House Bill 2111
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    Florida House of Representatives - 1999                HB 2111
        By the Committee on Health Care Services and
    Representative Peaden
  1                      A bill to be entitled
  2         An act relating to mental health and substance
  3         abuse; establishing a commission on mental
  4         health and substance abuse; providing
  5         membership and duties; providing for an
  6         advisory committee; providing for staff and
  7         meetings; requiring reports and
  8         recommendations; providing appropriations;
  9         authorizing the Department of Children and
10         Family Services to use unit-costing contract
11         payments for a specified time period;
12         authorizing reimbursement of expenditures for
13         certain contracts; providing for rules;
14         providing an effective date.
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16  Be It Enacted by the Legislature of the State of Florida:
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18         Section 1.  Commission on Mental Health and Substance
19  Abuse.--
20         (1)  FINDINGS.--The Legislature finds that:  major
21  changes and improvements have occurred in how health care
22  services are planned, purchased, delivered, coordinated, and
23  accounted for; the management of the state's substance abuse
24  and mental health services system delineated in part IV of
25  chapter 394, Florida Statutes, has not been systematically
26  reviewed and updated in over 15 years; and the management of
27  the state-supported mental health and substance abuse system
28  has not kept pace with improvements in the field, thereby
29  diminishing the potential efficacy of its investment in mental
30  health services and substance abuse services. Therefore, it is
31  the intent of the Legislature that a systematic review of the
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    Florida House of Representatives - 1999                HB 2111
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  1  overall management of the state's mental health and substance
  2  abuse system be conducted and that recommendations for
  3  updating part IV of chapter 394, Florida Statutes, and other
  4  related statutes be formulated.
  5         (2)  CREATION.--There is created, within the Executive
  6  Office of the Governor, the Commission on Mental Health and
  7  Substance Abuse.
  8         (3)  DUTIES.--The duties of the Commission on Mental
  9  Health and Substance Abuse include the following:
10         (a)  Conducting a review and evaluation of the
11  management and functioning of the existing publicly supported
12  mental health and substance abuse systems and services in the
13  Department of Children and Family Services, the Department of
14  Health, the Agency for Health Care Administration, and all
15  other departments which administer mental health and substance
16  abuse services.  Such review shall include, at a minimum, a
17  review of current goals and objectives, current planning,
18  service strategies, coordination management, purchasing,
19  contracting, financing, local government funding
20  responsibility, and accountability mechanisms. The commission
21  shall coordinate its activities and recommendations with the
22  Office of Drug Control of the Executive Office of the
23  Governor.
24         (b)  Addressing the unique mental health and substance
25  abuse needs of older persons, which shall be an integral
26  component of the duties of the commission as specified in
27  paragraph (a).
28         (c)  Addressing access to, and financing of, emergency
29  behavioral health care services.
30         (d)  Addressing the quality and effectiveness of
31  current mental health services delivery systems, professional
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    Florida House of Representatives - 1999                HB 2111
    169-436-99
  1  staffing and clinical structure of services, roles and
  2  responsibilities of public and private providers, such as
  3  community mental health centers and hospitals, including
  4  emergency services departments, and law enforcement.
  5         (e)  Formulating recommendations to the Governor and
  6  Legislature regarding the mission and objectives of
  7  state-supported mental health and substance abuse services and
  8  the planning, management, staffing, financing, contracting,
  9  coordination, and accountability mechanisms which will best
10  foster the recommended mission and objectives.
11         (4)  MEMBERSHIP.--The commission shall be composed of
12  22 members.
13         (a)  One member shall be a member of the Senate and
14  shall be appointed by the President of the Senate.
15         (b)  One member shall be a member of the House of
16  Representatives and shall be appointed by the Speaker of the
17  House of Representatives.
18         (c)  One member shall be the Secretary of Children and
19  Family Services or his or her designee.
20         (d)  One member shall be the Director of Health Care
21  Administration or his or her designee.
22         (e)  The following members shall be appointed by the
23  Governor:
24         1.  One consumer of the mental health delivery system.
25         2.  One family member of a consumer of the mental
26  health delivery system.
27         3.  One representative of county government.
28         4.  One representative of the Florida Mental Health
29  Institute.
30         5.  One corporate employer of a corporation that
31  provides mental health benefits to employees but is not in the
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  1  business of providing mental health or substance abuse
  2  services.
  3         6.  One representative of an acute care hospital with
  4  psychiatric beds or a mental health program.
  5         7.  One representative of a community mental health
  6  provider.
  7         8.  One representative of a community substance abuse
  8  provider.
