Senate Bill sb1258e1

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  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; permitting

  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 Behavioral

29         Health Services Integration Workgroup;

30         requiring the Secretary of the Department of

31         Children and Family Services to appoint members


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  1         to the Workgroup; providing authority for a

  2         transfer of funds to support the Workgroup;

  3         requiring the Workgroup to report to the

  4         Governor and the Legislature; creating s.

  5         394.499, F.S.; authorizing the Department of

  6         Children and Family Services, in consultation

  7         with the Agency for Health Care Administration,

  8         to establish children's behavioral crisis unit

  9         demonstration models to provide integrated

10         emergency mental health and substance abuse

11         services to persons under 18 years of age at

12         facilities licensed as children's crisis

13         stabilization units; providing for standards,

14         procedures, and requirements for services;

15         providing eligibility criteria; requiring the

16         department to report on the initial

17         demonstration models; providing for expanding

18         the demonstration models; providing for

19         independent evaluation and report; providing

20         rulemaking authority; amending s. 394.66, F.S.;

21         providing legislative intent; creating s.

22         394.741, F.S.; requiring the Agency for Health

23         Care Administration and the Department of

24         Children and Family Services to accept

25         accreditation in lieu of its administrative and

26         program monitoring under certain circumstances;

27         amending s. 394.90, F.S.; requiring the Agency

28         for Health Care Administration to accept

29         accreditation in lieu of its onsite licensure

30         reviews; amending s. 397.411, F.S.; requiring

31         the Department of Children and Family Services


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  1         to accept accreditation in lieu of its onsite

  2         licensure reviews; amending s. 397.403, F.S.;

  3         conforming provisions; providing an

  4         appropriation; providing an effective date.

  5

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

  7

  8         Section 1.  Behavioral Health Service Delivery

  9  Strategies.--

10         (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature

11  finds that a management structure that places the

12  responsibility for mental health and substance-abuse-treatment

13  services within a single entity and that contains a flexible

14  funding arrangement will allow for customized services to meet

15  individual client needs and will provide incentives for

16  provider agencies to serve persons in the target population

17  who have the most complex treatment and support needs. The

18  Legislature recognizes that in order for the state's publicly

19  funded mental health and substance-abuse-treatment systems to

20  evolve into a single well-integrated behavioral health system,

21  a transition period is needed and demonstration sites must be

22  established where new ideas and technologies can be tested and

23  critically reviewed.

24         (2)  DEFINITIONS.--As used in this section, the term:

25         (a)  "Behavioral health services" means mental health

26  services and substance-abuse-treatment services that are

27  provided with state and federal funds.

28         (b)  "Managing entity" means an entity that manages the

29  delivery of behavioral health services.

30         (3)  SERVICE DELIVERY STRATEGIES.--The Department of

31  Children and Family Services and the Agency for Health Care


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  1  Administration shall develop service delivery strategies that

  2  will improve the coordination, integration, and management of

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

  4  services to persons with emotional, mental, or addictive

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

  6  well-managed service delivery system will increase access for

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

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

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

10  service models to community-based psychiatric rehabilitation

11  services, and reward cost-effective and appropriate care

12  patterns. The Legislature recognizes that the Medicaid, mental

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

14  separate systems and that each has unique characteristics,

15  including unique requirements for eligibility. To move toward

16  a well-integrated system of behavioral health care services

17  will require careful planning and implementation. It is the

18  intent of the Legislature that the service delivery strategies

19  will be the first phase of transferring the provision and

20  management of mental health and substance-abuse-treatment

21  services provided by the Department of Children and Family

22  Services and the Medicaid program from traditional

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

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

25  "behavioral health care services" means mental health services

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

27  state and federal funds.

