HB 0475 2003
1	A bill to be entitled
2	An act relating to community-based care; creating s.
3	409.033, F.S.; providing legislative intent that local
4	government matching funds shall be used to the extent
5	possible to match federal funding where state funding is
6	inadequate to use such federal funding; requiring agencies
7	to create plans to utilize local matching funds; making
8	participation by local governments voluntary; requiring
9	reports; amending s. 409.1671, F.S.; decreasing the amount
10	of automobile liability insurance required of certain
11	community-based care providers; deleting certain
12	termination of services notice requirements; requiring the
13	payment of certain administrative costs incurred by lead
14	community-based providers; requiring review of certain
15	programs by independent audits, rather than by the
16	Department of Children and Family Services; amending s.
17	409.16745, F.S.; changing eligibility requirements for
18	participation in the community partnership matching grant
19	program; amending s. 409.175, F.S.; providing for an
20	assessment by a certified family counselor, rather than a
21	comprehensive behavioral health assessment, of children in
22	certain family foster homes; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1. Section 409.033, Florida Statutes, is created
27	to read:
28	409.033 Maximization of local matching revenues.--
29	(1) LEGISLATIVE INTENT.--
30	(a)1. The Legislature recognizes that state funds do not
31	fully utilize federal funding matching opportunities for health
32	and human services needs. It is the intent of the Legislature to
33	utilize certified local funding for federal matching programs to
34	the fullest extent possible to maximize federal funding of local
35	preventive services and local child development programs in the
36	State of Florida. To that end, the Legislature expects that
37	state agencies will take a proactive approach in implementing
38	this legislative priority.
39	2. It is further the intent of the Legislature that this
40	section shall be implemented in a revenue-neutral manner with
41	respect to state funds.
42	(b) It is the intent of the Legislature that revenue
43	maximization opportunities using certified local funding shall
44	occur only after available state funds have been utilized to
45	generate matching federal funding for the state.
46	(c) It is the intent of the Legislature that participation
47	in revenue maximization is to be on a voluntary basis for local
48	political subdivisions.
49	(d) It is the intent of the Legislature that certified
50	local funding for federal matching programs not supplant or
51	replace state funds.
52	(2) REVENUE MAXIMIZATION PROGRAM.--
53	(a) For purposes of this section, "agency" shall mean any
54	state agency involved in providing health, social, or human
55	services, including, but not limited to, the Agency for Health
56	Care Administration, the Agency for Workforce Innovation, the
57	Department of Children and Family Services, the Department of
58	Elderly Affairs, the Department of Juvenile Justice, and the
59	Florida Board of Education.
60	(b) Each agency is directed to establish programs and
61	mechanisms designed to maximize the use of local funding for
62	federal programs in accordance with this section.
63	(c) The use of local matching funds under this section
64	shall be limited to public revenue funds of local political
65	subdivisions, including, but not limited to, counties, cities,
66	and special districts. To the extent permitted by federal law,
67	funds donated to such local political subdivisions by private
68	entities or individuals shall be considered to be public revenue
69	funds available for matching federal funding.
70	(d) Subject to the provisions of paragraph (f), any
71	federal reimbursement received as a result of the certification
72	of local matching funds shall, unless otherwise specifically
73	prohibited by federal law, be returned by check or wire transfer
74	to the local political subdivision providing such funding, with
75	the local political subdivision being provided an annual
76	accounting of federal reimbursements received by the state or
77	its agencies as a result of the certification of the local
78	political subdivision's matching funds. The receipt by a local
79	political subdivision of such matching funds shall not in any
80	way influence or be used as a factor in developing any agency's
81	annual operating budget allocation methodology or formula or any
82	subsequent budget amendment allocations or formulas. Where
83	necessary, agreements with an agency and the local political
84	subdivision to accomplish such purpose shall be established.
85	Such agreements may provide that the local political subdivision
86	is responsible to:
87	1. Verify the eligibility of the local program or programs
88	and the individuals served thereby to qualify for federal
89	matching funds.
