Senate Bill sb1476c1
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Florida Senate - 2005 CS for SB 1476
By the Committee on Children and Families; and Senators
Campbell and Margolis
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1 A bill to be entitled
2 An act relating to the Department of Children
3 and Family Services; providing legislative
4 intent with respect to establishing a structure
5 by which the department shall monitor and
6 manage contracts with external service
7 providers; providing definitions; requiring the
8 department to competitively procure certain
9 commodities and contractual services; requiring
10 the department to allow all public
11 postsecondary institutions to bid on contracts
12 intended for any public postsecondary
13 institution; authorizing the department to
14 competitively procure and contract for systems
15 of treatment or service that involve multiple
16 providers; providing requirements if other
17 governmental entities contribute matching
18 funds; requiring that an entity providing
19 matching funds must comply with certain
20 procurement procedures; authorizing the
21 department to independently procure and
22 contract for treatment services; requiring that
23 the department develop a validated business
24 case before outsourcing any service or
25 function; providing requirements for the
26 business case; requiring that the validated
27 business case be submitted to the Legislature
28 for approval; requiring that a contractual
29 service that has previously been outsourced be
30 subject to the requirements for a validated
31 business case; requiring that a procurement of
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1 contractual services equal to or in excess of
2 the threshold amount for CATEGORY FIVE comply
3 with specified requirements, including a scope
4 of work and performance standards; authorizing
5 the department to adopt incremental penalties
6 by rule; authorizing the department to include
7 cost-neutral, performance-based incentives in a
8 contract; requiring that a contract in excess
9 of $1 million be negotiated by a contract
10 negotiator who is certified according to
11 standards established by the Department of
12 Management Services; limiting circumstances
13 under which the department may amend a
14 contract; requiring that a proposed contract
15 amendment be submitted to the Executive Office
16 of the Governor for approval; requiring
17 approval of a contract amendment by the
18 Administration Commission under certain
19 circumstances; requiring the department to
20 verify that contractural terms have been
21 satisfied before renewing a contract; requiring
22 certain documentation; requiring the department
23 to develop, in consultation with the Department
24 of Management Services, contract templates and
25 guidelines; requiring that the department
26 establish a contract-management process;
27 specifying the requirements for and components
28 of the contract-management process; providing
29 requirements for resolving performance
30 deficiencies and terminating a contract;
31 requiring a corrective-action plan under
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1 certain circumstances; requiring the department
2 to develop standards of conduct and
3 disciplinary actions; requiring that the
4 department establish contract-monitoring units
5 and a contract-monitoring process; requiring
6 written reports; requiring on-site visits for
7 contracts involving the provision of direct
8 client services; requiring the department to
9 make certain documents available to the
10 Legislature; requiring the department to create
11 an electronic database to store the documents;
12 amending s. 402.73, F.S.; requiring the Agency
13 for Persons with Disabilities to implement
14 systems to ensure quality and fiscal integrity
15 of programs in the developmental services
16 Medicaid waiver system; providing an exemption
17 for health services from competitive bidding
18 requirements; amending s. 409.1671, F.S.;
19 conforming provisions to changes made by the
20 act; requiring that the Office of Program
21 Policy Analysis and Government Accountability
22 conduct two reviews of the contract-management
23 and accountability structures of the department
24 and report to the Legislature and the Auditor
25 General; repealing s. 402.72, F.S., relating to
26 contract-management requirements for the
27 Department of Children and Family Services;
28 providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Department of Children and Family Services;
2 procurement of contractual services; outsourcing or
3 privatization; contract management.--
4 (1) LEGISLATIVE INTENT.--The Legislature intends that
5 the Department of Children and Family Services obtain services
6 in the manner that is most efficient and cost-effective for
7 the state, that provides the greatest long-term benefits to
8 the clients receiving services, and that minimizes the
9 disruption of client services. In order to meet these
10 legislative goals, the department shall comply with
11 legislative policy guidelines that require compliance with
12 uniform procedures for procuring contractual services,
13 prescribe how the department must outsource its programmatic
14 and administrative services to external service providers
15 rather than having them provided by the department or another
16 state agency, and establish a contract-management and
17 contract-monitoring process.
18 (2) DEFINITIONS.--As used in this section, the term:
19 (a) "Contract manager" means the department employee
20 who is responsible for enforcing the compliance with
21 administrative and programmatic terms and conditions of a
22 contract. The contract manager is the primary point of contact
23 through which all contracting information flows between the
24 department and the contractor. The contract manager is
25 responsible for day-to-day contract oversight, including
26 approval of contract deliverables and invoices. All actions
27 related to the contract shall be initiated by or coordinated
28 with the contract manager. The contract manager maintains the
29 official contract files.
30 (b) "Contract monitor" means the department employee
31 who is responsible for observing, recording, and reporting to
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1 the contract manager and other designated entities the
2 information necessary to assist the contract manager and
3 program management in determining whether the contractor is in
4 compliance with the administrative and programmatic terms and
5 conditions of the contract.
6 (c) "Department" means the Department of Children and
7 Family Services.
8 (d) "Outsourcing" means the process of contracting
9 with an external service provider to provide a service, in
10 whole or in part, while the department retains the
11 responsibility and accountability for the service.
12 (e) "Performance measure" means the quantitative
13 indicators used to assess if the service the external provider
14 is performing is achieving the desired results. Measures of
15 performance include outputs, direct counts of program
16 activities, and outcomes or results of program activities in
17 the lives of the clients served.
18 (f) "Performance standard" means the quantifiable,
19 specified, and desired level to be achieved for a particular
20 performance measure.
21 (g) "Privatize" means any process aimed at
22 transferring the responsibility for a service, in whole or in
23 part, from the department to the private sector such that the
24 private sector is solely and fully responsible for the
25 performance of the specific service.
26 (h) "Service" means all or any portion of a program or
27 program component as defined in section 216.011.
28 (3) PROCUREMENT OF COMMODITIES AND CONTRACTUAL
29 SERVICES.--
30 (a) For the purchase of commodities and contractual
31 services in excess of the threshold amount established in
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1 section 287.017, Florida Statutes, for CATEGORY TWO, the
2 department shall comply with the requirements set forth in
3 section 287.057, Florida Statutes.