28         (4)  CONTRACT FOR SERVICES.--

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

30  the Agency for Health Care Administration may contract for the

31  provision or management of behavioral health services with a


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  1  managing entity in at least two geographic areas. Both the

  2  Department of Children and Family Services and the Agency for

  3  Health Care Administration must contract with the same

  4  managing entity in any distinct geographic area where the

  5  strategy operates. This managing entity shall be accountable

  6  for the delivery of behavioral health services specified by

  7  the department and the agency for children, adolescents, and

  8  adults. The geographic area must be of sufficient size in

  9  population and have enough public funds for behavioral health

10  services to allow for flexibility and maximum efficiency. At

11  least one demonstration model must be in the G. Pierce Wood

12  Memorial Hospital catchment area.

13         (b)  Under one of the service delivery strategies, the

14  Department of Children and Family Services may contract with a

15  prepaid mental health plan that operates under section

16  409.912, Florida Statutes, to be the managing entity. Under

17  this strategy, the Department of Children and Family Services

18  is not required to competitively procure those services and,

19  notwithstanding other provisions of law, may employ

20  prospective payment methodologies that the department finds

21  are necessary to improve client care or institute more

22  efficient practices. The Department of Children and Family

23  Services may employ in its contract any provision of the

24  current prepaid behavioral health care plan authorized under

25  s. 409.912(3)(a) and (b), Florida Statutes, or any other

26  provision necessary to improve quality, access, continuity,

27  and price. Any contracts under this strategy in Area 6 of the

28  Agency for Health Care Administration or in the prototype

29  region under section 20.19(7), Florida Statutes, of the

30  Department of Children and Family Services may be entered with

31  the existing substance-abuse-treatment provider network if an


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  1  administrative services organization is part of its network.

  2  In Area 6 of the Agency for Health Care Administration or in

  3  the prototype region of the Department of Children and Family

  4  Services, the Department of Children and Family Services and

  5  the Agency for Health Care Administration may employ

  6  alternative service delivery and financing methodologies,

  7  which may include prospective payment for certain population

  8  groups.  The population groups that are to be provided these

  9  substance-abuse services would include at a minimum:

10  individuals and families receiving family safety services;

11  Medicaid-eligible children, adolescents, and adults who are

12  substance-abuse-impaired; or current recipients and persons at

13  risk of needing cash assistance under Florida's welfare reform

14  initiatives.

15         (c)  Under the second service delivery strategy, the

16  Department of Children and Family Services and the Agency for

17  Health Care Administration shall competitively procure a

18  contract for the management of behavioral health services with

19  a managing entity. The Department of Children and Family

20  Services and the Agency for Health Care Administration may

21  purchase from the managing entity the management services

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

23  contain costs, and improve quality of care. The managing

24  entity shall manage and coordinate all publicly funded

25  diagnostic or assessment services, acute care services,

26  rehabilitative services, support services, and continuing care

27  services for persons who meet the financial criteria specified

28  in part IV of chapter 394, Florida Statutes, for publicly

29  funded mental health and substance-abuse-treatment services or

30  for persons who are Medicaid eligible. The managing entity

31  shall be solely accountable for a geographic area and shall


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  1  coordinate the emergency care system. The managing entity may

  2  be a network of existing providers with an

  3  administrative-services organization that can function

  4  independently, may be an administrative-services organization

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

  6  entity of state or local government.

  7         (d)  Under both strategies, the Department of Children

  8  and Family Services and the Agency for Health Care

  9  Administration may:

10         1.  Establish benefit packages based on the level of

11  severity of illness and level of client functioning;

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

13  other requirements if it is jointly determined that these

14  actions will simplify or improve client services and

15  efficiencies in service delivery;

16         3.  Use prepaid per capita and prepaid aggregate

17  fixed-sum payment methodologies; and

18         4.  Modify their current procedure codes to increase

19  clinical flexibility, encourage the use of the most-effective

20  interventions, and support rehabilitative activities.

21         (e)  The cost of the managing entity contract shall be

22  funded through a combination of funds from the Department of

23  Children and Family Services and the Agency for Health Care

24  Administration. To operate the managing entity, the Department

25  of Children and Family Services and the Agency for Health Care

26  Administration may not expend more than 10 percent of the

27  annual appropriations for mental health and

28  substance-abuse-treatment services prorated to the geographic

29  areas and must include all behavioral health Medicaid funds,

30  including psychiatric inpatient funds. This restriction does

31  not apply to a prepaid behavioral health plan that is


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  1  authorized under section 409.912(3)(a) and (b), Florida

  2  Statutes.

  3         (f)  Contracting and payment mechanisms for services

  4  should promote flexibility and responsiveness and should allow

  5  different categorical funds to be combined. The service array

  6  should be determined by using needs assessment and

  7  best-practice models.

