Senate Bill sb1258

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    Florida Senate - 2001                                  SB 1258

    By Senator Mitchell





    4-770B-01

  1                      A bill to be entitled

  2         An act relating to behavioral health services;

  3         providing legislative findings with respect to

  4         providing mental health and

  5         substance-abuse-treatment services; requiring

  6         the Department of Children and Family Services

  7         and the Agency for Health Care Administration

  8         to contract for the establishment of two

  9         behavioral health service delivery strategies

10         to test methods and techniques for

11         coordinating, integrating, and managing the

12         delivery of mental health services and

13         substance-abuse-treatment services for persons

14         with emotional, mental, or addictive disorders;

15         requiring a managing entity for each service

16         delivery strategy; requiring that costs be

17         shared by the Department of Children and Family

18         Services and the Agency for Health Care

19         Administration; specifying the goals of the

20         service delivery strategies; specifying the

21         target population of persons to be enrolled

22         under each strategy; requiring a continuing

23         care system; requiring an advisory body for

24         each demonstration model; requiring certain

25         cooperative agreements; providing reporting

26         requirements; requiring an independent entity

27         to evaluate the service delivery strategies;

28         requiring annual reports; creating a statewide

29         Behavioral Health Policy Integration Council;

30         requiring the council to coordinate mental

31         health and substance-abuse-treatment policy;

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    Florida Senate - 2001                                  SB 1258
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  1         providing for the membership of the council;

  2         requiring the council to report to the Governor

  3         and the Legislature each year; providing for

  4         the council to be abolished; providing an

  5         effective date.

  6

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

  8

  9         Section 1.  Behavioral Health Service Delivery

10  Strategies.--

11         (1)  LEGISLATIVE FINDINGS.--The Legislature finds that

12  a management structure that establishes the responsibility for

13  mental health and substance-abuse-treatment services with a

14  single entity and that contains a flexible funding arrangement

15  is more likely to allow for customized services to meet

16  individual client needs and to provide incentives for provider

17  agencies to serve persons in the target population who have

18  the most complex treatment and support needs. The Legislature

19  recognizes that in order for the state's publicly funded

20  mental health and substance-abuse-treatment systems to evolve

21  into a single well-integrated behavioral health system, a

22  transition period is needed and demonstration sites must be

23  developed where new ideas and technologies may be experienced

24  and critically reviewed.

25         (2)  SERVICE DELIVERY STRATEGIES.--The Department of

26  Children and Family Services and the Agency for Health Care

27  Administration shall develop service delivery strategies that

28  will improve the coordination, integration, and management of

29  the delivery of mental health and substance-abuse-treatment

30  services to persons with emotional, mental, or addictive

31  disorders. It is the intent of the Legislature that a

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    Florida Senate - 2001                                  SB 1258
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  1  well-managed service delivery system will increase access for

  2  those in need of care, improve the coordination and continuity

  3  of care for vulnerable and high-risk populations, redirect

  4  service dollars from restrictive care settings and out-of-date

  5  service models to community-based psychiatric rehabilitation

  6  services, and reward cost-effective and appropriate care

  7  patterns. The Legislature recognizes that the Medicaid, mental

  8  health, and substance-abuse-treatment programs are three

  9  separate systems and that each has unique characteristics,

10  including unique requirements for eligibility. To move toward

11  a well-integrated system of behavioral health care services

12  will require careful planning and implementation. It is the

13  intent of the Legislature that the service delivery strategies

14  will be the first phase of transferring the provision and

15  management of mental health and substance-abuse-treatment

16  services provided by the Department of Children and Family

17  Services and the Medicaid program from traditional

18  fee-for-service and unit-cost contracting methods to

19  risk-sharing arrangements. As used in this section, the term

20  "behavioral health care services" means mental health services

21  and substance-abuse-treatment services that are provided with

22  state and federal funds.

