Florida Senate - 2011                                     SB 528
       
       
       
       By Senator Oelrich
       
       
       
       
       14-00644-11                                            2011528__
    1                        A bill to be entitled                      
    2         An act relating to the creation of the Department of
    3         Health and Human Services; amending s. 20.04, F.S.;
    4         authorizing the department to establish regions headed
    5         by deputy secretaries; conforming terminology;
    6         creating s. 20.601, F.S.; creating the Department of
    7         Health and Human Services; providing for mission and
    8         purpose; providing for appointment of a Secretary of
    9         Health and Human Services by the Governor; providing
   10         duties of the secretary; authorizing the secretary to
   11         appoint regional deputy secretaries; establishing
   12         regions for the administration of program services;
   13         establishing program divisions within each region;
   14         requiring the department to consult with counties
   15         regarding mandated programs; providing guidelines for
   16         procurement of health services; creating s. 20.602,
   17         F.S.; establishing the Central Office of Investigative
   18         Services; providing duties; establishing the Office of
   19         Inspector General in the Central Office of
   20         Investigative Services; requiring each region to have
   21         a separate investigative office; amending s. 1001.706,
   22         F.S.; directing the Board of Governors to establish
   23         regional policy development and research exchange
   24         centers at specified state universities for certain
   25         purposes; repealing s. 20.19, F.S., relating to the
   26         Department of Children and Family Services; repealing
   27         s. 20.195, F.S., relating to Department of Children
   28         and Family Services trust funds; repealing s. 20.197,
   29         F.S., relating to the Agency for Persons with
   30         Disabilities; repealing s. 20.1971, F.S., relating to
   31         the Agency for Persons with Disabilities trust funds;
   32         repealing s. 20.42, F.S., relating to the Agency for
   33         Health Care Administration; repealing s. 20.425, F.S.,
   34         relating to Agency for Health Care Administration
   35         trust funds; repealing s. 20.43, F.S., relating to the
   36         Department of Health; repealing s. 20.435, F.S.,
   37         relating to Department of Health trust funds;
   38         providing a directive to the Division of Statutory
   39         Revision to change the name of the Department of
   40         Children and Family Services to the Department of
   41         Health and Human Services; transferring and
   42         reassigning certain functions and responsibilities,
   43         including records, personnel, property, and unexpended
   44         balances of appropriations and other resources, from
   45         the Agency for Health Care Administration, the Agency
   46         for Persons with Disabilities, the Department of
   47         Children and Family Services, and the Department of
   48         Health to the Department of Health and Human Services
   49         by a type two transfer; providing an effective date.
   50  
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Subsections (3) and (4) and paragraph (b) of
   54  subsection (7) of section 20.04, Florida Statutes, are amended
   55  to read:
   56         20.04 Structure of executive branch.—The executive branch
   57  of state government is structured as follows:
   58         (3) For their internal structure, all departments, except
   59  for the Department of Financial Services, the Department of
   60  Health and Human Children and Family Services, the Department of
   61  Corrections, the Department of Management Services, the
   62  Department of Revenue, and the Department of Transportation,
   63  must adhere to the following standard terms:
   64         (a) The principal unit of the department is the “division.”
   65  Each division is headed by a “director.”
   66         (b) The principal unit of the division is the “bureau.”
   67  Each bureau is headed by a “chief.”
   68         (c) The principal unit of the bureau is the “section.” Each
   69  section is headed by an “administrator.”
   70         (d) If further subdivision is necessary, sections may be
   71  divided into “subsections,” which are headed by “supervisors.”
   72         (4) Within the Department of Health and Human Children and
   73  Family Services there are organizational units called “regions”
   74  headed by deputy secretaries “program offices,” headed by
   75  program directors.
   76         (7)
   77         (b) Within the limitations of this subsection, the head of
   78  the department may recommend the establishment of additional
   79  divisions, bureaus, sections, and subsections of the department
   80  to promote efficient and effective operation of the department.
   81  However, additional divisions, or offices in the Department of
   82  Health and Human Children and Family Services, the Department of
   83  Corrections, and the Department of Transportation, may be
   84  established only by specific statutory enactment. New bureaus,
   85  sections, and subsections of departments may be initiated by a
   86  department and established as recommended by the Department of
   87  Management Services and approved by the Executive Office of the
   88  Governor, or may be established by specific statutory enactment.
   89         Section 2. Section 20.601, Florida Statutes, is created to
   90  read:
   91         20.601 Department of Health and Human Services.—There is
   92  created a Department of Health and Human Services.