4 (b) Notwithstanding section 287.057(5)(f)13., Florida
5 Statutes, whenever the department intends to contract with a
6 public postsecondary institution to provide a service, the
7 department must allow all public postsecondary institutions in
8 this state that are accredited by the Southern Association of
9 Colleges and Schools to bid on the contract. Thereafter,
10 notwithstanding any other provision to the contrary, if a
11 public postsecondary institution intends to subcontract for
12 any service awarded in the contract, the subcontracted service
13 must be procured by competitive procedures.
14 (c) When it is in the best interest of a defined
15 segment of its consumer population, the department may
16 competitively procure and contract for systems of treatment or
17 service that involve multiple providers, rather than procuring
18 and contracting for treatment or services separately from each
19 participating provider. The department must ensure that all
20 providers that participate in the treatment or service system
21 meet all applicable statutory, regulatory, service-quality,
22 and cost-control requirements. If other governmental entities
23 or units of special purpose government contribute matching
24 funds to the support of a given system of treatment or
25 service, the department shall formally request information
26 from those funding entities in the procurement process and may
27 take the information received into account in the selection
28 process. If a local government contributes matching funds to
29 support the system of treatment or contracted service and if
30 the match constitutes at least 25 percent of the value of the
31 contract, the department shall afford the governmental match
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1 contributor an opportunity to name an employee as one of the
2 persons required by section 287.057(17), Florida Statutes, to
3 evaluate or negotiate certain contracts, unless the department
4 sets forth in writing the reason why the inclusion would be
5 contrary to the best interest of the state. Any employee so
6 named by the governmental match contributor shall qualify as
7 one of the persons required by section 287.057(17), Florida
8 Statutes. A governmental entity or unit of special purpose
9 government may not name an employee as one of the persons
10 required by section 287.057(17), Florida Statutes, if it, or
11 any of its political subdivisions, executive agencies, or
12 special districts, intends to compete for the contract to be
13 awarded. The governmental funding entity or contributor of
14 matching funds must comply with all procurement procedures set
15 forth in section 287.057, Florida Statutes, when appropriate
16 and required.
17 (d) The department may procure and contract for or
18 provide assessment and case-management services independently
19 from treatment services.
20 (4) SOURCING STANDARDS AND REQUIREMENTS.--If the
21 department proposes to outsource a service, the department
22 must comply with the requirements of this section prior to the
23 procurement process provided for in section 287.057, Florida
24 Statutes.
25 (a) The department shall develop a business case
26 describing and analyzing the service proposed for outsourcing.
27 A business case is part of the solicitation process and is not
28 a rule subject to challenge pursuant to section 120.54,
29 Florida Statutes. The business case must include, but need not
30 be limited to:
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1 1. A detailed description of the services to be
2 outsourced, a description and analysis of the department's
3 current performance of the service, and a rationale
4 documenting how outsourcing the service would be in the best
5 interest of the state, the department, and its clients.
6 2. A cost-benefit analysis documenting the estimated
7 specific direct and indirect costs, savings, performance
8 improvements, risks, and qualitative and quantitative benefits
9 involved in or resulting from outsourcing the service. The
10 cost-benefit analysis must include a detailed plan and
11 timeline identifying all actions that must be implemented to
12 realize expected benefits. Under section 92.525, Florida
13 Statutes, the Secretary of Children and Family Services shall
14 verify that all costs, savings, and benefits are valid and
15 achievable.
16 3. A description of the specific performance measures
17 and standards that must be achieved through the outsourcing
18 proposal.
19 4. A statement of the potential effect on applicable
20 federal, state, and local revenues and expenditures. The
21 statement must specifically describe the effect on general
22 revenue, trust funds, general revenue service charges, and
23 interest on trust funds, together with the potential direct or
24 indirect effect on federal funding and cost allocations.
25 5. A plan to ensure compliance with public-record
26 laws, which must include components that:
27 a. Provide public access to public records at a cost
28 that does not exceed that provided in chapter 119, Florida
29 Statutes.
30 b. Ensure the confidentiality of records that are
31 exempt from disclosure or confidential under law.
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1 c. Meet all legal requirements for record retention.
2 d. Allow for transfer to the state, at no cost, all
3 public records in possession of the external service provider
4 upon termination of the contract.
5 6. A department transition and implementation plan for
6 addressing changes in the number of agency personnel, affected
7 business processes, and employee-transition issues. Such a
8 plan must also specify the mechanism for continuing the
9 operation of the service if the contractor fails to perform
10 and comply with the performance measures and standards and
11 provisions of the contract. Within this plan, the department
12 shall identify all resources, including full-time equivalent
13 positions, which are subject to outsourcing. All full-time
14 equivalent positions identified in the plan shall be placed in
15 reserve by the Executive Office of the Governor until the end
16 of the second year of the contract. Notwithstanding the
17 provisions of section 216.262, Florida Statutes, the Executive
18 Office of the Governor shall request authority from the
19 Legislative Budget Commission to reestablish full-time
20 positions above the number fixed by the Legislature when a
21 contract is terminated and the outsourced service must be
22 returned to the department.
23 7. A listing of assets proposed for transfer to or use
24 by the external service provider, a description of the
25 proposed requirements for maintenance of those assets by the
26 external service provider or the department in accordance with
27 chapter 273, Florida Statutes, a plan for their disposition
28 upon termination of the contract, and a description of how the
29 planned asset transfer or use by the contractor is in the best
30 interest of the department and the state.
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1 (b)1. If the department proposes to outsource the
2 service in the next fiscal year, the department shall submit
3 the business case with the department's final legislative
4 budget request, in the manner and form prescribed in the
5 legislative budget request instructions under section 216.023,
6 Florida Statutes. Upon approval in the General Appropriations
7 Act, the department may initiate and complete the procurement
8 process under section 287.057, Florida Statutes, and shall
9 have the authority to enter into contracts with the external
10 service provider.
11 2. If a proposed outsourcing initiative would require
12 integration with, or would in any way affect other state
13 information technology systems, the department shall submit
14 the feasibility study documentation required by the
15 legislative budget request instructions under section 216.023,
16 Florida Statutes.
17 (c) If the department proposes to outsource a service
18 during a fiscal year and the outsourcing provision was not
19 included in the approved operating budget of the department,
20 the department must provide to the Governor, the President of
21 the Senate, the Speaker of the House of Representatives, the
22 chairs of the legislative appropriations committees, and the
23 chairs of the relevant substantive committees the business
24 case that complies with the requirements of paragraph (a) at
25 least 45 days before the release of any solicitation
26 documents, as provided for in section 287.057, Florida
27 Statutes. Any budgetary changes that are inconsistent with the
28 department's approved budget may not be made to existing
29 programs unless the changes are recommended to the Legislative
30 Budget Commission by the Governor and the Legislative Budget
31 Commission expressly approves the program changes.
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1 (d) The department may not privatize a service without
2 specific authority provided in general law, the General
3 Appropriations Act, legislation implementing the General
4 Appropriations Act, or a special appropriations act.
5 (5) CONTRACTING AND PERFORMANCE MEASURES.--In addition
6 to the requirements of section 287.058, Florida Statutes,
7 every procurement of contractual services by the department
8 which meets or is in excess of the threshold amount provided
9 in section 287.017, Florida Statutes, for CATEGORY FIVE, must
10 comply with the requirements of this subsection.
