HB 115

1
A bill to be entitled
2An act relating to the creation of the Department of
3Health and Human Services; amending s. 20.04, F.S.;
4authorizing the department to establish regions headed by
5deputy secretaries; conforming terminology; creating s.
620.601, F.S.; creating the Department of Health and Human
7Services; providing for mission and purpose; providing for
8appointment of a Secretary of Health and Human Services by
9the Governor; providing duties of the secretary;
10authorizing the secretary to appoint regional deputy
11secretaries; establishing regions for the administration
12of program services; establishing program divisions within
13each region; requiring the department to consult with
14counties regarding mandated programs; providing guidelines
15for procurement of health services; creating s. 20.602,
16F.S.; establishing the Central Office of Investigative
17Services; providing duties; establishing the Office of
18Inspector General in the Central Office of Investigative
19Services; requiring each region to have a separate
20investigative office; amending s. 1001.706, F.S.;
21directing the Board of Governors to establish regional
22policy development and research exchange centers at
23specified state universities for certain purposes;
24repealing s. 20.19, F.S., relating to the Department of
25Children and Family Services; repealing s. 20.195, F.S.,
26relating to Department of Children and Family Services
27trust funds; repealing s. 20.197, F.S., relating to the
28Agency for Persons with Disabilities; repealing s.
2920.1971, F.S., relating to the Agency for Persons with
30Disabilities trust funds; repealing s. 20.42, F.S.,
31relating to the Agency for Health Care Administration;
32repealing s. 20.425, F.S., relating to Agency for Health
33Care Administration trust funds; repealing s. 20.43, F.S.,
34relating to the Department of Health; repealing s. 20.435,
35F.S., relating to Department of Health trust funds;
36providing a directive to the Division of Statutory
37Revision to change the name of the Department of Children
38and Family Services to the Department of Health and Human
39Services; transferring and reassigning certain functions
40and responsibilities, including records, personnel,
41property, and unexpended balances of appropriations and
42other resources, from the Agency for Health Care
43Administration, the Agency for Persons with Disabilities,
44the Department of Children and Family Services, and the
45Department of Health to the Department of Health and Human
46Services by a type two transfer; providing an effective
47date.
48
49Be It Enacted by the Legislature of the State of Florida:
50
51     Section 1.  Subsections (3) and (4) and paragraph (b) of
52subsection (7) of section 20.04, Florida Statutes, are amended
53to read:
54     20.04  Structure of executive branch.-The executive branch
55of state government is structured as follows:
56     (3)  For their internal structure, all departments, except
57for the Department of Financial Services, the Department of
58Health and Human Children and Family Services, the Department of
59Corrections, the Department of Management Services, the
60Department of Revenue, and the Department of Transportation,
61must adhere to the following standard terms:
62     (a)  The principal unit of the department is the
63"division." Each division is headed by a "director."
64     (b)  The principal unit of the division is the "bureau."
65Each bureau is headed by a "chief."
66     (c)  The principal unit of the bureau is the "section."
67Each section is headed by an "administrator."
68     (d)  If further subdivision is necessary, sections may be
69divided into "subsections," which are headed by "supervisors."
70     (4)  Within the Department of Health and Human Children and
71Family Services there are organizational units called "regions"
72headed by deputy secretaries "program offices," headed by
73program directors.
74     (7)
75     (b)  Within the limitations of this subsection, the head of
76the department may recommend the establishment of additional
77divisions, bureaus, sections, and subsections of the department
78to promote efficient and effective operation of the department.
79However, additional divisions, or offices in the Department of
80Health and Human Children and Family Services, the Department of
81Corrections, and the Department of Transportation, may be
82established only by specific statutory enactment. New bureaus,
83sections, and subsections of departments may be initiated by a
84department and established as recommended by the Department of
85Management Services and approved by the Executive Office of the
86Governor, or may be established by specific statutory enactment.
87     Section 2.  Section 20.601, Florida Statutes, is created to
88read:
89     20.601  Department of Health and Human Services.-There is
90created a Department of Health and Human Services.
