs and shall ensure that

                                  16

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  services are delivered in accordance with applicable federal

  2  and state statutes and regulations. The department must adopt

  3  written policies and procedures for monitoring the contract

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

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

  6  evaluation of fiscal accountability and program operations,

  7  including provider achievement of performance standards,

  8  provider monitoring of subcontractors, and timely followup of

  9  corrective actions for significant monitoring findings related

10  to providers and subcontractors. These policies and procedures

11  must also include provisions for reducing the duplication of

12  the department's program monitoring activities both internally

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

14  department's written procedures must ensure that the written

15  findings, conclusions, and recommendations from monitoring the

16  contract for services of lead community-based providers are

17  communicated to the director of the provider agency as

18  expeditiously as possible.

19         (b)  Persons employed by the department in the

20  provision of foster care and related services whose positions

21  are being privatized pursuant to this statute shall be given

22  hiring preference by the provider, if provider qualifications

23  are met.

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

25  protection system, the department shall ensure that contracts

26  entered into with community-based agencies pursuant to this

27  section include provisions for a case-transfer process to

28  determine the date that the community-based agency will

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

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

31  protective investigation and the initiation of service

                                  17

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






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

  2  conclusion of an investigation, the department must provide a

  3  complete summary of the findings of the investigation to the

  4  community-based agency.

  5         (b)  The contracts must also ensure that each

  6  community-based agency shall furnish information on its

  7  activities in all cases in client case records regular status

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

  9  contract. A provider may not discontinue services on any

10  voluntary case without prior written notification to the

11  department 30 days before planned case closure date. If the

12  department disagrees with the recommended case closure,

13  written notification to the provide must be provided before

14  the case closure date. without prior written notification to

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

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

17  written case summary, including its assessment of the child

18  and family, to the department.

19         (c)  The contract between the department and

20  community-based agencies must include provisions that specify

21  the procedures to be used by the parties to resolve

22  differences in interpreting the contract or to resolve

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

24  their respective obligations under the contract.

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

26  assurance program for privatized services. The quality

27  assurance program shall be based on standards established by a

28  national accrediting organization such as the Council on

29  Accreditation of Services for Families and Children, Inc.

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

31  The department may develop a request for proposal for such

                                  18

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  oversight. This program must be developed and administered at

  2  a statewide level. The Legislature intends that the department

  3  be permitted to have limited flexibility to use funds for

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

  5  2000, the department may transfer up to 0.125 percent of the

  6  total funds from categories used to pay for these

  7  contractually provided services, but the total amount of such

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

  9  When necessary, the department may establish, in accordance

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

11  devoted to these functions. Any positions required under this

12  paragraph may be established, notwithstanding ss.

13  216.262(1)(a) and 216.351. The department, in consultation

14  with the community-based agencies that are undertaking the

15  privatized projects, shall establish minimum thresholds for

16  each component of service, consistent with standards

17  established by the Legislature. Each program operated under

18  contract with a community-based agency must be evaluated

19  annually by the department. The department shall submit an

20  annual report regarding quality performance, outcome measure

21  attainment, and cost efficiency to the President of the

22  Senate, the Speaker of the House of Representatives, the

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

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

25  project in operation during the preceding fiscal year.

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

27  recommendations to the Governor and the Legislature for future

28  program and funding priorities in the child welfare system.

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

30  statutory requirements and agency rules in the provision of

31  contractual services. Each foster home, therapeutic foster

                                  19

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  home, emergency shelter, or other placement facility operated

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

  3  the Department of Children and Family Services under chapter

  4  402 or this chapter. Each community-based agency must be

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

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

  7  eliminate or reduce the number of duplicate inspections by

  8  various program offices, shall coordinate inspections required

  9  pursuant to licensure of agencies under this section.

10         (b)  Substitute care providers who are licensed under

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

12  under this section shall also be authorized to provide

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

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

15         1.  the requirements of s. 402.313.; and

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

17  Gold Seal Quality Care designation.

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

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

20  subsidized child care payment for the same child pursuant to

21  federal law. The department may adopt administrative rules

22  necessary to administer this paragraph the foster care board

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

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

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

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

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

28  Services shall privatize all foster care and related services

29  in district 5 while continuing to contract with the current

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

31  8A, and shall expand the subdistrict 8A pilot program to

                                  20

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  incorporate Manatee County. Planning for the district 5

  2  privatization shall be done by providers that are currently

  3  under contract with the department for foster care and related

  4  services and shall be done in consultation with the

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

  6  be competitively selected, must demonstrate the ability to

  7  provide necessary comprehensive services through a local

  8  network of providers, and must meet criteria established in

  9  this section. Contracts with organizations responsible for the

10  model programs must include the management and administration

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

12  However, the department may use funds for contract management

13  only after obtaining written approval from the Executive

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

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

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

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

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

19  Medicaid provider, the organization shall be issued a Medicaid

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

21  services currently authorized under the state Medicaid plan to

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

23  to exceed the current level of state expenditure.

