1 | A bill to be entitled |
2 | An act relating to foster care and related services; |
3 | amending s. 409.1671, F.S.; removing provisions requiring |
4 | the Department of Children and Family Services to develop |
5 | a statewide plan for outsourcing foster care and related |
6 | services; removing certain plan requirements; removing an |
7 | obsolete date; removing a requirement to issue certain |
8 | loans; requiring a community-based risk pool initiative |
9 | for certain purposes; providing for the components of the |
10 | initiative; establishing a risk pool peer review |
11 | committee; requiring a report to the secretary of the |
12 | department; authorizing expenditures from the risk pool |
13 | under certain circumstances; providing for uses of the |
14 | risk pool; removing certain provisions relating to the |
15 | sources of future funding; making conforming changes; |
16 | removing authority of the Florida Coalition for Children, |
17 | Inc., or its subcontractors to manage certain risk pool |
18 | funds; authorizing the department to issue an interest- |
19 | free loan to the Florida Coalition for Children, Inc., to |
20 | establish a self-insurance program based on certain |
21 | appropriations; providing terms for repayment of the loan; |
22 | establishing a 3-year pilot program in Miami-Dade, Monroe, |
23 | and Broward Counties; providing for the transfer of |
24 | certain responsibilities from the Department of Children |
25 | and Family Services to specified community-based care lead |
26 | agencies; requiring review of the proposed contract by the |
27 | Chief Financial Officer by a certain date; providing for |
28 | funding the pilot program from grants and federal funds; |
29 | requiring that annual financial statements regarding the |
30 | pilot program be provided to the Governor, the |
31 | Legislature, the department, and certain local community- |
32 | based care alliances; prohibiting the department from |
33 | using certain funds; requiring that fiscal, |
34 | administrative, and programmatic monitoring be conducted |
35 | by third-party entities; requiring the department to fund |
36 | the cost of the third-party monitoring; exempting the |
37 | selection of the third-party entities from the provisions |
38 | of s. 287.057, F.S., for a specified period of time; |
39 | requiring such entities to submit reports to the Governor, |
40 | the Legislature, and certain local community-based care |
41 | alliances; defining "parties"; requiring that the |
42 | department, the lead agencies implementing the pilot |
43 | program, and the Agency for Health Care Administration |
44 | develop a plan for integrating certain Medicaid health |
45 | services; specifying that the annual evaluation required |
46 | in s. 409.1671, F.S., include an evaluation of the pilot |
47 | program; directing the Office of Program Policy Analysis |
48 | and Government Accountability and the Office of the |
49 | Auditor General to complete an evaluation of the pilot |
50 | program and to report to the Legislature; providing for |
51 | certain provisions to be included in the contract; |
52 | requiring the department to enter into fixed-price |
53 | contracts; authorizing increased contract payments under |
54 | certain circumstances; requiring fiscal reporting and |
55 | reconciliation; providing for certain expenditures by lead |
56 | agencies; providing for a compliance supplement applicable |
57 | to all community-based lead agencies; requiring the |
58 | department to submit a plan by July 1, 2006, to the |
59 | Governor and Legislature for the efficient use of |
60 | resources; providing for distribution of savings resulting |
61 | from the plan; providing for future repeal; providing |
62 | effective dates. |
63 |
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64 | Be It Enacted by the Legislature of the State of Florida: |
65 |
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66 | Section 1. Subsection (7) of section 409.1671, Florida |
67 | Statutes, is amended to read: |
68 | 409.1671 Foster care and related services; outsourcing.-- |
69 | (7) The Florida Coalition for Children, Inc., in |
70 | consultation with the department, shall develop a plan based on |
71 | an independent actuarial study regarding the long-term use and |
72 | structure of a statewide community-based care risk pool for the |
73 | protection of eligible lead community-based providers, their |
74 | subcontractors, and providers of other social services who |
75 | contract directly with the department. The plan must also |
76 | outline strategies to maximize federal earnings as they relate |
77 | to the community-based care risk pool. At a minimum, the plan |
78 | must allow for the use of federal earnings received from child |
79 | welfare programs to be allocated to the community-based care |
80 | risk pool by the department, which earnings are determined by |
81 | the department to be in excess of the amount appropriated in the |
82 | General Appropriations Act. The plan must specify the necessary |
83 | steps to ensure the financial integrity and industry-standard |
84 | risk management practices of the community-based care risk pool |
85 | and the continued availability of funding from federal, state, |
86 | and local sources. The plan must also include recommendations |
87 | that permit the program to be available to entities of the |
88 | department providing child welfare services until full |
89 | conversion to community-based care takes place. The final plan |
90 | shall be submitted to the department and then to the Executive |
