Bill Text: FL S1584 | 2010 | Regular Session | Comm Sub
Bill Title: Procurement of Contractual Services [SPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Health and Human Services Appropriations [S1584 Detail]
Download: Florida-2010-S1584-Comm_Sub.html
Florida Senate - 2010 CS for CS for SB 1584 By the Committees on Criminal Justice; and Children, Families, and Elder Affairs; and Senator Smith 591-04378-10 20101584c2 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: 38 287.0575 Outsourced 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 (4) State agencies shall provide an analysis of every new 126 governmental mandate, form, or procedure required of a service 127 provider under a contract for the outsourcing of human services 128 which was not in effect when the contract was originally entered 129 into. The analysis must identify the cost to the provider of any 130 new requirements and must be transmitted to the provider before 131 any new mandate, form, or procedure may be used or implemented. 132 The analysis must also include a fiscal impact statement with 133 respect to each new form, procedure, or mandate required or 134 imposed. 135 (5) State agencies must accept all mandated reports and 136 invoices from service providers electronically and shall 137 establish a procedure that allows for posting all core documents 138 in secure electronic storage. If a service provider uses such 139 storage, the state agency must have access to the electronic 140 storage for monitoring core documents, and shall by rule or 141 contract require that the provider deposit administrative 142 documents requested by the department or agency in such storage. 143 (6) Any contractor aggrieved by the refusal or failure of a 144 governmental unit to negotiate a contract amendment to remedy 145 the financial impact of a new governmental mandate constitutes 146 an agency action for the purposes of chapter 120. 147 (7) Each agency shall annually review all contract 148 requirements, mandated reports, outcome measures, and other 149 requirements of a provider. The list must include citations to 150 reference sources for the mandate, such as laws, rules, or 151 policies. The list shall be submitted to the Governor. 152 Section 2. Paragraph (c) is added to subsection (6) of 153 section 216.136, Florida Statutes, to read: 154 216.136 Consensus estimating conferences; duties and 155 principals.— 156 (6) SOCIAL SERVICES ESTIMATING CONFERENCE.— 157 (c) The Social Services Estimating Conference shall be 158 convened annually for the purpose of developing information that 159 is related to mental health, substance abuse, child welfare, or 160 juvenile justice services needs, including, but not limited to, 161 enrollment, caseload, utilization, and expenditures that reflect 162 population growth and economic trends. 163 Section 3. This act shall take effect upon becoming a law.
