Florida Senate - 2009 CS for CS for SB 1666 By the Committees on Children, Families, and Elder Affairs; and Health and Human Services Appropriations; and Senator Peaden 586-05222-09 20091666c2 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, and Juvenile 5 Justice and the Agencies for Persons with Disabilities 6 and Health Care Administration to adopt certain 7 policies relating to the monitoring of provider 8 contracts and access to provider data; providing an 9 exception; amending s. 409.1671, F.S.; requiring the 10 Department of Children and Family Services to ensure 11 that contracts entered into with community-based care 12 lead agencies are funded by a grant of general revenue 13 and applicable other state and federal funding 14 sources; requiring community-based care lead agencies 15 to document federal earnings; specifying permissible 16 expenditures for community-based care lead agencies; 17 requiring the department to enter into certain 18 contracts with community-based care lead agencies; 19 providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 287.0576, Florida Statutes, is created 24 to read: 25 287.0576 Contracts for health and human services.—The 26 Department of Children and Family Services, the Department of 27 Health, the Agency for Persons with Disabilities, the Agency for 28 Health Care Administration, and the Department of Juvenile 29 Justice shall identify and implement changes that improve 30 efficiency in health and human services contract administration. 31 To assist with that goal, each agency shall adopt the following 32 policies: 33 (1) Limit administrative monitoring to once every 3 years 34 if the contracted provider is accredited by the Joint Commission 35 on the Accreditation of Healthcare Organizations, the Commission 36 on Accreditation of Rehabilitation Facilities or the Council on 37 Accreditation. By accepting the survey or inspection of an 38 accrediting organization, the department or agency does not 39 forfeit its right to monitor in order to ensure that services 40 for which the department or agency is paying are provided. The 41 department or agency may investigate complaints or suspected 42 problems and monitor the provider’s compliance with negotiated 43 terms and conditions, including provisions relating to consent 44 decrees, which are unique to a specific contract and are not 45 statements of general applicability. The department or agency 46 may also monitor compliance with federal and state laws, federal 47 regulations, or state rules if such monitoring does not 48 duplicate the accrediting organization’s review pursuant to 49 accreditation standards. Medicaid provider agreements are 50 excluded from the provisions of this subsection. 51 (2) Allow private-sector development and implementation of 52 a secure consolidated data warehouse and archive for maintaining 53 corporate, fiscal, and administrative records of child welfare 54 provider contracts. Providers must ensure that the data is up to 55 date and accessible to contracting state agencies and the 56 contracting providers. State agencies that contract with child 57 welfare providers must use the data warehouse for document 58 requests. If information is not current or is unavailable on the 59 provider’s website, the state agency may contact the provider 60 directly. At a minimum, the records must include: 61 (a) Articles of incorporation. 62 (b) Bylaws. 63 (c) Governing board and committee minutes. 64 (d) Financial audits. 65 (e) Expenditure reports. 66 (f) Compliance audits. 67 (g) Organizational charts. 68 (h) Staff resumes. 69 (i) Governing board membership information. 70 (j) Human resource policies and procedures. 71 Section 2. Subsections (12), (13), and (14) are added to 72 section 409.1671, Florida Statutes, to read: 73 409.1671 Foster care and related services; outsourcing.— 74 (12) The department shall ensure that a contract entered 75 into with each community-based care lead agency pursuant to this 76 section is funded by a grant of general revenue and by 77 applicable other state and federal funding sources. Each 78 community-based care lead agency is responsible for documenting 79 federal earnings, and federal earnings not documented shall be 80 returned to the department. Notwithstanding subsection (8), each 81 community-based care lead agency’s annual contract amount may be 82 increased by excess federal earnings in accordance with s. 83 216.181(11). 84 (13) Notwithstanding any other provision of law, the 85 following community-based care lead agency expenditures are 86 permissible: 87 (a) Cellular telephone allowances for staff; 88 (b) Contracts requiring deferred payments and maintenance 89 agreements; 90 (c) Security deposits for office leases; 91 (d) Related professional membership dues and professional 92 state license fees; and 93 (e) Promotional materials not used for fundraising. 94 (14) The department shall enter into a fixed-price contract 95 with each community-based care lead agency which provides for a 96 2-month advance payment at the beginning of the fiscal year 97 followed by equal monthly payments. 98 Section 3. This act shall take effect July 1, 2009.