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; requiring the Department of Elderly
13Affairs to create a dispute resolution mechanism by rule;
14providing requirements with respect to the dispute
15resolution mechanism; specifying required standards for a
16bid protest; providing for specified entitlement of
17litigants when certain lead agency designations are the
18subject matter of litigation; eliminating provisions that
19require an area agency on aging to exempt specified
20providers from the competitive bid process; amending s.
21430.2053, F.S.; conforming a cross-reference; providing an
22effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Subsections (6), (7), (8), and (9) of section
2720.41, Florida Statutes, are amended to read:
28     20.41  Department of Elderly Affairs.--There is created a
29Department of Elderly Affairs.
30     (6)  In accordance with the federal Older Americans Act of
311965, as amended, the department shall designate and contract
32with area agencies on aging in each of the department's planning
33and service areas. Area agencies on aging, as nongovernmental,
34independent, not-for-profit corporations under s. 501(c)(3) of
35the Internal Revenue Code, shall ensure a coordinated and
36integrated provision of long-term care services to the elderly
37and shall ensure the provision of prevention and early
38intervention services. The department shall have overall
39responsibility for information system planning. The department
40shall ensure, through the development of equipment, software,
41data, and connectivity standards, the ability to share and
42integrate information collected and reported by the area
43agencies in support of their contracted obligations to the
44state. The department shall contract with area agencies on aging
45to fulfill programmatic and funding requirements.
46     (7)  The department shall contract with the governing body,
47hereafter referred to as the "board," of an area agency on aging
48to fulfill programmatic and funding requirements. The board
49shall be responsible for the overall direction of the agency's
50programs and services and shall ensure that the agency is
51administered in accordance with the terms of its contract with
52the department, legal requirements, established agency policy,
53and effective management principles. The board shall also ensure
54the accountability of the agency to the local communities
55included in the planning and service area of the agency.
56     (7)(8)  The area agency on aging board shall, in
57consultation with the secretary, appoint a chief executive
58officer, hereafter referred to as the "executive director," to
59whom shall be delegated responsibility for agency management and
60for implementation of board policy, and who shall be accountable
61for the agency's performance.
62     (8)(9)  Area agencies on aging are subject to chapter 119,
63relating to public records, and, when considering any contracts
64requiring the expenditure of funds, are subject to ss. 286.011-
65286.012, relating to public meetings.
66     Section 2.  Subsection (9) of section 430.203, Florida
67Statutes, is amended to read:
68     430.203  Community care for the elderly; definitions.--As
69used in ss. 430.201-430.207, the term:
70     (9)  "Lead agency" means an agency designated at least once
71every 6 3 years by an area agency on aging as the result of a
72competitive procurement conducted through a request for proposal
73process to be in place no later than the state fiscal year 1996-
741997.
75     (a)  The guidelines for the request for proposal must be
76developed by the department in consultation with the area agency
77agencies on aging and. Such guidelines must include requirements
78for the assurance of quality and cost-efficiency of services,
79minimum personnel standards, and employee benefits. The
80department shall adopt a rule creating a dispute resolution
81mechanism. The rule, which shall be adopted no later than August
821, 2009, and which all area agencies on aging shall be required
83to follow, shall create standards for a bid protest and a
84procedure for resolution. The dispute resolution mechanism
85established in the rule shall include a provision for a
86qualified, impartial decisionmaker who shall conduct a hearing
87to determine whether the area agency's proposed action is
88contrary to the area agency's governing statutes or rules or to
89the solicitation specifications. The standard of proof for the
90protestor shall be whether the area agency's action was clearly
91erroneous, contrary to competition, arbitrary, or capricious.
92The dispute resolution mechanism shall also provide a mechanism
93for review of the decisionmaker's determination by a qualified
94and impartial reviewer, if review is requested. The standards
95for the bid protest shall include:
96     1.  A provision requiring notice of an area agency's
97proposed contract award and a clear point of entry for any
98substantially affected entity to challenge the proposed award.
99     2.  A provision for an automatic stay of the contract award
100process upon the filing of a bid protest that shall not be
101lifted until the protest is resolved.
102     3.  Provisions permitting all substantially affected
103entities to have an opportunity to participate in the hearing,
104to conduct discovery, to obtain subpoenas compelling the
105appearance of witnesses, to present evidence and argument on all
106issues involved, to conduct cross-examination, to submit
107rebuttal evidence, and to submit proposed findings of fact and
108conclusions of law.
109     4.  Provisions for expeditious resolution of the bid
110protest, including a requirement that once the area agency on
111aging refers a bid protest petition to the decisionmaker, a
112hearing shall be conducted within 30 days, unless that timeframe
113is waived by all parties.
114     (b)  For any lead agency designation conducted prior to the
115effective date of this subsection that is the subject matter of
116litigation on the date on which this subsection becomes law, the
117litigants shall be entitled to proceed with discovery under the
118Florida Rules of Civil Procedure immediately upon the date on
119which this subsection becomes law, and the litigants shall
120further be entitled to participate in the bid protest procedures
121enacted by rule pursuant to this subsection. The area agency on
122aging, in consultation with the department, shall exempt from
123the competitive bid process any contract with a provider who
124meets or exceeds established minimum standards, as determined by
125the department.
126     (c)  In each community care service system the lead agency
127must be given the authority and responsibility to coordinate
128some or all of the services, either directly or through
129subcontracts, for functionally impaired elderly persons. These
130services must include case management, homemaker and chore
131services, respite care, adult day care, personal care services,
132home-delivered meals, counseling, information and referral, and
133emergency home repair services. The lead agency must compile
134community care statistics and monitor, when applicable,
135subcontracts with agencies providing core services.
136     Section 3.  Subsection (7) of section 430.2053, Florida
137Statutes, is amended to read:
138     430.2053  Aging resource centers.--
139     (7)  The aging resource center shall have a governing body
140which shall be the same entity described in s. 20.41(7), and an
141executive director who may be the same person as described in s.
14220.41(7)(8). The governing body shall annually evaluate the
143performance of the executive director.
144     Section 4.  This act shall take effect upon becoming a law.


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