CS for CS for SB 1366 First Engrossed (ntc)
20111366e1
1 A bill to be entitled
2 An act relating to administrative monitoring of
3 providers of child welfare services, mental health
4 services, and substance abuse services; amending s.
5 402.7306, F.S.; defining the term “mental health and
6 substance abuse service provider” as it relates to the
7 monitoring of providers of child welfare services,
8 mental health services, and substance abuse services;
9 requiring the Department of Children and Family
10 Services, the Department of Health, the Agency for
11 Persons with Disabilities, the Agency for Health Care
12 Administration, community-based care lead agencies,
13 managing entities, and agencies that have contracted
14 with monitoring agents to adopt certain revised
15 policies for the administrative monitoring of child
16 welfare service providers, mental health service
17 providers, and substance abuse service providers;
18 conforming provisions to changes made by the act;
19 limiting the frequency of required administrative,
20 licensure, and programmatic monitoring for mental
21 health service providers and substance abuse service
22 providers that are accredited by specified entities;
23 providing certain exception to the limitations on
24 monitoring; requiring that the corporate, fiscal, and
25 administrative records of mental health service
26 providers and substance abuse service providers be
27 included in a consolidated data warehouse and archive;
28 providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Section 402.7306, Florida Statutes, is amended
33 to read:
34 402.7306 Administrative monitoring of for child welfare
35 providers, and administrative, licensure, and programmatic
36 monitoring of mental health and substance abuse service
37 providers.—The Department of Children and Family Services, the
38 Department of Health, the Agency for Persons with Disabilities,
39 the Agency for Health Care Administration, and community-based
40 care lead agencies, managing entities as defined in s. 394.9082,
41 and agencies who have contracted with monitoring agents shall
42 identify and implement changes that improve the efficiency of
43 administrative monitoring of child welfare services, and the
44 administrative, licensure, and programmatic monitoring of mental
45 health and substance abuse service providers. For the purpose of
46 this section, the term “mental health and substance abuse
47 service provider” means a provider who provides services to this
48 state’s priority population as defined in s. 394.674. To assist
49 with that goal, each such agency shall adopt the following
50 policies:
51 (1) Limit administrative monitoring to once every 3 years
52 if the child welfare provider is accredited by the Joint
53 Commission on Accreditation of Healthcare Organizations, the
54 Commission on Accreditation of Rehabilitation Facilities, or the
55 Council on Accreditation of Children and Family Services. If the
56 accrediting body does not require documentation that the state
57 agency requires, that documentation shall be requested by the
58 state agency and may be posted by the service provider on the
59 data warehouse for the agency’s review. Notwithstanding the
60 survey or inspection of an accrediting organization specified in
61 this subsection, an agency specified in and subject to this
62 section may continue to monitor the service provider as
63 necessary with respect to:
64 (a) Ensuring that services for which the agency is paying
65 are being provided.
66 (b) Investigating complaints or suspected problems and
67 monitoring the service provider’s compliance with any resulting
68 negotiated terms and conditions, including provisions relating
69 to consent decrees that are unique to a specific service and are
70 not statements of general applicability.
71 (c) Ensuring compliance with federal and state laws,
72 federal regulations, or state rules if such monitoring does not
73 duplicate the accrediting organization’s review pursuant to
74 accreditation standards.
75
76 Medicaid certification and precertification reviews are exempt
77 from this subsection to ensure Medicaid compliance.
78 (2) Limit administrative, licensure, and programmatic
79 monitoring to once every 3 years if the mental health or
80 substance abuse service provider is accredited by the Joint
81 Commission, the Commission on Accreditation of Rehabilitation
82 Facilities, or the Council on Accreditation. If the services
83 being monitored are not the services for which the provider is
84 accredited, the limitations of this subsection do not apply. If
85 the accrediting body does not require documentation that the
86 state agency requires, that documentation, except documentation
87 relating to licensure applications and fees, must be requested
88 by the state agency and may be posted by the service provider on
89 the data warehouse for the agency’s review. Notwithstanding the
90 survey or inspection of an accrediting organization specified in
91 this subsection, an agency specified in and subject to this
92 section may continue to monitor the service provider as
93 necessary with respect to:
94 (a) Ensuring that services for which the agency is paying
95 are being provided.
96 (b) Investigating complaints, identifying problems that
97 would affect the safety or viability of the service provider,
98 and monitoring the service provider’s compliance with any
99 resulting negotiated terms and conditions, including provisions
100 relating to consent decrees that are unique to a specific
101 service and are not statements of general applicability.
102 (c) Ensuring compliance with federal and state laws,
103 federal regulations, or state rules if such monitoring does not
104 duplicate the accrediting organization’s review pursuant to
105 accreditation standards.
106
107 Federal certification and precertification reviews are exempt
108 from this subsection to ensure Medicaid compliance.
109 (3)(2) Allow private sector development and implementation
110 of an Internet-based, secure, and consolidated data warehouse
111 and archive for maintaining corporate, fiscal, and
112 administrative records of child welfare, mental health, or
113 substance abuse service providers. A service provider shall
114 ensure that the data is up to date and accessible to the
115 applicable agency under this section and the appropriate agency
116 subcontractor. A service provider shall submit any revised,
117 updated information to the data warehouse within 10 business
118 days after receiving the request. An agency that conducts
119 administrative monitoring of child welfare, mental health, or
120 substance abuse service providers under this section must use
121 the data warehouse for document requests. If the information
122 provided to the agency by the provider’s data warehouse is not
123 current or is unavailable from the data warehouse and archive,
124 the agency may contact the service provider directly. A service
125 provider that fails to comply with an agency’s requested
126 documents may be subject to a site visit to ensure compliance.
127 Access to the data warehouse must be provided without charge to
128 an applicable agency under this section. At a minimum, the
129 records must include the service provider’s:
130 (a) Articles of incorporation.
131 (b) Bylaws.
132 (c) Governing board and committee minutes.
133 (d) Financial audits.
134 (e) Expenditure reports.
135 (f) Compliance audits.
136 (g) Organizational charts.
137 (h) Governing board membership information.
138 (i) Human resource policies and procedures.
139 (j) Staff credentials.
140 (k) Monitoring procedures, including tools and schedules.
141 (l) Procurement and contracting policies and procedures.
142 (m) Monitoring reports.
143 Section 2. This act shall take effect upon becoming a law.