Florida Senate - 2011 CS for SB 1366 By the Committee on Children, Families, and Elder Affairs; and Senator Storms 586-02448-11 20111366c1 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.—The Department of Children and Family Services, the 22 Department of Health, the Agency for Persons with Disabilities, 23 the Agency for Health Care Administration,andcommunity-based 24 care lead agencies, managing entities as defined in s. 394.9082, 25 and their contracted, monitoring agents shall identify and 26 implement changes that improve the efficiency of administrative 27 monitoring of child welfare services, mental health services, 28 and substance abuse services. To assist with that goal, each 29 such agency shall adopt the following policies: 30 (1) Limit administrative, licensure, and programmatic 31 monitoring to once every 3 years if thechild welfareprovider 32 of child welfare services, mental health services, or substance 33 abuse services is accredited by the Joint Commission on 34 Accreditation of Healthcare Organizations, the Commission on 35 Accreditation of Rehabilitation Facilities, or the Council on 36 Accreditation of Children and Family Services. If the services 37 being monitored are not the services for which the provider is 38 accredited, the limitations of this subsection do not apply. If 39 the accrediting body does not require documentation that the 40 state agency requires, that documentation shall be requested by 41 the state agency and may be posted by the service provider on 42 the data warehouse for the agency’s review. Notwithstanding the 43 survey or inspection of an accrediting organization specified in 44 this subsection, an agency specified in and subject to this 45 section may continue to monitor the service provider as 46 necessary with respect to: 47 (a) Ensuring that services for which the agency is paying 48 are being provided. 49 (b) Investigating complaints or suspected problems and 50 monitoring the service provider’s compliance with any resulting 51 negotiated terms and conditions, including provisions relating 52 to consent decrees that are unique to a specific service and are 53 not statements of general applicability. 54 (c) Ensuring compliance with federal and state laws, 55 federal regulations, or state rules if such monitoring does not 56 duplicate the accrediting organization’s review pursuant to 57 accreditation standards. 58 59 Medicaid certification and precertification reviews are exempt 60 from this subsection to ensure Medicaid compliance. 61 (2) Allow private sector development and implementation of 62 an Internet-based, secure, and consolidated data warehouse and 63 archive for maintaining corporate, fiscal, and administrative 64 records ofchild welfareproviders of child welfare services, 65 mental health services, or substance abuse services. A service 66 provider shall ensure that the data is up to date and accessible 67 to the applicable agency under this section and the appropriate 68 agency subcontractor. A service provider shall submit any 69 revised, updated information to the data warehouse within 10 70 business days after receiving the request. An agency that 71 conducts administrative monitoring ofchild welfareproviders of 72 child welfare services, mental health services, or substance 73 abuse services under this section must use the data warehouse 74 for document requests. If the information provided to the agency 75 by the service provider’s data warehouse is not current or is 76 unavailable from the data warehouse and archive, the agency may 77 contact the service provider directly. A service provider that 78 fails to comply with an agency’s requested documents may be 79 subject to a site visit to ensure compliance. Access to the data 80 warehouse must be provided without charge to an applicable 81 agency under this section. At a minimum, the records must 82 include the service provider’s: 83 (a) Articles of incorporation. 84 (b) Bylaws. 85 (c) Governing board and committee minutes. 86 (d) Financial audits. 87 (e) Expenditure reports. 88 (f) Compliance audits. 89 (g) Organizational charts. 90 (h) Governing board membership information. 91 (i) Human resource policies and procedures. 92 (j) Staff credentials. 93 (k) Monitoring procedures, including tools and schedules. 94 (l) Procurement and contracting policies and procedures. 95 (m) Monitoring reports. 96 Section 2. This act shall take effect July 1, 2011.