91 | Office of the Governor and the Legislative Budget Commission for |
92 | formal adoption before January 1, 2005. Upon approval of the |
93 | plan by all parties, the department shall issue an interest-free |
94 | loan that is secured by the cumulative contractual revenue of |
95 | the community-based care risk pool membership, and the amount of |
96 | the loan shall equal the amount appropriated by the Legislature |
97 | for this purpose. The plan shall provide for a governance |
98 | structure that assures the department the ability to oversee the |
99 | operation of the community-based care risk pool at least until |
100 | this loan is repaid in full. |
101 | (a) The department, in consultation with the Florida |
102 | Coalition for Children, Inc., shall develop and implement a |
103 | community-based care risk pool initiative to mitigate the |
104 | financial risk to eligible lead community-based providers. This |
105 | initiative shall include: |
106 | 1. A risk pool application and protocol developed by the |
107 | department that outline submission criteria, including, but not |
108 | limited to, financial and program management, descriptive data |
109 | requirements, and timeframes for submission of applications. |
110 | Requests for funding from risk pool applicants shall be based on |
111 | relevant and verifiable service trends and changes that have |
112 | occurred during the current fiscal year. The application shall |
113 | confirm that expenditure of approved risk pool funds by the lead |
114 | community-based provider shall be completed within the current |
115 | fiscal year. |
116 | 2. A risk pool peer review committee, appointed by the |
117 | secretary and consisting of department staff and representatives |
118 | from at least three nonapplicant community-based care providers, |
119 | that reviews and assesses all risk pool applications. Upon |
120 | completion of each application review, the peer review committee |
121 | shall report its findings and recommendations to the secretary |
122 | providing, at a minimum, the following information: |
123 | a. Justification for the specific funding amount required |
124 | by the risk pool applicant based on current year service trend |
125 | data, including validation that the applicant's financial need |
126 | was caused by circumstances beyond the control of the lead |
127 | agency management; |
128 | b. Verification that the proposed use of risk pool funds |
129 | meets at least one of the criteria in paragraph (c); and |
130 | c. Evidence of technical assistance provided in an effort |
131 | to avoid the need to access the risk pool and recommendations |
132 | for technical assistance to the lead agency to ensure that risk |
133 | pool funds are expended effectively and that the agency's need |
134 | for future risk pool funding is diminished. |
135 | (b) Upon approval by the secretary of a risk pool |
136 | application, the department may request funds from the risk pool |
137 | in accordance with s. 216.181(6)(a). |
138 | (c)(a) The purposes for which the community-based care |
139 | risk pool shall be used include, but are not limited to: |
140 | 1. Significant changes in the number or composition of |
141 | clients eligible to receive services. |
142 | 2. Significant changes in the services that are eligible |
143 | for reimbursement. |
144 | 3. Scheduled or unanticipated, but necessary, advances to |
145 | providers or other cash-flow issues. |
146 | 4. Proposals to participate in optional Medicaid services |
147 | or other federal grant opportunities. |
148 | 5. Appropriate incentive structures. |
149 | 3.6. Continuity of care in the event of failure, |
150 | discontinuance of service, or financial misconduct by a lead |
151 | agency. |
152 | 7. Payment for time-limited technical assistance and |
153 | consultation to lead agencies in the event of serious |
154 | performance or management problems. |
155 | 8. Payment for meeting all traditional and nontraditional |
156 | insurance needs of eligible members. |
157 | 4.9. Significant changes in the mix of available funds. |
158 | (d)(b) After approval of the plan in the 2004-2005 fiscal |
159 | year and annually thereafter, The department may also request in |
160 | its annual legislative budget request, and the Governor may |
161 | recommend, that the funding necessary to carry out paragraph (c) |
162 | (a) be appropriated to the department. Subsequent funding of the |
163 | community-based care risk pool shall be supported by premiums |
164 | assessed to members of the community-based care risk pool on a |
165 | recurring basis. The community-based care risk pool may invest |
166 | and retain interest earned on these funds. In addition, the |
167 | department may request the allocation of transfer funds from to |
168 | the community-based care risk pool in accordance with s. |
169 | 216.181(6)(a) as available in order to ensure an adequate |
170 | funding level if the fund is declared to be insolvent and |
171 | approval is granted by the Legislative Budget Commission. Such |
172 | payments for insolvency shall be made only after a determination |
173 | is made by the department or its actuary that all participants |
174 | in the community-based care risk pool are current in their |
175 | payments of premiums and that assessments have been made at an |
176 | actuarially sound level. Such payments by participants in the |
177 | community-based care risk pool may not exceed reasonable |
178 | industry standards, as determined by the actuary. Funds Money |
179 | from this pool fund may be used to match available federal |
