HB 1181

1	A bill to be entitled
2	An act relating to foster care and related services;
3	amending s. 409.1671, F.S.; providing for general
4	liability insurance coverage for community-based provider
5	staff under certain circumstances; removing requirements
6	that community-based provider staff obtain certain
7	liability insurance coverage; establishing a long-term
8	contracting and third-party oversight program; providing
9	for contracts for the transfer of certain responsibilities
10	from the Department of Children and Family Services to
11	participating community-based care lead agencies;
12	providing for funding the program from grants and federal
13	funds; requiring that annual financial statements
14	regarding the program be provided to the Governor, the
15	Legislature, the department, and local community-based
16	care alliances; requiring that fiscal, administrative, and
17	programmatic monitoring be conducted by third-party
18	entities; requiring the department to fund the cost of the
19	third-party monitoring; requiring such entities to submit
20	reports to the Governor, the Legislature, and local
21	community-based care alliances; defining the term
22	"parties"; requiring that the department, the lead
23	agencies implementing the program, and the Agency for
24	Health Care Administration develop a plan for integrating
25	certain Medicaid health services; directing the Office of
26	Program Policy Analysis and Government Accountability and
27	the Auditor General to evaluate the program annually and
28	provide a report to the Legislature; requiring certain
29	statutory provisions to be included in the contract;
30	requiring the contracts to be funded in fixed-price
31	installments; authorizing increased contract payments
32	under certain circumstances; requiring fiscal reporting;
33	providing for certain expenditures by lead agencies;
34	providing for a compliance supplement applicable to all
35	community-based care lead agencies; providing for first-
36	year expenditures for community resource development;
37	requiring a report; amending s. 409.175, F.S.;
38	transferring certain authority for establishing health
39	standards from the Department of Health to the Department
40	of Children and Family Services; repealing s. 2 of chapter
41	2006-30, Laws of Florida, relating to a pilot program in
42	Miami-Dade, Monroe, and Broward Counties; providing an
43	effective date.
44
45	Be It Enacted by the Legislature of the State of Florida:
46
47	Section 1.  Paragraphs (h) and (j) of subsection (1) of
48	section 409.1671, Florida Statutes, are amended, and subsections
49	(12) and (13) are added to that section, to read:
50	409.1671  Foster care and related services; outsourcing.--
51	(1)
52	(h)  Other than an entity to which s. 768.28 applies, any
53	eligible lead community-based provider, as defined in paragraph
54	(e), or its employees or officers, except as otherwise provided
55	in paragraph (i), must, as a part of its contract, obtain a
56	minimum of $1 million per claim/$3 million per incident in
57	general liability insurance coverage. That general liability
58	insurance coverage shall extend to and include bodily injury
59	liability coverage for the personal automobiles of the
60	provider's staff when used to transport the provider's client
61	children or families, including while en route to and returning
62	from transporting the provider's client children or families.
63	The eligible lead community-based provider must also require
64	that staff who transport client children and families in their
65	personal automobiles in order to carry out their job
66	responsibilities obtain minimum bodily injury liability
67	insurance in the amount of $100,000 per claim, $300,000 per
68	incident, on their personal automobiles. In any tort action
69	brought against such an eligible lead community-based provider
70	or employee, net economic damages shall be limited to $1 million
71	per liability claim and $100,000 per automobile claim,
72	including, but not limited to, past and future medical expenses,
73	wage loss, and loss of earning capacity, offset by any
74	collateral source payment paid or payable. In any tort action
75	brought against such an eligible lead community-based provider,
76	noneconomic damages shall be limited to $200,000 per claim. A
77	claims bill may be brought on behalf of a claimant pursuant to
78	s. 768.28 for any amount exceeding the limits specified in this
79	paragraph. Any offset of collateral source payments made as of
80	the date of the settlement or judgment shall be in accordance
81	with s. 768.76. The lead community-based provider shall not be
82	liable in tort for the acts or omissions of its subcontractors
83	or the officers, agents, or employees of its subcontractors.
