Bill Text: FL S0374 | 2011 | Regular Session | Comm Sub

Bill Title: Health and Human Services Contracts

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0374 Detail]

Download: Florida-2011-S0374-Comm_Sub.html
       Florida Senate - 2011                              CS for SB 374
       By the Committee on Governmental Oversight and Accountability;
       and Senator Bogdanoff
       585-03914-11                                           2011374c1
    1                        A bill to be entitled                      
    2         An act relating to health and human services
    3         contracts; amending s. 287.0575, F.S.; creating the
    4         Health and Human Services Contract Resource Council
    5         within the Department of Management Services;
    6         requiring the department to provide administrative
    7         support; providing meeting times and duties of the
    8         council; providing membership of the council;
    9         establishing the duties of several state agencies,
   10         including the Department of Juvenile Justice and the
   11         Agency for Health Care Administration with regard to
   12         contracts for health and human services; revising the
   13         deadline dates for state agencies to notify their
   14         contract service providers and for contract service
   15         providers to provide their contract managers a list of
   16         their health and human service contracts; requiring
   17         the Health and Human Service Contract Resource Council
   18         to designate a lead administrative coordinator for
   19         each contract service provider; conforming provisions
   20         to changes made by the act; revising the
   21         responsibilities of the designated lead administrative
   22         coordinator; requiring each agency contracting for
   23         health and human services to submit an annual report
   24         to the council; requiring the council to provide an
   25         executive summary of the reports to the Governor and
   26         the Legislature; requiring the council to make
   27         recommendations to the Legislature regarding
   28         legislation or rulemaking authority that would promote
   29         interdepartmental collaboration and program
   30         integration; amending s. 287.057, F.S.; exempting
   31         services provided by an eligible lead community-based
   32         provider from being subject to the state competitive
   33         bidding process; providing an effective date.
   35  Be It Enacted by the Legislature of the State of Florida:
   37         Section 1. Section 287.0575, Florida Statutes, is amended
   38  to read:
   39         287.0575 Coordination of contracted services.—
   40         (1) There is created the Health and Human Services Contract
   41  Resource Council, which is a coordinating council as defined in
   42  s. 20.03.
   43         (a)The council shall ensure that the public policy of this
   44  state relating to the administrative and fiscal contract
   45  management of health and human services is developed to promote
   46  interdepartmental collaboration and program administration in
   47  order that contracts and services are planned, managed, and
   48  delivered in an integrated manner.
   49         (b)The council is created in the Department of Management
   50  Services, which shall provide administrative support and service
   51  to the council.
   52         (c)The council shall meet for its organizational session
   53  no later than August 1, 2011. The council shall select a chair
   54  from its members. Thereafter, the council shall meet at least
   55  six times each year in order to:
   56         1.Develop and implement a shared and cohesive vision on
   57  how to deliver integrated services to eliminate administrative
   58  duplication and improve outcomes in this state.
   59         2.Align, coordinate, and consolidate administrative and
   60  fiscal performance standards into model consolidated standards
   61  for vendors that provide health and human services. The model
   62  consolidated standards shall be used by the agencies in
   63  subsection (2) in monitoring contracts and as part of each
   64  agency’s evaluation of competitive bids for health and human
   65  services.
   66         3. Review, align, coordinate, consolidate, and recommend
   67  uniform administrative rules and policies so that administrative
   68  requirements and goals for the contracts are aligned to the
   69  greatest extent possible and not in conflict.
   70         4. Review the monitoring protocols related to the
   71  administrative and fiscal requirements of vendors that provide
   72  health and human services to ensure that the protocols are in
   73  compliance with this section.
   74         5. Design and implement actions that promote collaboration,
   75  creativity, increased efficiency, information sharing, and
   76  improved service delivery between and within state agencies and
   77  organizations that provide services. In particular, the efforts
   78  shall include the long-range planning process mandated by s.
   79  216.013.
   80         6. Make recommendations for the establishment of a
   81  consolidated data warehouse and archive to maintain the
   82  corporate, fiscal, and administrative records of vendors that
   83  provide health and human services. The council shall include
   84  recommendations to ensure that the administrative and fiscal
   85  data are up-to-date and accessible to other agencies,
   86  participating vendors, and the general public through web-based
   87  technology, and managed in a manner that allows contract
   88  information to be aggregated and assessed to determine the
   89  amount, value, and achievement of administrative standards by
   90  vendor, by agency, and by type of service.
   91         7. Identify to the greatest extent possible, existing and
   92  potential private and nonstate moneys and resources for
   93  improving contracting efficiencies, including, but not limited
   94  to, federal grant funds, other nonstate grant funds, gifts,
   95  donations, foundation and organization grants, and any other
   96  form of private funding opportunities, including public-private
   97  partnerships.
