Bill Text: FL S1466 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Child Welfare/Mental Health and Substance Abuse [WPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Senate, companion bill(s) passed, see HB 5305 (Ch. 2010-158), HB 5307 (Ch. 2010-159) [S1466 Detail]

Download: Florida-2010-S1466-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 1466 
 
By the Committee on Health and Human Services Appropriations; 
and Senator Peaden 
603-03259-10                                          20101466c1 
1                        A bill to be entitled 
2         An act relating to child welfare services and mental 
3         health and substance abuse; limiting state agency 
4         contract monitoring to once every 3 years if the 
5         contracted provider is subject to accreditation 
6         surveys by specified accreditation organizations; 
7         providing exceptions; allowing the establishment of an 
8         Internet-based data warehouse to maintain the records 
9         of contract providers; requiring state agencies to use 
10         the warehouse for document requests; specifying the 
11         information that such records must include; amending 
12         s. 402.7305, F.S.; limiting the Department of Children 
13         and Family Services to one contract monitoring of a 
14         child-caring or child-placing contract provider per 
15         year; repealing s. 394.655, F.S., relating to the 
16         Florida Substance Abuse and Mental Health Corporation; 
17         providing an effective date. 
18 
19  Be It Enacted by the Legislature of the State of Florida: 
20 
21         Section 1. Contracts for child welfare services.—The 
22  Department of Children and Family Services, the Department of 
23  Health, the Department of Juvenile Justice, the Agency for 
24  Persons with Disabilities, the Agency for Health Care 
25  Administration, and the community-based care lead agencies shall 
26  identify and implement changes that improve efficiency in 
27  contract administration for child welfare services. To assist 
28  with that goal, each agency shall adopt the following policies: 
29         (1) Limit administrative monitoring to once every 3 years 
30  if the contracted provider is accredited by the Joint Commission 
31  on the Accreditation of Healthcare Organizations, the Commission 
32  on Accreditation of Rehabilitation Facilities, or the Council on 
33  Accreditation. Notwithstanding the survey or inspection of an 
34  accrediting organization, the department or agency may continue 
35  to monitor the provider as necessary with respect to: 
36         (a) Ensuring that services for which the agency is paying 
37  are being provided. 
38         (b) Investigating complaints or suspected problems and 
39  monitoring the provider’s compliance with any resulting 
40  negotiated terms and conditions, including provisions relating 
41  to consent decrees that are unique to a specific contract and 
42  are not statements of general applicability. 
43         (c) Ensuring compliance with federal and state laws, 
44  federal regulations, or state rules if such monitoring does not 
45  duplicate the accrediting organization’s review pursuant to 
46  accreditation standards. 
47         (2) Allow private-sector development and implementation of 
48  an Internet-based, secure, and consolidated data warehouse and 
49  archive for maintaining corporate, fiscal, and administrative 
50  records of child welfare provider contracts. Providers must 
51  ensure that the data is up to date and accessible to the 
52  contracting state agency and the contracting provider. State 
53  agencies that contract with child welfare providers must use the 
54  data warehouse for document requests. If information is not 
55  current or is unavailable from the provider’s data warehouse and 
56  archive, the state agency may contact the provider directly. At 
57  a minimum, the records must include the provider’s: 
58         (a) Articles of incorporation. 
59         (b) Bylaws. 
60         (c) Governing board and committee minutes. 
61         (d) Financial audits. 
62         (e) Expenditure reports. 
63         (f) Compliance audits. 
64         (g) Organizational charts. 
65         (h) Governing board membership information. 
66         (i) Human resource policies and procedures. 
67         Section 2. Subsection (4) of section 402.7305, Florida 
68  Statutes, is amended to read: 
69         402.7305 Department of Children and Family Services; 
70  procurement of contractual services; contract management.— 
71         (4) CONTRACT MONITORING REQUIREMENTS AND PROCESS.—The 
72  department shall establish contract monitoring units staffed by 
73  career service employees who report to a member of the Selected 
74  Exempt Service or Senior Management Service and who have been 
75  properly trained to perform contract monitoring., with At least 
76  one member of the contract monitoring unit must possess 
77  possessing specific knowledge and experience in the contract’s 
78  program area. The department shall establish a contract 
79  monitoring process that includes must include, but need not be 
80  limited to, the following requirements: 
81         (a) Performing a risk assessment at the start of each 
82  fiscal year and preparing an annual contract monitoring schedule 
83  that considers includes consideration for the level of risk 
84  assigned. The department may monitor any contract at any time 
85  regardless of whether such monitoring was originally included in 
86  the annual contract monitoring schedule. 
87         (b) Preparing a contract monitoring plan, including 
88  sampling procedures, before performing onsite monitoring at 
89  external locations of a service provider. The plan must include 
90  a description of the programmatic, fiscal, and administrative 
91  components that will be monitored on site. If appropriate, 
92  clinical and therapeutic components may be included. 
93         (c) Conducting analyses of the performance and compliance 
94  of an external service provider by means of desk reviews if the 
95  external service provider will not be monitored on site during a 
96  fiscal year. 
97         (d) Unless the department sets forth in writing the need 
98  for an extension, providing a written report presenting the 
99  results of the monitoring within 30 days after the completion of 
100  the onsite monitoring or desk review. 
101         (e) Developing and maintaining a set of procedures 
102  describing the contract monitoring process. 
103 
104  Notwithstanding any other provision of the section, the 
105  department shall limit contract monitoring of a child-caring or 
106  child-placing services provider to only once per year. Such 
107  monitoring may not duplicate administrative monitoring that is 
108  included in the survey of a contract provider conducted by a 
109  national accreditation organization. 
110         Section 3. Section 394.655, Florida Statutes, is repealed. 
111         Section 4. This act shall take effect July 1, 2010.