11 (a) The department shall execute a contract containing
12 all provisions and conditions, which must include, but need
13 not be limited to:
14 1. A detailed scope of work that clearly specifies
15 each service and deliverable to be provided, including a
16 description of each deliverable or activity that is
17 quantifiable, measurable, and verifiable the department and
18 the contractor.
19 2. Associated costs and savings, specific payment
20 terms and payment schedules, including incentive and penalty
21 provisions, criteria governing payment, and a clear and
22 specific schedule to complete all required activities needed
23 to transfer the service from the state to the contractor.
24 3. Clear and specific identification of all required
25 performance measures and standards, which must, at a minimum,
26 include:
27 a. Acceptance criteria for each deliverable and
28 service to be provided to the department under the terms of
29 the contract which document, to the greatest extent possible,
30 the required performance level. Acceptance criteria must be
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1 detailed, clear, and unambiguous and shall be used to measure
2 deliverables and services to be provided under the contract.
3 b. A method for monitoring and reporting progress in
4 achieving specified performance standards and levels.
5 c. The sanctions or penalties that shall be assessed
6 for contract or state nonperformance. The department may
7 adopt, by rule, provisions for including in its contracts
8 incremental penalties to be imposed by its contract managers
9 on a contractor due to the contractor's failure to comply with
10 a requirement for corrective action. Any financial penalty
11 that is imposed upon a contractor may not be paid from funds
12 being used to provide services to clients, and the contractor
13 may not reduce the amount of services being delivered to
14 clients as a method for offsetting the effect of the penalty.
15 If a financial penalty is imposed upon a contractor that is a
16 corporation, the department shall notify, at a minimum, the
17 board of directors of the corporation. The department may
18 notify any additional parties that the department believes may
19 be helpful in obtaining the corrective action that is being
20 sought. In addition, the rules adopted by the department must
21 include provisions that permit the department to deduct the
22 financial penalties from funds that would otherwise be due to
23 the contractor, not to exceed 10 percent of the amount that
24 otherwise would be due to the contractor for the period of
25 noncompliance. If the department imposes a financial penalty,
26 it shall advise the contractor in writing of the cause for the
27 penalty. A failure to include such deductions in a request for
28 payment constitutes grounds for the department to reject that
29 request for payment. The remedies identified in this paragraph
30 do not limit or restrict the department's application of any
31 other remedy available to it in the contract or under law. The
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1 remedies described in this paragraph may be cumulative and may
2 be assessed upon each separate failure to comply with
3 instructions from the department to complete corrective
4 action.
5 4. A requirement that the contractor maintain adequate
6 accounting records that comply with all applicable federal and
7 state laws and generally accepted accounting principles.
8 5. A requirement authorizing the department and state
9 to have access to and conduct audits of all records related to
10 the contract and outsourced services.
11 6. A requirement that ownership of any intellectual
12 property developed in the course of, or as a result of, work
13 or services performed under the contract shall transfer to the
14 state if the contractor ceases to provide the outsourced
15 service.
16 7. A requirement describing the timing and substance
17 of all plans and status or progress reports that are to be
18 provided. All plans and status or progress reports must comply
19 with any relevant state and federal standards for planning,
20 implementation, operations, and oversight.
21 8. A requirement that the contractor shall comply with
22 public-record laws. The contractor shall:
23 a. Keep and maintain the public records that
24 ordinarily and necessarily would be required by the department
25 to perform the service.
26 b. Provide public access to such public records on the
27 same terms and conditions that the department would and at a
28 cost that does not exceed that provided in chapter 119.
29 c. Ensure the confidentiality of records that are
30 exempt from disclosure or confidential under law.
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1 d. Meet all legal and auditing requirements for record
2 retention, and transfer to the state, at no cost to the state,
3 all public records in possession of the contractor upon
4 termination of the contract. All records stored electronically
5 must be provided to the state in the format compatible with
6 state information technology systems.
7 9. A requirement that any state funds provided for the
8 purchase of or improvements to real property are contingent
9 upon the contractor granting to the state a security interest
10 in the property which is at least equal to the amount of the
11 state funds provided for at least 5 years following the date
12 of purchase or the completion of the improvements or as
13 further required by law. The contract must include a provision
14 that, as a condition of receipt of state funding for this
15 purpose, the contractor agrees that, if it disposes of the
16 property before the department's interest is vacated, the
17 contractor must refund the proportionate share of the state's
18 initial investment, as adjusted by depreciation.
19 10. A provision that the contractor annually submit
20 and verify, under section 92.525, Florida Statutes, all
21 required financial statements.
22 11. A provision that the contractor will be held
23 responsible and accountable for all work covered under the
24 contract including any work performed by subcontractors. The
25 contract must state that the department may monitor the
26 performance of any subcontractor.
27 (b) A contract may include cost-neutral,
28 performance-based incentives that may vary according to the
29 extent a contractor achieves or surpasses the performance
30 standards set forth in the contract. The incentives may be
31 weighted proportionally to reflect the extent to which the
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1 contractor has demonstrated that it has consistently met or
2 exceeded the contractual requirements and the performance
3 standards.
4 (c) The department shall review the time period for
5 which it executes contracts and, to the greatest extent
6 practicable, shall execute multiyear contracts to make the
7 most efficient use of the resources devoted to contract
8 processing and execution.
9 (d) When the annualized value of a contract is in
10 excess of $1 million, at least one of the persons conducting
11 negotiations must be certified as a contract negotiator based
12 upon standards established by the Department of Management
13 Services.
14 (e) The department may not amend a contract without
15 first submitting the proposed contract amendment to the
16 Executive Office of the Governor for approval if the effect of
17 the amendment would be to increase:
18 1. The value of the contract by $250,000; or
19 2. The term of the contract by 1 year or more.
