Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 444
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             02/01/2018 02:02 PM       .                                

       Senator Rader moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 381.96, Florida Statutes, is created to
    6  read:
    7         381.96Pregnancy support services.—
    8         (1)DEFINITIONS.—As used in this section, the term:
    9         (a) “Complaint” means an allegation that fraud, abuse, or
   10  coercion has occurred.
   11         (b)“Department” means the Department of Health.
   12         (c)“Eligible client” means a pregnant woman or a woman who
   13  suspects that she is pregnant, and the family of such a woman,
   14  who voluntarily seeks pregnancy support services. The period of
   15  eligibility may continue for, but may not exceed, 12 months
   16  after the birth of the child.
   17         (d)“Florida Pregnancy Care Network, Inc.,” or “network”
   18  means the not-for-profit statewide alliance of pregnancy support
   19  organizations that provide pregnancy support services through a
   20  comprehensive system of care to women and their families.
   21         (e) “Fraud” means an intentional deception or
   22  misrepresentation made by a person with the knowledge that the
   23  deception results in an unauthorized benefit to herself or
   24  himself or to another person. The term includes any act that
   25  constitutes fraud under applicable federal or state law.
   26         (f)“Pregnancy support services” means services that
   27  promote and encourage childbirth, including, but not limited to:
   28         1.Direct client services, such as pregnancy testing,
   29  counseling, referral, training, and education for pregnant women
   30  and their families.
   31         2.Program awareness activities, including a promotional
   32  campaign to educate the public about the pregnancy support
   33  services offered by the network and a website that provides
   34  information on the location of providers in the user’s area, as
   35  well as other available community resources.
   36         3.Communication activities, including the operation and
   37  maintenance of a hotline or call center with a single statewide
   38  toll-free telephone number which is available 24 hours a day for
   39  an eligible client to obtain the location and contact
   40  information for a pregnancy center located in his or her area.
   41         (g)“Wellness services” means services or activities
   42  intended to maintain and improve health or prevent illness and
   43  injury, including, but not limited to, high blood pressure
   44  screening, anemia testing, thyroid screening, cholesterol
   45  screening, diabetes screening, and assistance with smoking
   46  cessation.
   47         (2) DEPARTMENT DUTIES.—The department shall contract with
   48  the network for the management and delivery of pregnancy support
   49  and wellness services to eligible clients.
   50         (3)CONTRACT REQUIREMENTS.—The department contract must
   51  specify the contract deliverables, including financial reports
   52  and other reports due to the department, timeframes for
   53  achieving contractual obligations, and any other requirements
   54  that the department determines are necessary, such as staffing
   55  and location requirements. The contract must require the network
   56  to:
   57         (a)Establish, implement, and monitor a comprehensive
   58  system of care through subcontractors which meets the pregnancy
   59  support and wellness needs of eligible clients.
   60         (b)Establish and manage subcontracts with a sufficient
   61  number of providers to ensure the availability of pregnancy
   62  support and wellness services for eligible clients and maintain
   63  and manage the delivery of such services throughout the contract
   64  period.
   65         (c)Spend at least 90 percent of contract funds on
   66  pregnancy support and wellness services.
   67         (d)Offer wellness services through vouchers or other
   68  appropriate arrangements that allow the purchase of services
   69  from qualified health care providers.
   70         (e)Require a background screening, as provided in s.
   71  943.0542, for all paid staff and volunteers of a subcontractor
   72  if such staff or volunteers provide direct client services to an
   73  eligible client who is a minor or an elderly person or who has a
   74  disability.
   75         (f)Annually survey its subcontractors and specify the
   76  sanctions that will be imposed for noncompliance with the terms
   77  of a subcontract.
   78         (g)Subcontract only with providers that exclusively
   79  promote and support childbirth.
   80         (h)Ensure that informational materials provided to an
   81  eligible client by a provider are current and accurate and cite
   82  the source of any medical statement included in the materials.
   83         (4)SERVICES.—Services provided pursuant to this section
   84  must be provided in a noncoercive manner and instructional
   85  materials may not include any faith-based content.
   86         (5) COMPLAINTS.—The department shall establish a procedure
   87  for the investigation and resolution of complaints and
   88  grievances from eligible clients, maintain a record of
   89  complaints, and ensure that the providers inform all eligible
   90  clients and providers as to how to report suspected fraud or
   91  abuse. The department shall investigate complaints to determine
   92  whether a provider is in compliance with this section and the
   93  terms of its contract. The department shall notify subject
   94  providers and the network of complaints and a written report of
   95  the results of its investigation.
   96         (6) COMPLIANCE.—The department shall conduct periodic
   97  unannounced onsite visits to the subcontracted providers to
   98  ensure that they are in compliance with the department’s
   99  contract requirements. The network must deny or reduce funds or
  100  cancel its contract with a provider if the department determines
  101  that the provider is not in compliance with the contract terms.
  102         Section 2. This act shall take effect July 1, 2018.
  104  ================= T I T L E  A M E N D M E N T ================
  105  And the title is amended as follows:
  106         Delete everything before the enacting clause
  107  and insert:
  108                        A bill to be entitled                      
  109         An act relating to pregnancy support services;
  110         creating s. 381.96, F.S.; providing definitions;
  111         requiring the Department of Health to contract with a
  112         not-for-profit statewide network of organizations to
  113         provide pregnancy support and wellness services
  114         through subcontractors; providing duties of the
  115         department; providing contract requirements; requiring
  116         the contractor to spend a specified percentage of
  117         funds on direct client services; providing for
  118         subcontractor background screenings under certain
  119         circumstances; requiring the contractor to annually
  120         survey subcontractors; specifying the entities
  121         eligible for a subcontract; requiring services to be
  122         provided in a noncoercive manner; forbidding the
  123         inclusion of faith-based content in informational
  124         materials; requiring the department to establish a
  125         procedure for the investigation and resolution of
  126         complaints and grievances made by eligible clients;
  127         requiring the department to investigate such
  128         complaints and to notify subject providers and the
  129         network of complaints and to provide them with a
  130         written report of the results of the investigation;
  131         requiring the department to conduct periodic
  132         unannounced onsite visits to subcontracted providers;
  133         requiring the network to deny or reduce funds or
  134         cancel its contract with a provider if the department
  135         determines that a provider is not in compliance with
  136         the contract terms; providing an effective date.