Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 374
       
       
       
       
       
       
                                Barcode 929432                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/05/2011           .                                
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       The Committee on Governmental Oversight and Accountability
       (Bogdanoff) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 17 - 95
    4  and insert:
    5         Section 1. Section 287.0575, Florida Statutes, is amended
    6  to read:
    7         287.0575 Coordination of contracted services.—
    8         (1) There is created the Health and Human Services Contract
    9  Resource Council, which is a coordinating council as defined in
   10  s. 20.03.
   11         (a)The council shall ensure that the public policy of this
   12  state relating to the administrative and fiscal contract
   13  management of health and human services is developed to promote
   14  interdepartmental collaboration and program administration in
   15  order that contracts and services are planned, managed, and
   16  delivered in an integrated manner.
   17         (b)The council is created in the Department of Management
   18  Services, which shall provide administrative support and service
   19  to the council.
   20         (c)The council shall meet for its organizational session
   21  no later than August 1, 2011. The council shall select a chair
   22  from its members. Thereafter, the council shall meet at least
   23  six times each year in order to:
   24         1.Develop and implement a shared and cohesive vision on
   25  how to deliver integrated services to eliminate administrative
   26  duplication and improve outcomes in this state.
   27         2.Align, coordinate, and consolidate administrative and
   28  fiscal performance standards into model consolidated standards
   29  for vendors that provide health and human services. The model
   30  consolidated standards shall be used by the agencies in
   31  subsection (2) in monitoring contracts and as part of each
   32  agency’s evaluation of competitive bids for health and human
   33  services.
   34         3. Review, align, coordinate, consolidate, and recommend
   35  uniform administrative rules and policies so that administrative
   36  requirements and goals for the contracts are aligned to the
   37  greatest extent possible and not in conflict.
   38         4. Review the monitoring protocols related to the
   39  administrative and fiscal requirements of vendors that provide
   40  health and human services to ensure that the protocols are in
   41  compliance with this section.
   42         5. Design and implement actions that promote collaboration,
   43  creativity, increased efficiency, information sharing, and
   44  improved service delivery between and within state agencies and
   45  organizations that provide services. In particular, the efforts
   46  shall include the long-range planning process mandated by s.
   47  216.013.
   48         6. Make recommendations for the establishment of a
   49  consolidated data warehouse and archive to maintain the
   50  corporate, fiscal, and administrative records of vendors that
   51  provide health and human services. The council shall include
   52  recommendations to ensure that the administrative and fiscal
   53  data are up-to-date and accessible to other agencies,
   54  participating vendors, and the general public through web-based
   55  technology, and managed in a manner that allows contract
   56  information to be aggregated and assessed to determine the
   57  amount, value, and achievement of administrative standards by
   58  vendor, by agency, and by type of service.
   59         7. Identify to the greatest extent possible, existing and
   60  potential private and nonstate moneys and resources for
   61  improving contracting efficiencies, including, but not limited
   62  to, federal grant funds, other nonstate grant funds, gifts,
   63  donations, foundation and organization grants, and any other
   64  form of private funding opportunities, including public-private
   65  partnerships.
   66         8.Engage in other activities that will improve
   67  collaboration of agencies in order to create, manage, and
   68  promote coordinated policies, programs, and service delivery
   69  systems.
   70         9.Designate the lead state agency for all administrative
   71  and fiscal matters related to contracts for health and human
   72  services.
   73         (2)The council shall select a chair from among its
   74  members. The council shall consist of seven members:
   75         (a)The Secretary of Children and Family Services or his or
   76  her designee;
   77         (b)The Secretary of Juvenile Justice or his or her
   78  designee;
   79         (c)The director of the Agency for Persons with
   80  Disabilities or his or her designee;
   81         (d)The State Surgeon General or his or her designee;
   82         (e)The Secretary of Health Care Administration or his or
   83  her designee;
   84         (f)The Secretary of Elderly Affairs or his or her
   85  designee; and
   86         (g) The executive director of the Department of Veterans’
   87  Affairs or his or her designee.
   88         (3) The following duties and responsibilities of the
   89  Department of Children and Family Services, the Agency for
   90  Persons with Disabilities, the Department of Health, the
   91  Department of Juvenile Justice, the Agency for Health Care
   92  Administration, the Department of Elderly Affairs, and the
   93  Department of Veterans’ Affairs, and service providers under
   94  contract to those agencies, are established:
   95         (a)(1) No later than August 1, 2011 2010, or upon entering
   96  into any new contract for health and human services, state
   97  agencies contracting for health and human services must notify
   98  their contract service providers of the requirements of this
   99  section.
  100         (b)(2) No later than October 1, 2011 2010, contract service
  101  providers that have more than one contract with one or more
  102  state agencies to provide health and human services must provide
  103  to each of their contract managers a comprehensive list of their
  104  health and human services contracts. The list must include the
  105  following information:
  106         1.(a) The name of each contracting state agency and the
  107  applicable office or program issuing the contract.
  108         2.(b) The identifying name and number of each contract.
  109         3.(c) The starting and ending date of each contract.