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

25  agencies, shall develop a statewide proposal regarding the

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

27  addresses is authorized to establish and administer a risk

28  pool to reduce the financial risk to eligible lead

29  community-based providers resulting from unanticipated

30  caseload growth or from significant changes in client mixes or

31  services eligible for federal reimbursement. The

                                  21

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  recommendations in the statewide proposal must also be

  2  available to entities of the department until the conversion

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

  4  proposal must allow federal earnings received from child

  5  welfare programs that are determined by the department to be

  6  in excess of the amount appropriated in the General

  7  Appropriations Act. These purposes include, but are not

  8  limited to:

  9         (a)  Significant changes in the number or composition

10  of clients eligible to receive services.

11         (b)  Significant changes in the services that are

12  eligible for reimbursement.

13         (c)  Significant changes in the availability of federal

14  funds.

15         (d)  Shortfalls in state funds available for eligible

16  or ineligible services.

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

18         (f)  Scheduled or unanticipated, but necessary,

19  advances to providers or other cash-flow issues.

20         (g)  Proposals to participate in optional Medicaid

21  services or other federal grant opportunities.

22         (h)  Appropriate incentive structures.

23         (i)  Continuity of care in the event of lead agency

24  failure, discontinuance of service, or financial misconduct.

25

26  The department shall further specify the necessary steps to

27  ensure the financial integrity of these dollars and their

28  continued availability on an ongoing basis. The final proposal

29  shall be submitted to the Legislative Budget Commission for

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

31  Budget Commission refuses to concur with the adoption of the

                                  22

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  proposal, the department shall present its proposal in the

  2  form of recommended legislation to the President of the Senate

  3  and the Speaker of the House of Representatives before the

  4  commencement of the next legislative session.

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

  6  documented federal funds earned for the current fiscal year by

  7  the department and community-based agencies which exceed the

  8  amount appropriated by the Legislature shall be distributed to

  9  all entities that contributed to the excess earnings based on

10  a schedule and methodology developed by the department and

11  approved by the Executive Office of the Governor. Distribution

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

13  only to those entities that contributed to excess earnings.

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

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

16  state funds appropriated by the Legislature for

17  community-based agencies or made available pursuant to the

18  budgetary amendment process described in s. 216.177 shall be

19  transferred to the community-based agencies. The department

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

21  expenditure of the funds. The distribution program applies

22  only to entities that were under privatization contracts as of

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

24  3 years beginning July 1, 1999, and ending June 30, 2002. The

25  Office of Program Policy Analysis and Government

26  Accountability shall review this program and report to the

27  President of the Senate and the Speaker of the House of

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

29  the program to determine how the additional resources were

30  used, the number of additional clients served, the

31  improvements in quality of service attained, the performance

                                  23

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  outcomes associated with the additional resources, and the

  2  feasibility of continuing or expanding this program.

  3         (9)  Each district and subdistrict that participates in

  4  the model program effort or any future privatization effort as

  5  described in this section must thoroughly analyze and report

  6  the complete direct and indirect costs of delivering these

  7  services through the department and the full cost of

  8  privatization, including the cost of monitoring and evaluating

  9  the contracted services.

10         Section 4.  Section 409.1676, Florida Statutes, is

11  amended to read:

12         409.1676  Comprehensive residential group care services

13  to children who have extraordinary needs.--

14         (1)  It is the intent of the Legislature to provide

15  comprehensive residential group care services, including

16  residential care, case management, and other services, to

17  children in the child protection system who have extraordinary

18  needs, such as serious behavioral problems or having been

19  determined to be without the options of either reunification

20  with family or adoption. These services are to be provided in

21  a residential group care setting by a not-for-profit

22  corporation or a local government entity under a contract with

23  the Department of Children and Family Services or by a lead

24  agency as described in s. 409.1671. These contracts should be

25  designed to provide an identified number of children with

26  access to a full array of services for a fixed price.

27         (2)  As used in this section, the term:

28         (a)  "Residential group care" means a living

29  environment for children who have been adjudicated dependent

30  and are expected to be in foster care for at least 6 months

31  with 24-hour-awake staff or live-in group home parents or

                                  24

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  staff. Beginning July 1, 2001, all facilities must be

  2  appropriately licensed in this state, and they must be

  3  accredited by July 1, 2005.

  4         (b)  "Serious behavioral problems" means behaviors of

  5  children who have been assessed by a licensed master's-level

  6  human-services professional to need at a minimum intensive

  7  services but who do not meet the criteria of s. 394.492(6) or

  8  (7). A child with an emotional disturbance as defined in s.

