Florida Senate - 2010                             CS for SB 1584
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Smith
       
       
       
       586-03224-10                                          20101584c1
    1                        A bill to be entitled                      
    2         An act relating to the procurement of contractual
    3         services by a state agency; creating s. 287.0575,
    4         F.S.; providing definitions; providing for the
    5         national accreditation of human service providers in
    6         lieu of certain licensure requirements; providing for
    7         state agency inspection and monitoring for certain
    8         purposes; requiring the state agency authorized to
    9         provide a specified human service to coordinate all
   10         multiagency monitoring activities; requiring the
   11         Department of Management Services to establish an
   12         electronic document vault for the storage of
   13         administrative documents required in a regulatory
   14         environment; requiring contracts for outsourced human
   15         services to contain certain provisions; requiring
   16         contracting state agencies to provide an analysis of
   17         any costs to providers resulting from mandates that
   18         were not in effect at the time the contract was
   19         entered into; requiring state agencies to accept all
   20         mandated documents electronically; providing that
   21         failure by a governmental entity to negotiate a
   22         contract amendment or remedy a material adverse impact
   23         of a new governmental mandate constitutes an agency
   24         action for purposes of the Administrative Procedures
   25         Act; requiring state agencies to review all provider
   26         requirements and submit a list of such requirements to
   27         the Governor; amending s. 216.136, F.S.; requiring the
   28         Social Services Estimating Conference to convene
   29         annually for the purpose of developing information
   30         related to mental health, substance abuse, child
   31         welfare, and juvenile justice services needs;
   32         providing an effective date.
   33  
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Section 287.0575, Florida Statutes, is created
   37  to read:
   38         287.0575Outsourced human services.—
   39         (1) As used in this section, the term:
   40         (a) “Financial impact” means an increase in reasonable
   41  costs of 5 percent or more in the annual aggregate payment to a
   42  contractor performing a contract for outsourced human services.
   43         (b) “Human services” means services related to mental
   44  health, substance abuse, child welfare, or juvenile justice.
   45         (c) “New governmental mandate” means a statutory
   46  requirement, administrative rule, regulation, assessment,
   47  executive order, judicial order, or other governmental
   48  requirement, or an agency policy, that was not in effect when a
   49  contract for the outsourcing of human services was originally
   50  entered into and that directly imposes an obligation on the
   51  contractor to take, or to refrain from taking, an action in
   52  order to fulfill its contractual obligation.
   53         (2) In order to create a more stable business environment
   54  for providing outsourced human services and to ensure
   55  accountability, eliminate duplication, and improve efficiency
   56  with respect to the provision of such services:
   57         (a) Notwithstanding any other provision of law, national
   58  accreditation of human services providers by the Joint
   59  Commission on Accreditation of Healthcare Organizations, the
   60  Commission on Accreditation of Rehabilitation Facilities, and
   61  the Council on Accreditation shall be accepted by state agencies
   62  in lieu of the agency’s facility licensure onsite review and
   63  administrative requirements, and as a substitute for the state
   64  agency’s licensure, administrative, and program monitoring
   65  requirements. Accreditation for administrative requirements
   66  satisfies the administrative requirements for licensure during
   67  the period of time that the accreditation is effective.
   68  Notwithstanding the survey or inspection by an accreditation
   69  organization, the department or agency may continue to inspect
   70  and monitor the provider as necessary with respect to:
   71         1. Reimbursement matters for any contract.
   72         2. Complaint investigation, suspected problems, or the
   73  implementation of the terms of consent decrees or other orders.
   74         3. Ensuring compliance with federal or state laws and rules
   75  that are not covered by the accreditation.
   76         (b) Each state agency that has been designated by the
   77  Federal Government and state law as the authorized state entity
   78  with respect to the provision of specified human services is the
   79  lead agency for the designated human service population. By July
   80  1, 2011, each lead agency shall:
   81         1. Develop a common monitoring protocol that must be used
   82  by all agencies serving the same population.
   83         2. Implement a plan to coordinate monitoring activities
   84  related to the delivery of services to the populations being
   85  served by multiple state agencies.