90	2. Develop and maintain the financial records needed to
91	document the appropriate use of federal matching funds.
92	3. Comply with all applicable state and federal laws,
93	regulations, and rules regulating such federal services.
94	4. Reimburse the cost for any disallowance of federal
95	funding previously provided to a local political subdivision
96	resulting from failure of that local political subdivision to
97	comply with applicable state or federal laws, rules, or
98	regulations.
99	(e) Each agency, as applicable, shall work with local
100	political subdivisions to modify any state plans and seek and
101	implement any federal waivers necessary to implement this
102	section. If such modifications or waivers require the approval
103	of the Legislature, the agency, as applicable, shall draft such
104	legislation and present it to the President of the Senate and
105	the Speaker of the House of Representatives and to the
106	respective fiscal committee chairs of the Senate and the House
107	of Representatives by January 1, 2004, and, as applicable,
108	annually thereafter.
109	(f) Except as otherwise provided by law, each agency, as
110	applicable, prior to distribution of funds generated under this
111	section to any local political subdivision, may deduct the
112	actual administrative cost for implementing and monitoring the
113	local match program, but in no event may such administrative
114	cost exceed 5 percent of the total federal reimbursement funding
115	to be provided to the local political subdivision under
116	paragraph (d).
117	(g) Each agency shall annually prepare a report to be
118	submitted to the Governor, the President of the Senate, and the
119	Speaker of the House of Representatives no later than January
120	1st documenting the specific activities undertaken during the
121	previous fiscal year pursuant to this section. The report shall
122	include, but not be limited to:
123	1. The total amount of federal matching funds generated by
124	local match funds under this section, reported by federal
125	funding source.
126	2. The total amount of block grant funds expended during
127	the prior fiscal year, reported by federal funding source.
128	3. The total amount for federal matching fund programs,
129	including, but not limited to, Temporary Assistance for Needy
130	Families and Child Care and Development Fund of unobligated
131	funds and unliquidated funds, both as of the close of the prior
132	federal fiscal year.
133	4. The amount of unliquidated funds in danger of being
134	returned to the Federal Government at the end of the current
135	federal fiscal year.
136	5. A detailed plan and timeline to spend any unobligated
137	and unliquidated funds by the end of the current federal fiscal
138	year.
139	Section 2. Paragraphs (f) and (h) of subsection (1) and
140	subsections (3) and (4) of section 409.1671, Florida Statutes,
141	are amended to read:
142	409.1671 Foster care and related services;
143	privatization.--
144	(1)
145	(f) Other than an entity to which s. 768.28 applies, any
146	eligible lead community-based provider, as defined in paragraph
147	(c), or its employees or officers, except as otherwise provided
148	in paragraph (g), must, as a part of its contract, obtain a
149	minimum of $1 million per claim/$3 million per incident in
150	general liability insurance coverage. The eligible lead
151	community-based provider must also require that staff who
152	transport client children and families in their personal
153	automobiles in order to carry out their job responsibilities
154	obtain minimum bodily injury liability insurance in the amount
155	of $25,000$100,000 per claim, $50,000$300,000per incident, on
156	their personal automobiles. In any tort action brought against
157	such an eligible lead community-based provider or employee, net
158	economic damages shall be limited to $1 million per liability
159	claim and $100,000 per automobile claim, including, but not
160	limited to, past and future medical expenses, wage loss, and
161	loss of earning capacity, offset by any collateral source
162	payment paid or payable. In any tort action brought against such
163	an eligible lead community-based provider, noneconomic damages
164	shall be limited to $200,000 per claim. A claims bill may be
165	brought on behalf of a claimant pursuant to s. 768.28 for any
166	amount exceeding the limits specified in this paragraph. Any
167	offset of collateral source payments made as of the date of the
168	settlement or judgment shall be in accordance with s. 768.76.