  9  394.492(5) may be served in residential group care unless a

10  determination is made by a mental health professional that

11  such a setting is inappropriate.

12         (3)  The department, in accordance with a specific

13  appropriation for this program, shall contract with a

14  not-for-profit corporation, a local government entity, or the

15  lead agency that has been established in accordance with s.

16  409.1671 for the performance of residential group care

17  services described in this section in, at a minimum, districts

18  4, 11, 12, and the Suncoast Region of the Department of

19  Children and Family Services and with a not-for-profit entity

20  serving children from multiple districts. A lead agency that

21  is currently providing residential care may provide this

22  service directly with the approval of the local community

23  alliance. The department or a lead agency may contract for

24  more than one site in a county if that is determined to be the

25  most effective way to achieve the goals set forth in this

26  section.

27         (4)  The lead agency, the contracted not-for-profit

28  corporation, or the local government entity is responsible for

29  a comprehensive assessment, residential care, transportation,

30  behavioral health services, recreational activities, clothing,

31  supplies, and miscellaneous expenses associated with caring

                                  25

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  for these children; for necessary arrangement for or provision

  2  of educational services; and for assuring necessary and

  3  appropriate health and dental care.

  4         (5)  The department may transfer all casework

  5  responsibilities for children served under this program to the

  6  entity that provides this service, including case management

  7  and development and implementation of a case plan in

  8  accordance with current standards for child protection

  9  services. When the department establishes this program in a

10  community that has a lead agency as described in s. 409.1671,

11  the casework responsibilities must be transferred to the lead

12  agency.

13         (6)  This section does not prohibit any provider of

14  these services from appropriately billing Medicaid for

15  services rendered, from contracting with a local school

16  district for educational services, or from earning federal or

17  local funding for services provided, as long as two or more

18  funding sources do not pay for the same specific service that

19  has been provided to a child.

20         (7)  The lead agency, not-for-profit corporation, or

21  local government entity has the legal authority for children

22  served under this program, as provided in chapter 39 or this

23  chapter, as appropriate, to enroll the child in school, to

24  sign for a driver's license for the child, to cosign loans and

25  insurance for the child, to sign for medical treatment, and to

26  authorize other such activities.

27         (8)  The department shall provide technical assistance

28  as requested and contract management services.

29         (9)  The provisions of this section shall be

30  implemented to the extent of available appropriations

31

                                  26

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  contained in the annual General Appropriations Act for such

  2  purpose.

  3         Section 5.  Subsection (24) of section 409.906, Florida

  4  Statutes, is amended to read:

  5         409.906  Optional Medicaid services.--Subject to

  6  specific appropriations, the agency may make payments for

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

  8  the Social Security Act and are furnished by Medicaid

  9  providers to recipients who are determined to be eligible on

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

11  service that is provided shall be provided only when medically

12  necessary and in accordance with state and federal law.

13  Optional services rendered by providers in mobile units to

14  Medicaid recipients may be restricted or prohibited by the

15  agency. Nothing in this section shall be construed to prevent

16  or limit the agency from adjusting fees, reimbursement rates,

17  lengths of stay, number of visits, or number of services, or

18  making any other adjustments necessary to comply with the

19  availability of moneys and any limitations or directions

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

21  If necessary to safeguard the state's systems of providing

22  services to elderly and disabled persons and subject to the

23  notice and review provisions of s. 216.177, the Governor may

24  direct the Agency for Health Care Administration to amend the

25  Medicaid state plan to delete the optional Medicaid service

26  known as "Intermediate Care Facilities for the Developmentally

27  Disabled."  Optional services may include:

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

29  Agency for Health Care Administration, in consultation with

30  the Department of Children and Family Services, may establish

31  a targeted case-management pilot project in those counties

                                  27

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  identified by the Department of Children and Family Services

  2  and for all counties with a the community-based child welfare

  3  project in Sarasota and Manatee counties, as authorized under

  4  s. 409.1671, which have been specifically approved by the

  5  department. These projects shall be established for the

  6  purpose of determining the impact of targeted case management

  7  on the child welfare program and the earnings from the child

  8  welfare program. Results of targeted case management the pilot

  9  projects shall be reported to the Child Welfare Estimating

10  Conference and the Social Services Estimating Conference

11  established under s. 216.136. The number of projects may not

12  be increased until requested by the Department of Children and

13  Family Services, recommended by the Child Welfare Estimating

14  Conference and the Social Services Estimating Conference, and

15  approved by the Legislature. The covered group of individuals

16  who are eligible to receive targeted case management include

17  children who are eligible for Medicaid; who are between the

18  ages of birth through 21; and who are under protective

19  supervision or postplacement supervision, under foster-care

20  supervision, or in shelter care or foster care. The number of

21  individuals who are eligible to receive targeted case

22  management shall be limited to the number for whom the

23  Department of Children and Family Services has available

24  matching funds to cover the costs. The general revenue funds

25  required to match the funds for services provided by the

26  community-based child welfare projects are limited to funds

27  available for services described under s. 409.1671. The

28  Department of Children and Family Services may transfer the

29  general revenue matching funds as billed by the Agency for

30  Health Care Administration.

31

                                  28

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1         Section 6.  The Office of Program Policy Analysis and