23         (3)  ORGANIZATION AND FUNCTIONS.--

24         (a)  The Department of Children and Family Services and

25  the Agency for Health Care Administration shall contract for

26  the provision and management of behavioral health services

27  with a managing entity in at least two geographic areas. The

28  Department of Children and Family Services and the Agency for

29  Health Care Administration must contract with the same

30  managing entity in each distinct geographic area. This

31  managing entity shall be accountable for the delivery of all

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    Florida Senate - 2001                                  SB 1258
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  1  behavioral health services for children, adolescents, and

  2  adults which are funded under the Medicaid program and under

  3  the Department of Children and Family Services. The geographic

  4  area must be of sufficient size in population and sufficient

  5  in the amount of available public funds for behavioral health

  6  services to allow for flexibility and maximum efficiency. At

  7  least one demonstration model must complement the closure of

  8  the G. Pierce Wood Memorial Hospital.

  9         (b)  Under one service delivery strategy, the

10  Department of Children and Family Services may contract with a

11  prepaid mental health plan that operates pursuant to section

12  409.912, Florida Statutes. Under that strategy, the Department

13  of Children and Family Services is not required to

14  competitively procure those services and, notwithstanding

15  other provisions of law, may employ prospective payment

16  methodologies that the department finds are necessary to

17  improve client care or institute more efficient practices. The

18  Department of Children and Family Services may employ in its

19  contract any provision of the current Medicaid contract with

20  the prepaid plan or any other provision necessary to improve

21  quality, access, continuity, and price.

22         (c)  Under one service delivery strategy, the

23  Department of Children and Family Services and the Agency for

24  Health Care Administration shall competitively procure a

25  contract for the management of behavioral health services with

26  a managing entity. The Department of Children and Family

27  Services and the Agency for Health Care Administration may

28  purchase from the managing entity the management services

29  necessary to improve continuity of care and access to care,

30  contain costs, and improve quality of care. The Department of

31

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    Florida Senate - 2001                                  SB 1258
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  1  Children and Family Services and the Agency for Health Care

  2  Administration may:

  3         1.  Establish benefit packages based on the level of

  4  severity of illness and level of client functioning;

  5         2.  Align and integrate procedure codes, standards, or

  6  other requirements if it is jointly determined that these

  7  actions will simplify or improve client services and

  8  efficiencies in service delivery;

  9         3.  Use prepaid per capita and prepaid aggregate

10  fixed-sum payment methodologies; and

11         4.  Modify their current procedure codes to increase

12  clinical flexibility, encourage the use of the most effective

13  interventions, and support rehabilitative activities.

14         (d)  Under both strategies, the managing entity shall

15  manage and coordinate all publicly funded diagnostic or

16  assessment services, acute care services, rehabilitative

17  services, support services, and continuing care services for

18  persons who meet the financial criteria specified in part IV

19  of chapter 394, Florida Statutes, for publicly funded mental

20  health and substance-abuse-treatment services. The managing

21  entity shall be solely accountable for a geographic area and

22  shall coordinate the emergency care system. The managing

23  entity may be a network of existing providers with an

24  administrative-services organization that can function

25  independently, may be an administrative-services organization

26  that is independent of local provider agencies, or may be an

27  entity of state or local government.

28         (e)  The cost of the contract shall be shared through a

29  combination of funds from the Department of Children and

30  Family Services and the Agency for Health Care Administration.

31  To operate the managing entity, the Department of Children and

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    Florida Senate - 2001                                  SB 1258
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  1  Family Services and the Agency for Health Care Administration

  2  may not expend more than 10 percent of the annual

  3  appropriations for mental health and substance-abuse-treatment

  4  services prorated to the geographic areas and must include all

  5  behavioral health Medicaid funds, including psychiatric

  6  inpatient funds.

  7         (f)  Contracting and payment mechanisms for services

  8  should promote flexibility and responsiveness and should allow

  9  different categorical funds to be combined. The service array

10  should be determined by using needs assessment and

11  best-practice models.