  8         (g)  Medicaid reimbursement shall remain

  9  fee-for-service and the mental health and

10  substance-abuse-treatment contracts under the Department of

11  Children and Family Services shall be based on unit service

12  costs until there has been sufficient experience with case-mix

13  analysis and service modeling to determine appropriate

14  prospective payment methodologies.

15         (h)  Medicaid contracts for Behavioral Health Overlay

16  Services for dependent children or delinquent children will

17  remain fee-for-service. Any provider who currently contracts

18  to provide Medicaid behavioral health services with

19  residential group care facilities under the Family Safety

20  program of the Department of Children and Family Services or

21  with the Department of Juvenile Justice to serve delinquent

22  youth in residential commitment programs shall be included in

23  the network of providers in both service delivery strategies

24  and shall continue the existing staffing arrangements. During

25  the operation of the service delivery strategies, any new

26  behavioral health provider that enters into a contract with

27  residential group care facilities under the Family Safety

28  program of the Department of Children and Family Services or

29  with the Department of Juvenile Justice for delinquent youth

30  in residential commitment programs shall also be included in

31  the network.


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  1         (5)  GOALS.--The goal of the service delivery

  2  strategies is to provide a design for an effective

  3  coordination, integration, and management approach for

  4  delivering effective behavioral health services to persons who

  5  are experiencing a mental health or substance abuse crisis,

  6  who have a disabling mental illness or substance abuse

  7  disorder and will require extended services in order to

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

  9  supportive interventions to avoid a crisis or disability.

10  Other goals of the models include the following:

11         (a)  Improve accountability for a local system of

12  behavioral health care services to meet performance outcomes

13  and standards.

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

15  adolescents, and adults who enter the publicly funded

16  behavioral health service system.

17         (c)  Provide early diagnosis and treatment

18  interventions to enhance recovery and prevent hospitalization.

19         (d)  Improve assessment of local needs for behavioral

20  health services.

21         (e)  Improve the overall quality of behavioral health

22  services through the use of best-practice models.

23         (f)  Demonstrate improved service integration between

24  behavioral health programs and other programs, such as

25  vocational rehabilitation, education, child welfare, primary

26  health care, emergency services, and criminal justice.

27         (g)  Provide for additional testing of creative and

28  flexible strategies for financing behavioral health services

29  to enhance individualized treatment and support services.

30         (h)  Control the costs of services without sacrificing

31  quality of care.


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  1         (i)  Coordinate the admissions and discharges from

  2  state mental health hospitals and residential treatment

  3  centers.

  4         (j)  Improve the integration, accessibility, and

  5  dissemination of behavioral health data for planning and

  6  monitoring purposes.

  7         (k)  Promote specialized behavioral health services to

  8  residents of assisted living facilities.

  9         (l)  Reduce the admissions and the length of stay for

10  dependent children in residential treatment centers.

11         (m)  Provide services to abused and neglected children

12  and their families as indicated in court-ordered case plans.

13         (6)  ESSENTIAL ELEMENTS.--

14         (a)  The managing entity must demonstrate the ability

15  of its network of providers to comply with the pertinent

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

17  assure the provision of comprehensive behavioral health

18  services. The network of providers shall include, but is not

19  limited to, mental health centers, substance-abuse-treatment

20  providers, hospitals, licensed psychiatrists, licensed

21  psychiatric nurses, and mental health professionals licensed

22  under chapter 490 or chapter 491, Florida Statutes. A

23  behavioral health client served by the network under the

24  service delivery strategies may reside in his or her own home

25  or in settings including, but not limited to, assisted living

26  facilities, skilled nursing facilities, foster homes, or group

27  homes.

