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A bill to be entitled

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An act relating to government organization; amending s.

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20.197, F.S.; transferring the Agency for Persons with

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Disabilities from the Department of Children and Family

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Services to the Agency for Health Care Administration;

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providing an effective date.

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

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     Section 1.  Section 20.197, Florida Statutes, is amended to

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read:

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     20.197  Agency for Persons with Disabilities.--There is

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created the Agency for Persons with Disabilities, housed within

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the Agency for Health Care Administration Department of Children

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and Family Services for administrative purposes only. The agency

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shall be a separate budget entity not subject to control,

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supervision, or direction by the Agency for Health Care

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Administration Department of Children and Family Services in any

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manner, including, but not limited to, personnel, purchasing,

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transactions involving real or personal property, and budgetary

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matters.

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     (1)  The director of the agency shall be the agency head for

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all purposes and shall be appointed by the Governor, subject to

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confirmation by the Senate, and shall serve at the pleasure of

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the Governor. The director shall administer the affairs of the

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agency and may, within available resources, employ assistants,

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professional staff, and other employees as necessary to discharge

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the powers and duties of the agency.

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

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

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

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recommend establishing additional divisions, bureaus, sections,

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and subsections of the agency in order to promote efficient and

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effective operation of the agency.

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     (3)  The agency is responsible for providing all services

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provided to persons with developmental disabilities under chapter

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393, including the operation of all state institutional programs

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and the programmatic management of Medicaid waivers established

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to provide services to persons with developmental disabilities.

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     (4)  The agency shall engage in such other administrative

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activities as are deemed necessary to effectively and efficiently

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address the needs of the agency's clients.

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     (5)  The agency shall enter into an interagency agreement

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that delineates the responsibilities of the Agency for Health

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Care Administration for the following:

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     (a)  The terms and execution of contracts with Medicaid

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providers for the provision of services provided through

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Medicaid, including federally approved waiver programs.

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

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Medicaid services reimbursed by the agency.

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     (c)  The implementation of utilization management measures,

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including the prior authorization of services plans and the

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streamlining and consolidation of waiver services, to ensure the

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cost-effective provision of needed Medicaid services and to

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maximize the number of persons with access to such services.

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

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

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without which the client would require the services of an

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intermediate care facility for the developmentally disabled.

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     Section 2.  This act shall take effect July 1, 2008.