Florida Senate - 2018 SENATOR AMENDMENT Bill No. CS for HB 41 Ì882868aÎ882868 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Rader moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 381.96, Florida Statutes, is created to 6 read: 7 381.96 Pregnancy support services.— 8 (1) DEFINITIONS.—As used in this section, the term: 9 (a) “Complaint” means an allegation that fraud, abuse, or 10 coercion has occurred. 11 (b) “Department” means the Department of Health. 12 (c) “Eligible client” means a pregnant woman or a woman who 13 suspects that she is pregnant, and the family of such a woman, 14 who voluntarily seeks pregnancy support services. The period of 15 eligibility may continue for, but may not exceed, 12 months 16 after the birth of the child. 17 (d) “Florida Pregnancy Care Network, Inc.,” or “network” 18 means the not-for-profit statewide alliance of pregnancy support 19 organizations that provide pregnancy support services through a 20 comprehensive system of care to women and their families. 21 (e) “Fraud” means an intentional deception or 22 misrepresentation made by a person with the knowledge that the 23 deception results in an unauthorized benefit to herself or 24 himself or to another person. The term includes any act that 25 constitutes fraud under applicable federal or state law. 26 (f) “Pregnancy support services” means services that 27 promote and encourage childbirth, including, but not limited to: 28 1. Direct client services, such as pregnancy testing, 29 counseling, referral, training, and education for pregnant women 30 and their families. 31 2. Program awareness activities, including a promotional 32 campaign to educate the public about the pregnancy support 33 services offered by the network and a website that provides 34 information on the location of providers in the user’s area, as 35 well as other available community resources. 36 3. Communication activities, including the operation and 37 maintenance of a hotline or call center with a single statewide 38 toll-free telephone number which is available 24 hours a day for 39 an eligible client to obtain the location and contact 40 information for a pregnancy center located in his or her area. 41 (g) “Wellness services” means services or activities 42 intended to maintain and improve health or prevent illness and 43 injury, including, but not limited to, high blood pressure 44 screening, anemia testing, thyroid screening, cholesterol 45 screening, diabetes screening, and assistance with smoking 46 cessation. 47 (2) DEPARTMENT DUTIES.—The department shall contract with 48 the network for the management and delivery of pregnancy support 49 and wellness services to eligible clients. 50 (3) CONTRACT REQUIREMENTS.—The department contract must 51 specify the contract deliverables, including financial reports 52 and other reports due to the department, timeframes for 53 achieving contractual obligations, and any other requirements 54 that the department determines are necessary, such as staffing 55 and location requirements. The contract must require the network 56 to: 57 (a) Establish, implement, and monitor a comprehensive 58 system of care through subcontractors which meets the pregnancy 59 support and wellness needs of eligible clients. 60 (b) Establish and manage subcontracts with a sufficient 61 number of providers to ensure the availability of pregnancy 62 support and wellness services for eligible clients and maintain 63 and manage the delivery of such services throughout the contract 64 period. 65 (c) Spend at least 90 percent of contract funds on 66 pregnancy support and wellness services. 67 (d) Offer wellness services through vouchers or other 68 appropriate arrangements that allow the purchase of services 69 from qualified health care providers. 70 (e) Require a background screening, as provided in s. 71 943.0542, for all paid staff and volunteers of a subcontractor 72 if such staff or volunteers provide direct client services to an 73 eligible client who is a minor or an elderly person or who has a 74 disability. 75 (f) Annually survey its subcontractors and specify the 76 sanctions that will be imposed for noncompliance with the terms 77 of a subcontract. 78 (g) Subcontract only with providers that exclusively 79 promote and support childbirth. 80 (h) Ensure that informational materials provided to an 81 eligible client by a provider are current and accurate and cite 82 the source of any medical statement included in the materials. 83 (4) SERVICES.—Services provided pursuant to this section 84 must be provided in a noncoercive manner and instructional 85 materials may not include any faith-based content. 86 (5) COMPLAINTS.—The department shall establish a procedure 87 for the investigation and resolution of complaints and 88 grievances from eligible clients, maintain a record of 89 complaints, and ensure that the providers inform all eligible 90 clients and providers as to how to report suspected fraud or 91 abuse. The department shall investigate complaints to determine 92 whether a provider is in compliance with this section and the 93 terms of its contract. The department shall notify subject 94 providers and the network of complaints and a written report of 95 the results of its investigation. 96 (6) COMPLIANCE.—The department shall conduct periodic 97 unannounced onsite visits to the subcontracted providers to 98 ensure that they are in compliance with the department’s 99 contract requirements. The network must deny or reduce funds or 100 cancel its contract with a provider if the department determines 101 that the provider is not in compliance with the contract terms. 102 Section 2. This act shall take effect July 1, 2018. 103 104 ================= T I T L E A M E N D M E N T ================ 105 And the title is amended as follows: 106 Delete everything before the enacting clause 107 and insert: 108 A bill to be entitled 109 An act relating to pregnancy support services; 110 creating s. 381.96, F.S.; providing definitions; 111 requiring the Department of Health to contract with a 112 not-for-profit statewide network of organizations to 113 provide pregnancy support and wellness services 114 through subcontractors; providing duties of the 115 department; providing contract requirements; requiring 116 the contractor to spend a specified percentage of 117 funds on direct client services; providing for 118 subcontractor background screenings under certain 119 circumstances; requiring the contractor to annually 120 survey subcontractors; specifying the entities 121 eligible for a subcontract; requiring services to be 122 provided in a noncoercive manner; forbidding the 123 inclusion of faith-based content in informational 124 materials; requiring the department to establish a 125 procedure for the investigation and resolution of 126 complaints and grievances made by eligible clients; 127 requiring the department to investigate such 128 complaints and to notify subject providers and the 129 network of complaints and to provide them with a 130 written report of the results of the investigation; 131 requiring the department to conduct periodic 132 unannounced onsite visits to subcontracted providers; 133 requiring the network to deny or reduce funds or 134 cancel its contract with a provider if the department 135 determines that a provider is not in compliance with 136 the contract terms; providing an effective date.