28         (b)  The target population to be served in the service

29  delivery strategies must include children, adolescents, and

30  adults who fall into the following categories:

31         1.  Adults in mental health crisis;


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  1         2.  Older adults in crisis;

  2         3.  Adults with serious and persistent mental illness;

  3         4.  Adults with substance-abuse problems;

  4         5.  Adults with forensic involvement;

  5         6.  Older adults with severe and persistent mental

  6  illness;

  7         7.  Older adults with substance-abuse problems;

  8         8.  Children and adolescents with serious emotional

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

10  Statutes;

11         9.  Children with substance-abuse problems as defined

12  in section 397.93(2), Florida Statutes;

13         10.  Children and adolescents in state custody pursuant

14  to chapter 39, Florida Statutes; and

15         11.  Children and adolescents in residential commitment

16  programs of the Department of Juvenile Justice pursuant to

17  chapter 985, Florida Statutes.

18         (c)  The service delivery strategies must include a

19  continuing care system for persons whose clinical and

20  functional status indicates the need for these services. These

21  persons will be eligible for a range of treatment,

22  rehabilitative, and support services until they no longer need

23  the services to maintain or improve their level of

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

25  addictive disorders, continuing care services should be

26  sensitive to the variable needs of individuals across time and

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

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

29  Family Services shall develop criteria for the continuing care

30  program for behavioral health services.

31


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

  2  district administrator of the Department of Children and

  3  Family Services to serve in an advisory capacity to the

  4  behavioral health service delivery strategy and must include

  5  representatives of the local school system, the judicial

  6  system, county government, public and private Baker Act

  7  receiving facilities, and law enforcement agencies; a consumer

  8  of the public behavioral health system; and a family member of

  9  a consumer of the publicly funded system. This advisory body

10  may be the community alliance established under section

11  20.19(6), Florida Statutes, or any other suitable established

12  local group.

13         (e)  The managing entity shall ensure that written

14  cooperative agreements are developed among the judicial

15  system, the criminal justice system, and the local behavioral

16  health providers in the geographic area which define

17  strategies and alternatives for diverting, from the criminal

18  justice system to the civil system as provided under part I of

19  chapter 394, Florida Statutes, or chapter 397, Florida

20  Statutes, persons with behavioral health problems who are

21  arrested for a misdemeanor. These agreements must also address

22  the provision of appropriate services to persons with

23  behavioral health problems who leave the criminal justice

24  system.

25         (f)  Managing entities must submit data to the

26  Department of Children and Family Services and the Agency for

27  Health Care Administration on the use of services and the

28  outcomes for all enrolled clients. Managing entities must meet

29  performance standards developed by the Agency for Health Care

30  Administration and the Department of Children and Family

31  Services related to:


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  1         1.  The rate at which individuals in the community

  2  receive services, including persons who receive followup care

  3  after emergencies.

  4         2.  Clinical improvement of individuals served,

  5  clinically and functionally.

  6         3.  Reduction of jail admissions.

  7         4.  Consumer and family satisfaction.

  8         5.  Satisfaction of key community constituents such as

  9  law enforcement agencies, juvenile justice agencies, the

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

11  appropriate for the locality.

12         (g)  The Agency for Health Care Administration may

13  establish a certified match program, which must be voluntary.

14  Under a certified match program, reimbursement is limited to

15  the federal Medicaid share to Medicaid-enrolled strategy

16  participants. The agency shall take no action to implement a

17  certified match program without ensuring that the consultation

18  provisions of chapter 216, Florida Statutes, have been met.

19  The agency may seek federal waivers that are necessary to

20  implement the behavioral health service delivery strategies.

21         (h)1.  The Department of Children and Family Services,

22  in consultation with the Agency for Health Care

23  Administration, shall prepare an amendment by October 31,

24  2001, to the 2001 master state plan required under section

25  394.75(1), Florida Statutes, which describes each service

26  delivery strategy, including at least the following details:

27         a.  Operational design;

28         b.  Counties or service districts included in each

29  strategy;

30         c.  Expected outcomes; and

31         d.  Timeframes.


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  1         2.  The amendment shall specifically address the

  2  application of each service delivery strategy to

  3  substance-abuse services, including:

  4         a.  The development of substance-abuse-service

  5  protocols;

  6         b.  Credentialing requirements for substance-abuse

  7  services; and

  8         c.  The development of new service models for

  9  individuals with co-occurring mental health and

10  substance-abuse disorders.