   86         3. Adopt rules that guide the delivery of service across
   87  the jurisdictions of multiple state agencies serving the same
   88  population and coordinate all monitoring activities.
   89         4. Provide for a master list of core required documents for
   90  contract monitoring purposes and provide for the collection of
   91  such documents from each service provider. The department shall
   92  establish an electronic document vault for the storage,
   93  delivery, and retrieval of administrative documents required in
   94  the regulatory review processes. To the greatest extent
   95  possible, the department shall promote the development,
   96  implementation, and maintenance of the document vault by
   97  providers or provider trade associations.
   98         (3) Contracts to outsource human services must:
   99         (a) Provide that if a material change to the scope of the
  100  contract is imposed upon a service provider and compliance with
  101  such change will have a financial impact on the provider, the
  102  contracting agency must negotiate a contract amendment with the
  103  service provider to increase the maximum obligation amount or
  104  unit price of the contract to offset the financial impact of the
  105  change if the service provider furnishes evidence to the
  106  contracting agency of such financial impact along with a request
  107  to renegotiate the contract based on the proposed change. The
  108  provider may not be held to requirements or obligations that are
  109  not required by law or are not included in the original contract
  110  or by negotiated amendment.
  111         (b) Ensure that:
  112         1. Payment will be made on all items not under dispute and
  113  that payment will not be withheld on undisputed issues pending
  114  the resolution of those issues.
  115         2. If the department engages an outside private entity to
  116  engage in contract monitoring or otherwise delegates any
  117  contract administration functions to an outside private entity,
  118  such entity shall uniformly administer the contract and not
  119  impose any requirements that exceed law, rule, or the contract
  120  terms.
  121         (c) Provide that any dispersed funds that remain unexpended
  122  during the contract term are approved as authorized revenue and
  123  carry over into the next year for the purposes of cash flow and
  124  continuation of the contract, notwithstanding s. 216.301.
  125         (d) Subject to appropriation, include provisions
  126  authorizing an annual cost-of-living adjustment that reflects
  127  increases in the consumer price index.
  128         (4) State agencies shall provide an analysis of every new
  129  governmental mandate, form, or procedure required of a service
  130  provider under a contract for the outsourcing of human services
  131  which was not in effect when the contract was originally entered
  132  into. The analysis must identify the cost to the provider of any
  133  new requirements and must be transmitted to the provider before
  134  any new mandate, form, or procedure may be used or implemented.
  135  The analysis must also include a fiscal impact statement with
  136  respect to each new form, procedure, or mandate required or
  137  imposed.
  138         (5) State agencies must accept all mandated reports and
  139  invoices from service providers electronically and shall
  140  establish a procedure that allows for posting all core documents
  141  in secure electronic storage. If a service provider uses such
  142  storage, the state agency must have access to the electronic
  143  storage for monitoring core documents, and shall by rule or
  144  contract require that the provider deposit administrative
  145  documents requested by the department or agency in such storage.
  146         (6) Any contractor aggrieved by the refusal or failure of a
  147  governmental unit to negotiate a contract amendment to remedy
  148  the financial impact of a new governmental mandate constitutes
  149  an agency action for the purposes of chapter 120.
  150         (7) Each agency shall annually review all contract
  151  requirements, mandated reports, outcome measures, and other
  152  requirements of a provider. The list must include citations to
  153  reference sources for the mandate, such as laws, rules, or
  154  policies. The list shall be submitted to the Governor.
  155         Section 2. Paragraph (c) is added to subsection (6) of
  156  section 216.136, Florida Statutes, to read:
  157         216.136 Consensus estimating conferences; duties and
  158  principals.—
  159         (6) SOCIAL SERVICES ESTIMATING CONFERENCE.—
  160         (c) The Social Services Estimating Conference shall be
  161  convened annually for the purpose of developing information that
  162  is related to mental health, substance abuse, child welfare, or
  163  juvenile justice services needs, including, but not limited to,
  164  enrollment, caseload, utilization, and expenditures that reflect
  165  population growth and economic trends.
  166         Section 3. This act shall take effect upon becoming a law.