84	(j)  Any subcontractor of an eligible lead community-based
85	provider, as defined in paragraph (e), that which is a direct
86	provider of foster care and related services to children and
87	families, and its employees or officers, except as otherwise
88	provided in paragraph (i), must, as a part of its contract,
89	obtain a minimum of $1 million per claim/$3 million per incident
90	in general liability insurance coverage. That general liability
91	insurance coverage shall extend to and include bodily injury
92	liability coverage for the personal automobiles of the
93	provider's staff when used to transport the provider's client
94	children or families, including while en route to and returning
95	from transporting the provider's client children or families.
96	The subcontractor of an eligible lead community-based provider
97	must also require that staff who transport client children and
98	families in their personal automobiles in order to carry out
99	their job responsibilities obtain minimum bodily injury
100	liability insurance in the amount of $100,000 per claim,
101	$300,000 per incident, on their personal automobiles. In any
102	tort action brought against such subcontractor or employee, net
103	economic damages shall be limited to $1 million per liability
104	claim and $100,000 per automobile claim, including, but not
105	limited to, past and future medical expenses, wage loss, and
106	loss of earning capacity, offset by any collateral source
107	payment paid or payable. In any tort action brought against such
108	subcontractor, noneconomic damages shall be limited to $200,000
109	per claim. A claims bill may be brought on behalf of a claimant
110	pursuant to s. 768.28 for any amount exceeding the limits
111	specified in this paragraph. Any offset of collateral source
112	payments made as of the date of the settlement or judgment shall
113	be in accordance with s. 768.76.
114	(12)  The long-term contracting and third-party oversight
115	program is established to allow for the transfer of the current
116	lead agency oversight responsibilities from the department to
117	independent nongovernmental third-party entities and for funding
118	the program through a grant that enhances funding flexibility.
119	The program shall expand the responsibilities and services
120	provided by participating lead agencies.
121	(a)  The department shall enter into contracts with
122	participating community-based care lead agencies established in
123	accordance with this section.
124	(b)  The lead agencies shall annually provide certified
125	audited financial statements to the Governor, the department,
126	the appropriations committees of the Legislature, and local
127	community-based care alliances.
128	(c)  Fiscal monitoring, administrative monitoring, and
129	programmatic monitoring shall be conducted by independent,
130	nongovernmental third-party entities under contract with the
131	department and shall be conducted in a manner jointly agreed to
132	by the lead agencies and the department. The department shall
133	fund the cost of contracting with these entities.
134	Notwithstanding any other provision to the contrary, the program
135	may not be implemented until the parties have agreed to the
136	selection of these entities and the manner in which they are to
137	carry out their responsibilities.
138	(d)  To compare the performance of the program's lead
139	agencies with that of other lead agencies, the performance of
140	the program's lead agencies shall be measured and monitored by
141	outcome measures contained in their contracts, including
142	outcomes designed to best determine the quality of performance
143	of the lead agencies and developed by the parties in conjunction
144	with the independent, nongovernmental third-party entities as
145	part of the agreement on programmatic monitoring. The
146	independent, nongovernmental third-party entities shall submit
147	their reports directly to the Governor, the President of the
148	Senate, the Speaker of the House of Representatives, and the
149	local community-based care alliances.
150	(e)  For purposes of this section, the term "parties" means
151	the lead agencies implementing the program and the department.
152	(f)  The department and the lead agencies implementing the
153	program shall develop an implementation plan with the Agency for
154	Health Care Administration regarding the pending Medicaid mental
155	health reform for the purpose of implementing a local model that
156	allows for the integration of behavioral health and physical
157	health with the local child welfare systems of care.
158	(g)  The annual evaluation required by paragraph (4)(a)
159	shall include an evaluation of the program by the Office of
160	Program Policy Analysis and Government Accountability and the
161	Auditor General that compares the performance and fiscal
162	management of the community-based care lead agencies
163	implementing the program to those that have not implemented the
164	program. The Office of Program Policy Analysis and Government
165	Accountability and the Auditor General shall jointly provide an
166	interim report to the President of the Senate and the Speaker of
167	the House of Representatives no later than February 1, 2008, and
168	a final report no later than February 1, 2009.