12         (4)  GOALS.--The goal of the service delivery

13  strategies is to provide a design for an effective

14  coordination, integration, and management approach for

15  delivering effective behavioral health services to persons who

16  are experiencing a mental health or substance abuse crisis,

17  who have a disabling mental illness or substance abuse

18  disorder and will require extended services in order to

19  recover from their illness, or who need brief treatment or

20  supportive interventions to avoid a crisis or disability.

21  Other goals of the models include the following:

22         (a)  Improve accountability for a local system of

23  behavioral health care services to meet performance outcomes

24  and standards.

25         (b)  Assure continuity of care for all children,

26  adolescents, and adults who enter the publicly funded

27  behavioral health service system.

28         (c)  Provide early diagnosis and treatment

29  interventions to enhance recovery and prevent hospitalization.

30         (d)  Improve assessment of local needs for behavioral

31  health services.

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    Florida Senate - 2001                                  SB 1258
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  1         (e)  Improve the overall quality of behavioral health

  2  care through the use of best-practice models.

  3         (f)  Demonstrate improved service integration between

  4  behavioral health programs and other programs, such as

  5  vocational rehabilitation, education, child welfare, primary

  6  health care, emergency services, and criminal justice.

  7         (g)  Provide for additional testing of creative and

  8  flexible strategies for financing behavioral health services

  9  to enhance individualized treatment and support services.

10         (h)  Control the costs of services without sacrificing

11  quality of care.

12         (i)  Coordinate the admissions and discharges from

13  state mental health hospitals and residential treatment

14  centers.

15         (j)  Improve the integration, accessibility, and

16  dissemination of behavioral health data for planning and

17  monitoring purposes.

18         (5)  ESSENTIAL ELEMENTS.--

19         (a)  The managing entity must demonstrate the ability

20  of its network of providers to comply with the pertinent

21  provisions of chapters 394 and 397, Florida Statutes, and to

22  assure the provision of comprehensive behavioral health

23  services.

24         (b)  The target population to be enrolled in the

25  service delivery strategies must include children,

26  adolescents, and adults who fall into the following

27  categories:

28         1.  Adults in mental health crisis;

29         2.  Older adults in crisis;

30         3.  Adults with serious and persistent mental illness;

31         4.  Adults with substance-abuse problems;

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    Florida Senate - 2001                                  SB 1258
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  1         5.  Adults with forensic involvement;

  2         6.  Older adults with severe and persistent mental

  3  illness;

  4         7.  Older adults with substance-abuse problems;

  5         8.  Children and adolescents with serious emotional

  6  disturbances as defined in section 394.492(6), Florida

  7  Statutes;

  8         9.  Children with substance-abuse problems as defined

  9  in section 397.93(2), Florida Statutes;

10         10.  Children and adolescents in state custody pursuant

11  to chapter 39, Florida Statutes; and

12         11.  Children and adolescents in residential commitment

13  programs of the Department of Juvenile Justice pursuant to

14  chapter 985, Florida Statutes.

15         (c)  The service delivery strategies must include a

16  continuing care system for persons whose clinical and

17  functional status indicates the need for these services. These

18  persons will be eligible for a range of treatment,

19  rehabilitative, and support services until they no longer need

20  the services to maintain or improve their level of

21  functioning. Given the long-term nature of some mental and

22  addictive disorders, continuing care services should be

23  sensitive to the variable needs of individuals across time and

24  shall be designed to help assure easy access for persons with

25  these long-term problems. The Department of Children and

26  Family Services shall develop criteria for the continuing care

27  program for behavioral health services.

28         (d)  A local body or group must be identified by the

29  district administrator to serve in an advisory capacity to the

30  behavioral health service delivery strategy and must include

31  representatives of the local school system, the judicial

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  1  system, county government, and law enforcement agencies; a

  2  consumer of the public behavioral health care system; and a

  3  family member of a consumer of the publicly funded system.

  4  This advisory body may be the community alliance established

  5  under section 20.19(6), Florida Statutes, or any other

  6  suitable established local group.