   93         (1) MISSION AND PURPOSE.—
   94         (a) The mission of the Department of Health and Human
   95  Services is to:
   96         1. Work in partnership with local communities to implement
   97  state health policy.
   98         2. Identify technologies and opportunities for gains in
   99  productivity associated with the greater level of integration of
  100  the delivery of health and human services.
  101         3. Estimate the amount of workforce reduction as a result
  102  of the integration of service delivery systems.
  103         4. Estimate the reduction in the need for office or work
  104  space as a result of increased use of technology and the
  105  regionalization of health care operations.
  106         5. Eliminate duplicative functions as a result of the
  107  merging of the functions of the Agency for Health Care
  108  Administration, the Agency for Persons with Disabilities, the
  109  Department of Children and Family Services, and the Department
  110  of Health into the department.
  111         (b) The department shall develop a strategic plan for
  112  fulfilling its mission and establish a set of measurable goals,
  113  objectives, performance standards, and quality assurance
  114  requirements to ensure that the department is accountable to the
  115  people of Florida.
  116         (2) SECRETARY OF HEALTH AND HUMAN SERVICES; DEPUTY
  117  SECRETARIES.—
  118         (a) The head of the department is the Secretary of Health
  119  and Human Services. The secretary is appointed by the Governor,
  120  subject to confirmation by the Senate. The secretary serves at
  121  the pleasure of the Governor.
  122         (b) The secretary has the authority and responsibility to
  123  ensure that the mission of the department is fulfilled in
  124  accordance with state and federal laws, rules, and regulations.
  125         (c) The secretary shall appoint six deputy secretaries who
  126  shall lead the six regions. The deputy secretaries are directly
  127  responsible to the secretary, perform such duties as are
  128  assigned by the secretary, and serve at the pleasure of the
  129  secretary.
  130         (d) The secretary shall plan and administer program
  131  services through regions that conform to the geographic
  132  boundaries of the judicial circuits established in s. 26.021.
  133  The department shall establish regional divisions as follows:
  134         1. Region 1, Northwest Region.—Escambia, Santa Rosa,
  135  Okaloosa, Walton, Holmes, Washington, Bay, Jackson, Calhoun,
  136  Gulf, Gadsden, Liberty, Franklin, Leon, Wakulla, and Jefferson
  137  Counties.
  138         2. Region 2, Northeast Region.-Madison, Taylor, Hamilton,
  139  Suwannee, Lafayette, Dixie, Columbia, Gilchrist, Levy, Union,
  140  Bradford, Putnam, Alachua, Baker, Nassau, Duval, Clay, St.
  141  Johns, Flagler, and Volusia Counties.
  142         3. Region 3, Central Region.-Marion, Citrus, Hernando,
  143  Sumter, Lake, Polk, Hardee, Highlands, Seminole, Orange,
  144  Osceola, Brevard, Indian River, Okeechobee, St. Lucie, and
  145  Martin Counties.
  146         4. Region 4, Suncoast Region.–Pasco, Pinellas,
  147  Hillsborough, Manatee, Sarasota, DeSoto, Charlotte, Lee, Glades,
  148  Hendry, and Collier Counties.
  149         5. Region 5, Southeast Region.—Palm Beach and Broward
  150  Counties.
  151         6. Region 6, Southern Region.—Miami-Dade and Monroe
  152  Counties.
  153         (3) PROGRAM DIVISIONS.—
  154         (a) The department is authorized to establish program
  155  divisions within each region, each of which shall be headed by a
  156  director or other management position who shall be appointed by
  157  and serves at the pleasure of the secretary.
  158         (b) The following program divisions are established:
  159         1. Adult Services.
  160         2. Child Care Services.
  161         3. Foster Care Services.
  162         4. Long-term Care Services.
  163         5. Medicaid Services.
  164         6. Quality Assurance Services.
  165         7. Domestic Violence Services.
  166         8. Economic Self-Sufficiency Services.
  167         9. Family Safety Services.
  168         10. Mental Health Services.
  169         11. Refugee Services.
  170         12. Substance Abuse Services.
  171         13. Contracting Services.
  172         14. Legal Services.
  173         15. Administration Services.
  174         16. Benefits Services.