11         3.  The amendment must specifically address the

12  application of each service delivery strategy to the child

13  welfare system, including:

14         a.  The development of service models that support

15  working with both children and their families in a

16  community-based care system and that are specific to the child

17  welfare system.

18         b.  A process for providing services to abused and

19  neglected children and their families as indicated in

20  court-ordered case plans.

21         (7)  MONITORING AND EVALUATION.--The Department of

22  Children and Family Services and the Agency for Health Care

23  Administration shall provide routine monitoring and oversight

24  of and technical assistance to the managing entities. The

25  Louis de la Parte Florida Mental Health Institute shall

26  conduct an ongoing formative evaluation of each strategy to

27  identify the most effective methods and techniques used to

28  manage, integrate, and deliver behavioral health services. The

29  entity conducting the evaluation shall report to the

30  Department of Children and Family Services, the Agency for

31  Health Care Administration, the Executive Office of the


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  1  Governor, and the Legislature every 12 months regarding the

  2  status of the implementation of the service delivery

  3  strategies. The report must include a summary of activities

  4  that have occurred during the past 12 months of implementation

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

  6  in the future, the managing entity from achieving performance

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

  8  2002. After the service delivery strategies have been

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

10  analysis of administrative costs and the status of the

11  achievement of performance outcomes. Upon receiving the annual

12  report from the evaluator, the Department of Children and

13  Family Services and the Agency for Health Care Administration

14  shall jointly make any recommendations to the Executive Office

15  of the Governor regarding changes in the service delivery

16  strategies or in the implementation of the strategies,

17  including timeframes. The Executive Office of the Governor

18  shall consult with the appropriate legislative committees

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

20  prior to implementing the strategies in other geographic

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

22  recommendation to implement the service delivery strategies in

23  other areas of the state after the strategies have operated

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

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

26  Legislature which details the reasons for terminating the

27  strategies.

28         Section 2.  Behavioral Health Services Integration

29  Workgroup.--

30         (1)  The Secretary of the Department of Children and

31  Family Services shall establish the Behavioral Health Services


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  1  Integration Workgroup, which, at a minimum, shall include

  2  representatives from the following: Department of Juvenile

  3  Justice, the Department of Corrections, and the Department of

  4  Education; the Office of Drug Control Policy; the Agency for

  5  Health Care Administration; and county jails, homeless

  6  coalitions, county government, providers of behavioral health

  7  services, public and private Baker Act receiving facilities,

  8  providers of child-protection services, assisted living

  9  facilities serving behavioral health clients, and consumers of

10  behavioral health services and their families.  The Behavioral

11  Health Services Integration Workgroup shall assess barriers to

12  the effective and efficient integration of mental health and

13  substance-abuse-treatment services across various systems,

14  propose solutions to these barriers, and ensure that plans for

15  mental health and substance-abuse-treatment services which are

16  required by statute consider these solutions.  Under chapter

17  216, Florida Statutes, the Department of Children and Family

18  Services may transfer up to $200,000 to support the Behavioral

19  Health Services Integration Workgroup.

20         (2)  The Behavioral Health Services Integration

21  Workgroup shall submit a report to the Governor, the President

22  of the Senate, and the Speaker of the House of Representatives

23  by January 1, 2002, regarding the Workgroup's progress toward

24  achieving the goals specified in subsection (1).

25         Section 3.  Section 394.499, Florida Statutes, is

26  created to read:

27         394.499  Integrated children's crisis stabilization

28  unit/juvenile addictions receiving facility services.--

29         (1)  Beginning July 1, 2001, the Department of Children

30  and Family Services, in consultation with the Agency for

31  Health Care Administration, is authorized to establish


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  1  children's behavioral crisis unit demonstration models in