  7         (e)  The managing entity shall ensure that written

  8  cooperative agreements are developed among the judicial

  9  system, the criminal justice system, and the local mental

10  health providers in the geographic area which define

11  strategies and alternatives for diverting, from the criminal

12  justice system to the civil system as provided under the Baker

13  Act, persons with mental illness who are arrested for a

14  misdemeanor. These agreements must also address the provision

15  of appropriate services to persons with behavioral health

16  problems who leave the criminal justice system.

17         (f)  Managing entities must submit data to the

18  Department of Children and Family Services and the Agency for

19  Health Care Administration on the use of services and the

20  outcomes for all enrolled clients. Managing entities must meet

21  performance expectations related to:

22         1.  The rate at which individuals in the community

23  receive services, including persons who receive follow-up care

24  after emergencies.

25         2.  Clinical improvement of individuals served,

26  clinically and functionally.

27         3.  Reduction of jail admissions.

28         4.  Consumer and family satisfaction.

29         5.  Satisfaction of key community constituents such as

30  law enforcement agencies, juvenile justice agencies, the

31

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  1  courts, the schools, local government entities, and others as

  2  appropriate for the locality.

  3         (g)  The Agency for Health Care Administration may seek

  4  federal waivers that are necessary to implement the behavioral

  5  health service delivery strategies.

  6         (h)  The Department of Children and Family Services, in

  7  consultation with the Agency for Health Care Administration,

  8  shall prepare an amendment by October 31, 2001, to the 2001

  9  master state plan required under section 394.75(1), Florida

10  Statutes, which describes each service delivery strategy,

11  including at least the following details:

12         1.  Operational design;

13         2.  Counties or service districts included in each

14  strategy;

15         3.  Expected outcomes; and

16         4.  Timeframes.

17         (6)  MONITORING AND EVALUATION.--The Department of

18  Children and Family Services and the Agency for Health Care

19  Administration shall provide routine monitoring and oversight

20  of and technical assistance to the service delivery

21  strategies. The Department of Children and Family Services

22  shall contract with an independent entity to conduct a

23  formative evaluation of each strategy to identify the most

24  effective methods and techniques used to manage, integrate,

25  and deliver publicly funded behavioral health services. The

26  entity conducting the evaluation shall report to the

27  Department of Children and Family Services, the Agency for

28  Health Care Administration, the Executive Office of the

29  Governor, and the Legislature every 12 months regarding the

30  status of the implementation of the service delivery

31  strategies. The report must include a summary of activities

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  1  that have occurred during the past 12 months of implementation

  2  and any problems or obstacles that prevented, or may prevent

  3  in the future, the managing entity from achieving performance

  4  goals and measures. The first status report is due January 1,

  5  2002. After the service delivery strategies have been

  6  operational for 1 year, the status report must include an

  7  analysis of administrative costs and the status of the

  8  achievement of performance outcomes. Upon receiving the annual

  9  report from the evaluator, the Department of Children and

10  Family Services and the Agency for Health Care Administration

11  shall jointly make any recommendations to the Executive Office

12  of the Governor regarding changes in the service delivery

13  strategies or in the implementation of the strategies,

14  including timeframes. The Executive Office of the Governor

15  shall consult with the appropriate legislative committees

16  prior to making changes in the design of the strategies or

17  prior to implementing the strategies in other geographic

18  areas. If the Executive Office of the Governor makes no

19  recommendation to implement the service delivery strategies in

20  other areas of the state after the strategies have operated

21  for 3 years, the strategies will cease. The Executive Office

22  of the Governor shall then submit a final report to the

23  Legislature which details the reasons for terminating the

24  strategies.