20
21 When the department proposes any contract amendment that meets
22 the criteria described in this paragraph, it shall submit the
23 proposed contract amendment to the Executive Office of the
24 Governor for approval and shall immediately notify the chairs
25 of the legislative appropriations committees. The Executive
26 Office of the Governor may not approve the proposed contract
27 amendment until 14 days following receipt of the notification
28 to the legislative appropriations chairs. If either chair of
29 the legislative appropriations committees objects in writing
30 to a proposed contract amendment within 14 days following
31 notification and specifies the reasons for the objection, the
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1 Executive Office of the Governor shall disapprove the proposed
2 contract amendment or shall submit the proposed contract
3 amendment to the Administration Commission. The proposed
4 contract amendment may be approved by the Administration
5 Commission by a two-thirds vote of the members present with
6 the Governor voting in the affirmative. In the absence of
7 approval by the commission, the proposed contract amendment
8 shall be automatically disapproved. Otherwise, upon approval
9 by the Governor or Administration Commission, the department
10 may execute the contract amendment.
11 (e) An amendment that is issued under legislative
12 direction, including funding adjustments annually provided for
13 in the General Appropriations Act or the federal
14 appropriations acts, need not be submitted for approval in
15 accordance with paragraph (d).
16 (f) In addition to the requirements of section
17 287.057(14), Florida Statutes, the department shall verify
18 that all specific direct and indirect costs, savings,
19 performance measures and standards, and qualitative and
20 quantitative benefits identified in the original contract have
21 been satisfied by a contractor or the department before the
22 contract is renewed. The documentation must include an
23 explanation of any differences between the required
24 performance as identified in the contract and the actual
25 performance of the contractor. The documentation must be
26 included in the official contract file.
27 (g) The department shall, in consultation with the
28 Department of Management Services, develop contract templates
29 and guidelines that define the mandatory contract provisions
30 and other requirements identified in this subsection and that
31 must be used for all contractual service contracts meeting the
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1 requirements of this subsection. All contract templates and
2 guidelines shall be developed by September 30, 2005.
3 (6) CONTRACT-MANAGEMENT REQUIREMENTS AND
4 PROCESS.--Notwithstanding section 287.057(15), Florida
5 Statutes, the department is responsible for establishing a
6 contract-management process that requires a member of the
7 department's Senior Management Service to assign in writing
8 the responsibility of a contract to a contract manager. The
9 department shall maintain a set of procedures describing its
10 contract-management process which must minimally include the
11 following requirements:
12 (a) The contract manager shall maintain the official
13 contract file throughout the duration of the contract and for
14 a period not less than 6 years after the termination of the
15 contract.
16 (b) The contract manager shall review all invoices for
17 compliance with the criteria and payment schedule provided for
18 in the contract and shall approve payment of all invoices
19 before their transmission to the Department of Financial
20 Services for payment. Only the contract manager shall approve
21 the invoices for a specific contract, unless the contract
22 manager is temporarily unavailable to review an invoice. The
23 contract file must contain an explanation for any periods of
24 temporary unavailability of the assigned contract manager. For
25 any individual invoice in excess of $500,000, a member of the
26 Selected Exempt Service or Senior Management Service shall
27 also sign payment approval of the invoice. For any individual
28 invoice in excess of $1 million, a member of the Senior
29 Management Service shall also sign payment approval of the
30 invoice.
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1 (c) The contract manager shall maintain a schedule of
2 payments and total amounts disbursed and shall periodically
3 reconcile the records with the state's official accounting
4 records.
5 (d) For contracts involving the provision of direct
6 client services, the contract manager shall periodically visit
7 the physical location where the services are delivered and
8 speak directly to clients receiving the services and the staff
9 responsible for delivering the services.
10 (e) For contracts for which the contractor is a
11 corporation, the contract manager shall attend at least one
12 board meeting semiannually, if held and if within 100 miles of
13 the contract manager's official headquarters.
14 (f) The contract manager shall meet at least once a
15 month directly with the contractor's representative and
16 maintain records of such meetings.
17 (g) The contract manager shall periodically document
18 any differences between the required performance measures and
19 the actual performance measures. If a contractor fails to meet
20 and comply with the performance measures established in the
21 contract, the department may allow a reasonable period for the
22 contractor to correct performance deficiencies. If performance
23 deficiencies are not resolved to the satisfaction of the
24 department within the prescribed time, and if no extenuating
25 circumstances can be documented by the contractor to the
26 department's satisfaction, the department must terminate the
27 contract. The department may not enter into a new contract
28 with that same contractor for the services for which the
29 contract was previously terminated for a period of at least 24
30 months after the date of termination. The contract manager
31 shall obtain and enforce corrective-action plans, if
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1 appropriate, and maintain records regarding the completion or
2 failure to complete corrective-action items.
3 (h) The contract manager shall document any contract
4 modifications, which shall include recording any contract
5 amendments as provided for in this section.
6 (i) The contract manager shall be properly trained
7 before being assigned responsibility for any contract.
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9 The department shall develop standards of conduct and a range
10 of disciplinary actions for its employees which are
11 specifically related to carrying out contract-management
12 responsibilities.
13 (7) CONTRACT-MONITORING REQUIREMENTS AND PROCESS.--The
14 department shall establish contract-monitoring units staffed
15 by full-time career service employees who report to a member
16 of the Select Exempt Service or Senior Management Service and
17 who have been properly trained to perform contract monitoring.
18 A member of the Senior Management Service shall assign in
19 writing a specific contract to a contract-monitoring unit,
20 with at least one member of the contract-monitoring unit
21 possessing specific knowledge and experience in the contract's
22 program area. The department shall establish a
23 contract-monitoring process that must include, but need not be
24 limited to, the following requirements:
25 (a) Performing a risk assessment at the start of each
26 fiscal year and preparing an annual contract-monitoring
27 schedule that includes consideration for the level of risk
28 assigned. The department may monitor any contract at any time
29 regardless of whether such monitoring was originally included
30 in the annual contract-monitoring schedule.
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1 (b) Preparing a contract-monitoring plan, including
2 sampling procedures, before performing on-site monitoring at
3 external locations of a service provider. The plan must
4 include a description of the programmatic, fiscal, and
5 administrative components that will be monitored on-site. If
6 appropriate, clinical and therapeutic components may be
7 included.
8 (c) Conducting analyses of the performance and
9 compliance of an external service provider by means of desk
10 reviews if the external service provider will not be monitored
11 on-site during a fiscal year.