   98         8.Engage in other activities that will improve
   99  collaboration of agencies in order to create, manage, and
  100  promote coordinated policies, programs, and service delivery
  101  systems.
  102         9.Designate the lead state agency for all administrative
  103  and fiscal matters related to contracts for health and human
  104  services.
  105         (2)The council shall select a chair from among its
  106  members. The council shall consist of seven members:
  107         (a)The Secretary of Children and Family Services or his or
  108  her designee;
  109         (b)The Secretary of Juvenile Justice or his or her
  110  designee;
  111         (c)The director of the Agency for Persons with
  112  Disabilities or his or her designee;
  113         (d)The State Surgeon General or his or her designee;
  114         (e)The Secretary of Health Care Administration or his or
  115  her designee;
  116         (f)The Secretary of Elderly Affairs or his or her
  117  designee; and
  118         (g) The executive director of the Department of Veterans’
  119  Affairs or his or her designee.
  120         (3) The following duties and responsibilities of the
  121  Department of Children and Family Services, the Agency for
  122  Persons with Disabilities, the Department of Health, the
  123  Department of Juvenile Justice, the Agency for Health Care
  124  Administration, the Department of Elderly Affairs, and the
  125  Department of Veterans’ Affairs, and service providers under
  126  contract to those agencies, are established:
  127         (a)(1) No later than August 1, 2011 2010, or upon entering
  128  into any new contract for health and human services, state
  129  agencies contracting for health and human services must notify
  130  their contract service providers of the requirements of this
  131  section.
  132         (b)(2) No later than October 1, 2011 2010, contract service
  133  providers that have more than one contract with one or more
  134  state agencies to provide health and human services must provide
  135  to each of their contract managers a comprehensive list of their
  136  health and human services contracts. The list must include the
  137  following information:
  138         1.(a) The name of each contracting state agency and the
  139  applicable office or program issuing the contract.
  140         2.(b) The identifying name and number of each contract.
  141         3.(c) The starting and ending date of each contract.
  142         4.(d) The amount of each contract.
  143         5.(e) A brief description of the purpose of the contract
  144  and the types of services provided under each contract.
  145         6.(f) The name and contact information of the contract
  146  manager.
  147         (c)(3) With respect to contracts entered into on or after
  148  August 1, 2011 2010, effective November 1, 2011 2010, or 30 days
  149  after receiving the list provided under paragraph (b) subsection
  150  (2), a single lead administrative coordinator for each contract
  151  service provider shall be designated by the Health and Human
  152  Services Contract Resource Council as provided in this
  153  subsection from among the agencies having multiple contracts as
  154  provided in paragraph (b) subsection (2). On or before the date
  155  such responsibilities are assumed, the designated lead
  156  administrative coordinator shall provide notice of his or her
  157  designation to the contract service provider and to the agency
  158  contract managers for each affected contract. Unless another
  159  lead administrative coordinator is selected by the Health and
  160  Human Services Contract Resource Council agreement of all
  161  affected contract managers, the designated lead administrative
  162  coordinator shall be the agency contract manager of the contract
  163  with the highest dollar value over the term of the contract,
  164  provided the term of the contract remaining at the time of
  165  designation exceeds 24 months. If the remaining terms of all
  166  contracts are 24 months or less, the designated lead
  167  administrative coordinator shall be the contract manager of the
  168  contract with the latest end date. A designated lead
  169  administrative coordinator, or his or her successor as contract
  170  manager, shall continue as lead administrative coordinator until
  171  another lead administrative coordinator is selected by the
  172  Health and Human Services Contract Resource Council agreement of
  173  all affected contract managers or until the end date of the
  174  contract for which the designated lead administrative
  175  coordinator serves as contract manager, at which time a new lead
  176  administrative coordinator shall be designated pursuant to this
  177  subsection, if applicable.
  178         (d)(4) The designated lead administrative coordinator shall
  179  be responsible for:
  180         1.(a) Establishing a coordinated schedule for
  181  administrative and fiscal monitoring;
  182         2.(b)Coordinating and consulting with other case managers
  183  to establish a single unified set of required administrative and
  184  fiscal documentation;
  185         3.(c)Coordinating and consulting with other case managers
  186  to establish a single unified schedule for periodic updates of
  187  administrative and fiscal information; and
  188         4.(d) Maintaining an accessible electronic file of up-to
  189  date administrative and fiscal documents, including, but not
  190  limited to, corporate documents, membership records, audits, and
  191  monitoring reports.
