Florida Senate - 2009 CS for SB 1666 By the Committee on Health and Human Services Appropriations; and Senator Peaden 603-03994-09 20091666c1 1 A bill to be entitled 2 An act relating to health and human service contracts; 3 creating s. 287.0576, F.S.; requiring the Departments 4 of Children and Family Services, Health, Elderly 5 Affairs, and Juvenile Justice and the Agencies for 6 Persons with Disabilities and Health Care 7 Administration to adopt certain policies relating to 8 the monitoring of provider contracts, access to 9 provider data, and the imposition of new provider 10 requirements; amending s. 409.1671, F.S.; requiring 11 the Department of Children and Family Services to 12 ensure that contracts entered into with community 13 based agencies are funded by a grant of general 14 revenue and federal funding sources; requiring 15 community-based agencies to document federal earnings; 16 authorizing the department to contract for the 17 oversight of the community-based agencies; specifying 18 permissible expenditures; requiring the department to 19 enter into certain contracts with community-based 20 agencies; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 287.0576, Florida Statutes, is created 25 to read: 26 287.0576 Contracts for health and human services.—The 27 Department of Children and Family Services, the Department of 28 Health, the Department of Elderly Affairs, the Agency for 29 Persons with Disabilities, the Agency for Health Care 30 Administration, and the Department of Juvenile Justice shall 31 identify and implement changes that improve efficiency in health 32 and human services contract administration. To assist with that 33 goal, each agency shall adopt the following policies: 34 (1) Limit administrative and fiscal monitoring to once 35 every 3 years if the contracted provider is accredited by a 36 nationally recognized organization. By accepting the survey or 37 inspection of an accrediting organization, the department or 38 agency does not forfeit its right to monitor in order to ensure 39 that services for which the department or agency is paying are 40 provided. The department or agency may investigate complaints or 41 suspected problems and monitor the provider’s compliance with 42 negotiated terms and conditions, including provisions relating 43 to consent decrees, which are unique to a specific contract and 44 are not statements of general applicability. The department or 45 agency may also monitor compliance with federal and state laws, 46 federal regulations, or state rules if such monitoring does not 47 duplicate the accrediting organization’s review pursuant to 48 accreditation standards. 49 (2) Allow private-sector development and implementation of 50 a secure consolidated data warehouse and archive for maintaining 51 corporate, fiscal, and administrative records of child welfare 52 provider contracts. Providers must ensure that the data is up to 53 date and accessible to contracting state agencies and the 54 contracting providers. State agencies that contract with child 55 welfare providers must use the data warehouse for document 56 requests. If information is not current or is unavailable on the 57 provider’s website, the state agency may contact the provider 58 directly. At a minimum, the records must include: 59 (a) Articles of incorporation. 60 (b) Bylaws. 61 (c) Governing board and committee minutes. 62 (d) Financial audits. 63 (e) Expenditure reports. 64 (f) Compliance audits. 65 (g) Organizational charts. 66 (h) Staff resumes. 67 (i) Governing board membership information. 68 (j) Human resource policies and procedures. 69 (3) Not impose a new form, procedure, or mandate on a 70 health and human services contract provider without determining, 71 in conjunction with the provider, the fiscal and programmatic 72 effect of the new requirement. 73 Section 2. Subsections (12) and (13) are added to section 74 409.1671, Florida Statutes, to read: 75 409.1671 Foster care and related services; outsourcing.— 76 (12) The department shall ensure that a contract entered 77 into with each community-based agency pursuant to this section 78 is funded by a grant of general revenue and by applicable 79 federal funding sources. Each community-based agency is 80 responsible for documenting federal earnings, and federal 81 earnings not documented shall be returned to the department. 82 Notwithstanding subsection (8), each community-based agency’s 83 annual contract amount may be increased by excess federal 84 earnings in accordance with s. 216.181(11). The department may 85 contract for the programmatic, administration, or fiscal 86 oversight of each community-based agency. Notwithstanding any 87 other provision of law, the following community-based-agency 88 expenditures are permissible: 89 (a) Cellular telephone allowances for staff; 90 (b) Contracts requiring deferred payments and maintenance 91 agreements; 92 (c) Security deposits for office leases; 93 (d) Related professional membership dues and professional 94 state license fees; 95 (e) Food and refreshment; and 96 (f) Promotional materials. 97 (13) The department shall enter into a fixed-price contract 98 with each community-based agency which has a 2-month advance 99 payment at the beginning of the fiscal year followed by equal 100 monthly payments. 101 Section 3. This act shall take effect July 1, 2009.