12 (d) Unless the department sets forth in writing the
13 need for an extension, providing a written report presenting
14 the results of the monitoring within 30 days after the
15 completion of the on-site monitoring or desk review. Report
16 extensions may not exceed 30 days after the original
17 completion date. The department shall develop and use a
18 standard contract-monitoring report format and shall provide
19 access to the reports by means of a website that is available
20 to the Legislature.
21 (e) For contracts involving the provision of direct
22 client services, requiring the contract monitor to visit the
23 physical location where the services are being delivered and
24 to speak directly to the clients receiving the services and
25 with the staff responsible for delivering the services.
26 (f) Developing and maintaining a set of procedures
27 describing the contract-monitoring process.
28
29 The department shall develop standards of conduct and a range
30 of disciplinary actions for its employees which are
31
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1 specifically related to carrying out contract-monitoring
2 responsibilities.
3 (8) REPORTS TO THE LEGISLATURE.--Beginning October 1,
4 2005, the department shall make available to the Legislature
5 electronically all documents associated with the procurement
6 and contracting functions of the department. The documents in
7 the database must include, but are not limited to, all:
8 (a) Business cases;
9 (b) Procurement documents;
10 (c) Contracts and any related files, attachments, or
11 amendments;
12 (d) Contract monitoring reports;
13 (e) Corrective action plans and reports of corrective
14 actions taken when contractor performance deficiencies are
15 identified; and
16 (f) Status reports on all outsourcing initiatives
17 describing the progress by the department towards achieving
18 the business objectives, costs, savings, and quantifiable
19 benefits identified in the business case.
20 Section 2. Section 402.73, Florida Statutes, is
21 amended to read:
22 402.73 Contracting and performance standards.--
23 (1) The Department of Children and Family Services
24 shall establish performance standards for all contracted
25 client services. Notwithstanding s. 287.057(5)(f), the
26 department must competitively procure any contract for client
27 services when any of the following occurs:
28 (a) The provider fails to meet appropriate performance
29 standards established by the department after the provider has
30 been given a reasonable opportunity to achieve the established
31 standards.
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1 (b) A new program or service has been authorized and
2 funded by the Legislature and the annual value of the contract
3 for such program or service is $300,000 or more.
4 (c) The department has concluded, after reviewing
5 market prices and available treatment options, that there is
6 evidence that the department can improve the performance
7 outcomes produced by its contract resources. At a minimum, the
8 department shall review market prices and available treatment
9 options biennially. The department shall compile the results
10 of the biennial review and include the results in its annual
11 performance report to the Legislature pursuant to chapter
12 94-249, Laws of Florida. The department shall provide notice
13 and an opportunity for public comment on its review of market
14 prices and available treatment options.
15 (2) The competitive requirements of subsection (1)
16 must be initiated for each contract that meets the criteria of
17 this subsection, unless the secretary makes a written
18 determination that particular facts and circumstances require
19 deferral of the competitive process. Facts and circumstances
20 must be specifically described for each individual contract
21 proposed for deferral and must include one or more of the
22 following:
23 (a) An immediate threat to the health, safety, or
24 welfare of the department's clients.
25 (b) A threat to appropriate use or disposition of
26 facilities that have been financed in whole, or in substantial
27 part, through contracts or agreements with a state agency.
28 (c) A threat to the service infrastructure of a
29 community which could endanger the well-being of the
30 department's clients.
31
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1 Competitive procurement of client services contracts that meet
2 the criteria in subsection (1) may not be deferred for longer
3 than 1 year.
4 (3) The Legislature intends that the department obtain
5 services in the manner that is most cost-effective for the
6 state, that provides the greatest long-term benefits to the
7 clients receiving services, and that minimizes the disruption
8 of client services. In order to meet these legislative goals,
9 the department may adopt rules providing procedures for the
10 competitive procurement of contracted client services which
11 represent an alternative to the request-for-proposal or
12 invitation-to-bid process. The alternative competitive
13 procedures shall permit the department to solicit professional
14 qualifications from prospective providers and to evaluate such
15 statements of qualification before requesting service
16 proposals. The department may limit the firms invited to
17 submit service proposals to only those firms that have
18 demonstrated the highest level of professional capability to
19 provide the services under consideration, but may not invite
20 fewer than three firms to submit service proposals, unless
21 fewer than three firms submitted satisfactory statements of
22 qualification. The alternative procedures must, at a minimum,
23 allow the department to evaluate competing proposals and
24 select the proposal that provides the greatest benefit to the
25 state while considering the quality of the services,
26 dependability, and integrity of the provider, the
27 dependability of the provider's services, the experience of
28 the provider in serving target populations or client groups
29 substantially identical to members of the target population
30 for the contract in question, and the ability of the provider
31 to secure local funds to support the delivery of services,
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1 including, but not limited to, funds derived from local
2 governments. These alternative procedures need not conform to
3 the requirements of s. 287.042 or s. 287.057(1) or (2).
4 (4) The department shall review the period for which
5 it executes contracts and, to the greatest extent practicable,
6 shall execute multiyear contracts to make the most efficient
7 use of the resources devoted to contract processing and
8 execution.
9 (5) When it is in the best interest of a defined
10 segment of its consumer population, the department may
11 competitively procure and contract for systems of treatment or
12 service that involve multiple providers, rather than procuring
13 and contracting for treatment or services separately from each
14 participating provider. The department must ensure that all
15 providers that participate in the treatment or service system
16 meet all applicable statutory, regulatory, service-quality,
17 and cost-control requirements. If other governmental entities
18 or units of special purpose government contribute matching
19 funds to the support of a given system of treatment or
20 service, the department shall formally request information
21 from those funding entities in the procurement process and may
22 take the information received into account in the selection
23 process. If a local government contributes match to support
24 the system of treatment or contracted service and if the match
25 constitutes at least 25 percent of the value of the contract,
26 the department shall afford the governmental match contributor
27 an opportunity to name an employee as one of the persons
28 required by s. 287.057(17) to evaluate or negotiate certain
29 contracts, unless the department sets forth in writing the
30 reason why such inclusion would be contrary to the best
31 interest of the state. Any employee so named by the
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1 governmental match contributor shall qualify as one of the
2 persons required by s. 287.057(17). No governmental entity or
3 unit of special purpose government may name an employee as one
4 of the persons required by s. 287.057(17) if it, or any of its
5 political subdivisions, executive agencies, or special
6 districts, intends to compete for the contract to be awarded.
