Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. CS for SB 1666 Barcode 749934 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/15/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Children, Families, and Elder Affairs (Storms) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and 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 Agency for Persons with Disabilities, the Agency for 10 Health Care Administration, and the Department of Juvenile 11 Justice shall identify and implement changes that improve 12 efficiency in health and human services contract administration. 13 To assist with that goal, each agency shall adopt the following 14 policies: 15 (1) Limit administrative monitoring to once every 3 years 16 if the contracted provider is accredited by the Joint Commission 17 on the Accreditation of Healthcare Organizations, the Commission 18 on Accreditation of Rehabilitation Facilities or the Council on 19 Accreditation. By accepting the survey or inspection of an 20 accrediting organization, the department or agency does not 21 forfeit its right to monitor in order to ensure that services 22 for which the department or agency is paying are provided. The 23 department or agency may investigate complaints or suspected 24 problems and monitor the provider’s compliance with negotiated 25 terms and conditions, including provisions relating to consent 26 decrees, which are unique to a specific contract and are not 27 statements of general applicability. The department or agency 28 may also monitor compliance with federal and state laws, federal 29 regulations, or state rules if such monitoring does not 30 duplicate the accrediting organization’s review pursuant to 31 accreditation standards. Medicaid provider agreements are 32 excluded from the provisions of this subsection. 33 (2) Allow private-sector development and implementation of 34 a secure consolidated data warehouse and archive for maintaining 35 corporate, fiscal, and administrative records of child welfare 36 provider contracts. Providers must ensure that the data is up to 37 date and accessible to contracting state agencies and the 38 contracting providers. State agencies that contract with child 39 welfare providers must use the data warehouse for document 40 requests. If information is not current or is unavailable on the 41 provider’s website, the state agency may contact the provider 42 directly. At a minimum, the records must include: 43 (a) Articles of incorporation. 44 (b) Bylaws. 45 (c) Governing board and committee minutes. 46 (d) Financial audits. 47 (e) Expenditure reports. 48 (f) Compliance audits. 49 (g) Organizational charts. 50 (h) Staff resumes. 51 (i) Governing board membership information. 52 (j) Human resource policies and procedures. 53 Section 2. Subsections (12),(13) and (14)are added to 54 section 409.1671, Florida Statutes, to read: 55 409.1671 Foster care and related services; outsourcing.— 56 (12) The department shall ensure that a contract entered 57 into with each community-based care lead agency pursuant to this 58 section is funded by a grant of general revenue and by 59 applicable other state and federal funding sources. Each 60 community-based care lead agency is responsible for documenting 61 federal earnings, and federal earnings not documented shall be 62 returned to the department. Notwithstanding subsection (8), each 63 community-based care lead agency’s annual contract amount may be 64 increased by excess federal earnings in accordance with s. 65 216.181(11). 66 (13) Notwithstanding any other provision of law, the 67 following community-based care lead agency expenditures are 68 permissible: 69 (a) Cellular telephone allowances for staff; 70 (b) Contracts requiring deferred payments and maintenance 71 agreements; 72 (c) Security deposits for office leases; 73 (d) Related professional membership dues and professional 74 state license fees; and 75 (e) Promotional materials not used for fundraising. 76 (14) The department shall enter into a fixed-price contract 77 with each community-based care lead agency which provides for a 78 2-month advance payment at the beginning of the fiscal year 79 followed by equal monthly payments. 80 Section 3. This act shall take effect July 1, 2009. 81 82 ================= T I T L E A M E N D M E N T ================ 83 And the title is amended as follows: 84 Delete everything before the enacting clause 85 and insert: 86 A bill to be entitled 87 An act relating to health and human service contracts; 88 creating s. 287.0576, F.S.; requiring the Departments 89 of Children and Family Services, Health, and Juvenile 90 Justice and the Agencies for Persons with Disabilities 91 and Health Care Administration to adopt certain 92 policies relating to the monitoring of provider 93 contracts and access to provider data; providing an 94 exception; amending s. 409.1671, F.S.; requiring the 95 Department of Children and Family Services to ensure 96 that contracts entered into with community-based care 97 lead agencies are funded by a grant of general revenue 98 and applicable other state and federal funding 99 sources; requiring community-based care lead agencies 100 to document federal earnings; specifying permissible 101 expenditures for community-based care lead agencies; 102 requiring the department to enter into certain 103 contracts with community-based care lead agencies; 104 providing an effective date. 105