Senate Bill sb1694c1

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    Florida Senate - 2006                           CS for SB 1694

    By the Committee on Children and Families; and Senator
    Campbell




    586-2029-06

  1                      A bill to be entitled

  2         An act relating to community-based care;

  3         establishing a 3-year pilot program in

  4         Miami-Dade, Monroe, and Broward Counties;

  5         providing for the transfer of certain

  6         responsibilities from the Department of

  7         Children and Family Services to specified

  8         community-based care lead agencies; providing

  9         for funding the pilot program from block grants

10         and federal funds; requiring that the

11         department enter into fixed-price contracts;

12         requiring that annual financial statements

13         regarding the pilot program be provided to the

14         Governor, the department, and the Legislature;

15         requiring that an independent arbitrator

16         resolve certain disputes related to contracts;

17         requiring that contract management and

18         oversight be conducted by third-party entities;

19         providing an exemption from s. 287.057, F.S.;

20         requiring such entities to submit reports to

21         the Governor and the Legislature; requiring

22         that the department, the lead agencies

23         implementing the pilot program, and the Agency

24         for Health Care Administration develop a plan

25         for integrating certain Medicaid mental health

26         services; providing that funding is contingent

27         upon an appropriation; specifying that the

28         annual evaluation required in s. 409.1671,

29         F.S., include the pilot program; directing the

30         Office of Program Policy Analysis and

31         Government Accountability and the Office of the

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    Florida Senate - 2006                           CS for SB 1694
    586-2029-06




 1         Auditor General to complete an evaluation of

 2         the pilot program; providing an effective date.

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

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 6         Section 1.  (1)  A 3-year pilot program is established

 7  for the community-based care lead agencies serving Miami-Dade,

 8  Monroe, and Broward Counties. This pilot program shall allow

 9  for the transfer of the current lead agency oversight

10  responsibilities of the Department of Children and Family

11  Services to independent agents and for funding the program

12  through a block grant that enhances funding flexibility. The

13  pilot program shall expand the responsibilities and services

14  provided by these lead agencies.

15         (2)  The Department of Children and Family Services

16  shall enter into a 3-year contract with the designated

17  community-based care lead agency serving Miami-Dade and Monroe

18  Counties and with the designated community-based care lead

19  agency serving Broward County, which have been established in

20  accordance with s. 409.1671, Florida Statutes. The contracts

21  must be fixed-price contracts funded in 36 equal monthly

22  installments. The first 2 months shall be paid in advance, and

23  the contract must contain the elements outlined in this

24  section. The initial 2-month advance payment is due July 10,

25  2006. The contracts shall be funded by general revenue through

26  a block grant and by federal Title IV-E funding and other

27  federal funding sources. The amount of federal Title IV-E

28  funding allocated in each year of the 3-year pilot program

29  shall be equal to the amount earned by each of the lead

30  agencies during the 2005-2006 fiscal year. The state shall be

31  held harmless for any shortfall caused by the lead agencies'

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    Florida Senate - 2006                           CS for SB 1694
    586-2029-06




 1  inability to earn the allocated Title IV-E funding, and each

 2  lead agency's contract shall be increased in accordance with

 3  any federal overearnings. Funding in excess of the contracted

 4  amounts for the lead agencies shall be available only in the

 5  event of additional specific legislative appropriations for

 6  services provided under s. 409.1671, Florida Statutes; an

 7  increase in the population of children served which exceeds 3

 8  percent of the population of children served on June 15, 2005,

 9  by either lead agency; or unforeseen catastrophic events as

10  determined by the Governor and funded by the Legislature. The

11  lead agencies shall annually provide certified audited

12  financial statements to the Governor, the Department of

13  Children and Family Services, and the appropriations

14  committees of the Legislature. All other required fiscal

15  reporting shall be determined by the independent fiscal

16  monitors selected by the parties. For purposes of this

17  section, the term "parties" means the two lead agencies

18  implementing this pilot program and the Department of Children

19  and Family Services. In order to facilitate and expedite the

20  execution of this section, the parties shall engage an

21  independent arbitrator for purposes of dispute resolution,

22  including any disputes related to the form and substance of

23  the contract to execute the pilot program, with an award of

24  fees and costs to the prevailing party. The arbitrator's role

25  shall be limited to selecting which of the party's position is

26  more reasonable.