169	The lead community-based provider shall not be liable in tort
170	for the acts or omissions of its subcontractors or the officers,
171	agents, or employees of its subcontractors.
172	(h) Any subcontractor of an eligible lead community-based
173	provider, as defined in paragraph (c), which is a direct
174	provider of foster care and related services to children and
175	families, and its employees or officers, except as otherwise
176	provided in paragraph (g), must, as a part of its contract,
177	obtain a minimum of $1 million per claim/$3 million per incident
178	in general liability insurance coverage. The subcontractor of an
179	eligible lead community-based provider must also require that
180	staff who transport client children and families in their
181	personal automobiles in order to carry out their job
182	responsibilities obtain minimum bodily injury liability
183	insurance in the amount of $25,000$100,000 per claim, $50,000
184	$300,000per incident, on their personal automobiles. In any
185	tort action brought against such subcontractor or employee, net
186	economic damages shall be limited to $1 million per liability
187	claim and $100,000 per automobile claim, including, but not
188	limited to, past and future medical expenses, wage loss, and
189	loss of earning capacity, offset by any collateral source
190	payment paid or payable. In any tort action brought against such
191	subcontractor, noneconomic damages shall be limited to $200,000
192	per claim. A claims bill may be brought on behalf of a claimant
193	pursuant to s. 768.28 for any amount exceeding the limits
194	specified in this paragraph. Any offset of collateral source
195	payments made as of the date of the settlement or judgment shall
196	be in accordance with s. 768.76.
197	(3)(a) In order to help ensure a seamless child protection
198	system, the department shall ensure that contracts entered into
199	with community-based agencies pursuant to this section include
200	provisions for a case-transfer process to determine the date
201	that the community-based agency will initiate the appropriate
202	services for a child and family. This case-transfer process must
203	clearly identify the closure of the protective investigation and
204	the initiation of service provision. At the point of case
205	transfer, and at the conclusion of an investigation, the
206	department must provide a complete summary of the findings of
207	the investigation to the community-based agency.
208	(b) The contracts must also ensure that each community-
209	based agency shall furnish information on its activities in all
210	cases in client case records. A provider may not discontinue
211	services on any voluntary case without prior written
212	notification to the department 30 days before planned case
213	closure. If the department disagrees with the recommended case
214	closure date, written notification to the provider must be
215	provided before the case closure date.
216	(c) The contract between the department and community-
217	based agencies must include provisions that specify the
218	procedures to be used by the parties to resolve differences in
219	interpreting the contract or to resolve disputes as to the
220	adequacy of the parties' compliance with their respective
221	obligations under the contract.
222	(d) Each contract with an eligible lead community-based
223	provider shall provide for the payment by the department to the
224	provider of a reasonable administrative cost in addition to
225	funding for the provision of services.
226	(4)(a) The department shall establish a quality assurance
227	program for privatized services. The quality assurance program
228	shall be based on standards established by a national
229	accrediting organization such as the Council on Accreditation of
230	Services for Families and Children, Inc. (COA) or CARF--the
231	Rehabilitation Accreditation Commission. The department may
232	develop a request for proposal for such oversight. This program
233	must be developed and administered at a statewide level. The
234	Legislature intends that the department be permitted to have
235	limited flexibility to use funds for improving quality
236	assurance. To this end, effective January 1, 2000,the
237	department may transfer up to 0.125 percent of the total funds
238	from categories used to pay for these contractually provided
239	services, but the total amount of such transferred funds may not
240	exceed $300,000 in any fiscal year. When necessary, the
241	department may establish, in accordance with s. 216.177,
242	additional positions that will be exclusively devoted to these
243	functions. Any positions required under this paragraph may be
244	established, notwithstanding ss. 216.262(1)(a) and 216.351. The
245	department, in consultation with the community-based agencies
246	that are undertaking the privatized projects, shall establish
247	minimum thresholds for each component of service, consistent
248	with standards established by the Legislature and the Federal
249	Government. Each program operated under contract with a
250	community-based agency must be evaluated annually by an
251	independent auditthe department. The department shall submit an
252	annual report based upon the results of such independent audits
253	regarding quality performance, outcome measure attainment, and
254	cost efficiency to the President of the Senate, the Speaker of
255	the House of Representatives, the minority leader of each house
256	of the Legislature, and the Governor no later than January 31 of
257	each year for each project in operation during the preceding
258	fiscal year.
