Florida Senate - 2011 CS for SB 374
By the Committee on Governmental Oversight and Accountability;
and Senator Bogdanoff
585-03914-11 2011374c1
1 A bill to be entitled
2 An act relating to health and human services
3 contracts; amending s. 287.0575, F.S.; creating the
4 Health and Human Services Contract Resource Council
5 within the Department of Management Services;
6 requiring the department to provide administrative
7 support; providing meeting times and duties of the
8 council; providing membership of the council;
9 establishing the duties of several state agencies,
10 including the Department of Juvenile Justice and the
11 Agency for Health Care Administration with regard to
12 contracts for health and human services; revising the
13 deadline dates for state agencies to notify their
14 contract service providers and for contract service
15 providers to provide their contract managers a list of
16 their health and human service contracts; requiring
17 the Health and Human Service Contract Resource Council
18 to designate a lead administrative coordinator for
19 each contract service provider; conforming provisions
20 to changes made by the act; revising the
21 responsibilities of the designated lead administrative
22 coordinator; requiring each agency contracting for
23 health and human services to submit an annual report
24 to the council; requiring the council to provide an
25 executive summary of the reports to the Governor and
26 the Legislature; requiring the council to make
27 recommendations to the Legislature regarding
28 legislation or rulemaking authority that would promote
29 interdepartmental collaboration and program
30 integration; amending s. 287.057, F.S.; exempting
31 services provided by an eligible lead community-based
32 provider from being subject to the state competitive
33 bidding process; providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Section 287.0575, Florida Statutes, is amended
38 to read:
39 287.0575 Coordination of contracted services.—
40 (1) There is created the Health and Human Services Contract
41 Resource Council, which is a coordinating council as defined in
42 s. 20.03.
43 (a) The council shall ensure that the public policy of this
44 state relating to the administrative and fiscal contract
45 management of health and human services is developed to promote
46 interdepartmental collaboration and program administration in
47 order that contracts and services are planned, managed, and
48 delivered in an integrated manner.
49 (b) The council is created in the Department of Management
50 Services, which shall provide administrative support and service
51 to the council.
52 (c) The council shall meet for its organizational session
53 no later than August 1, 2011. The council shall select a chair
54 from its members. Thereafter, the council shall meet at least
55 six times each year in order to:
56 1. Develop and implement a shared and cohesive vision on
57 how to deliver integrated services to eliminate administrative
58 duplication and improve outcomes in this state.
59 2. Align, coordinate, and consolidate administrative and
60 fiscal performance standards into model consolidated standards
61 for vendors that provide health and human services. The model
62 consolidated standards shall be used by the agencies in
63 subsection (2) in monitoring contracts and as part of each
64 agency’s evaluation of competitive bids for health and human
65 services.
66 3. Review, align, coordinate, consolidate, and recommend
67 uniform administrative rules and policies so that administrative
68 requirements and goals for the contracts are aligned to the
69 greatest extent possible and not in conflict.
70 4. Review the monitoring protocols related to the
71 administrative and fiscal requirements of vendors that provide
72 health and human services to ensure that the protocols are in
73 compliance with this section.
74 5. Design and implement actions that promote collaboration,
75 creativity, increased efficiency, information sharing, and
76 improved service delivery between and within state agencies and
77 organizations that provide services. In particular, the efforts
78 shall include the long-range planning process mandated by s.
79 216.013.
80 6. Make recommendations for the establishment of a
81 consolidated data warehouse and archive to maintain the
82 corporate, fiscal, and administrative records of vendors that
83 provide health and human services. The council shall include
84 recommendations to ensure that the administrative and fiscal
85 data are up-to-date and accessible to other agencies,
86 participating vendors, and the general public through web-based
87 technology, and managed in a manner that allows contract
88 information to be aggregated and assessed to determine the
89 amount, value, and achievement of administrative standards by
90 vendor, by agency, and by type of service.
91 7. Identify to the greatest extent possible, existing and
92 potential private and nonstate moneys and resources for
93 improving contracting efficiencies, including, but not limited
94 to, federal grant funds, other nonstate grant funds, gifts,
95 donations, foundation and organization grants, and any other
96 form of private funding opportunities, including public-private
97 partnerships.
98 8. Engage in other activities that will improve
99 collaboration of agencies in order to create, manage, and
100 promote coordinated policies, programs, and service delivery
101 systems.
