Senate Bill sb1186

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    Florida Senate - 2007                                  SB 1186

    By Senator Lynn





    7-1006-07

  1                      A bill to be entitled

  2         An act relating to government organization;

  3         amending s. 20.197, F.S.; transferring the

  4         Agency for Persons with Disabilities from the

  5         Department of Children and Family Services to

  6         the Agency for Health Care Administration;

  7         providing an effective date.

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

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11         Section 1.  Section 20.197, Florida Statutes, is

12  amended to read:

13         20.197  Agency for Persons with Disabilities.--There is

14  created the Agency for Persons with Disabilities, housed

15  within the Agency for Health Care Administration Department of

16  Children and Family Services for administrative purposes only.

17  The agency shall be a separate budget entity not subject to

18  control, supervision, or direction by the Agency for Health

19  Care Administration Department of Children and Family Services

20  in any manner, including, but not limited to, personnel,

21  purchasing, transactions involving real or personal property,

22  and budgetary matters.

23         (1)  The director of the agency shall be the agency

24  head for all purposes and shall be appointed by the Governor,

25  subject to confirmation by the Senate, and shall serve at the

26  pleasure of the Governor. The director shall administer the

27  affairs of the agency and may, within available resources,

28  employ assistants, professional staff, and other employees as

29  necessary to discharge the powers and duties of the agency.

30         (2)  The agency shall include a Division of Budget and

31  Planning and a Division of Operations. In addition, and in

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    Florida Senate - 2007                                  SB 1186
    7-1006-07




 1  accordance with s. 20.04, the director of the agency may

 2  recommend establishing additional divisions, bureaus,

 3  sections, and subsections of the agency in order to promote

 4  efficient and effective operation of the agency.

 5         (3)  The agency is responsible for providing all

 6  services provided to persons with developmental disabilities

 7  under chapter 393, including the operation of all state

 8  institutional programs and the programmatic management of

 9  Medicaid waivers established to provide services to persons

10  with developmental disabilities.

11         (4)  The agency shall engage in such other

12  administrative activities as are deemed necessary to

13  effectively and efficiently address the needs of the agency's

14  clients.

15         (5)  The agency shall enter into an interagency

16  agreement that delineates the responsibilities of the Agency

17  for Health Care Administration for the following:

18         (a)  The terms and execution of contracts with Medicaid

19  providers for the provision of services provided through

20  Medicaid, including federally approved waiver programs.

21         (b)  The billing, payment, and reconciliation of claims

22  for Medicaid services reimbursed by the agency.

23         (c)  The implementation of utilization management

24  measures, including the prior authorization of services plans

25  and the streamlining and consolidation of waiver services, to

26  ensure the cost-effective provision of needed Medicaid

27  services and to maximize the number of persons with access to

28  such services.

29         (d)  A system of approving each client's plan of care

30  to ensure that the services on the plan of care are those that

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    Florida Senate - 2007                                  SB 1186
    7-1006-07




 1  without which the client would require the services of an

 2  intermediate care facility for the developmentally disabled.

 3         Section 2.  This act shall take effect July 1, 2007.

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 6                          SENATE SUMMARY

 7    Transfers the Agency for Persons with Disabilities from
      the Department of Children and Family Services to the
 8    Agency for Health Care Administration.

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