180 | dollars. Dividends or other payments, with the exception of |
181 | legitimate claims, may not be paid to members of the community- |
182 | based care risk pool until the loan issued by the department is |
183 | repaid in full. Dividends or other payments, with the exception |
184 | of legitimate claims and other purposes contained in the |
185 | approved plan, may not be paid to members of the community-based |
186 | care risk pool unless, at the time of distribution, the |
187 | community-based care risk pool is deemed actuarially sound and |
188 | solvent. Solvency shall be determined by an independent actuary |
189 | contracted by the department. The plan shall be developed in |
190 | consultation with the Office of Insurance Regulation. |
191 | 1. Such funds shall constitute partial security for |
192 | contract performance by lead agencies and shall be used to |
193 | offset the need for a performance bond. Subject to the approval |
194 | of the plan, the community-based care risk pool shall be managed |
195 | by the Florida Coalition for Children, Inc., or the designated |
196 | contractors of the Florida Coalition for Children, Inc. |
197 | Nonmembers of the community-based care risk pool may continue to |
198 | contract with the department but must provide a letter of credit |
199 | equal to one-twelfth of the annual contract amount in lieu of |
200 | membership in the community-based care risk pool. |
201 | 2. The department may separately require a bond to |
202 | mitigate the financial consequences of potential acts of |
203 | malfeasance, misfeasance, or criminal violations by the |
204 | provider. |
205 | (e) The department may issue an interest-free loan to the |
206 | Florida Coalition for Children, Inc., for the purpose of |
207 | creating a self-insurance program pursuant to law. The loan |
208 | shall be secured by the cumulative contractual revenue of the |
209 | community-based care lead agencies participating in the self- |
210 | insurance program. The amount of the loan shall be in an amount |
211 | equal to the amount appropriated by the Legislature for this |
212 | purpose. The terms of the repayment of the loan shall be based |
213 | on the economic viability of the self-insurance program. |
214 | Section 2. Pilot project and financial issues.-- |
215 | (1) A 3-year pilot program is established for the |
216 | community-based care lead agencies serving Miami-Dade, Monroe, |
217 | and Broward Counties. This pilot program shall allow for the |
218 | transfer of the current lead agency oversight responsibilities |
219 | of the Department of Children and Family Services to independent |
220 | entities and for funding the program through a grant that |
221 | enhances funding flexibility. The pilot program shall expand the |
222 | responsibilities and services provided by these lead agencies. |
223 | (2) The Department of Children and Family Services shall |
224 | enter into a 3-year contract with the designated community-based |
225 | care lead agency serving Miami-Dade and Monroe Counties and with |
226 | the designated community-based care lead agency serving Broward |
227 | County, which have been established in accordance with s. |
228 | 409.1671, Florida Statutes. The department and the lead agencies |
229 | in this pilot program shall submit to the Chief Financial |
230 | Officer proposed contract language no later than June 1, 2006. |
231 | The Chief Financial Officer shall review the contracts for |
232 | sufficiency and respond to the parties no later than June 15, |
233 | 2006. This subsection shall take effect upon this act becoming a |
234 | law. |
235 | (3) The amount of federal Title IV-E funding allocated in |
236 | each year of the 3-year pilot program shall be equal to the |
237 | amount earned by each of the lead agencies and by the |
238 | department's district or zone community-based care activities |
239 | during the 2005-2006 fiscal year that is transitioned to the |
240 | lead agencies as part of this pilot program. The lead agencies |
241 | shall annually provide certified audited financial statements to |
242 | the Governor, the Department of Children and Family Services, |
243 | the appropriations committees of the Legislature, and the local |
244 | community-based care alliances of Broward, Miami-Dade, and |
245 | Monroe Counties. In implementing the pilot program, the |
246 | department shall not use funds appropriated or allocated to |
247 | community-based care lead agencies located outside of the pilot |
248 | program area. |
249 | (4) Fiscal monitoring, administrative monitoring, and |
250 | programmatic monitoring shall be conducted by independent, |
251 | nongovernmental third-party entities under contract with the |
252 | department and shall be conducted in a manner jointly agreed to |
253 | by the lead agencies and the department. The department shall |
254 | fund the cost of contracting with these entities. |
255 | Notwithstanding any other provision to the contrary, the pilot |
256 | program may not be implemented until the parties have agreed to |
257 | the selection of these entities and the manner in which they are |
258 | to carry out their responsibilities. Such agreement must be |
259 | reached by the parties no later than July 1, 2006. The selection |
260 | of the third-party entities under this subsection shall be |
261 | exempt from s. 287.057, Florida Statutes, from the effective |
262 | date of this subsection through June 30, 2007. Fiscal oversight |
263 | shall be conducted in a manner similar to the model used by the |
264 | department during the 2005-2006 fiscal year in Miami-Dade and |
