ENROLLED
       2011 Legislature            CS for CS for SB 1366, 1st Engrossed
       
       
       
       
       
       
                                                             20111366er
    1  
    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.