27         (3)  Contract management, fiscal oversight, and

28  programmatic oversight shall be conducted by independent,

29  nongovernmental third-party entities under contract to the

30  department and shall be conducted in a manner jointly agreed

31  to by the lead agencies and the department. The cost of

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    Florida Senate - 2006                           CS for SB 1694
    586-2029-06




 1  contracting with these independent entities shall be funded by

 2  the department. Notwithstanding any other provision to the

 3  contrary, the pilot program may not be implemented until the

 4  parties have agreed to the selection of these entities and the

 5  manner in which they are to carry out their responsibilities.

 6  Such agreement must be reached by the parties no later than

 7  July 1, 2006. The selection of the entities for purposes of

 8  compliance with this subsection shall be exempt from the

 9  provisions of s. 287.057, Florida Statutes. Fiscal oversight

10  shall be conducted in a manner similar to the model used by

11  the department during the 2005-2006 fiscal year in Miami-Dade

12  and Monroe Counties. In order to be able to compare the

13  performance of the pilot program's lead agencies with that of

14  other lead agencies, the programmatic performance of the pilot

15  program's lead agencies shall be measured and monitored by

16  outcome measures contained in their contracts with the

17  department which are in effect on the effective date of this

18  section. The independent entities shall submit their reports

19  directly to the Governor, the President of the Senate, and the

20  Speaker of the House of Representatives.

21         (4)  The department and the lead agencies implementing

22  the pilot program shall develop an implementation plan with

23  the Agency for Health Care Administration regarding the

24  pending Medicaid mental health reform for the purpose of

25  implementing a local reform model that allows for the

26  integration of services in the current systems of care.

27         (5)  The moneys in this appropriation are appropriated

28  to the Department of Children and Family Services for the

29  2006-2007 fiscal year for the purpose of funding the contracts

30  provided for in this section. The contracts shall be funded in

31  the first year as follows: $104 million for Miami-Dade and

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    Florida Senate - 2006                           CS for SB 1694
    586-2029-06




 1  Monroe Counties and $70.3 million for Broward County. This

 2  section shall be implemented to the extent that appropriations

 3  contained in the General Appropriations Act are available for

 4  such purpose.

 5         (6)  The annual evaluation required by s.

 6  409.1671(4)(a), Florida Statutes, shall include an evaluation

 7  of the pilot program described in this act which compares

 8  performance and fiscal management of the community-based care

 9  lead agencies in the pilot program to those that are not in

10  the pilot program. In addition, the Office of Program Policy

11  Analysis and Government Accountability and the Office of the

12  Auditor General shall jointly complete an evaluation of the

13  pilot program and provide an interim report to the Legislature

14  no later than February 1, 2008, and a final report no later

15  than February 1, 2009.

16         Section 2.  This act shall take effect upon becoming a

17  law.

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    Florida Senate - 2006                           CS for SB 1694
    586-2029-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1694

 3                                 

 4  Establishes a 3-year pilot for the community-based care lead
    agencies serving Miami-Dade, Monroe and Broward counties.
 5  
    Authorizes the transfer of current responsibilities of the
 6  Department of Children and Family Services for oversight of
    the specified lead agencies to independent entities under
 7  contract to the Department of Children and Family Services.

 8  Exempts the procurement of the independent oversight entities
    from the provisions of s. 287.057, F.S.
 9  
    Provides for funding for the lead agencies through a block
10  grant.

11  Directs the Department of Children and Family Services to
    develop an implementation plan with the Agency for Health Care
12  Administration to implement a local Medicaid mental health
    reform model that allows for the integration of services in
13  the current systems of care.

14  Requires that the annual evaluation of community based care
    lead agencies currently required by law include an evaluation
15  of the pilot program described in the bill comparing their
    performance and fiscal management to lead agencies not
16  included in the pilot program.

17  Requires a joint evaluation of the pilot program by the Office
    of Program Policy Analysis and Government Accountability and
18  the Office of the Auditor General, with an interim report due
    to the Legislature no later than February 1, 2008, and a final
19  report no later than February 1, 2009.

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