Bill Text: FL H0717 | 2010 | Regular Session | Introduced


Bill Title: Procurement of Contractual Services/State Agency

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Governmental Affairs Policy (EDCA) [H0717 Detail]

Download: Florida-2010-H0717-Introduced.html
HB 717
1
A bill to be entitled
2An act relating to procurement of contractual services by
3a state agency; creating s. 287.0575, F.S.; providing
4definitions; providing intent with respect to certain
5requirements relating to the provision of outsourced human
6services related to mental health, substance abuse, child
7welfare, or juvenile justice; requiring the acceptance by
8state agencies of national accreditation of providers of
9such human services in lieu of, and as a substitute for,
10specified agency licensing, administrative, and program
11requirements; requiring that a state agency designated by
12the Federal Government as a controlling state authority
13with respect to the provision of specific human services
14function as the lead agency for the designated service
15population; providing requirements of lead agencies;
16providing requirements with respect to contracts for such
17services; requiring state agencies to provide an analysis
18that identifies specified costs to human services
19providers; requiring a fiscal impact statement; requiring
20state agencies to accept mandated reports and invoices
21electronically and establish a procedure that allows for
22posting of all core documents in secure electronic
23storage; providing for agency access to such storage for
24monitoring core documents; providing that failure by a
25governmental entity to negotiate a contract amendment to
26remedy a material adverse financial impact of a new
27governmental mandate constitutes an agency action for
28purposes of the Administrative Procedure Act; providing
29for annual reports by state agencies; amending s. 216.136,
30F.S.; requiring the Social Services Estimating Conference
31to convene annually for the purpose of developing
32information related to mental health, substance abuse,
33child welfare, and juvenile justice services needs;
34providing an effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Section 287.0575, Florida Statutes, is created
39to read:
40 287.0575 Outsourced human services related to mental
41health, substance abuse, child welfare, or juvenile justice.-
42 (1) For the purposes of this section:
43 (a) "Material adverse financial impact" means an increase
44in reasonable costs of $10,000 or more in the annual aggregate
45to a contractor in performing a contract for the outsourcing of
46human services related to mental health, substance abuse, child
47welfare, or juvenile justice.
48 (b) "New governmental mandate" means a statutory
49requirement, administrative rule, regulation, assessment,
50executive order, judicial order, or other governmental
51requirement, or an agency policy, that was not in effect when a
52contract for the outsourcing of human services related to mental
53health, substance abuse, child welfare, or juvenile justice was
54originally entered into and that directly imposes an obligation
55on the contractor.
56 (2) To create a more stable business environment for
57providing outsourced human services related to mental health,
58substance abuse, child welfare, or juvenile justice and to
59ensure accountability, eliminate duplication, and improve
60efficiency:
61 (a) Notwithstanding any provision of law to the contrary,
62national accreditation of human services providers by the Joint
63Commission on Accreditation of Healthcare Organizations, the
64Commission on Accreditation of Rehabilitation Facilities, and
65the Council on Accreditation shall be accepted by state agencies
66in lieu of the agency's facility licensure onsite review
67requirements and administrative and program monitoring
68requirements and shall be accepted as a substitute for the state
69agency's licensure, administrative, and program monitoring
70requirements.
71 (b) Each state agency that has been designated by the
72Federal Government as the controlling state authority with
73respect to the provision of specific services related to mental
74health, substance abuse, child welfare, or juvenile justice
75shall be the lead agency for the designated service population.
76Each lead agency shall:
77 1. Develop a common monitoring protocol that must be
78utilized by all agencies serving the same population.
79 2. Implement a plan to coordinate monitoring activities
80related to the delivery of services to the populations being
81served by multiple state agencies.
82 3. Develop common rules that guide delivery of service
83across the jurisdictions of multiple state agencies serving the
84same population and coordinate all monitoring activities.
85 4. Provide for a master list of core required documents
86for contract monitoring purposes and provide for the collection
87of such documents from each service provider.
88 (3) Contracts to outsource human services related to
89mental health, substance abuse, child welfare, or juvenile
90justice shall:
91 (a) Provide that, in the event that a material change to
92the scope of the contract is imposed upon a service provider and
93compliance with such change will have a material adverse
94financial impact on the service provider, the contracting agency
95shall negotiate a contract amendment with the service provider
96to increase the maximum obligation amount or unit price of the
97contract to offset the material adverse financial impact of the
98change, provided the service provider furnishes evidence to the
99contracting agency of such material adverse financial impact
100along with a request to renegotiate the contract based on the
101proposed change.
102 (b) Ensure that:
103 1. Payment will be made on all items not under dispute and
104that in no event will payment be withheld on undisputed issues
105pending the resolution of disputed issues.
106 2. All disputed items shall be reconciled within 30 days.
107 (c) Provide that any dispersed funds that remain
108unexpended during the contract term be approved as authorized
109revenue into the next year for the purposes of cash flow and
110continuation of the contract.
111 (d) Include language authorizing, subject to
112appropriation, an annual cost-of-living adjustment that reflects
113increases in the consumer price index.
114 (4) State agencies shall provide an analysis of every new
115form, procedure, or mandate required of a provider of human
116services related to mental health, substance abuse, child
117welfare, or juvenile justice under a contract for the
118outsourcing of such human services that were not in effect when
119the contract was originally entered into. The analysis shall
120identify the cost to the provider of any such new requirements
121and must be transmitted to the provider before any new form,
122procedure, or mandate may be used or implemented. The analysis
123shall also include a fiscal impact statement from the provider
124with respect to each new form, procedure, or mandate required or
125imposed.
126 (5) State agencies shall be required to accept all
127mandated reports and invoices from service providers
128electronically and shall establish a procedure that allows for
129posting of all core documents in secure electronic storage. If a
130service provider utilizes secure electronic storage, the state
131agency shall have access to such secure electronic storage for
132monitoring core documents.
133 (6) Any contractor aggrieved by the refusal or failure of
134a governmental unit to negotiate a contract amendment to remedy
135a material adverse financial impact of a new governmental
136mandate pursuant to this section constitutes an agency action
137for the purposes of the Administrative Procedure Act.
138 (7) By December 30 annually, each agency that contracts
139for the provision of human services shall prepare a
140comprehensive list of all contract requirements, mandated
141reports, outcome measures, and other requirements of a provider.
142The list shall include citations to reference sources for the
143mandate, such as laws, rules, or policies. The list shall be
144submitted to the Governor, the President of the Senate, and the
145Speaker of the House of Representatives.
146 Section 2. Paragraph (c) is added to subsection (6) of
147section 216.136, Florida Statutes, to read:
148 216.136 Consensus estimating conferences; duties and
149principals.-
150 (6) SOCIAL SERVICES ESTIMATING CONFERENCE.-
151 (c) The Social Services Estimating Conference shall be
152convened annually for the purpose of developing information
153related to mental health, substance abuse, child welfare, and
154juvenile justice services needs. The information developed by
155the conference shall include, but not be limited to, enrollment,
156caseloads, utilization, and expenditures and must be reflective
157of population growth and economic trends.
158 Section 3. This act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.
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