| 1 | Representative(s) Barreiro offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove line 131 and insert: |
| 5 | Section 2. Effective upon this act becoming a law: |
| 6 | (1) A 3-year pilot program is established for the |
| 7 | community-based care lead agencies serving Miami-Dade, Monroe, |
| 8 | and Broward Counties. This pilot program shall allow for the |
| 9 | transfer of the current lead agency oversight responsibilities |
| 10 | of the Department of Children and Family Services to independent |
| 11 | agents and for funding the program through a grant that enhances |
| 12 | funding flexibility. The pilot program shall expand the |
| 13 | responsibilities and services provided by these lead agencies. |
| 14 | (2) The Department of Children and Family Services shall |
| 15 | enter into a 3-year contract with the designated community-based |
| 16 | care lead agency serving Miami-Dade and Monroe Counties and with |
| 17 | the designated community-based care lead agency serving Broward |
| 18 | County, which have been established in accordance with s. |
| 19 | 409.1671, Florida Statutes. The contracts must be fixed-payment |
| 20 | contracts funded in 36 equal monthly installments. The first 2 |
| 21 | months shall be paid in advance, and the contract must contain |
| 22 | the elements outlined in this section. The initial 2-month |
| 23 | advance payment is due July 10, 2006. The contracts shall be |
| 24 | funded by general revenue through a grant and by federal Title |
| 25 | IV-E funding and other federal funding sources. The amount of |
| 26 | federal Title IV-E funding allocated in each year of the 3-year |
| 27 | pilot program shall be equal to the amount earned by each of the |
| 28 | lead agencies during the 2005-2006 fiscal year. The state shall |
| 29 | be held harmless for any shortfall caused by the lead agencies' |
| 30 | inability to earn the allocated Title IV-E funding, and each |
| 31 | lead agency's contract shall be increased in accordance with any |
| 32 | federal overearnings. Funding in excess of the contracted |
| 33 | amounts for the lead agencies shall be available only in the |
| 34 | event of additional specific legislative appropriations for |
| 35 | services provided under s. 409.1671, Florida Statutes; an |
| 36 | increase in the population of children served that exceeds 3 |
| 37 | percent of the population of children served on June 15, 2005, |
| 38 | by either lead agency; or unforeseen catastrophic events as |
| 39 | determined by the Governor and funded by the Legislature. The |
| 40 | lead agencies shall annually provide certified audited financial |
| 41 | statements to the Governor, the Department of Children and |
| 42 | Family Services, and the appropriations committees of the |
| 43 | Legislature. All other required fiscal reporting shall be |
| 44 | determined by the independent fiscal monitors selected by the |
| 45 | parties. For purposes of this section, the term "parties" means |
| 46 | the two lead agencies implementing this pilot program and the |
| 47 | Department of Children and Family Services. In order to |
| 48 | facilitate and expedite the execution of this section, the |
| 49 | parties shall engage an independent arbitrator for purposes of |
| 50 | dispute resolution, including any disputes related to the form |
| 51 | and substance of the contract to execute the pilot program, with |
| 52 | an award of fees and costs to the prevailing party. The |
| 53 | arbitrator's role shall be limited to selecting which party's |
| 54 | position is more reasonable. |
| 55 | (3) Contract management, fiscal oversight, and |
| 56 | programmatic oversight shall be conducted by independent, |
| 57 | nongovernmental third-party entities under contract to the |
| 58 | department and shall be conducted in a manner jointly agreed to |
| 59 | by the lead agencies and the department. The cost of contracting |
| 60 | with these independent entities shall be funded by the |
| 61 | department. Notwithstanding any other provision to the contrary, |
| 62 | the pilot program may not be implemented until the parties have |
| 63 | agreed to the selection of these entities and the manner in |
| 64 | which they are to carry out their responsibilities. Such |
| 65 | agreement must be reached by the parties no later than July 1, |
| 66 | 2006. The selection of the entities for purposes of compliance |
| 67 | with this subsection shall be exempt from the provisions of s. |
| 68 | 287.057, Florida Statutes. Fiscal oversight shall be conducted |
| 69 | in a manner similar to the model used by the department during |
| 70 | the 2005-2006 fiscal year in Miami-Dade and Monroe Counties. In |
| 71 | order to be able to compare the performance of the pilot |
| 72 | program's lead agencies with that of other lead agencies, the |
| 73 | programmatic performance of the pilot program's lead agencies |
| 74 | shall be measured and monitored by outcome measures contained in |
| 75 | their contracts with the department that are in effect on the |
| 76 | effective date of this section. The independent entities shall |
| 77 | submit their reports directly to the Governor, the President of |
| 78 | the Senate, and the Speaker of the House of Representatives. |
| 79 | (4) The department and the lead agencies implementing the |
| 80 | pilot program shall develop an implementation plan with the |
| 81 | Agency for Health Care Administration regarding the pending |
| 82 | Medicaid mental health reform for the purpose of implementing a |
| 83 | local reform model that allows for the integration of services |
| 84 | in the current systems of care. |
| 85 | (5) The annual evaluation required by s. 409.1671(4)(a), |
| 86 | Florida Statutes, shall include an evaluation of the pilot |
| 87 | program described in this act that compares performance and |
| 88 | fiscal management of the community-based care lead agencies in |
| 89 | the pilot program to those that are not in the pilot program. In |
| 90 | addition, the Office of Program Policy Analysis and Government |
| 91 | Accountability and the Office of the Auditor General shall |
| 92 | jointly complete an evaluation of the pilot program and provide |
| 93 | an interim report to the President of the Senate and the Speaker |
| 94 | of the House of Representatives no later than February 1, 2008, |
| 95 | and a final report no later than February 1, 2009. |
| 96 | Section 3. Except as otherwise expressly provided in this |
| 97 | act, this act shall take effect July 1, 2006. |
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| 99 |
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| 100 | ======= T I T L E A M E N D M E N T ======= |
| 101 | Remove line 16 and insert: |
| 102 | establishing a 3-year pilot program in Miami-Dade, Monroe, and |
| 103 | Broward Counties; providing for the transfer of certain |
| 104 | responsibilities from the Department of Children and Family |
| 105 | Services to specified community-based care lead agencies; |
| 106 | providing for funding the pilot program from grants and federal |
| 107 | funds; requiring that the department enter into fixed-payment |
| 108 | contracts; requiring that annual financial statements regarding |
| 109 | the pilot program be provided to the Governor, the department, |
| 110 | and the Legislature; requiring that an independent arbitrator |
| 111 | resolve certain disputes related to contracts; requiring that |
| 112 | contract management and oversight be conducted by third-party |
| 113 | entities; providing an exemption from s. 287.057, F.S.; |
| 114 | requiring such entities to submit reports to the Governor and |
| 115 | the Legislature; requiring that the department, the lead |
| 116 | agencies implementing the pilot program, and the Agency for |
| 117 | Health Care Administration develop a plan for integrating |
| 118 | certain Medicaid mental health services; specifying that the |
| 119 | annual evaluation required in s. 409.1671, F.S., include an |
| 120 | evaluation of the pilot program; directing the Office of Program |
| 121 | Policy Analysis and Government Accountability and the Office of |
| 122 | the Auditor General to complete an evaluation of the pilot |
| 123 | program and to report to the Legislature; providing effective |
| 124 | dates. |