  2  Government Accountability, in consultation with the Department

  3  of Children and Family Services and the Agency for Health Care

  4  Administration, shall conduct a review of the process for

  5  placing children for residential mental health treatment as

  6  specified in s. 39.407(5), Florida Statutes. This review is to

  7  be used to determine whether changes are needed in this

  8  process. The integrity of the examination process that is

  9  intended to ensure that only a child with an emotional

10  disturbance or a serious emotional disturbance is placed in a

11  residential mental health facility and to ensure that a child

12  who is diagnosed with an emotional disturbance or a serious

13  emotional disturbance receives the most appropriate mental

14  health treatment in the least restrictive setting must be

15  maintained. The review shall analyze and make recommendations

16  relative to issues pertinent to the process such as the number

17  of children who are assessed and the outcomes of the

18  assessments, the costs associated with the suitability

19  assessments based on geographic differentials, delays in

20  receiving appropriate mental health treatment services in both

21  residential and nonresidential settings which can be

22  attributed to the assessment process, and the need to expand

23  the mental health professional groups who may conduct the

24  suitability assessment. The Department of Children and Family

25  Services shall submit a report of its findings and any

26  proposed changes to substantive law to the Executive Office of

27  the Governor, the President of the Senate, and the Speaker of

28  the House of Representatives by January 1, 2003.

29         Section 7.  For fiscal year 2003-2004 and annually

30  thereafter, the Department of Children and Family Services

31  shall request, and the Governor shall recommend, the funding

                                  29

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  necessary to carry out s. 409.1671(7)(i), Florida Statutes, in

  2  its legislative budget request from excess federal earnings.

  3  The General Appropriations Act shall include any funds

  4  appropriated for this purpose in a lump sum in the

  5  Administered Funds Program. The department shall submit a

  6  detailed operational plan, which must include the

  7  identification of the sources of specific trust funds to be

  8  used to cover the costs of the continuation of child welfare

  9  services. The release of the trust fund shall be subject to

10  the notice and review provisions of s. 216.177, Florida

11  Statutes. However, the release shall not require approval of

12  the Legislative Budget Commission.

13         Section 8.  Pursuant to s. 409.1671, Florida Statutes,

14  community-based care lead agencies receiving start-up funds

15  shall develop written agreements with Healthy Families Florida

16  lead entities in their community, pursuant to s. 409.153,

17  Florida Statutes, to promote cooperative planning for the

18  provision of prevention and intervention services.

19         Section 9.  To assist the department in fulfilling the

20  requirements of s. 409.1671, Florida Statutes, there is

21  created a task force on gaining efficiency in community-based

22  care.

23         (1)  The task force shall complete the following by

24  February 2003, beginning no later than October 1, 2002. The

25  goal of the task force is to identify and minimize duplication

26  of effort and define reporting parameters to be used by the

27  department, alliances, community stakeholders, and the

28  Legislature, through the following tasks:

29         (a)  Developing specific recommendations regarding the

30  use of the independent financial audits required of community

31

                                  30

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






    Florida House of Representatives - 2002              CS/HB 755

    404-126-02






  1  agencies instead of the department doing an additional

  2  financial review or a minimal review.

  3         (b)  Developing specific recommendations regarding the

  4  role of national accreditation as required by s. 409.1671,

  5  Florida Statutes, instead of or in concert with any similar

  6  reviews performed by the department.

  7         (c)  Developing specific recommendations regarding the

  8  coordination and frequency of reviews of the community

  9  agencies by the various state agencies and department.

10         (d)  Developing specific recommendations regarding the

11  level and type of staffing that the department will require in

12  the performance of these duties.

13         (e)  Developing specific recommendations on outcomes

14  and performance measurements.

15         (2)  The members of the task force shall consist of 10

16  community representatives from all areas of the state, a

17  representative of the guardian ad litem program, and a

18  representative of the dependency court system, all appointed

19  by the Governor; the president of the Florida Foster and

20  Adoptive Parent Association; a state representative appointed

21  by the Speaker of the House of Representatives; a state

22  senator appointed by the President of the Senate; and the

23  Secretary of Children and Family Services or a designee.

24         (3)  The recommendations of the task force shall be

25  reported to the Secretary of Children and Family Services, the

26  Governor, the Speaker of the House of Representatives, and the

27  President of the Senate no later than February 15, 2003.

28         Section 10.  This act shall take effect July 1, 2002.

29

30

31

                                  31

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