Here is a copy of the bill introduced by Florida State Senator Evelyn Lynn from Volusia.

Florida Senate – 2008 SB 2278

7-03570-08 20082278__

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

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1 A bill to be entitled

2 An act relating to government organization; amending s.

3 20.197, F.S.; transferring the Agency for Persons with

4 Disabilities from the Department of Children and Family

5 Services to the Agency for Health Care Administration;

providing an effective date. 67

Be It Enacted by the Legislature of the State of Florida: 89

10 Section 1. Section 20.197, Florida Statutes, is amended to

11 read:

12 20.197 Agency for Persons with Disabilities.–There is

13 created the Agency for Persons with Disabilities, housed within

14 the Agency for Health Care Administration Department of Children

15 and Family Services for administrative purposes only. The agency

16 shall be a separate budget entity not subject to control,

17 supervision, or direction by the Agency for Health Care

18 Administration Department of Children and Family Services in any

19 manner, including, but not limited to, personnel, purchasing,

20 transactions involving real or personal property, and budgetary

21 matters.

22 (1) The director of the agency shall be the agency head for

23 all purposes and shall be appointed by the Governor, subject to

24 confirmation by the Senate, and shall serve at the pleasure of

25 the Governor. The director shall administer the affairs of the

26 agency and may, within available resources, employ assistants,

27 professional staff, and other employees as necessary to discharge

28 the powers and duties of the agency.

29 (2) The agency shall include a Division of Budget and

By Senator Lynn

Florida Senate – 2008 SB 2278

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30 Planning and a Division of Operations. In addition, and in

31 accordance with s. 20.04, the director of the agency may

32 recommend establishing additional divisions, bureaus, sections,

33 and subsections of the agency in order to promote efficient and

34 effective operation of the agency.

35 (3) The agency is responsible for providing all services

36 provided to persons with developmental disabilities under chapter

37 393, including the operation of all state institutional programs

38 and the programmatic management of Medicaid waivers established

39 to provide services to persons with developmental disabilities.

40 (4) The agency shall engage in such other administrative

41 activities as are deemed necessary to effectively and efficiently

42 address the needs of the agency’s clients.

43 (5) The agency shall enter into an interagency agreement

44 that delineates the responsibilities of the Agency for Health

45 Care Administration for the following:

46 (a) The terms and execution of contracts with Medicaid

47 providers for the provision of services provided through

48 Medicaid, including federally approved waiver programs.

49 (b) The billing, payment, and reconciliation of claims for

50 Medicaid services reimbursed by the agency.

51 (c) The implementation of utilization management measures,

52 including the prior authorization of services plans and the

53 streamlining and consolidation of waiver services, to ensure the

54 cost-effective provision of needed Medicaid services and to

55 maximize the number of persons with access to such services.

56 (d) A system of approving each client’s plan of care to

57 ensure that the services on the plan of care are those that

58 without which the client would require the services of an

Florida Senate – 2008 SB 2278

7-03570-08 20082278__

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

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59 intermediate care facility for the developmentally disabled.

60 Section 2. This act shall take effect July 1, 2008.