7 The governmental funding entity or match contributor shall
8 comply with any deadlines and procurement procedures
9 established by the department. The department may also involve
10 nongovernmental funding entities in the procurement process
11 when appropriate.
12 (6) The department may contract for or provide
13 assessment and case management services independently from
14 treatment services.
15 (7) The department shall adopt, by rule, provisions
16 for including in its contracts incremental penalties to be
17 imposed by its contract managers on a service provider due to
18 the provider's failure to comply with a requirement for
19 corrective action. Any financial penalty that is imposed upon
20 a provider may not be paid from funds being used to provide
21 services to clients, and the provider may not reduce the
22 amount of services being delivered to clients as a method for
23 offsetting the impact of the penalty. If a financial penalty
24 is imposed upon a provider that is a corporation, the
25 department shall notify, at a minimum, the board of directors
26 of the corporation. The department may notify, at its
27 discretion, any additional parties that the department
28 believes may be helpful in obtaining the corrective action
29 that is being sought. Further, the rules adopted by the
30 department must include provisions that permit the department
31 to deduct the financial penalties from funds that would
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1 otherwise be due to the provider, not to exceed 10 percent of
2 the amount that otherwise would be due to the provider for the
3 period of noncompliance. If the department imposes a financial
4 penalty, it shall advise the provider in writing of the cause
5 for the penalty. A failure to include such deductions in a
6 request for payment constitutes a ground for the department to
7 reject that request for payment. The remedies identified in
8 this subsection do not limit or restrict the department's
9 application of any other remedy available to it in the
10 contract or under law. The remedies described in this
11 subsection may be cumulative and may be assessed upon each
12 separate failure to comply with instructions from the
13 department to complete corrective action.
14 (8) The department shall develop standards of conduct
15 and a range of disciplinary actions for its employees which
16 are specifically related to carrying out contracting
17 responsibilities.
18 (1)(9) The Agency for Persons with Disabilities
19 department must implement systems and controls to ensure
20 financial integrity and service provision quality in the
21 developmental services Medicaid waiver service system.
22 (10) If a provider fails to meet the performance
23 standards established in the contract, the department may
24 allow a reasonable period for the provider to correct
25 performance deficiencies. If performance deficiencies are not
26 resolved to the satisfaction of the department within the
27 prescribed time, and if no extenuating circumstances can be
28 documented by the provider to the department's satisfaction,
29 the department must cancel the contract with the provider. The
30 department may not enter into a new contract with that same
31 provider for the services for which the contract was
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1 previously canceled for a period of at least 24 months after
2 the date of cancellation. If an adult substance abuse services
3 provider fails to meet the performance standards established
4 in the contract, the department may allow a reasonable period,
5 not to exceed 6 months, for the provider to correct
6 performance deficiencies. If the performance deficiencies are
7 not resolved to the satisfaction of the department within 6
8 months, the department must cancel the contract with the adult
9 substance abuse provider, unless there is no other qualified
10 provider in the service district.
11 (11) The department shall include in its standard
12 contract document a requirement that any state funds provided
13 for the purchase of or improvements to real property are
14 contingent upon the contractor or political subdivision
15 granting to the state a security interest in the property at
16 least to the amount of the state funds provided for at least 5
17 years from the date of purchase or the completion of the
18 improvements or as further required by law. The contract must
19 include a provision that, as a condition of receipt of state
20 funding for this purpose, the provider agrees that, if it
21 disposes of the property before the department's interest is
22 vacated, the provider will refund the proportionate share of
23 the state's initial investment, as adjusted by depreciation.
24 (12) The department shall develop and refine
25 contracting and accountability methods that are
26 administratively efficient and that provide for optimal
27 provider performance.
28 (13) The department may competitively procure any
29 contract when it deems it is in the best interest of the state
30 to do so. The requirements described in subsection (1) do not,
31 and may not be construed to, limit in any way the department's
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1 ability to competitively procure any contract it executes, and
2 the absence of any or all of the criteria described in
3 subsection (1) may not be used as the basis for an
4 administrative or judicial protest of the department's
5 determination to conduct competition, make an award, or
6 execute any contract.
7 (14) A contract may include cost-neutral,
8 performance-based incentives that may vary according to the
9 extent a provider achieves or surpasses the performance
10 standards set forth in the contract. Such incentives may be
11 weighted proportionally to reflect the extent to which the
12 provider has demonstrated that it has consistently met or
13 exceeded the contractual requirements and the department's
14 performance standards.
15 (2)(15) Nothing contained in chapter 287 shall require
16 competitive bids for health services involving examination,
17 diagnosis, or treatment.
18 Section 3. Paragraphs (a), (b), (e), (f), and (g) of
19 subsection (1), paragraph (b) of subsection (2), paragraph (a)
20 of subsection (4), and subsections (6) and (9) of section
21 409.1671, Florida Statutes, are amended to read:
22 409.1671 Foster care and related services;
23 privatization.--
24 (1)(a) It is the intent of the Legislature that the
25 Department of Children and Family Services shall outsource
26 privatize the provision of foster care and related services
27 statewide. It is further the Legislature's intent to encourage
28 communities and other stakeholders in the well-being of
29 children to participate in assuring that children are safe and
30 well-nurtured. However, while recognizing that some local
31 governments are presently funding portions of certain foster
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1 care and related services programs and may choose to expand
2 such funding in the future, the Legislature does not intend by
3 its outsourcing privatization of foster care and related
4 services that any county, municipality, or special district be
5 required to assist in funding programs that previously have
6 been funded by the state. Counties that provide children and
7 family services with at least 40 licensed residential group
8 care beds by July 1, 2003, and provide at least $2 million
9 annually in county general revenue funds to supplement foster
10 and family care services shall continue to contract directly
11 with the state and shall be exempt from the provisions of this
12 section. Nothing in this paragraph prohibits any county,
13 municipality, or special district from future voluntary
14 funding participation in foster care and related services. As
15 used in this section, the term "outsource" "privatize" means
16 to contract with competent, community-based agencies. The
17 department shall submit a plan to accomplish outsourcing
18 privatization statewide, through a competitive process, phased
19 in over a 3-year period beginning January 1, 2000. This plan
20 must be developed with local community participation,
21 including, but not limited to, input from community-based
22 providers that are currently under contract with the
23 department to furnish community-based foster care and related
24 services, and must include a methodology for determining and
25 transferring all available funds, including federal funds that
26 the provider is eligible for and agrees to earn and that
27 portion of general revenue funds which is currently associated
28 with the services that are being furnished under contract. The
29 methodology must provide for the transfer of funds
