Florida Senate - 2010                                    SB 2228
       By Senator Haridopolos
       26-00857-10                                           20102228__
    1                        A bill to be entitled                      
    2         An act relating to child welfare contracts; limiting
    3         state agency contract monitoring to once every 3 years
    4         if the contracted provider is subject to accreditation
    5         surveys by specified accreditation organizations;
    6         providing exceptions; allowing the establishment of an
    7         Internet-based data warehouse to maintain the records
    8         of contract providers; requiring state agencies to use
    9         the warehouse for document requests; specifying the
   10         information that such records must include; amending
   11         s. 402.7305, F.S.; limiting the Department of Children
   12         and Family Services to one contract monitoring of a
   13         child-caring or child-placing contract provider per
   14         year; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Contracts for child welfare services.—The
   19  Department of Children and Family Services, the Department of
   20  Health, the Department of Juvenile Justice, the Agency for
   21  Persons with Disabilities, the Agency for Health Care
   22  Administration, and the community-based care lead agencies shall
   23  identify and implement changes that improve efficiency in
   24  contract administration for child welfare services. To assist
   25  with that goal, each agency shall adopt the following policies:
   26         (1) Limit administrative monitoring to once every 3 years
   27  if the contracted provider is accredited by the Joint Commission
   28  on the Accreditation of Healthcare Organizations, the Commission
   29  on Accreditation of Rehabilitation Facilities, or the Council on
   30  Accreditation. Notwithstanding the survey or inspection of an
   31  accrediting organization, the department or agency may continue
   32  to monitor the provider as necessary with respect to:
   33         (a) Ensuring that services for which the agency is paying
   34  are being provided.
   35         (b) Investigating complaints or suspected problems and
   36  monitoring the provider’s compliance with any resulting
   37  negotiated terms and conditions, including provisions relating
   38  to consent decrees that are unique to a specific contract and
   39  are not statements of general applicability.
   40         (c) Ensuring compliance with federal and state laws,
   41  federal regulations, or state rules if such monitoring does not
   42  duplicate the accrediting organization’s review pursuant to
   43  accreditation standards.
   44         (2) Allow private-sector development and implementation of
   45  an Internet-based, secure, and consolidated data warehouse and
   46  archive for maintaining corporate, fiscal, and administrative
   47  records of child welfare provider contracts. Providers must
   48  ensure that the data is up to date and accessible to the
   49  contracting state agency and the contracting provider. State
   50  agencies that contract with child welfare providers must use the
   51  data warehouse for document requests. If information is not
   52  current or is unavailable from the provider’s data warehouse and
   53  archive, the state agency may contact the provider directly. At
   54  a minimum, the records must include the provider’s:
   55         (a) Articles of incorporation.
   56         (b) Bylaws.
   57         (c) Governing board and committee minutes.
   58         (d) Financial audits.
   59         (e) Expenditure reports.
   60         (f) Compliance audits.
   61         (g) Organizational charts.
   62         (h) Governing board membership information.
   63         (i) Human resource policies and procedures.
   64         Section 2. Subsection (4) of section 402.7305, Florida
   65  Statutes, is amended to read:
   66         402.7305 Department of Children and Family Services;
   67  procurement of contractual services; contract management.—
   69  department shall establish contract monitoring units staffed by
   70  career service employees who report to a member of the Selected
   71  Exempt Service or Senior Management Service and who have been
   72  properly trained to perform contract monitoring., with At least
   73  one member of the contract monitoring unit must possess
   74  possessing specific knowledge and experience in the contract’s
   75  program area. The department shall establish a contract
   76  monitoring process that includes must include, but need not be
   77  limited to, the following requirements:
   78         (a) Performing a risk assessment at the start of each
   79  fiscal year and preparing an annual contract monitoring schedule
   80  that considers includes consideration for the level of risk
   81  assigned. The department may monitor any contract at any time
   82  regardless of whether such monitoring was originally included in
   83  the annual contract monitoring schedule.
   84         (b) Preparing a contract monitoring plan, including
   85  sampling procedures, before performing onsite monitoring at
   86  external locations of a service provider. The plan must include
   87  a description of the programmatic, fiscal, and administrative
   88  components that will be monitored on site. If appropriate,
   89  clinical and therapeutic components may be included.
   90         (c) Conducting analyses of the performance and compliance
   91  of an external service provider by means of desk reviews if the
   92  external service provider will not be monitored on site during a
   93  fiscal year.
   94         (d) Unless the department sets forth in writing the need
   95  for an extension, providing a written report presenting the
   96  results of the monitoring within 30 days after the completion of
   97  the onsite monitoring or desk review.
   98         (e) Developing and maintaining a set of procedures
   99  describing the contract monitoring process.
  101  Notwithstanding any other provision of the section, the
  102  department shall limit contract monitoring of a child-caring or
  103  child-placing services provider to only once per year. Such
  104  monitoring may not duplicate administrative monitoring that is
  105  included in the survey of a contract provider conducted by a
  106  national accreditation organization.
  107         Section 3. This act shall take effect July 1, 2010.