259	(b) The department shall use these findings in making
260	recommendations to the Governor and the Legislature for future
261	program and funding priorities in the child welfare system.
262	Section 3. Section 409.16745, Florida Statutes, is amended
263	to read:
264	409.16745 Community partnership matching grant
265	program.--It is the intent of the Legislature to improve
266	services and local participation in community-based care
267	initiatives by fostering community support and providing
268	enhanced prevention and in-home services, thereby reducing the
269	risk otherwise faced by lead agencies. There is established a
270	community partnership matching grant program to be operated by
271	the Department of Children and Family Services for the purpose
272	of encouraging local participation in community-based care for
273	child welfare. Any children's services council or other local
274	government entity that makes a financial commitment to a
275	community-based care lead agency is eligible for a grant upon
276	proof that the children's services council or local government
277	entity has provided the selected lead agency at least $250,000
278	$825,000 in start up funds,from any local resources otherwise
279	available to it. The total amount of local contribution may be
280	matched on a two-for-one basis up to a maximum amount of $2
281	million per council. Awarded matching grant funds may be used
282	for any prevention or in-home services provided by the
283	children's services council or other local government entity
284	that meets temporary-assistance-for-needy-families' eligibility
285	requirements and can be reasonably expected to reduce the number
286	of children entering the child welfare system. To ensure
287	necessary flexibility for the development, start up, and ongoing
288	operation of community-based care initiatives, the notice period
289	required for any budget action authorized by the provisions of
290	s. 20.19(5)(b), is waived for the family safety program;
291	however, the Department of Children and Family Services must
292	provide copies of all such actions to the Executive Office of
293	the Governor and Legislature within 72 hours of their
294	occurrence. Funding available for the matching grant program is
295	subject to legislative appropriation of nonrecurring temporary-
296	assistance-for-needy-families funds provided for the purpose.
297	Section 4. Subsection (3) of section 409.175, Florida
298	Statutes, is amended to read:
299	409.175 Licensure of family foster homes, residential
300	child-caring agencies, and child-placing agencies.--
301	(3)(a) The total number of children placed in each family
302	foster home shall be based on the recommendation of the
303	department, or the community-based care lead agency where one is
304	providing foster care and related services, based on the needs
305	of each child in care, the ability of the foster family to meet
306	the individual needs of each child, including any adoptive or
307	biological children living in the home, the amount of safe
308	physical plant space, the ratio of active and appropriate adult
309	supervision, and the background, experience, and skill of the
310	family foster parents.
311	(b) If the total number of children in a family foster
312	home will exceed five, including the family's own children, an
313	assessment by a certified family counselora comprehensive
314	behavioral health assessmentof each child to be placed in the
315	home must be completed prior to placement of any additional
316	children in the home. The comprehensive behavioral health
317	assessment must comply with Medicaid rules and regulations,
318	assess and document the mental, physical, and psychosocial needs
319	of the child,and recommend the maximum number of children in a
320	family foster home that will allow the child's needs to be met.
321	(c) For any licensed family foster home, the
322	appropriateness of the number of children in the home must be
323	reassessed annually as part of the relicensure process. For a
324	home with more than five children, if it is determined by the
325	licensure study at the time of relicensure that the total number
326	of children in the home is appropriate and that there have been
327	no substantive licensure violations and no indications of child
328	maltreatment or child-on-child sexual abuse within the past 12
329	months, the relicensure of the home shall not be denied based on
330	the total number of children in the home.
331	Section 5. This act shall take effect July 1, 2003.