Florida Senate - 2011                                    SB 1366
       
       
       
       By Senator Storms
       
       
       
       
       10-00424A-11                                          20111366__
    1                        A bill to be entitled                      
    2         An act relating to administrative monitoring of
    3         providers of child welfare services, mental health
    4         services, and substance abuse services; amending s.
    5         402.7306, F.S.; requiring the Department of Children
    6         and Family Services, the Department of Health, the
    7         Agency for Persons with Disabilities, the Agency for
    8         Health Care Administration, community-based care lead
    9         agencies, managing entities, and their contracted
   10         monitoring agents to adopt certain revised policies
   11         for the administrative monitoring of providers of
   12         child welfare services, mental health services, and
   13         substance abuse services; conforming provisions to
   14         changes made by the act; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 402.7306, Florida Statutes, is amended
   19  to read:
   20         402.7306 Administrative monitoring for child welfare
   21  providers, mental health providers, and substance abuse
   22  providers who provide services to the state’s priority
   23  populations as provided in s. 394.674.—The Department of
   24  Children and Family Services, the Department of Health, the
   25  Agency for Persons with Disabilities, the Agency for Health Care
   26  Administration, and community-based care lead agencies, managing
   27  entities as defined in s. 394.9082, and their contracted,
   28  monitoring agents shall identify and implement changes that
   29  improve the efficiency of administrative monitoring of child
   30  welfare services, mental health services, and substance abuse
   31  services. To assist with that goal, each such agency shall adopt
   32  the following policies:
   33         (1) Limit administrative, licensure, and programmatic
   34  monitoring to once every 3 years if the child welfare provider
   35  of child welfare services, mental health services, or substance
   36  abuse services is accredited by the Joint Commission on
   37  Accreditation of Healthcare Organizations, the Commission on
   38  Accreditation of Rehabilitation Facilities, or the Council on
   39  Accreditation of Children and Family Services. If the
   40  accrediting body does not require documentation that the state
   41  agency requires, that documentation shall be requested by the
   42  state agency and may be posted by the service provider on the
   43  data warehouse for the agency’s review. Notwithstanding the
   44  survey or inspection of an accrediting organization specified in
   45  this subsection, an agency specified in and subject to this
   46  section may continue to monitor the service provider as
   47  necessary with respect to:
   48         (a) Ensuring that services for which the agency is paying
   49  are being provided.
   50         (b) Investigating complaints or suspected problems and
   51  monitoring the service provider’s compliance with any resulting
   52  negotiated terms and conditions, including provisions relating
   53  to consent decrees that are unique to a specific service and are
   54  not statements of general applicability.
   55         (c) Ensuring compliance with federal and state laws,
   56  federal regulations, or state rules if such monitoring does not
   57  duplicate the accrediting organization’s review pursuant to
   58  accreditation standards.
   59  
   60  Medicaid certification and precertification reviews are exempt
   61  from this subsection to ensure Medicaid compliance.
   62         (2) Allow private sector development and implementation of
   63  an Internet-based, secure, and consolidated data warehouse and
   64  archive for maintaining corporate, fiscal, and administrative
   65  records of child welfare providers of child welfare services,
   66  mental health services, or substance abuse services. A service
   67  provider shall ensure that the data is up to date and accessible
   68  to the applicable agency under this section and the appropriate
   69  agency subcontractor. A service provider shall submit any
   70  revised, updated information to the data warehouse within 10
   71  business days after receiving the request. An agency that
   72  conducts administrative monitoring of child welfare providers of
   73  child welfare services, mental health services, or substance
   74  abuse services under this section must use the data warehouse
   75  for document requests. If the information provided to the agency
   76  by the service provider’s data warehouse is not current or is
   77  unavailable from the data warehouse and archive, the agency may
   78  contact the service provider directly. A service provider that
   79  fails to comply with an agency’s requested documents may be
   80  subject to a site visit to ensure compliance. Access to the data
   81  warehouse must be provided without charge to an applicable
   82  agency under this section. At a minimum, the records must
   83  include the service provider’s:
   84         (a) Articles of incorporation.
   85         (b) Bylaws.
   86         (c) Governing board and committee minutes.
   87         (d) Financial audits.
   88         (e) Expenditure reports.
   89         (f) Compliance audits.
   90         (g) Organizational charts.
   91         (h) Governing board membership information.
   92         (i) Human resource policies and procedures.
   93         (j) Staff credentials.
   94         (k) Monitoring procedures, including tools and schedules.
   95         (l) Procurement and contracting policies and procedures.
   96         (m) Monitoring reports.
   97         Section 2. This act shall take effect July 1, 2011.