Bill Text: FL S0374 | 2011 | Regular Session | Comm Sub
Bill Title: Health and Human Services Contracts
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0374 Detail]
Download: Florida-2011-S0374-Comm_Sub.html
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, 20112010, 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, 20112010, 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, 20112010, effective November 1, 20112010, or 30 days 149 after receiving the list provided under paragraph (b)subsection150(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 Councilagreement of all161affected 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 Councilagreement of173all affected contract managersor 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 commoditiesare not subject to the competitive229solicitation 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. 244b.Beginning January 1, 2011, health services, also 245 includesincluding, but is not limited to, substance abuse and 246 mental health services, involving examination, diagnosis, 247 treatment, prevention, or medical consultation, ifwhensuch 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 theof251 administrative costs offorproviders of services purchased in 252 this manner areshallalsobeexempt. For purposes of this 253 subparagraphsub-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 underthe provisions ofs. 501(c)(3) of the United 259 States Internal Revenue Code orwhensuch servicesaregoverned 260 bytheprovisions ofOffice 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 byinlaw. 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 mustshallconsider 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.