| 1 | A bill to be entitled |
| 2 | An act relating to the creation of the Department of |
| 3 | Health and Human Services; amending s. 20.04, F.S.; |
| 4 | authorizing the department to establish regions headed by |
| 5 | deputy secretaries; conforming terminology; creating s. |
| 6 | 20.601, F.S.; creating the Department of Health and Human |
| 7 | Services; providing for mission and purpose; providing for |
| 8 | appointment of a Secretary of Health and Human Services by |
| 9 | the Governor; providing duties of the secretary; |
| 10 | authorizing the secretary to appoint regional deputy |
| 11 | secretaries; establishing regions for the administration |
| 12 | of program services; establishing program divisions within |
| 13 | each region; requiring the department to consult with |
| 14 | counties regarding mandated programs; providing guidelines |
| 15 | for procurement of health services; creating s. 20.602, |
| 16 | F.S.; establishing the Central Office of Investigative |
| 17 | Services; providing duties; establishing the Office of |
| 18 | Inspector General in the Central Office of Investigative |
| 19 | Services; requiring each region to have a separate |
| 20 | investigative office; amending s. 1001.706, F.S.; |
| 21 | directing the Board of Governors to establish regional |
| 22 | policy development and research exchange centers at |
| 23 | specified state universities for certain purposes; |
| 24 | repealing s. 20.19, F.S., relating to the Department of |
| 25 | Children and Family Services; repealing s. 20.195, F.S., |
| 26 | relating to Department of Children and Family Services |
| 27 | trust funds; repealing s. 20.197, F.S., relating to the |
| 28 | Agency for Persons with Disabilities; repealing s. |
| 29 | 20.1971, F.S., relating to the Agency for Persons with |
| 30 | Disabilities trust funds; repealing s. 20.42, F.S., |
| 31 | relating to the Agency for Health Care Administration; |
| 32 | repealing s. 20.425, F.S., relating to Agency for Health |
| 33 | Care Administration trust funds; repealing s. 20.43, F.S., |
| 34 | relating to the Department of Health; repealing s. 20.435, |
| 35 | F.S., relating to Department of Health trust funds; |
| 36 | providing a directive to the Division of Statutory |
| 37 | Revision to change the name of the Department of Children |
| 38 | and Family Services to the Department of Health and Human |
| 39 | Services; transferring and reassigning certain functions |
| 40 | and responsibilities, including records, personnel, |
| 41 | property, and unexpended balances of appropriations and |
| 42 | other resources, from the Agency for Health Care |
| 43 | Administration, the Agency for Persons with Disabilities, |
| 44 | the Department of Children and Family Services, and the |
| 45 | Department of Health to the Department of Health and Human |
| 46 | Services by a type two transfer; providing an effective |
| 47 | date. |
| 48 |
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| 49 | Be It Enacted by the Legislature of the State of Florida: |
| 50 |
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| 51 | Section 1. Subsections (3) and (4) and paragraph (b) of |
| 52 | subsection (7) of section 20.04, Florida Statutes, are amended |
| 53 | to read: |
| 54 | 20.04 Structure of executive branch.-The executive branch |
| 55 | of state government is structured as follows: |
| 56 | (3) For their internal structure, all departments, except |
| 57 | for the Department of Financial Services, the Department of |
| 58 | Health and Human Children and Family Services, the Department of |
| 59 | Corrections, the Department of Management Services, the |
| 60 | Department of Revenue, and the Department of Transportation, |
| 61 | must adhere to the following standard terms: |
| 62 | (a) The principal unit of the department is the |
| 63 | "division." Each division is headed by a "director." |
| 64 | (b) The principal unit of the division is the "bureau." |
| 65 | Each bureau is headed by a "chief." |
| 66 | (c) The principal unit of the bureau is the "section." |
| 67 | Each section is headed by an "administrator." |
| 68 | (d) If further subdivision is necessary, sections may be |
| 69 | divided into "subsections," which are headed by "supervisors." |
| 70 | (4) Within the Department of Health and Human Children and |
| 71 | Family Services there are organizational units called "regions" |
| 72 | headed by deputy secretaries "program offices," headed by |
| 73 | program directors. |
| 74 | (7) |
| 75 | (b) Within the limitations of this subsection, the head of |
| 76 | the department may recommend the establishment of additional |
| 77 | divisions, bureaus, sections, and subsections of the department |
| 78 | to promote efficient and effective operation of the department. |
| 79 | However, additional divisions, or offices in the Department of |
| 80 | Health and Human Children and Family Services, the Department of |
| 81 | Corrections, and the Department of Transportation, may be |
| 82 | established only by specific statutory enactment. New bureaus, |
| 83 | sections, and subsections of departments may be initiated by a |