102 9. Designate the lead state agency for all administrative
103 and fiscal matters related to contracts for health and human
104 services.
105 (2) The council shall select a chair from among its
106 members. The council shall consist of seven members:
107 (a) The Secretary of Children and Family Services or his or
108 her designee;
109 (b) The Secretary of Juvenile Justice or his or her
110 designee;
111 (c) The director of the Agency for Persons with
112 Disabilities or his or her designee;
113 (d) The State Surgeon General or his or her designee;
114 (e) The Secretary of Health Care Administration or his or
115 her designee;
116 (f) The Secretary of Elderly Affairs or his or her
117 designee; and
118 (g) The executive director of the Department of Veterans’
119 Affairs or his or her designee.
120 (3) The following duties and responsibilities of the
121 Department of Children and Family Services, the Agency for
122 Persons with Disabilities, the Department of Health, the
123 Department of Juvenile Justice, the Agency for Health Care
124 Administration, the Department of Elderly Affairs, and the
125 Department of Veterans’ Affairs, and service providers under
126 contract to those agencies, are established:
127 (a)(1) No later than August 1, 2011 2010, or upon entering
128 into any new contract for health and human services, state
129 agencies contracting for health and human services must notify
130 their contract service providers of the requirements of this
131 section.
132 (b)(2) No later than October 1, 2011 2010, contract service
133 providers that have more than one contract with one or more
134 state agencies to provide health and human services must provide
135 to each of their contract managers a comprehensive list of their
136 health and human services contracts. The list must include the
137 following information:
138 1.(a) The name of each contracting state agency and the
139 applicable office or program issuing the contract.
140 2.(b) The identifying name and number of each contract.
141 3.(c) The starting and ending date of each contract.
142 4.(d) The amount of each contract.
143 5.(e) A brief description of the purpose of the contract
144 and the types of services provided under each contract.
145 6.(f) The name and contact information of the contract
146 manager.
147 (c)(3) With respect to contracts entered into on or after
148 August 1, 2011 2010, effective November 1, 2011 2010, or 30 days
149 after receiving the list provided under paragraph (b) subsection
150 (2), a single lead administrative coordinator for each contract
151 service provider shall be designated by the Health and Human
152 Services Contract Resource Council as provided in this
153 subsection from among the agencies having multiple contracts as
154 provided in paragraph (b) subsection (2). On or before the date
155 such responsibilities are assumed, the designated lead
156 administrative coordinator shall provide notice of his or her
157 designation to the contract service provider and to the agency
158 contract managers for each affected contract. Unless another
159 lead administrative coordinator is selected by the Health and
160 Human Services Contract Resource Council agreement of all
161 affected contract managers, the designated lead administrative
162 coordinator shall be the agency contract manager of the contract
163 with the highest dollar value over the term of the contract,
164 provided the term of the contract remaining at the time of
165 designation exceeds 24 months. If the remaining terms of all
166 contracts are 24 months or less, the designated lead
167 administrative coordinator shall be the contract manager of the
168 contract with the latest end date. A designated lead
169 administrative coordinator, or his or her successor as contract
170 manager, shall continue as lead administrative coordinator until
171 another lead administrative coordinator is selected by the
172 Health and Human Services Contract Resource Council agreement of
173 all affected contract managers or until the end date of the
174 contract for which the designated lead administrative
175 coordinator serves as contract manager, at which time a new lead
176 administrative coordinator shall be designated pursuant to this
177 subsection, if applicable.
178 (d)(4) The designated lead administrative coordinator shall
179 be responsible for:
180 1.(a) Establishing a coordinated schedule for
181 administrative and fiscal monitoring;
182 2.(b) Coordinating and consulting with other case managers
183 to establish a single unified set of required administrative and
184 fiscal documentation;
185 3.(c) Coordinating and consulting with other case managers
186 to establish a single unified schedule for periodic updates of
187 administrative and fiscal information; and
188 4.(d) Maintaining an accessible electronic file of up-to
189 date administrative and fiscal documents, including, but not
190 limited to, corporate documents, membership records, audits, and
191 monitoring reports.