265 | Monroe Counties. This subsection shall take effect upon this act |
266 | becoming a law. |
267 | (5) To compare the performance of the pilot program's lead |
268 | agencies with that of other lead agencies, the programmatic |
269 | performance of the pilot program's lead agencies shall be |
270 | measured and monitored by outcome measures contained in their |
271 | contracts with the department that are in effect on the |
272 | effective date of this section and other outcomes designed to |
273 | best determine the quality of performance of the lead agencies |
274 | and developed by the parties in conjunction with the |
275 | independent, nongovernmental third-party entities as part of the |
276 | agreement on programmatic monitoring. The independent entities |
277 | shall submit their reports directly to the Governor, the |
278 | President of the Senate, the Speaker of the House of |
279 | Representatives, and the community-based care alliances of |
280 | Broward, Miami-Dade, and Monroe Counties. |
281 | (6) For purposes of this section, the term "parties" means |
282 | the two lead agencies implementing this pilot program and the |
283 | Department of Children and Family Services. |
284 | (7) The department and the lead agencies implementing the |
285 | pilot program shall develop an implementation plan with the |
286 | Agency for Health Care Administration regarding the pending |
287 | Medicaid mental health reform for the purpose of implementing a |
288 | local model that allows for the integration of behavioral health |
289 | and physical health with the local child welfare systems of |
290 | care. |
291 | (8) The annual evaluation required by s. 409.1671(4)(a), |
292 | Florida Statutes, shall include an evaluation of the pilot |
293 | program described in this section that compares performance and |
294 | fiscal management of the community-based care lead agencies in |
295 | the pilot program to those that are not in the pilot program. In |
296 | addition, the Office of Program Policy Analysis and Government |
297 | Accountability and the Office of the Auditor General shall |
298 | jointly complete an evaluation of the pilot program and provide |
299 | an interim report to the President of the Senate and the Speaker |
300 | of the House of Representatives no later than February 1, 2008, |
301 | and a final report no later than February 1, 2009. |
302 | (9) The provisions of this subsection shall be included in |
303 | the contracts with the lead agencies in the pilot program and |
304 | may be implemented with other community-based care lead agencies |
305 | established under s. 409.1671, Florida Statutes. The contracts |
306 | must be fixed-price funded in 36 equal monthly installments. The |
307 | first 2 months shall be paid in advance on July 10, 2006. The |
308 | contracts shall be funded by a grant of general revenue and by |
309 | applicable federal funding sources. The lead agencies are |
310 | responsible for documenting federal earnings, and federal |
311 | earnings not documented shall be returned to the department. |
312 | Notwithstanding s. 409.1671(8), Florida Statutes, the lead |
313 | agencies' annual contract amounts may be increased by excess |
314 | federal earnings in accordance with s. 216.181(11), Florida |
315 | Statutes. Monthly reporting requirements shall be limited to |
316 | only the reports required to support monthly federal expenditure |
317 | reporting and statutorily restricted state expenditures as |
318 | defined in the lead agencies' approved cost allocation plan. |
319 | Quarterly reconciliation shall be required from the |
320 | participating lead agencies. All other required fiscal reporting |
321 | shall be determined by the independent fiscal monitors. |
322 | Notwithstanding any other provision of law, the following lead |
323 | agency expenditures are permissible: staff cellular telephone |
324 | allowances; contracts requiring deferred payments and |
325 | maintenance agreements; security deposits for office leases; |
326 | related professional membership dues and professional state |
327 | license fees; food and refreshment; promotional materials; and |
328 | costs associated with fundraising personnel either employed or |
329 | contracted with by the lead agency. |
330 | (10) The department, in consultation with the Department |
331 | of Financial Services, shall develop a compliance supplement for |
332 | the state financial assistance regarding flexibility of |
333 | allowable expenditures in accordance with s. 215.97, Florida |
334 | Statutes, which shall be applicable to all community-based lead |
335 | agencies. |
336 | (11) The department shall submit a plan to the Executive |
337 | Office of the Governor, the chair of the Senate Ways and Means |
338 | Committee, and the chair of the House of Representatives Fiscal |
339 | Council describing the most efficient use of resources relating |
340 | to community-based care in the district administration and the |
341 | program management and compliance budget entities. Any cost |
342 | savings achieved as a result of this plan shall be distributed |
343 | to the lead agencies by a methodology described in the plan. The |
344 | department's plan shall be submitted no later than July 1, 2006. |
345 | This subsection shall take effect upon this act becoming a law. |
346 | (12) This section is repealed July 1, 2009. |
347 | Section 3. Except as otherwise expressly provided in this |
348 | act and except for this section, which shall take effect upon |
349 | this act becoming a law, this act shall take effect July 1, |
350 | 2006. |