  192         (e)(5) Contract managers for agency contracts other than
  193  the designated lead administrative coordinator must conduct
  194  administrative and fiscal monitoring activities in accordance
  195  with the coordinated schedule and must obtain any necessary
  196  administrative and fiscal documents from the designated lead
  197  administrative coordinator’s electronic file.
  198         (f)(6) This section does not apply to routine program
  199  performance monitoring or prohibit a contracting agency from
  200  directly and immediately contacting the service provider when
  201  the health or safety of clients is at risk.
  202         (g)(7) Each agency contracting for health and human
  203  services shall annually evaluate the performance of its
  204  designated lead administrative coordinator in establishing
  205  coordinated systems, improving efficiency, and reducing
  206  redundant monitoring activities for state agencies and their
  207  service providers. The annual report shall be submitted to the
  208  Health and Human Services Contract Resource Council. The Health
  209  and Human Services Contract Resource Council shall provide an
  210  executive summary of the reports to the Governor, the President
  211  of the Senate, and the Speaker of the House of Representatives.
  212  In addition to an executive summary, the council shall make
  213  recommendations to the President of the Senate and the Speaker
  214  of the House of Representatives for legislation or rulemaking
  215  authority that would promote interdepartmental collaboration and
  216  program integration.
  217         Section 2. Paragraph (f) of subsection (3) of section
  218  287.057, Florida Statutes, is amended to read:
  219         287.057 Procurement of commodities or contractual
  220  services.—
  221         (3) When the purchase price of commodities or contractual
  222  services exceeds the threshold amount provided in s. 287.017 for
  223  CATEGORY TWO, no purchase of commodities or contractual services
  224  may be made without receiving competitive sealed bids,
  225  competitive sealed proposals, or competitive sealed replies
  226  unless:
  227         (f) The purchase is for any of the following contractual
  228  services and commodities are not subject to the competitive
  229  solicitation requirements of this section:
  230         1. Artistic services. For the purposes of this subsection,
  231  the term “artistic services” does not include advertising or
  232  typesetting. As used in this subparagraph, the term
  233  “advertising” means the making of a representation in any form
  234  in connection with a trade, business, craft, or profession in
  235  order to promote the supply of commodities or services by the
  236  person promoting the commodities or contractual services.
  237         2. Academic program reviews if the fee for such services
  238  does not exceed $50,000.
  239         3. Lectures by individuals.
  240         4. Legal services, including attorney, paralegal, expert
  241  witness, appraisal, or mediator services.
  242         5.a. Health services involving examination, diagnosis,
  243  treatment, prevention, medical consultation, or administration.
  244         b. Beginning January 1, 2011, health services, also
  245  includes including, but is not limited to, substance abuse and
  246  mental health services, involving examination, diagnosis,
  247  treatment, prevention, or medical consultation, if when such
  248  services are offered to eligible individuals participating in a
  249  specific program that qualifies multiple providers and uses a
  250  standard payment methodology. Reimbursement for the of
  251  administrative costs of for providers of services purchased in
  252  this manner are shall also be exempt. For purposes of this
  253  subparagraph sub-subparagraph, the term “providers” means health
  254  professionals, health facilities, or organizations that deliver
  255  or arrange for the delivery of health services.
  256         6. Services provided to persons with mental or physical
  257  disabilities by not-for-profit corporations which have obtained
  258  exemptions under the provisions of s. 501(c)(3) of the United
  259  States Internal Revenue Code or when such services are governed
  260  by the provisions of Office of Management and Budget Circular A
  261  122. However, in acquiring such services, the agency shall
  262  consider the ability of the vendor, past performance,
  263  willingness to meet time requirements, and price.
  264         7. Medicaid services delivered to an eligible Medicaid
  265  recipient unless the agency is directed otherwise by in law.
  266         8. Family placement services.
  267         9. Services provided by an eligible lead community-based
  268  provider as described in s. 409.1671(1)(e) currently under
  269  contract with the Department of Children and Family Services and
  270  in compliance with the department’s performance, fiscal, and
  271  administrative standards.
  272         10.9. Prevention services related to mental health,
  273  including drug abuse prevention programs, child abuse prevention
  274  programs, and shelters for runaways, operated by not-for-profit
  275  corporations. However, in acquiring such services, the agency
  276  must shall consider the ability of the vendor, past performance,
  277  willingness to meet time requirements, and price.
  278         11.10. Training and education services provided to injured
  279  employees pursuant to s. 440.491(6).
  280         12.11. Contracts entered into pursuant to s. 337.11.
  281         13.12. Services or commodities provided by governmental
  282  agencies.
  283         Section 3. This act shall take effect July 1, 2011.