91     (1)  MISSION AND PURPOSE.-
92     (a)  The mission of the Department of Health and Human
93Services is to:
94     1.  Work in partnership with local communities to implement
95state health policy.
96     2.  Identify technologies and opportunities for gains in
97productivity associated with the greater level of integration of
98the delivery of health and human services.
99     3.  Estimate the amount of workforce reduction as a result
100of the integration of service delivery systems.
101     4.  Estimate the reduction in the need for office or work
102space as a result of increased use of technology and the
103regionalization of health care operations.
104     5.  Eliminate duplicative functions as a result of the
105merging of the functions of the Agency for Health Care
106Administration, the Agency for Persons with Disabilities, the
107Department of Children and Family Services, and the Department
108of Health into the department.
109     (b)  The department shall develop a strategic plan for
110fulfilling its mission and establish a set of measurable goals,
111objectives, performance standards, and quality assurance
112requirements to ensure that the department is accountable to the
113people of Florida.
114     (2)  SECRETARY OF HEALTH AND HUMAN SERVICES; DEPUTY
115SECRETARIES.-
116     (a)  The head of the department is the Secretary of Health
117and Human Services. The secretary is appointed by the Governor,
118subject to confirmation by the Senate. The secretary serves at
119the pleasure of the Governor.
120     (b)  The secretary has the authority and responsibility to
121ensure that the mission of the department is fulfilled in
122accordance with state and federal laws, rules, and regulations.
123     (c)  The secretary shall appoint six deputy secretaries who
124shall lead the six regions. The deputy secretaries are directly
125responsible to the secretary, perform such duties as are
126assigned by the secretary, and serve at the pleasure of the
127secretary.
128     (d)  The secretary shall plan and administer program
129services through regions that conform to the geographic
130boundaries of the judicial circuits established in s. 26.021.
131The department shall establish regional divisions as follows:
132     1.  Region 1, Northwest Region.-Escambia, Santa Rosa,
133Okaloosa, Walton, Holmes, Washington, Bay, Jackson, Calhoun,
134Gulf, Gadsden, Liberty, Franklin, Leon, Wakulla, and Jefferson
135Counties.
136     2.  Region 2, Northeast Region.-Madison, Taylor, Hamilton,
137Suwannee, Lafayette, Dixie, Columbia, Gilchrist, Levy, Union,
138Bradford, Putnam, Alachua, Baker, Nassau, Duval, Clay, St.
139Johns, Flagler, and Volusia Counties.
140     3.  Region 3, Central Region.-Marion, Citrus, Hernando,
141Sumter, Lake, Polk, Hardee, Highlands, Seminole, Orange,
142Osceola, Brevard, Indian River, Okeechobee, St. Lucie, and
143Martin Counties.
144     4.  Region 4, Suncoast Region.-Pasco, Pinellas,
145Hillsborough, Manatee, Sarasota, DeSoto, Charlotte, Lee, Glades,
146Hendry, and Collier Counties.
147     5.  Region 5, Southeast Region.-Palm Beach and Broward
148Counties.
149     6.  Region 6, Southern Region.-Miami-Dade and Monroe
150Counties.
151     (3)  PROGRAM DIVISIONS.-
152     (a)  The department is authorized to establish program
153divisions within each region, each of which shall be headed by a
154director or other management position who shall be appointed by
155and serves at the pleasure of the secretary.
156     (b)  The following program divisions are established:
157     1.  Adult Services.
158     2.  Child Care Services.
159     3.  Foster Care Services.
160     4.  Long-term Care Services.
161     5.  Medicaid Services.
162     6.  Quality Assurance Services.
163     7.  Domestic Violence Services.
164     8.  Economic Self-Sufficiency Services.
165     9.  Family Safety Services.
166     10.  Mental Health Services.
167     11.  Refugee Services.
168     12.  Substance Abuse Services.
169     13.  Contracting Services.
170     14.  Legal Services.
171     15.  Administration Services.
172     16.  Benefits Services.