  2  Collier, Lee, and Sarasota Counties. By December 31, 2003, the

  3  department shall submit to the President of the Senate, the

  4  Speaker of the House of Representatives, and the chairs of the

  5  Senate and House committees that oversee departmental

  6  activities a report that evaluates the number of clients

  7  served, quality of services, performance outcomes, and

  8  feasibility of continuing or expanding the demonstration

  9  models. Beginning July 1, 2004, subject to approval by the

10  Legislature, the department, in cooperation with the agency,

11  may expand the demonstration models to other areas in the

12  state. The children's behavioral crisis unit demonstration

13  models will integrate children's mental health crisis

14  stabilization units with substance abuse juvenile addictions

15  receiving facility services, to provide emergency mental

16  health and substance abuse services that are integrated within

17  facilities licensed and designated by the agency for children

18  under 18 years of age who meet criteria for admission or

19  examination under this section. The services shall be

20  designated as "integrated children's crisis stabilization

21  unit/juvenile addictions receiving facility services," shall

22  be licensed by the agency as children's crisis stabilization

23  units, and shall meet all licensure requirements for crisis

24  stabilization units. The department, in cooperation with the

25  agency, shall develop standards that address eligibility

26  criteria, clinical procedures, staffing requirements,

27  operational, administrative, and financing requirements, and

28  investigation of complaints for such integrated facility

29  services. Standards that are implemented specific to substance

30  abuse services shall meet or exceed existing standards for

31  addictions receiving facilities.


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  1         (2)  Children eligible to receive integrated children's

  2  crisis stabilization unit/juvenile addictions receiving

  3  facility services include:

  4         (a)  A person under 18 years of age for whom voluntary

  5  application is made by his or her guardian, if such person is

  6  found to show evidence of mental illness and to be suitable

  7  for treatment pursuant to s. 394.4625. A person under 18 years

  8  of age may be admitted for integrated facility services only

  9  after a hearing to verify that the consent to admission is

10  voluntary.

11         (b)  A person under 18 years of age who may be taken to

12  a receiving facility for involuntary examination, if there is

13  reason to believe that he or she is mentally ill and because

14  of his or her mental illness, pursuant to s. 394.463:

15         1.  Has refused voluntary examination after

16  conscientious explanation and disclosure of the purpose of the

17  examination; or

18         2.  Is unable to determine for himself or herself

19  whether examination is necessary; and

20         a.  Without care or treatment is likely to suffer from

21  neglect or refuse to care for himself or herself; such neglect

22  or refusal poses a real and present threat of substantial harm

23  to his or her well-being; and it is not apparent that such

24  harm may be avoided through the help of willing family members

25  or friends or the provision of other services; or

26         b.  There is a substantial likelihood that without care

27  or treatment he or she will cause serious bodily harm to

28  himself or herself or others in the near future, as evidenced

29  by recent behavior.

30

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  1         (c)  A person under 18 years of age who wishes to enter

  2  treatment for substance abuse and applies to a service

  3  provider for voluntary admission, pursuant to s. 397.601.

  4         (d)  A person under 18 years of age who meets the

  5  criteria for involuntary admission because there is good faith

  6  reason to believe the person is substance abuse impaired

  7  pursuant to s. 397.675 and, because of such impairment:

  8         1.  Has lost the power of self-control with respect to

  9  substance use; and

10         2.a.  Has inflicted, or threatened or attempted to

11  inflict, or unless admitted is likely to inflict, physical

12  harm on himself or herself or another; or

13         b.  Is in need of substance abuse services and, by

14  reason of substance abuse impairment, his or her judgment has

15  been so impaired that the person is incapable of appreciating

16  his or her need for such services and of making a rational

17  decision in regard thereto; however, mere refusal to receive

18  such services does not constitute evidence of lack of judgment

19  with respect to his or her need for such services.

20         (e)  A person under 18 years of age who meets the

21  criteria for examination or admission under paragraph (b) or

22  paragraph (d) and has a coexisting mental health and substance

23  abuse disorder.

24         (3)  The department shall contract for an independent

25  evaluation of the children's behavioral crisis unit

26  demonstration models to identify the most effective ways to

27  provide integrated crisis stabilization unit/juvenile

28  addiction receiving facility services to children. The

29  evaluation shall be reported to the Legislature by December

30  31, 2003.

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  1         (4)  The department, in cooperation with the agency, is

  2  authorized to adopt rules regarding standards and procedures

  3  for integrated children's crisis stabilization unit/juvenile

  4  addictions receiving facility services.

  5         Section 4.  Nothing in section 3 of this act shall be

  6  construed to require an existing crisis stabilization unit or

  7  juvenile addictions receiving facility to convert to a

  8  children's behavioral crisis unit.