192 (e)(5) Contract managers for agency contracts other than
193 the designated lead administrative coordinator must conduct
194 administrative and fiscal monitoring activities in accordance
195 with the coordinated schedule and must obtain any necessary
196 administrative and fiscal documents from the designated lead
197 administrative coordinator’s electronic file.
198 (f)(6) This section does not apply to routine program
199 performance monitoring or prohibit a contracting agency from
200 directly and immediately contacting the service provider when
201 the health or safety of clients is at risk.
202 (g)(7) Each agency contracting for health and human
203 services shall annually evaluate the performance of its
204 designated lead administrative coordinator in establishing
205 coordinated systems, improving efficiency, and reducing
206 redundant monitoring activities for state agencies and their
207 service providers. The annual report shall be submitted to the
208 Health and Human Services Contract Resource Council. The Health
209 and Human Services Contract Resource Council shall provide an
210 executive summary of the reports to the Governor, the President
211 of the Senate, and the Speaker of the House of Representatives.
212 In addition to an executive summary, the council shall make
213 recommendations to the President of the Senate and the Speaker
214 of the House of Representatives for legislation or rulemaking
215 authority that would promote interdepartmental collaboration and
216 program integration.
217 Section 2. Paragraph (f) of subsection (3) of section
218 287.057, Florida Statutes, is amended to read:
219 287.057 Procurement of commodities or contractual
220 services.—
221 (3) When the purchase price of commodities or contractual
222 services exceeds the threshold amount provided in s. 287.017 for
223 CATEGORY TWO, no purchase of commodities or contractual services
224 may be made without receiving competitive sealed bids,
225 competitive sealed proposals, or competitive sealed replies
226 unless:
227 (f) The purchase is for any of the following contractual
228 services and commodities are not subject to the competitive
229 solicitation requirements of this section:
230 1. Artistic services. For the purposes of this subsection,
231 the term “artistic services” does not include advertising or
232 typesetting. As used in this subparagraph, the term
233 “advertising” means the making of a representation in any form
234 in connection with a trade, business, craft, or profession in
235 order to promote the supply of commodities or services by the
236 person promoting the commodities or contractual services.
237 2. Academic program reviews if the fee for such services
238 does not exceed $50,000.
239 3. Lectures by individuals.
240 4. Legal services, including attorney, paralegal, expert
241 witness, appraisal, or mediator services.
242 5.a. Health services involving examination, diagnosis,
243 treatment, prevention, medical consultation, or administration.
244 b. Beginning January 1, 2011, health services, also
245 includes including, but is not limited to, substance abuse and
246 mental health services, involving examination, diagnosis,
247 treatment, prevention, or medical consultation, if when such
248 services are offered to eligible individuals participating in a
249 specific program that qualifies multiple providers and uses a
250 standard payment methodology. Reimbursement for the of
251 administrative costs of for providers of services purchased in
252 this manner are shall also be exempt. For purposes of this
253 subparagraph sub-subparagraph, the term “providers” means health
254 professionals, health facilities, or organizations that deliver
255 or arrange for the delivery of health services.
256 6. Services provided to persons with mental or physical
257 disabilities by not-for-profit corporations which have obtained
258 exemptions under the provisions of s. 501(c)(3) of the United
259 States Internal Revenue Code or when such services are governed
260 by the provisions of Office of Management and Budget Circular A
261 122. However, in acquiring such services, the agency shall
262 consider the ability of the vendor, past performance,
263 willingness to meet time requirements, and price.
264 7. Medicaid services delivered to an eligible Medicaid
265 recipient unless the agency is directed otherwise by in law.
266 8. Family placement services.
267 9. Services provided by an eligible lead community-based
268 provider as described in s. 409.1671(1)(e) currently under
269 contract with the Department of Children and Family Services and
270 in compliance with the department’s performance, fiscal, and
271 administrative standards.
272 10.9. Prevention services related to mental health,
273 including drug abuse prevention programs, child abuse prevention
274 programs, and shelters for runaways, operated by not-for-profit
275 corporations. However, in acquiring such services, the agency
276 must shall consider the ability of the vendor, past performance,
277 willingness to meet time requirements, and price.
278 11.10. Training and education services provided to injured
279 employees pursuant to s. 440.491(6).
280 12.11. Contracts entered into pursuant to s. 337.11.
281 13.12. Services or commodities provided by governmental
282 agencies.
283 Section 3. This act shall take effect July 1, 2011.