Senate Bill sb1330c1

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    Florida Senate - 2006                           CS for SB 1330

    By the Committee on Children and Families; and Senator Fasano





    586-2124-06

  1                      A bill to be entitled

  2         An act relating to the Department of Elderly

  3         Affairs; amending s. 430.04, F.S.; authorizing

  4         the Department of Elderly Affairs to terminate

  5         a contract or agreement with an area agency on

  6         aging under certain circumstances; requiring

  7         the department to use a competitive-procurement

  8         process to procure a new area agency on aging

  9         to plan, fund, and administer the programs and

10         services in the affected planning and service

11         area; requiring that any contract or referral

12         agreement entered into between an area agency

13         on aging and a lead agency or a service

14         provider or program provider be assignable to

15         the department under certain circumstances;

16         providing an effective date.

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18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Subsection (2) of section 430.04, Florida

21  Statutes, is amended, present subsections (3) through (16) of

22  that section are redesignated as subsections (4) through (17),

23  respectively, and a new subsection (3) is added to that

24  section, to read:

25         430.04  Duties and responsibilities of the Department

26  of Elderly Affairs.--The Department of Elderly Affairs shall:

27         (2)  Be responsible for ensuring that each area agency

28  on aging operates in a manner to ensure that the elderly of

29  this state receive the best services possible.  The department

30  shall rescind designation of an area agency on aging or take

31  intermediate measures against the agency, including corrective

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    Florida Senate - 2006                           CS for SB 1330
    586-2124-06




 1  action, unannounced special monitoring, temporary assumption

 2  of operation of one or more programs by the department,

 3  placement on probationary status, imposing a moratorium on

 4  agency action, imposing financial penalties for

 5  nonperformance, or other administrative action pursuant to

 6  chapter 120, if, after an evaluation, the department finds

 7  that:

 8         (a)  An intentional or negligent act of the agency has

 9  materially affected the health, welfare, or safety of clients,

10  or substantially and negatively affected the operation of an

11  aging services program;.

12         (b)  The agency lacks financial stability sufficient to

13  meet contractual obligations or that contractual funds have

14  been misappropriated;.

15         (c)  The agency has committed multiple or repeated

16  violations of legal and regulatory requirements or department

17  standards;.

18         (d)  The agency has failed to continue the provision or

19  expansion of services after the declaration of a state of

20  emergency;.

21         (e)  The agency has exceeded its authority or otherwise

22  failed to adhere to the terms of its contract with the

23  department or has exceeded its authority or otherwise failed

24  to adhere to the provisions specifically provided by statute

25  or rule adopted by the department;.

26         (f)  The agency has failed to properly determine client

27  eligibility as defined by the department or efficiently manage

28  program budgets; or.

29         (g)  The agency has failed to implement and maintain a

30  department-approved client grievance resolution procedure.

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    Florida Senate - 2006                           CS for SB 1330
    586-2124-06




 1         (3)(a)  If the department takes an intermediate measure

 2  against an area agency on aging as provided in subsection (2)

 3  and the department determines, at least 90 days after the

 4  measure is taken, that the area agency on aging has failed to

 5  effectively plan, fund, or administer contracts for programs

 6  and services not funded by the federal Older Americans Act,

 7  the department may terminate the contract of the area agency

 8  on aging for such programs or services. Notwithstanding any

 9  law to the contrary, if the department terminates a contract

10  with an area agency on aging, the department must contract, in

11  accordance with chapter 287, with an entity to plan, fund, and

12  administer the programs and services previously under contract

13  in the affected planning and service area. The department may

14  directly provide the affected program or service for a limited

15  period of time, but must initiate a competitive-procurement

16  process to replace the area agency on aging within 180 days

17  after the termination of the area agency on aging's contract.

18         (b)  Any contract or referral agreement effective on or

19  after July 1, 2006, between an area agency on aging and a lead

20  agency or service provider must be assignable to the

21  department and subsequently to an entity competitively

22  selected under this subsection.

23         Section 2.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                           CS for SB 1330
    586-2124-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1330

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 4  This Committee Substitute allows the Department of Elderly
    Affairs (DOEA)  to terminate a contract for administration of
 5  state-funded aging programs through Area Agencies on Aging
    under certain circumstances.  If a contract is terminated, the
 6  department must contract with another entity to administer the
    state funded programs or may directly provide the service for
 7  a specified period of time and must begin a competitive
    procurement process.  After July 2, 2006, any contract or
 8  referral agreement between an area agency and a lead agency
    must be assignable to DOEA and, subsequently, to a
 9  competitively procured entity.

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