173     (c)  Program divisions may be consolidated, restructured,
174or rearranged by the secretary, in consultation with the
175Executive Office of the Governor, provided any such
176consolidation, restructuring, or rearranging is capable of
177meeting functions and activities and achieving outcomes as
178delineated in state and federal laws, rules, and regulations.
179The secretary may appoint additional managers and administrators
180as he or she determines are necessary for the effective
181management of the department.
182     (4)  CONSULTATION WITH COUNTIES ON MANDATED PROGRAMS.-It is
183the intent of the Legislature that when county governments are
184required by law to participate in the funding of programs, the
185department shall consult with designated representatives of
186county governments in developing policies and service delivery
187plans for those programs.
188     (5)  PROCUREMENT OF HEALTH SERVICES.-Nothing contained in
189chapter 287 shall require competitive bids for health services
190involving examination, diagnosis, or treatment.
191     Section 3.  Section 20.602, Florida Statutes, is created to
192read:
193     20.602  Central Office of Investigative Services; purpose.-
194     (1)  The Central Office of Investigative Services is
195responsible for:
196     (a)  All investigations relating to child abuse, adult
197abuse, Medicaid fraud, and complaints against health care
198professionals, health care providers, and managed care
199organizations.
200     (b)  Reporting the findings of the regional offices to the
201United States Department of Health and Human Services.
202     (c)  Coordinating investigations with federal agencies to
203implement health care mandates.
204     (d)  Coordinating investigations statewide and providing
205regional oversight.
206     (2)  The Office of Inspector General is established in the
207Central Office of Investigative Services to review complaints
208regarding the conduct of investigators and investigations.
209     (3)  Each region established under s. 20.601 shall have a
210separate investigative office that shall conduct investigations,
211collect information regarding complaints, and report such
212findings to the Central Office of Investigative Services.
213     Section 4.  Subsection (11) is added to section 1001.706,
214Florida Statutes, to read:
215     1001.706  Powers and duties of the Board of Governors.-
216     (11)  REGIONAL POLICY DEVELOPMENT AND RESEARCH EXCHANGE
217CENTERS.-The Board of Governors shall establish a regional
218policy development and research exchange center at one state
219university located in each of the six regional divisions
220established under s. 20.601. Each exchange center shall:
221     (a)  Review data on subjects, including, but not limited
222to, developmental disabilities, aging, Medicaid and managed
223care, frontline caregivers, mental health, substance abuse,
224HIV/AIDS, long-term care, community-based care, biological
225sciences, and children's health and services issues.
226     (b)  Examine data, including, but not limited to, encounter
227data and cost-effectiveness data, and conduct field interviews
228with providers and consumers.
229     (c)  Make research findings available to the public through
230the Internet with the opportunity for public comment.
231     (d)  Provide recommendations to the Department of Health
232and Human Services, the President of the Senate, and the Speaker
233of the House of Representatives regarding health and human
234services policies.
235     Section 5.  Sections 20.19, 20.195, 20.197, 20.1971, 20.42,
23620.425, 20.43, and 20.435, Florida Statutes, are repealed.
237     Section 6.  The Division of Statutory Revision of the Joint
238Legislative Management Committee is directed to prepare a
239reviser's bill for introduction at a subsequent session of the
240Legislature to change the term "Department of Children and
241Family Services" to "Department of Health and Human Services,"
242the term "Secretary of Children and Family Services" to
243"Secretary of Health and Human Services," and the term "district
244administrator" to "deputy secretary," as that term relates to
245the administrative duties of a district administrator in a
246region, wherever those terms appear in the Florida Statutes.
247     Section 7.  All powers, duties, functions, records,
248offices, personnel, property, pending issues and existing
249contracts, administrative authority, administrative rules, and
250unexpended balances of appropriations, allocations, and other
251funds of the Agency for Health Care Administration, the Agency
252for Persons with Disabilities, the Department of Children and
253Family Services, and the Department of Health are transferred by
254a type two transfer, as defined in s. 20.06(2), Florida
255Statutes, to the Department of Health and Human Services.
256     Section 8.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.