| 84 | department and established as recommended by the Department of |
| 85 | Management Services and approved by the Executive Office of the |
| 86 | Governor, or may be established by specific statutory enactment. |
| 87 | Section 2. Section 20.601, Florida Statutes, is created to |
| 88 | read: |
| 89 | 20.601 Department of Health and Human Services.-There is |
| 90 | created a Department of Health and Human Services. |
| 91 | (1) MISSION AND PURPOSE.- |
| 92 | (a) The mission of the Department of Health and Human |
| 93 | Services is to: |
| 94 | 1. Work in partnership with local communities to implement |
| 95 | state health policy. |
| 96 | 2. Identify technologies and opportunities for gains in |
| 97 | productivity associated with the greater level of integration of |
| 98 | the delivery of health and human services. |
| 99 | 3. Estimate the amount of workforce reduction as a result |
| 100 | of the integration of service delivery systems. |
| 101 | 4. Estimate the reduction in the need for office or work |
| 102 | space as a result of increased use of technology and the |
| 103 | regionalization of health care operations. |
| 104 | 5. Eliminate duplicative functions as a result of the |
| 105 | merging of the functions of the Agency for Health Care |
| 106 | Administration, the Agency for Persons with Disabilities, the |
| 107 | Department of Children and Family Services, and the Department |
| 108 | of Health into the department. |
| 109 | (b) The department shall develop a strategic plan for |
| 110 | fulfilling its mission and establish a set of measurable goals, |
| 111 | objectives, performance standards, and quality assurance |
| 112 | requirements to ensure that the department is accountable to the |
| 113 | people of Florida. |
| 114 | (2) SECRETARY OF HEALTH AND HUMAN SERVICES; DEPUTY |
| 115 | SECRETARIES.- |
| 116 | (a) The head of the department is the Secretary of Health |
| 117 | and Human Services. The secretary is appointed by the Governor, |
| 118 | subject to confirmation by the Senate. The secretary serves at |
| 119 | the pleasure of the Governor. |
| 120 | (b) The secretary has the authority and responsibility to |
| 121 | ensure that the mission of the department is fulfilled in |
| 122 | accordance with state and federal laws, rules, and regulations. |
| 123 | (c) The secretary shall appoint six deputy secretaries who |
| 124 | shall lead the six regions. The deputy secretaries are directly |
| 125 | responsible to the secretary, perform such duties as are |
| 126 | assigned by the secretary, and serve at the pleasure of the |
| 127 | secretary. |
| 128 | (d) The secretary shall plan and administer program |
| 129 | services through regions that conform to the geographic |
| 130 | boundaries of the judicial circuits established in s. 26.021. |
| 131 | The department shall establish regional divisions as follows: |
| 132 | 1. Region 1, Northwest Region.-Escambia, Santa Rosa, |
| 133 | Okaloosa, Walton, Holmes, Washington, Bay, Jackson, Calhoun, |
| 134 | Gulf, Gadsden, Liberty, Franklin, Leon, Wakulla, and Jefferson |
| 135 | Counties. |
| 136 | 2. Region 2, Northeast Region.-Madison, Taylor, Hamilton, |
| 137 | Suwannee, Lafayette, Dixie, Columbia, Gilchrist, Levy, Union, |
| 138 | Bradford, Putnam, Alachua, Baker, Nassau, Duval, Clay, St. |
| 139 | Johns, Flagler, and Volusia Counties. |
| 140 | 3. Region 3, Central Region.-Marion, Citrus, Hernando, |
| 141 | Sumter, Lake, Polk, Hardee, Highlands, Seminole, Orange, |
| 142 | Osceola, Brevard, Indian River, Okeechobee, St. Lucie, and |
| 143 | Martin Counties. |
| 144 | 4. Region 4, Suncoast Region.-Pasco, Pinellas, |
| 145 | Hillsborough, Manatee, Sarasota, DeSoto, Charlotte, Lee, Glades, |
| 146 | Hendry, and Collier Counties. |
| 147 | 5. Region 5, Southeast Region.-Palm Beach and Broward |
| 148 | Counties. |
| 149 | 6. Region 6, Southern Region.-Miami-Dade and Monroe |
| 150 | Counties. |
| 151 | (3) PROGRAM DIVISIONS.- |
| 152 | (a) The department is authorized to establish program |
| 153 | divisions within each region, each of which shall be headed by a |
| 154 | director or other management position who shall be appointed by |
| 155 | and serves at the pleasure of the secretary. |
| 156 | (b) The following program divisions are established: |
| 157 | 1. Adult Services. |
| 158 | 2. Child Care Services. |
| 159 | 3. Foster Care Services. |
| 160 | 4. Long-term Care Services. |
| 161 | 5. Medicaid Services. |
| 162 | 6. Quality Assurance Services. |
| 163 | 7. Domestic Violence Services. |
| 164 | 8. Economic Self-Sufficiency Services. |
| 165 | 9. Family Safety Services. |
| 166 | 10. Mental Health Services. |
| 167 | 11. Refugee Services. |
| 168 | 12. Substance Abuse Services. |
| 169 | 13. Contracting Services. |
| 170 | 14. Legal Services. |
| 171 | 15. Administration Services. |
| 172 | 16. Benefits Services. |
| 173 | (c) Program divisions may be consolidated, restructured, |
| 174 | or rearranged by the secretary, in consultation with the |
| 175 | Executive Office of the Governor, provided any such |
| 176 | consolidation, restructuring, or rearranging is capable of |