169	(h)  The provisions of this subsection shall be included in
170	contracts with the lead agencies in the program and may be
171	implemented with other community-based care lead agencies
172	established under this section. The contracts must be funded in
173	equal, fixed-price monthly installments. The first two
174	installments shall be paid in advance. The contracts shall be
175	funded by a grant of general revenue and by applicable federal
176	funding sources. The lead agencies are responsible for
177	documenting federal earnings, and federal earnings not
178	documented shall be returned to the department. Notwithstanding
179	subsection (8), the lead agencies' annual contract amounts may
180	be increased by excess federal earnings in accordance with s.
181	216.181(11). Monthly reporting requirements shall be limited to
182	only the reports required to support monthly federal expenditure
183	reporting and statutorily restricted state expenditures as
184	defined in the lead agencies' approved cost allocation plan. All
185	other required fiscal reporting shall be determined by the
186	independent fiscal monitors. Notwithstanding any other provision
187	of law, the following lead agency expenditures are permissible:
188	staff cellular telephone allowances; contracts requiring
189	deferred payments and maintenance agreements; security deposits
190	for office leases; related professional membership dues and
191	professional state license fees; food and refreshment;
192	promotional materials; and costs associated with fundraising
193	personnel either employed or contracted with by the lead agency.
194	(i)  The department, in consultation with the Department of
195	Financial Services, shall develop a compliance supplement for
196	the state financial assistance regarding flexibility of
197	allowable expenditures in accordance with s. 215.97, which shall
198	be applicable to all community-based care lead agencies.
199	(13)  Community-based care lead agencies shall have
200	authority to expend funds for community resource development
201	during the first year that they enter into a long-term contract
202	with the department pursuant to the provisions of this section
203	and except as prohibited by federal law. A community-based care
204	lead agency using state funds for community resource development
205	shall submit a report to the department describing the
206	expenditures and the purposes for which the funds were expended.
207	Section 2.  Paragraph (a) of subsection (5) of section
208	409.175, Florida Statutes, is amended to read:
209	409.175  Licensure of family foster homes, residential
210	child-caring agencies, and child-placing agencies; public
211	records exemption.--
212	(5)(a)  The department shall adopt and amend licensing
213	rules for family foster homes, residential child-caring
214	agencies, and child-placing agencies. The department may also
215	adopt rules relating to the screening requirements for summer
216	day camps and summer 24-hour camps. The requirements for
217	licensure and operation of family foster homes, residential
218	child-caring agencies, and child-placing agencies shall include:
219	1.  The operation, conduct, and maintenance of these homes
220	and agencies and the responsibility which they assume for
221	children served and the evidence of need for that service.
222	2.  The provision of food, clothing, educational
223	opportunities, services, equipment, and individual supplies to
224	assure the healthy physical, emotional, and mental development
225	of the children served.
226	3.  The appropriateness, safety, cleanliness, and general
227	adequacy of the premises, including fire prevention and health
228	standards, to provide for the physical comfort, care, and well-
229	being of the children served. Notwithstanding any other
230	provision of law, the department shall have exclusive
231	jurisdiction to adopt rules for health standards. The department
232	shall consult with the Department of Health on the adoption of
233	such rules.
234	4.  The ratio of staff to children required to provide
235	adequate care and supervision of the children served and, in the
236	case of foster homes, the maximum number of children in the
237	home.
238	5.  The good moral character based upon screening,
239	education, training, and experience requirements for personnel.
240	6.  The department may grant exemptions from
241	disqualification from working with children or the
242	developmentally disabled as provided in s. 435.07.
243	7.  The provision of preservice and inservice training for
244	all foster parents and agency staff.
245	8.  Satisfactory evidence of financial ability to provide
246	care for the children in compliance with licensing requirements.
247	9.  The maintenance by the agency of records pertaining to
248	admission, progress, health, and discharge of children served,
249	including written case plans and reports to the department.
250	10.  The provision for parental involvement to encourage
251	preservation and strengthening of a child's relationship with
252	the family.
253	11.  The transportation safety of children served.
254	12.  The provisions for safeguarding the cultural,
255	religious, and ethnic values of a child.
256	13.  Provisions to safeguard the legal rights of children
257	served.
258	Section 3.  Section 2 of chapter 2006-30, Laws of Florida,
259	is repealed.
260	Section 4.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.