  110         4.(d) The amount of each contract.
  111         5.(e) A brief description of the purpose of the contract
  112  and the types of services provided under each contract.
  113         6.(f) The name and contact information of the contract
  114  manager.
  115         (c)(3) With respect to contracts entered into on or after
  116  August 1, 2011 2010, effective November 1, 2011 2010, or 30 days
  117  after receiving the list provided under paragraph (b) subsection
  118  (2), a single lead administrative coordinator for each contract
  119  service provider shall be designated by the Health and Human
  120  Services Contract Resource Council as provided in this
  121  subsection from among the agencies having multiple contracts as
  122  provided in paragraph (b) subsection (2). On or before the date
  123  such responsibilities are assumed, the designated lead
  124  administrative coordinator shall provide notice of his or her
  125  designation to the contract service provider and to the agency
  126  contract managers for each affected contract. Unless another
  127  lead administrative coordinator is selected by the Health and
  128  Human Services Contract Resource Council agreement of all
  129  affected contract managers, the designated lead administrative
  130  coordinator shall be the agency contract manager of the contract
  131  with the highest dollar value over the term of the contract,
  132  provided the term of the contract remaining at the time of
  133  designation exceeds 24 months. If the remaining terms of all
  134  contracts are 24 months or less, the designated lead
  135  administrative coordinator shall be the contract manager of the
  136  contract with the latest end date. A designated lead
  137  administrative coordinator, or his or her successor as contract
  138  manager, shall continue as lead administrative coordinator until
  139  another lead administrative coordinator is selected by the
  140  Health and Human Services Contract Resource Council agreement of
  141  all affected contract managers or until the end date of the
  142  contract for which the designated lead administrative
  143  coordinator serves as contract manager, at which time a new lead
  144  administrative coordinator shall be designated pursuant to this
  145  subsection, if applicable.
  146         (d)(4) The designated lead administrative coordinator shall
  147  be responsible for:
  148         1.(a) Establishing a coordinated schedule for
  149  administrative and fiscal monitoring;
  150         2.(b)Coordinating and consulting with other case managers
  151  to establish a single unified set of required administrative and
  152  fiscal documentation;
  153         3.(c)Coordinating and consulting with other case managers
  154  to establish a single unified schedule for periodic updates of
  155  administrative and fiscal information; and
  156         4.(d) Maintaining an accessible electronic file of up-to
  157  date administrative and fiscal documents, including, but not
  158  limited to, corporate documents, membership records, audits, and
  159  monitoring reports.
  160         (e)(5) Contract managers for agency contracts other than
  161  the designated lead administrative coordinator must conduct
  162  administrative and fiscal monitoring activities in accordance
  163  with the coordinated schedule and must obtain any necessary
  164  administrative and fiscal documents from the designated lead
  165  administrative coordinator’s electronic file.
  166         (f)(6) This section does not apply to routine program
  167  performance monitoring or prohibit a contracting agency from
  168  directly and immediately contacting the service provider when
  169  the health or safety of clients is at risk.
  170         (g)(7) Each agency contracting for health and human
  171  services shall annually evaluate the performance of its
  172  designated lead administrative coordinator in establishing
  173  coordinated systems, improving efficiency, and reducing
  174  redundant monitoring activities for state agencies and their
  175  service providers. The annual report shall be submitted to the
  176  Health and Human Services Contract Resource Council. The Health
  177  and Human Services Contract Resource Council shall provide an
  178  executive summary of the reports to the Governor, the President
  179  of the Senate, and the Speaker of the House of Representatives.
  180  In addition to an executive summary, the council shall make
  181  recommendations to the President of the Senate and the Speaker
  182  of the House of Representatives for legislation or rulemaking
  183  authority that would promote interdepartmental collaboration and
  184  program integration.
  185  
  186  ================= T I T L E  A M E N D M E N T ================
  187         And the title is amended as follows:
  188         Delete lines 3 - 9
  189  and insert:
  190         contracts; amending s. 287.0575, F.S.; creating the
  191         Health and Human Services Contract Resource Council
  192         within the Department of Management Services;
  193         requiring the department to provide administrative
  194         support; providing meeting times and duties of the
  195         council; providing membership of the council;
  196         establishing the duties of several state agencies,
  197         including the Department of Juvenile Justice and the
  198         Agency for Health Care Administration with regard to
  199         contracts for health and human services; revising the
  200         deadline dates for state agencies to notify their
  201         contract service providers and for contract service
  202         providers to provide their contract managers a list of
  203         their health and human service contracts; requiring
  204         the Health and Human Service Contract Resource Council
  205         to designate a lead administrative coordinator for
  206         each contract service provider; conforming provisions
  207         to changes made by the act; revising the
  208         responsibilities of the designated lead administrative
  209         coordinator; requiring each agency contracting for
  210         health and human services to submit an annual report
  211         to the council; requiring the council to provide an
  212         executive summary of the reports to the Governor and
  213         the Legislature; requiring the council to make
  214         recommendations to the Legislature regarding
  215         legislation or rulemaking authority that would promote
  216         interdepartmental collaboration and program
  217         integration;