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, and community-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 the child welfare provider
   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 of child welfare providers 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 of child welfare providers 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.