| 177 | meeting functions and activities and achieving outcomes as |
| 178 | delineated in state and federal laws, rules, and regulations. |
| 179 | The secretary may appoint additional managers and administrators |
| 180 | as he or she determines are necessary for the effective |
| 181 | management of the department. |
| 182 | (4) CONSULTATION WITH COUNTIES ON MANDATED PROGRAMS.-It is |
| 183 | the intent of the Legislature that when county governments are |
| 184 | required by law to participate in the funding of programs, the |
| 185 | department shall consult with designated representatives of |
| 186 | county governments in developing policies and service delivery |
| 187 | plans for those programs. |
| 188 | (5) PROCUREMENT OF HEALTH SERVICES.-Nothing contained in |
| 189 | chapter 287 shall require competitive bids for health services |
| 190 | involving examination, diagnosis, or treatment. |
| 191 | Section 3. Section 20.602, Florida Statutes, is created to |
| 192 | read: |
| 193 | 20.602 Central Office of Investigative Services; purpose.- |
| 194 | (1) The Central Office of Investigative Services is |
| 195 | responsible for: |
| 196 | (a) All investigations relating to child abuse, adult |
| 197 | abuse, Medicaid fraud, and complaints against health care |
| 198 | professionals, health care providers, and managed care |
| 199 | organizations. |
| 200 | (b) Reporting the findings of the regional offices to the |
| 201 | United States Department of Health and Human Services. |
| 202 | (c) Coordinating investigations with federal agencies to |
| 203 | implement health care mandates. |
| 204 | (d) Coordinating investigations statewide and providing |
| 205 | regional oversight. |
| 206 | (2) The Office of Inspector General is established in the |
| 207 | Central Office of Investigative Services to review complaints |
| 208 | regarding the conduct of investigators and investigations. |
| 209 | (3) Each region established under s. 20.601 shall have a |
| 210 | separate investigative office that shall conduct investigations, |
| 211 | collect information regarding complaints, and report such |
| 212 | findings to the Central Office of Investigative Services. |
| 213 | Section 4. Subsection (11) is added to section 1001.706, |
| 214 | Florida Statutes, to read: |
| 215 | 1001.706 Powers and duties of the Board of Governors.- |
| 216 | (11) REGIONAL POLICY DEVELOPMENT AND RESEARCH EXCHANGE |
| 217 | CENTERS.-The Board of Governors shall establish a regional |
| 218 | policy development and research exchange center at one state |
| 219 | university located in each of the six regional divisions |
| 220 | established under s. 20.601. Each exchange center shall: |
| 221 | (a) Review data on subjects, including, but not limited |
| 222 | to, developmental disabilities, aging, Medicaid and managed |
| 223 | care, frontline caregivers, mental health, substance abuse, |
| 224 | HIV/AIDS, long-term care, community-based care, biological |
| 225 | sciences, and children's health and services issues. |
| 226 | (b) Examine data, including, but not limited to, encounter |
| 227 | data and cost-effectiveness data, and conduct field interviews |
| 228 | with providers and consumers. |
| 229 | (c) Make research findings available to the public through |
| 230 | the Internet with the opportunity for public comment. |
| 231 | (d) Provide recommendations to the Department of Health |
| 232 | and Human Services, the President of the Senate, and the Speaker |
| 233 | of the House of Representatives regarding health and human |
| 234 | services policies. |
| 235 | Section 5. Sections 20.19, 20.195, 20.197, 20.1971, 20.42, |
| 236 | 20.425, 20.43, and 20.435, Florida Statutes, are repealed. |
| 237 | Section 6. The Division of Statutory Revision of the Joint |
| 238 | Legislative Management Committee is directed to prepare a |
| 239 | reviser's bill for introduction at a subsequent session of the |
| 240 | Legislature to change the term "Department of Children and |
| 241 | Family Services" to "Department of Health and Human Services," |
| 242 | the term "Secretary of Children and Family Services" to |
| 243 | "Secretary of Health and Human Services," and the term "district |
| 244 | administrator" to "deputy secretary," as that term relates to |
| 245 | the administrative duties of a district administrator in a |
| 246 | region, wherever those terms appear in the Florida Statutes. |
| 247 | Section 7. All powers, duties, functions, records, |
| 248 | offices, personnel, property, pending issues and existing |
| 249 | contracts, administrative authority, administrative rules, and |
| 250 | unexpended balances of appropriations, allocations, and other |
| 251 | funds of the Agency for Health Care Administration, the Agency |
| 252 | for Persons with Disabilities, the Department of Children and |
| 253 | Family Services, and the Department of Health are transferred by |
| 254 | a type two transfer, as defined in s. 20.06(2), Florida |
| 255 | Statutes, to the Department of Health and Human Services. |
| 256 | Section 8. This act shall take effect July 1, 2011. |