Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. PCS (828346) for SB 1666
       
       
       
       
       
       
                                Barcode 404034                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2009           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Health and Human Services Appropriations
       (Haridopolos) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 19 and 20
    4  insert:
    5         Section 1. Section 287.0576, Florida Statutes, is created
    6  to read:
    7         287.0576 Contracts for health and human services.—The
    8  Department of Children and Family Services, the Department of
    9  Health, the Department of Elderly Affairs, the Agency for
   10  Persons with Disabilities, the Agency for Health Care
   11  Administration, and the Department of Juvenile Justice shall
   12  identify and implement changes that improve efficiency in health
   13  and human services contract administration. To assist with that
   14  goal, each agency shall adopt the following policies:
   15         (1) Limit administrative and fiscal monitoring to once
   16  every 3 years if the contracted provider is accredited by a
   17  nationally recognized organization. By accepting the survey or
   18  inspection of an accrediting organization, the department or
   19  agency does not forfeit its right to monitor in order to ensure
   20  that services for which the department or agency is paying are
   21  provided. The department or agency may investigate complaints or
   22  suspected problems and monitor the provider’s compliance with
   23  negotiated terms and conditions, including provisions relating
   24  to consent decrees, which are unique to a specific contract and
   25  are not statements of general applicability. The department or
   26  agency may also monitor compliance with federal and state laws,
   27  federal regulations, or state rules if such monitoring does not
   28  duplicate the accrediting organization’s review pursuant to
   29  accreditation standards.
   30         (2) Allow private-sector development and implementation of
   31  a secure consolidated data warehouse and archive for maintaining
   32  corporate, fiscal, and administrative records of child welfare
   33  provider contracts. Providers must ensure that the data is up to
   34  date and accessible to contracting state agencies and the
   35  contracting providers. State agencies that contract with child
   36  welfare providers must use the data warehouse for document
   37  requests. If information is not current or is unavailable on the
   38  provider’s website, the state agency may contact the provider
   39  directly. At a minimum, the records must include:
   40         (a) Articles of Incorporation.
   41         (b) Bylaws.
   42         (c) Governing board and committee minutes.
   43         (d) Financial audits.
   44         (e) Expenditure reports.
   45         (f) Compliance audits.
   46         (g) Organizational charts.
   47         (h) Staff resumes.
   48         (i) Governing board membership information.
   49         (j) Human resource policies and procedures.
   50         (3) Not impose a new form, procedure, or mandate on a
   51  health and human services contract provider without determining,
   52  in conjunction with the provider, the fiscal and programmatic
   53  effect of the new requirement.
   54  
   55  ================= T I T L E  A M E N D M E N T ================
   56         And the title is amended as follows:
   57         Delete line 2
   58  and insert:
   59         An act relating to health and human service contracts;
   60         creating s. 287.0576, F.S.; requiring the Departments
   61         of Children and Family Services, Health, Elderly
   62         Affairs, and Juvenile Justice and the Agencies for
   63         Persons with Disabilities and Health Care
   64         Administration to adopt certain policies relating to
   65         the monitoring of provider contracts, access to
   66         provider data, and the imposition of new provider
   67         requirements; amending