25         Section 2.  Behavioral Health Policy Integration

26  Council.--

27         (1)  There is created, in conjunction with the Office

28  of Drug Control, a statewide Behavioral Health Policy

29  Integration Council for the purpose of coordinating mental

30  health and substance-abuse-treatment policy. For

31  organizational and staffing purposes, the Behavioral Health

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    Florida Senate - 2001                                  SB 1258
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  1  Policy Integration Council is assigned to the Louis de la

  2  Parte Florida Mental Health Institute. The purpose of the

  3  council is to:

  4         (a)  Produce a statewide strategy for coordinating and

  5  integrating mental health and substance-abuse-treatment

  6  services across the public and private sector, the criminal

  7  justice system, emergency services and the primary health care

  8  system, the educational system, the judicial system, the

  9  child-protection system, the vocational and employment

10  services system, the business community, law enforcement

11  agencies, county-based human services programs, and other

12  state and community services systems as considered necessary

13  by the council to fulfill its responsibilities.

14         (b)  Assemble information from multiple sources to

15  assess the progress of the statewide strategy, facilitate data

16  integration and dissemination, and improve needs-assessment

17  methodologies.

18         (c)  Coordinate and improve performance-monitoring

19  systems.

20         (d)  Identify barriers to the effective and efficient

21  integration of mental health and substance-abuse-treatment

22  services across various systems.

23         (e)  Coordinate and provide a wide range of public

24  education and preventative activities.

25

26  The activities of the council shall be coordinated with and

27  may not duplicate the activities of the Office of Drug

28  Control.

29         (2)(a)  The following state officials or their

30  designees shall be appointed to the council:

31         1.  The Attorney General.

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  1         2.  The Executive Director of the Department of Law

  2  Enforcement.

  3         3.  The Secretary of Children and Family Services.

  4         4.  The Secretary of Health.

  5         5.  The Secretary of Corrections.

  6         6.  The Secretary of Juvenile Justice.

  7         7.  The Secretary of Elderly Affairs.

  8         8.  The Secretary of Health Care Administration.

  9         9.  The Commissioner of Education.

10         10.  The Secretary of Community Affairs.

11         11.  The Director of the Office of Drug Control.

12         12.  The Dean of the Louis de la Parte Florida Mental

13  Health Institute.

14         (b)  The Governor shall appoint the following members

15  of the public to serve on the council:

16         1.  Eight members to represent the following

17  stakeholders:

18         a.  Primary consumers of mental health and substance

19  abuse services;

20         b.  Family members of consumers;

21         c.  The Florida Chamber of Commerce;

22         d.  The Florida Association of Counties; and

23         2.  A professional having expertise or general

24  knowledge concerning issues that relate to mental health

25  programs and services; and

26         3.  A professional having expertise or general

27  knowledge concerning issues that relate to

28  substance-abuse-treatment programs and services.

29         (c)  The President of the Senate shall appoint a member

30  of the Senate to the council and the Speaker of the House of

31

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  1  Representatives shall appoint a member of the House of

  2  Representatives to the council.

  3         (d)  The Chief Justice of the Supreme Court shall

  4  appoint a member of the judiciary to the council.

  5         (3)  Beginning January 1, 2002, and each year

  6  thereafter, the Behavioral Health Policy Integration Council

  7  shall report to the Governor, the President of the Senate, and

  8  the Speaker of the House of Representatives regarding the

  9  council's progress toward achieving its purposes as specified

10  in subsection (1). The first report must include the council's

11  proposed statutory language for implementing the strategies

12  and improvements to the publicly funded behavioral health

13  system.

14         (4)  The Behavioral Health Policy Integration Council

15  is abolished on July 1, 2005.

16         Section 3.  This act shall take effect upon becoming a

17  law.

18

19            *****************************************

20                          SENATE SUMMARY

21    Creates the Behavioral Health Care Demonstration Models
      to operate for 3 years. Requires that the Department of
22    Children and Family Services and the Agency for Health
      Care Administration contract under two demonstration
23    models to test techniques and strategies for
      coordinating, integrating, and managing mental health
24    services and substance-abuse-treatment services. Provides
      requirements for the demonstration models. Requires a
25    managing entity and an advisory body for each
      demonstration model. Creates a statewide Behavioral
26    Health Policy Integration Council to coordinate mental
      health and substance-abuse-treatment policy. Requires the
27    council to report to the Governor and the Legislature
      each year. (See bill for details.)
28

29

30

31

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