  9         Section 5.  Subsections (13) and (14) are added to

10  section 394.66, Florida Statutes, to read:

11         394.66  Legislative intent with respect to substance

12  abuse and mental health services.--It is the intent of the

13  Legislature to:

14         (13)  Promote best practices and the highest quality of

15  care in contacted alcohol, drug abuse, and mental health

16  services through achievement of national accreditation.

17         (14)  Ensure that the state agencies, licensing and

18  monitoring contracted providers, perform in the most

19  cost-efficient and effective manner with limited duplication

20  and disruption to organizations providing services.

21         Section 6.  Section 394.741, Florida Statutes, is

22  created to read:

23         394.741  Accreditation requirements for providers of

24  behavioral health services.--

25         (1)  As used in this section, the term "behavioral

26  health services" means mental health and substance abuse

27  treatment services.

28         (2)  Notwithstanding any provision of law to the

29  contrary, accreditation shall be accepted by the agency and

30  department in lieu of the agency's and department's facility

31  licensure on-site review requirements and shall be accepted as


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  1  a substitute for the department's administrative and program

  2  monitoring requirements, except as required by subsections (3)

  3  and (4):

  4         (a)  Any organization from which the department

  5  purchases behavioral health care services that is accredited

  6  by the Joint Commission on Accreditation of Healthcare

  7  Organizations or the Council on Accreditation for Children and

  8  Family Services, or have those services that are being

  9  purchased by the department accredited by CARF--the

10  Rehabilitation Accreditation Commission.

11         (b)  Any mental health facility licensed by the agency

12  or any substance abuse component licensed by the department

13  that is accredited by the Joint Commission on Accreditation of

14  Healthcare Organizations, CARF--the Rehabilitation

15  Accreditation Commission or the Council on Accreditation of

16  Children and Family Services.

17         (c)  Any network of providers from which the department

18  or the agency purchase behavioral health care services

19  accredited by the Joint Commission on Accreditation of

20  Healthcare Organizations, CARF--the Rehabilitation

21  Accreditation Commission, the Council on Accreditation of

22  Children and Family Services, or the National Committee for

23  Quality Assurance. A provider organization, which is part of

24  an accredited network, is afforded the same rights under this

25  part.

26         (3)  For mental health services, the department and the

27  agency may adopt rules that establish:

28         (a)  Additional standards for monitoring and licensing

29  accredited programs and facilities that the department and the

30  agency have determined are not specifically and distinctly

31  covered by the accreditation standards and processes. These


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  1  standards and the associated monitoring must not duplicate the

  2  standards and processes already covered by the accrediting

  3  bodies.

  4         (b)  An on-site monitoring process between 24 months

  5  and 36 months after accreditation for non-residential

  6  facilities to assure that accredited organizations exempt from

  7  licensing and monitoring activities under this part continue

  8  to comply with critical standards.

  9         (c)  An on-site monitoring process between 12 months

10  and 24 months after accreditation for residential facilities

11  to assure that accredited organizations exempt from licensing

12  and monitoring activities under this part continue to comply

13  with critical standards.

14         (4)  For substance abuse services, the department shall

15  conduct full licensure inspections every three years and shall

16  develop in rule criteria which would justify more frequent

17  inspections.

18         (5)  The department and the agency shall be given

19  access to all accreditation reports, corrective action plans,

20  and performance data submitted to the accrediting

21  organizations. When major deficiencies, as defined by the

22  accrediting organization, are identified through the

23  accreditation process, the department and the agency may

24  perform followup monitoring to assure that such deficiencies

25  are corrected and that the corrections are sustained over

26  time. Proof of compliance with fire and health safety

27  standards will be submitted as required by rule.

28         (6)  The department or agency, by accepting the survey

29  or inspection of an accrediting organization, does not forfeit

30  its rights to perform inspections at any time, including

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  1  contract monitoring to ensure that deliverables are provided

  2  in accordance with the contract.

  3         (7)  The department and the agency shall report to the

  4  Legislature by January 1, 2003, on the viability of mandating

  5  all organizations under contract with the department for the

  6  provision of behavioral healthcare services, or licensed by

  7  the agency or department to be accredited. The department and

  8  the agency shall also report to the Legislature by January 1,

  9  2003, on the viability of privatizing all licensure and

10  monitoring functions through an accrediting organization.