  175         (c) Program divisions may be consolidated, restructured, or
  176  rearranged by the secretary, in consultation with the Executive
  177  Office of the Governor, provided any such consolidation,
  178  restructuring, or rearranging is capable of meeting functions
  179  and activities and achieving outcomes as delineated in state and
  180  federal laws, rules, and regulations. The secretary may appoint
  181  additional managers and administrators as he or she determines
  182  are necessary for the effective management of the department.
  183         (4) CONSULTATION WITH COUNTIES ON MANDATED PROGRAMS.—It is
  184  the intent of the Legislature that when county governments are
  185  required by law to participate in the funding of programs, the
  186  department shall consult with designated representatives of
  187  county governments in developing policies and service delivery
  188  plans for those programs.
  189         (5) PROCUREMENT OF HEALTH SERVICES.—Nothing contained in
  190  chapter 287 shall require competitive bids for health services
  191  involving examination, diagnosis, or treatment.
  192         Section 3. Section 20.602, Florida Statutes, is created to
  193  read:
  194         20.602 Central Office of Investigative Services; purpose.—
  195         (1) The Central Office of Investigative Services is
  196  responsible for:
  197         (a) All investigations relating to child abuse, adult
  198  abuse, Medicaid fraud, and complaints against health care
  199  professionals, health care providers, and managed care
  200  organizations.
  201         (b) Reporting the findings of the regional offices to the
  202  United States Department of Health and Human Services.
  203         (c) Coordinating investigations with federal agencies to
  204  implement health care mandates.
  205         (d) Coordinating investigations statewide and providing
  206  regional oversight.
  207         (2) The Office of Inspector General is established in the
  208  Central Office of Investigative Services to review complaints
  209  regarding the conduct of investigators and investigations.
  210         (3) Each region established under s. 20.601 shall have a
  211  separate investigative office that shall conduct investigations,
  212  collect information regarding complaints, and report such
  213  findings to the Central Office of Investigative Services.
  214         Section 4. Subsection (11) is added to section 1001.706,
  215  Florida Statutes, to read:
  216         1001.706 Powers and duties of the Board of Governors.—
  217         (11) REGIONAL POLICY DEVELOPMENT AND RESEARCH EXCHANGE
  218  CENTERS.—The Board of Governors shall establish a regional
  219  policy development and research exchange center at one state
  220  university located in each of the six regional divisions
  221  established under s. 20.601. Each exchange center shall:
  222         (a) Review data on subjects, including, but not limited to,
  223  developmental disabilities, aging, Medicaid and managed care,
  224  frontline caregivers, mental health, substance abuse, HIV/AIDS,
  225  long-term care, community-based care, biological sciences, and
  226  children’s health and services issues.
  227         (b) Examine data, including, but not limited to, encounter
  228  data and cost-effectiveness data, and conduct field interviews
  229  with providers and consumers.
  230         (c) Make research findings available to the public through
  231  the Internet with the opportunity for public comment.
  232         (d) Provide recommendations to the Department of Health and
  233  Human Services, the President of the Senate, and the Speaker of
  234  the House of Representatives regarding health and human services
  235  policies.
  236         Section 5. Sections 20.19, 20.195, 20.197, 20.1971, 20.42,
  237  20.425, 20.43, and 20.435, Florida Statutes, are repealed.
  238         Section 6. The Division of Statutory Revision of the Joint
  239  Legislative Management Committee is directed to prepare a
  240  reviser’s bill for introduction at a subsequent session of the
  241  Legislature to change the term “Department of Children and
  242  Family Services” to “Department of Health and Human Services,”
  243  the term “Secretary of Children and Family Services” to
  244  “Secretary of Health and Human Services,” and the term “district
  245  administrator” to “deputy secretary,” as that term relates to
  246  the administrative duties of a district administrator in a
  247  region, wherever those terms appear in the Florida Statutes.
  248         Section 7. All powers, duties, functions, records, offices,
  249  personnel, property, pending issues and existing contracts,
  250  administrative authority, administrative rules, and unexpended
  251  balances of appropriations, allocations, and other funds of the
  252  Agency for Health Care Administration, the Agency for Persons
  253  with Disabilities, the Department of Children and Family
  254  Services, and the Department of Health are transferred by a type
  255  two transfer, as defined in s. 20.06(2), Florida Statutes, to
  256  the Department of Health and Human Services.
  257         Section 8. This act shall take effect July 1, 2011.