  9         9.  A licensed psychiatrist working within the mental
10  health delivery system.
11         10.  A licensed psychologist working within the mental
12  health delivery system.
13         11.  Two other licensed mental health professionals.
14         12.  An emergency room physician.
15         13.  One representative of an insurer offering mental
16  and physical health insurance benefits.
17         14.  One representative of a specialty hospital
18  licensed pursuant to chapter 395, Florida Statutes, that
19  provides behavioral health care and addictive services.
20         15.  One representative from law enforcement.
21         16.  One representative from the judicial system.
22         17.  One representative of a child welfare agency
23  involved in the delivery of behavioral health services.
24         (5)  ADVISORY COMMITTEE.--The commission shall appoint
25  at least one advisory committee representative of all state
26  agencies involved in administering mental health and substance
27  abuse services, and consumers, family members of consumers,
28  and current providers of public mental health or substance
29  abuse services.
30         (6)  STAFF.--The Executive Office of the Governor shall
31  appoint an executive director recommended by the commission,
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  1  who shall provide professional expertise and arrange for
  2  required consultation, analysis, and secretarial/clerical
  3  support for the commission.  Additional staff support shall be
  4  provided by the Department of Children and Family Services.
  5         (7)  MEETINGS; REPORTS.--
  6         (a)  The commission shall conduct its first meeting no
  7  later than September 1999.
  8         (b)  The commission shall meet as often as necessary to
  9  fulfill its responsibilities.
10         (c)  Committees shall be assigned as needed, composed
11  of representatives of the commission and the advisory
12  committee, and employees of the involved state agencies.
13         (d)  All commission meetings shall be open to the
14  public and shall be held at various locations around the state
15  to facilitate public participation.
16         (e)  The commission shall elect a chairperson from
17  among its members.
18         (f)  The commission shall, as one of its first duties,
19  adopt rules of procedure which shall, at a minimum, include a
20  requirement that the recommendations of the commission be
21  adopted by at least two-thirds of those commission members
22  present.
23         (g)  The commission shall submit an interim report to
24  the Governor, the Speaker of the House of Representatives, and
25  the President of the Senate no later than March 1, 2000.
26         (h)  A final report with recommendations shall be
27  submitted to the Governor, the Speaker of the House of
28  Representatives, and the President of the Senate no later than
29  December 1, 2000.
30         (i)  Authorization for the Commission on Mental Health
31  and Substance Abuse expires effective May 15, 2001.
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    Florida House of Representatives - 1999                HB 2111
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  1         Section 2.  There is hereby appropriated for each of
  2  fiscal years 1999-2000 and 2000-2001 the sum of $75,000 from
  3  the General Revenue Fund and $75,000 from administrative funds
  4  available under Title XIX of the Social Security Act
  5  (Medicaid), to the Executive Office of the Governor to fund
  6  the Commission on Mental Health and Substance Abuse.
  7         Section 3.  Interim contract and payment
  8  authorization.--
  9         (1)  Notwithstanding s. 394.76(3)(a) and (c), Florida
10  Statutes, the Department of Children and Family Services may
11  use unit-costing methods of payment in contracts for
12  purchasing mental health and substance abuse services through
13  June 30, 2001. The unit-cost contracting system shall account
14  for those patient fees that are paid on behalf of a specific
15  client and those that are earned and used by the provider for
16  those services funded in whole or in part by the department.
17         (2)  The department may reimburse actual expenditures
18  for start-up contracts and fixed capital outlay contracts in
19  accordance with contract specifications for purchasing mental
20  health and substance abuse services.
21         (3)  The department shall adopt administrative rules
22  pursuant to chapter 120, Florida Statutes, to implement this
23  section.
24         Section 4.  This act shall take effect July 1, 1999.
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    Florida House of Representatives - 1999                HB 2111
    169-436-99
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  2                          HOUSE SUMMARY
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      Creates the Commission on Mental Health and Substance
  4    Abuse, within the Executive Office of the Governor, to
      review and evaluate the existing mental health and
  5    substance abuse system and services. Provides for
      membership, duties, staff, advisory committees, and
  6    meetings. Requires reports with recommendations to the
      Governor and Legislature. Provides appropriations for
  7    fiscal years 1999-2000 and 2000-2001. Authorizes the
      Department of Children and Family Services to use
  8    unit-costing methods of payment for contracts for mental
      health and substance abuse services through June 30,
  9    2001, and to reimburse actual expenditures for start-up
      contracts and fixed capital outlay contracts for
10    purchasing mental health and substance abuse services.
      Authorizes department rules.
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