CS/CS/CS/HB 935

1
A bill to be entitled
2An act relating to area agencies on aging; amending s.
320.41, F.S.; requiring the Department of Elderly Affairs
4to contract with area agencies on aging to fulfill
5programmatic and funding requirements; revising
6responsibilities of the governing body of an area agency
7on aging and the executive director of the agency;
8amending s. 430.203, F.S.; revising the definition of
9"lead agency"; removing obsolete language; revising
10requirements with respect to the request for proposal
11process for the designation of a lead agency for community
12care for the elderly; providing competitive procurement
13procedure with respect to specified contested designation
14of a lead agency; requiring the Department of Elderly
15Affairs to create a dispute resolution mechanism by rule;
16providing requirements with respect to the dispute
17resolution mechanism; specifying required standards for a
18bid protest; eliminating provisions that require an area
19agency on aging to exempt specified providers from the
20competitive bid process; amending s. 430.2053, F.S.;
21conforming a cross-reference; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Subsections (6), (7), (8), and (9) of section
2620.41, Florida Statutes, are amended to read:
27     20.41  Department of Elderly Affairs.--There is created a
28Department of Elderly Affairs.
29     (6)  In accordance with the federal Older Americans Act of
301965, as amended, the department shall designate and contract
31with area agencies on aging in each of the department's planning
32and service areas. Area agencies on aging, as nongovernmental,
33independent, not-for-profit corporations under s. 501(c)(3) of
34the Internal Revenue Code, shall ensure a coordinated and
35integrated provision of long-term care services to the elderly
36and shall ensure the provision of prevention and early
37intervention services. The department shall have overall
38responsibility for information system planning. The department
39shall ensure, through the development of equipment, software,
40data, and connectivity standards, the ability to share and
41integrate information collected and reported by the area
42agencies in support of their contracted obligations to the
43state. The department shall contract with area agencies on aging
44to fulfill programmatic and funding requirements.
45     (7)  The department shall contract with the governing body,
46hereafter referred to as the "board," of an area agency on aging
47to fulfill programmatic and funding requirements. The board
48shall be responsible for the overall direction of the agency's
49programs and services and shall ensure that the agency is
50administered in accordance with the terms of its contract with
51the department, legal requirements, established agency policy,
52and effective management principles. The board shall also ensure
53the accountability of the agency to the local communities
54included in the planning and service area of the agency.
55     (7)(8)  The area agency on aging board shall, in
56consultation with the secretary, appoint a chief executive
57officer, hereafter referred to as the "executive director," to
58whom shall be delegated responsibility for agency management and
59for implementation of board policy, and who shall be accountable
60for the agency's performance.
61     (8)(9)  Area agencies on aging are subject to chapter 119,
62relating to public records, and, when considering any contracts
63requiring the expenditure of funds, are subject to ss. 286.011-
64286.012, relating to public meetings.
65     Section 2.  Subsection (9) of section 430.203, Florida
66Statutes, is amended to read:
67     430.203  Community care for the elderly; definitions.--As
68used in ss. 430.201-430.207, the term:
69     (9)  "Lead agency" means an agency designated at least once
70every 6 3 years by an area agency on aging as the result of a
71competitive procurement conducted through a request for proposal
72process to be in place no later than the state fiscal year 1996-
731997. Any area agency on aging that is in litigation over a
74prior designation of a lead agency on the effective date of this
75act shall conduct this competitive procurement no later than
76December 31, 2009, to ensure that all lead agencies have been
77fairly selected before the maximum 6-year procurement cycle
78begins.
79     (a)  The guidelines for the request for proposal must be
80developed by the department in consultation with the area agency
81agencies on aging and. Such guidelines must include requirements
82for the assurance of quality and cost-efficiency of services,
83minimum personnel standards, and employee benefits. The
84department shall adopt a rule creating a dispute resolution
85mechanism. The rule, which shall be adopted no later than August
861, 2009, and which all area agencies on aging shall be required
87to follow, shall create standards for a bid protest and a
88procedure for resolution. The dispute resolution mechanism
89established in the rule shall include a provision for a
90qualified, impartial decisionmaker who shall conduct a hearing
91to determine whether the area agency's proposed action is
92contrary to the area agency's governing statutes or rules or to
93the solicitation specifications. The standard of proof for the
94protestor shall be whether the area agency's action was clearly
95erroneous, contrary to competition, arbitrary, or capricious.
96The dispute resolution mechanism shall also provide a mechanism
97for review of the decisionmaker's determination by a qualified
98and impartial reviewer, if review is requested. The standards
99for the bid protest shall include:
100     1.  A provision requiring notice of an area agency's
101proposed contract award and a clear point of entry for any
102substantially affected entity to challenge the proposed award.
103     2.  A provision for an automatic stay of the contract award
104process upon the filing of a bid protest that shall not be
105lifted until the protest is resolved.
106     3.  Provisions permitting all substantially affected
107entities to have an opportunity to participate in the hearing,
108to conduct discovery, to obtain subpoenas compelling the
109appearance of witnesses, to present evidence and argument on all
110issues involved, to conduct cross-examination, to submit
111rebuttal evidence, and to submit proposed findings of fact and
112conclusions of law.
113     4.  Provisions for expeditious resolution of the bid
114protest, including a requirement that once the area agency on
115aging refers a bid protest petition to the decisionmaker, a
116hearing shall be conducted within 30 days, unless that timeframe
117is waived by all parties.
118     (b)  The area agency on aging, in consultation with the
119department, shall exempt from the competitive bid process any
120contract with a provider who meets or exceeds established
121minimum standards, as determined by the department.
122     (b)(c)  In each community care service system the lead
123agency must be given the authority and responsibility to
124coordinate some or all of the services, either directly or
125through subcontracts, for functionally impaired elderly persons.
126These services must include case management, homemaker and chore
127services, respite care, adult day care, personal care services,
128home-delivered meals, counseling, information and referral, and
129emergency home repair services. The lead agency must compile
130community care statistics and monitor, when applicable,
131subcontracts with agencies providing core services.
132     Section 3.  Subsection (7) of section 430.2053, Florida
133Statutes, is amended to read:
134     430.2053  Aging resource centers.--
135     (7)  The aging resource center shall have a governing body
136which shall be the same entity described in s. 20.41(7), and an
137executive director who may be the same person as described in s.
13820.41(7)(8). The governing body shall annually evaluate the
139performance of the executive director.
140     Section 4.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.