11         (8)  The accreditation requirements of this section

12  shall apply to contracted organizations that are already

13  accredited immediately upon becoming law.

14         Section 7.  Subsection (5) of section 394.90, Florida

15  Statutes, is amended to read:

16         394.90  Inspection; right of entry; records.--

17         (5)(a)  The agency shall may accept, in lieu of its own

18  inspections for licensure, the survey or inspection of an

19  accrediting organization, if the provider is accredited

20  according to the provisions of s. 394.741 and the agency

21  receives the report of the accrediting organization. The

22  department, in consultation with the agency, shall develop,

23  and adopt by rule, specific criteria for assuring that the

24  accrediting organization has specific standards and experience

25  related to the program area being licensed, specific criteria

26  for accepting the standards and survey methodologies of an

27  accrediting organization, delineations of the obligations of

28  accrediting organizations to assure adherence to those

29  standards, criteria for receiving, accepting and maintaining

30  the confidentiality of the survey and corrective action

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  1  reports, and allowance for the agency's participation in

  2  surveys.

  3         (b)  The agency shall conduct compliance investigations

  4  and sample validation inspections to evaluate the inspection

  5  process of accrediting organizations to ensure minimum

  6  standards are maintained as provided in Florida statute and

  7  rule. The agency may conduct a lifesafety inspection in

  8  calendar years in which an accrediting organization survey is

  9  not conducted and shall conduct a full state inspection,

10  including a lifesafety inspection, if an accrediting

11  organization survey has not been conducted within the previous

12  36 months.  The agency, by accepting the survey or inspection

13  of an accrediting organization, does not forfeit its right to

14  perform inspections.

15         Section 8.  Subsection (2) of section 397.411, Florida

16  Statutes, is amended to read:

17         397.411  Inspection; right of entry; records.--

18         (2)(a)  The department shall may accept, in lieu of its

19  own inspections for licensure, the survey or inspection of an

20  accrediting organization, if the provider is accredited

21  according to the provisions of s. 394.741 and the department

22  receives the report of the accrediting organization. The

23  department shall develop, and adopt by rule, specific criteria

24  for assuring that the accrediting organization has specific

25  standards and experience related to the program area being

26  licensed; specific criteria for accepting the standards and

27  survey methodologies of an accrediting organization;

28  delineations of the obligations of accrediting organizations

29  to assure adherence to those standards; criteria for

30  receiving, accepting, and maintaining the confidentiality of

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  1  the survey and corrective action reports; and allowance for

  2  the department's participation in surveys.

  3         (b)  The department shall conduct compliance

  4  investigations and sample validation inspections to evaluate

  5  the inspection process of accrediting organizations to ensure

  6  minimum standards are maintained as provided in Florida

  7  statute and rule. The department may conduct a fire, safety,

  8  and health inspection in calendar years in which an

  9  accrediting organization survey is not conducted and shall

10  conduct a full state inspection, including a lifesafety

11  inspection, if an accrediting organization survey has not been

12  conducted within the previous 36 months.  The department, by

13  accepting the survey or inspection of an accrediting

14  organization, does not forfeit its right to perform

15  inspections.

16         Section 9.  Subsection (3) of section 397.403, Florida

17  Statutes, is amended to read:

18         397.403  License application.--

19         (3)  The department shall accept proof of accreditation

20  by CARF--the Rehabilitation Accreditation Commission on

21  Accreditation of Rehabilitation Facilities (CARF) or the Joint

22  Commission on Accreditation of Health Care Organizations

23  (JCAHCO), or through any other nationally recognized

24  certification process that is acceptable to the department and

25  meets the minimum licensure requirements under this chapter,

26  in lieu of requiring the applicant to submit the information

27  required by paragraphs (1)(a)-(c).

28         Section 10.  The sum of $166,794 from the General

29  Revenue Fund and $85,924 from the Administrative Trust Fund is

30  appropriated to the Department of Children and Family Services

31  to implement the provisions of this act.


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  1         Section 11.  This act shall take effect upon becoming a

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