30 appropriated and budgeted for all services and programs that
31 have been incorporated into the project, including all
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1 management, capital (including current furniture and
2 equipment), and administrative funds to accomplish the
3 transfer of these programs. This methodology must address
4 expected workload and at least the 3 previous years'
5 experience in expenses and workload. With respect to any
6 district or portion of a district in which outsourcing
7 privatization cannot be accomplished within the 3-year
8 timeframe, the department must clearly state in its plan the
9 reasons the timeframe cannot be met and the efforts that
10 should be made to remediate the obstacles, which may include
11 alternatives to total outsourcing privatization, such as
12 public-private partnerships. As used in this section, the term
13 "related services" includes, but is not limited to, family
14 preservation, independent living, emergency shelter,
15 residential group care, foster care, therapeutic foster care,
16 intensive residential treatment, foster care supervision, case
17 management, postplacement supervision, permanent foster care,
18 and family reunification. Unless otherwise provided for, the
19 state attorney shall provide child welfare legal services,
20 pursuant to chapter 39 and other relevant provisions, in
21 Pinellas and Pasco Counties. When a private nonprofit agency
22 has received case management responsibilities, transferred
23 from the state under this section, for a child who is
24 sheltered or found to be dependent and who is assigned to the
25 care of the outsourcing privatization project, the agency may
26 act as the child's guardian for the purpose of registering the
27 child in school if a parent or guardian of the child is
28 unavailable and his or her whereabouts cannot reasonably be
29 ascertained. The private nonprofit agency may also seek
30 emergency medical attention for such a child, but only if a
31 parent or guardian of the child is unavailable, his or her
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1 whereabouts cannot reasonably be ascertained, and a court
2 order for such emergency medical services cannot be obtained
3 because of the severity of the emergency or because it is
4 after normal working hours. However, the provider may not
5 consent to sterilization, abortion, or termination of life
6 support. If a child's parents' rights have been terminated,
7 the nonprofit agency shall act as guardian of the child in all
8 circumstances.
9 (b) It is the intent of the Legislature that the
10 department will continue to work towards full outsourcing
11 privatization in a manner that assures the viability of the
12 community-based system of care and best provides for the
13 safety of children in the child protection system. To this
14 end, the department is directed to continue the process of
15 outsourcing privatizing services in those counties in which
16 signed startup contracts have been executed. The department
17 may also continue to enter into startup contracts with
18 additional counties. However, no services shall be transferred
19 to a community-based care lead agency until the department, in
20 consultation with the local community alliance, has determined
21 and certified in writing to the Governor and the Legislature
22 that the district is prepared to transition the provision of
23 services to the lead agency and that the lead agency is ready
24 to deliver and be accountable for such service provision. In
25 making this determination, the department shall conduct a
26 readiness assessment of the district and the lead agency.
27 1. The assessment shall evaluate the operational
28 readiness of the district and the lead agency based on:
29 a. A set of uniform criteria, developed in
30 consultation with currently operating community-based care
31 lead agencies and reflecting national accreditation standards,
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1 that evaluate programmatic, financial, technical assistance,
2 training and organizational competencies; and
3 b. Local criteria reflective of the local
4 community-based care design and the community alliance
5 priorities.
6 2. The readiness assessment shall be conducted by a
7 joint team of district and lead agency staff with direct
8 experience with the start up and operation of a
9 community-based care service program and representatives from
10 the appropriate community alliance. Within resources available
11 for this purpose, the department may secure outside audit
12 expertise when necessary to assist a readiness assessment
13 team.
14 3. Upon completion of a readiness assessment, the
15 assessment team shall conduct an exit conference with the
16 district and lead agency staff responsible for the transition.
17 4. Within 30 days following the exit conference with
18 staff of each district and lead agency, the secretary shall
19 certify in writing to the Governor and the Legislature that
20 both the district and the lead agency are prepared to begin
21 the transition of service provision based on the results of
22 the readiness assessment and the exit conference. The document
23 of certification must include specific evidence of readiness
24 on each element of the readiness instrument utilized by the
25 assessment team as well as a description of each element of
26 readiness needing improvement and strategies being implemented
27 to address each one.
28 (e) As used in this section, the term "eligible lead
29 community-based provider" means a single agency with which the
30 department shall contract for the provision of child
31 protective services in a community that is no smaller than a
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1 county. The secretary of the department may authorize more
2 than one eligible lead community-based provider within a
3 single county when to do so will result in more effective
4 delivery of foster care and related services. To compete for
5 an outsourcing a privatization project, such agency must have:
6 1. The ability to coordinate, integrate, and manage
7 all child protective services in the designated community in
8 cooperation with child protective investigations.
9 2. The ability to ensure continuity of care from entry
10 to exit for all children referred from the protective
11 investigation and court systems.
12 3. The ability to provide directly, or contract for
13 through a local network of providers, all necessary child
14 protective services. Such agencies should directly provide no
15 more than 35 percent of all child protective services
16 provided.
17 4. The willingness to accept accountability for
18 meeting the outcomes and performance standards related to
19 child protective services established by the Legislature and
20 the Federal Government.
21 5. The capability and the willingness to serve all
22 children referred to it from the protective investigation and
23 court systems, regardless of the level of funding allocated to
24 the community by the state, provided all related funding is
25 transferred.
26 6. The willingness to ensure that each individual who
27 provides child protective services completes the training
28 required of child protective service workers by the Department
29 of Children and Family Services.
30 7. The ability to maintain eligibility to receive all
31 federal child welfare funds, including Title IV-E and IV-A
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1 funds, currently being used by the Department of Children and
2 Family Services.
3 8. Written agreements with Healthy Families Florida
4 lead entities in their community, pursuant to s. 409.153, to
5 promote cooperative planning for the provision of prevention
6 and intervention services.
7 9. A board of directors, of which at least 51 percent
8 of the membership is comprised of persons residing in this
9 state. Of the state residents, at least 51 percent must also
10 reside within the service area of the lead community-based
11 provider.
12 (f)1. The Legislature finds that the state has
13 traditionally provided foster care services to children who
14 have been the responsibility of the state. As such, foster
15 children have not had the right to recover for injuries beyond
16 the limitations specified in s. 768.28. The Legislature has
17 determined that foster care and related services need to be
18 outsourced privatized pursuant to this section and that the
19 provision of such services is of paramount importance to the
20 state. The purpose for such outsourcing privatization is to
21 increase the level of safety, security, and stability of
22 children who are or become the responsibility of the state.
