Florida Senate - 2011 SB 374
By Senator Bogdanoff
25-00376-11 2011374__
1 A bill to be entitled
2 An act relating to health and human services
3 contracts; establishing the Health and Human Services
4 Contract Resource Center to be administratively housed
5 in the Department of Management Services; providing
6 the center’s duties; establishing a board of trustees
7 composed of certain agency heads; providing for an
8 executive director appointed by the Governor;
9 providing for implementation by a certain date;
10 amending s. 287.057, F.S.; exempting services provided
11 by an eligible lead community-based provider from
12 being subject to the state competitive bidding
13 process; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Health and Human Services Contract Resource
18 Center.—The Health and Human Services Contract Resource Center
19 is created and housed for administrative purposes only in the
20 Department of Management Services. The Legislature intends that
21 the center serve as a single, consolidated unit for the
22 administrative and fiscal contract management of health and
23 human services outsourced by the Department of Children and
24 Family Services, the Department of Elderly Affairs, the
25 Department of Health, the Agency for Persons with Disabilities,
26 the Department of Juvenile Justice, and the Agency for Health
27 Care Administration.
28 (1) CENTER DUTIES.—The center shall:
29 (a) Serve as the lead state agency for all administrative
30 and fiscal matters related to health and human services
31 contracts.
32 (b) Provide administrative and fiscal monitoring activities
33 in coordination with the agency responsible for the program
34 components related to the services provided by the health and
35 human services contract.
36 (c) Establish administrative and fiscal performance
37 standards for vendors providing health and human services. The
38 standards shall be used in contract monitoring and as part of
39 each agency’s evaluation of competitive bids for health and
40 human services.
41 (d) Develop uniform policies, contract administrative
42 requirements, and monitoring protocols related to the
43 administrative and fiscal requirements of vendors providing
44 health and human services.
45 (e) Establish or arrange for the establishment of a
46 consolidated data warehouse and archive to maintain the
47 corporate, fiscal, and administrative records of health and
48 human services vendors. The center shall ensure that this data
49 is up to date and accessible to other agencies, participating
50 vendors, and the general public through web-based technology.
51 The records may include, but need not be limited to:
52 1. Articles of incorporation.
53 2. Bylaws.
54 3. Governing board and committee meeting minutes.
55 4. Financial audits.
56 5. Organizational charts.
57 (f) Manage the administrative and fiscal data in a manner
58 that allows contract information to be aggregated and assessed
59 to determine the amount, value, and achievement of
60 administrative standards by vendor, by agency, and by type of
61 service.
62 (g) Establish a consolidated schedule for site visits to
63 monitor and evaluate the administrative and fiscal compliance of
64 vendors providing health and human services. The center shall
65 facilitate joint site visits with agency programmatic staff
66 whenever possible.
67 (h) Create an enterprise that allows nonstate agencies to
68 purchase center services. Eligible buyers include, but are not
69 limited to, local governments, nongovernmental organizations,
70 and vendors that have contracts for health and human services
71 with other local service agencies or organizations.
72 (2) BOARD OF TRUSTEES.—
73 (a) The center shall be governed by a board of trustees
74 consisting of the agency heads, or designees, of the Department
75 of Children and Family Services, the Department of Health, the
76 Department of Elderly Affairs, the Agency for Persons with
77 Disabilities, the Department of Juvenile Justice, and the Agency
78 for Health Care Administration. The chair of the board shall be
79 appointed by the Governor from the participating agency heads.
80 (b) The board shall approve an annual work program and
81 business plan, review and approve center policies, and establish
82 a mechanism for receiving and evaluating feedback from health
83 and human services vendors.
84 (3) EXECUTIVE DIRECTOR.—The Governor shall appoint an
85 executive director of the center. The executive director must
86 have a graduate degree from an accredited institution and at
87 least 7 years of executive-level experience.
88 (4) IMPLEMENTATION.—The activities of the center shall be
89 phased in beginning with children’s services contracts of the
90 Department of Children and Family Services and the Department of
91 Health. Other agency contracts shall be incorporated into the
92 center’s management protocols in accordance with a schedule
93 developed by the board of trustees and approved by the
94 Legislative Budget Commission. However, the phasing in of all
95 agency contracts must be completed by June 30, 2011.
96 Section 2. Paragraph (f) of subsection (3) of section
97 287.057, Florida Statutes, is amended to read:
98 287.057 Procurement of commodities or contractual
99 services.—
100 (3) When the purchase price of commodities or contractual
101 services exceeds the threshold amount provided in s. 287.017 for
102 CATEGORY TWO, no purchase of commodities or contractual services
103 may be made without receiving competitive sealed bids,
104 competitive sealed proposals, or competitive sealed replies
105 unless:
106 (f) The purchase is for any of the following contractual
107 services and commodities are not subject to the competitive
108 solicitation requirements of this section:
109 1. Artistic services. For the purposes of this subsection,
110 the term “artistic services” does not include advertising or
111 typesetting. As used in this subparagraph, the term
112 “advertising” means the making of a representation in any form
113 in connection with a trade, business, craft, or profession in
114 order to promote the supply of commodities or services by the
115 person promoting the commodities or contractual services.
116 2. Academic program reviews if the fee for such services
117 does not exceed $50,000.
118 3. Lectures by individuals.
119 4. Legal services, including attorney, paralegal, expert
120 witness, appraisal, or mediator services.
121 5.a. Health services involving examination, diagnosis,
122 treatment, prevention, medical consultation, or administration.
123 b. Beginning January 1, 2011, health services, also
124 includes including, but is not limited to, substance abuse and
125 mental health services, involving examination, diagnosis,
126 treatment, prevention, or medical consultation, if when such
127 services are offered to eligible individuals participating in a
128 specific program that qualifies multiple providers and uses a
129 standard payment methodology. Reimbursement for the of
130 administrative costs of for providers of services purchased in
131 this manner are shall also be exempt. For purposes of this
132 subparagraph sub-subparagraph, the term “providers” means health
133 professionals, health facilities, or organizations that deliver
134 or arrange for the delivery of health services.
135 6. Services provided to persons with mental or physical
136 disabilities by not-for-profit corporations which have obtained
137 exemptions under the provisions of s. 501(c)(3) of the United
138 States Internal Revenue Code or when such services are governed
139 by the provisions of Office of Management and Budget Circular A
140 122. However, in acquiring such services, the agency shall
141 consider the ability of the vendor, past performance,
142 willingness to meet time requirements, and price.
143 7. Medicaid services delivered to an eligible Medicaid
144 recipient unless the agency is directed otherwise by in law.
145 8. Family placement services.
146 9. Services provided by an eligible lead community-based
147 provider as described in s. 409.1671(1)(e) currently under
148 contract with the Department of Children and Family Services and
149 in compliance with the department’s performance, fiscal, and
150 administrative standards.
151 10.9. Prevention services related to mental health,
152 including drug abuse prevention programs, child abuse prevention
153 programs, and shelters for runaways, operated by not-for-profit
154 corporations. However, in acquiring such services, the agency
155 must shall consider the ability of the vendor, past performance,
156 willingness to meet time requirements, and price.
157 11.10. Training and education services provided to injured
158 employees pursuant to s. 440.491(6).
159 12.11. Contracts entered into pursuant to s. 337.11.
160 13.12. Services or commodities provided by governmental
161 agencies.
162 Section 3. This act shall take effect July 1, 2011.