CS/HB 959

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

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