HB 959

1	A bill to be entitled
2	An act relating to administrative monitoring of mental
3	health and substance abuse service providers; amending s.
4	402.7306, F.S.; including mental health and substance
5	abuse providers for purposes of administrative monitoring;
6	requiring the Department of Children and Family Services,
7	the Department of Health, the Agency for Persons with
8	Disabilities, the Agency for Health Care Administration,
9	community-based care lead agencies, and the Department of
10	Children and Family Services' managing entities and their
11	contracted monitoring agents to adopt policies for the
12	administrative monitoring of child welfare, mental health,
13	and substance abuse service providers; limiting frequency
14	of administrative, licensure, and programmatic monitoring
15	of mental health and substance abuse service providers
16	under certain conditions; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Section 402.7306, Florida Statutes, is amended
21	to read:
22	402.7306  Administrative monitoring of for child welfare
23	providers and mental health and substance abuse service
24	providers who provide services under s. 394.674.-The Department
25	of Children and Family Services, the Department of Health, the
26	Agency for Persons with Disabilities, the Agency for Health Care
27	Administration, and community-based care lead agencies, and the
28	Department of Children and Family Services' managing entities,
29	as defined in s. 394.9082, and their contracted monitoring
30	agents shall identify and implement changes that improve the
31	efficiency of administrative monitoring of child welfare, mental
32	health, and substance abuse services. To assist with that goal,
33	each such agency shall adopt the following policies:
34	(1)  Limit administrative, licensure, and programmatic
35	monitoring to once every 3 years if the child welfare, mental
36	health, or substance abuse service provider is accredited by the
37	Joint Commission on Accreditation of Healthcare Organizations,
38	the Commission on Accreditation of Rehabilitation Facilities, or
39	the Council on Accreditation of Children and Family Services. If
40	the accrediting body does not require documentation that the
41	state agency requires, that documentation shall be requested by
42	the state agency and may be posted by the service provider on
43	the 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, mental health, or substance abuse
66	service providers. A service provider shall ensure that the data
67	is up to date and accessible to the applicable agency under this
68	section and the appropriate agency subcontractor. A service
69	provider shall submit any revised, updated information to the
70	data warehouse within 10 business days after receiving the
71	request. An agency that conducts administrative monitoring of
72	child welfare, mental health, or substance abuse service
73	providers under this section must use the data warehouse for
74	document requests. If the information provided to the agency by
75	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 upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.