23 One of the components necessary to secure a safe and stable
24 environment for such children is that private providers
25 maintain liability insurance. As such, insurance needs to be
26 available and remain available to nongovernmental foster care
27 and related services providers without the resources of such
28 providers being significantly reduced by the cost of
29 maintaining such insurance.
30 2. The Legislature further finds that, by requiring
31 the following minimum levels of insurance, children in
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1 outsourced privatized foster care and related services will
2 gain increased protection and rights of recovery in the event
3 of injury than provided for in s. 768.28.
4 (g) In any county in which a service contract has not
5 been executed by December 31, 2004, the department shall
6 ensure access to a model comprehensive residential services
7 program as described in s. 409.1677 which, without imposing
8 undue financial, geographic, or other barriers, ensures
9 reasonable and appropriate participation by the family in the
10 child's program.
11 1. In order to ensure that the program is operational
12 by December 31, 2004, the department must, by December 31,
13 2003, begin the process of establishing access to a program in
14 any county in which the department has not either entered into
15 a transition contract or approved a community plan, as
16 described in paragraph (d), which ensures full outsourcing
17 privatization by the statutory deadline.
18 2. The program must be procured through a competitive
19 process.
20 3. The Legislature does not intend for the provisions
21 of this paragraph to substitute for the requirement that full
22 conversion to community-based care be accomplished.
23 (2)
24 (b) Persons employed by the department in the
25 provision of foster care and related services whose positions
26 are being outsourced under privatized pursuant to this statute
27 shall be given hiring preference by the provider, if provider
28 qualifications are met.
29 (4)(a) The department, in consultation with the
30 community-based agencies that are undertaking the outsourced
31 privatized projects, shall establish a quality assurance
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1 program for privatized services. The quality assurance program
2 shall be based on standards established by the Adoption and
3 Safe Families Act as well as by a national accrediting
4 organization such as the Council on Accreditation of Services
5 for Families and Children, Inc. (COA) or CARF--the
6 Rehabilitation Accreditation Commission. Each program operated
7 under contract with a community-based agency must be evaluated
8 annually by the department. The department shall, to the
9 extent possible, use independent financial audits provided by
10 the community-based care agency to eliminate or reduce the
11 ongoing contract and administrative reviews conducted by the
12 department. The department may suggest additional items to be
13 included in such independent financial audits to meet the
14 department's needs. Should the department determine that such
15 independent financial audits are inadequate, then other
16 audits, as necessary, may be conducted by the department.
17 Nothing herein shall abrogate the requirements of s. 215.97.
18 The department shall submit an annual report regarding quality
19 performance, outcome measure attainment, and cost efficiency
20 to the President of the Senate, the Speaker of the House of
21 Representatives, the minority leader of each house of the
22 Legislature, and the Governor no later than January 31 of each
23 year for each project in operation during the preceding fiscal
24 year.
25 (6) Beginning January 1, 1999, and continuing at least
26 through June 30, 2000, the Department of Children and Family
27 Services shall outsource privatize all foster care and related
28 services in district 5 while continuing to contract with the
29 current model programs in districts 1, 4, and 13, and in
30 subdistrict 8A, and shall expand the subdistrict 8A pilot
31 program to incorporate Manatee County. Planning for the
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1 district 5 outsourcing privatization shall be done by
2 providers that are currently under contract with the
3 department for foster care and related services and shall be
4 done in consultation with the department. A lead provider of
5 the district 5 program shall be competitively selected, must
6 demonstrate the ability to provide necessary comprehensive
7 services through a local network of providers, and must meet
8 criteria established in this section. Contracts with
9 organizations responsible for the model programs must include
10 the management and administration of all outsourced privatized
11 services specified in subsection (1). However, the department
12 may use funds for contract management only after obtaining
13 written approval from the Executive Office of the Governor.
14 The request for such approval must include, but is not limited
15 to, a statement of the proposed amount of such funds and a
16 description of the manner in which such funds will be used. If
17 the community-based organization selected for a model program
18 under this subsection is not a Medicaid provider, the
19 organization shall be issued a Medicaid provider number
20 pursuant to s. 409.907 for the provision of services currently
21 authorized under the state Medicaid plan to those children
22 encompassed in this model and in a manner not to exceed the
23 current level of state expenditure.
24 (9) Each district and subdistrict that participates in
25 the model program effort or any future outsourcing
26 privatization effort as described in this section must
27 thoroughly analyze and report the complete direct and indirect
28 costs of delivering these services through the department and
29 the full cost of outsourcing privatization, including the cost
30 of monitoring and evaluating the contracted services.
31
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1 Section 4. The Office of Program Policy Analysis and
2 Government Accountability shall conduct two reviews of the
3 contract-management and accountability structures of the
4 Department of Children and Family Services, including, but not
5 limited to, whether the department is adequately monitoring
6 and managing its outsourced or privatized functions and
7 services. The office shall report its findings and
8 recommendations to the President of the Senate, the Speaker of
9 the House of Representatives, and the Auditor General by
10 February 1 of 2006 and 2007, respectively.
11 Section 5. Section 402.72, Florida Statutes, is
12 repealed.
13 Section 6. This act shall take effect July 1, 2005.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1476
3
4 Clarifies the definitions of "contract manager," "contract
monitor,""outsourcing,""performance measure," and "privatize,"
5 and adds a definition for "performance standard."
6 Requires the Department of Children and Families (DCF) to
provide an opportunity for competition among postsecondary
7 institutions when DCF procures from those institutions and
limits the ability of the postsecondary institution to
8 subcontract a DCF contract.
9 Clarifies that DCF may privatize a service only after
receiving a specific legislative authority.
10
Provides direction to DCF regarding the renewal of a contract.
11
Removes the requirement that DCF provide reports to the
12 Legislature, replacing that provision with a requirement that
DCF make available electronically to the Legislature all
13 documents associated with DCF's procurement and contracting
functions.
14
Amends s. 409.1671, F.S., to conform definitions.
15
Corrects the date of the first required report from the Office
16 of Program Policy Analysis and Government Accountability.
17 Preserves the requirement that systems and controls be
implemented to ensure financial integrity and service
18 provision quality in the Medicaid waiver service system,
amending s. 402.73, F.S., to change the name of the agency
19 responsible for meeting that requirement from DCF to the
Agency for Persons with Disabilities.
20
21
22
23
24
25
26
27
28
29
30
31
39
CODING: Words stricken are deletions; words underlined are additions.