Senate Bill sb1346

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    Florida Senate - 2001                                  SB 1346

    By Senator Saunders





    25-722-01

  1                      A bill to be entitled

  2         An act relating to behavioral healthcare

  3         services; amending s. 394.66, F.S.; amending

  4         legislative intent with respect to alcohol,

  5         drug abuse, and mental health services;

  6         creating s. 394.741, F.S.; providing

  7         accreditation requirements for providers of

  8         behavioral healthcare services; defining the

  9         term "behavioral healthcare services";

10         requiring certain service providers to obtain

11         accreditation under this section by a specified

12         date; providing for rulemaking by the

13         Department of Children and Family Services and

14         the Agency for Health Care Administration;

15         providing for the department and the agency to

16         have access to data submitted to accrediting

17         organizations; allowing the department and the

18         agency to perform followup monitoring of

19         deficiencies identified by accrediting

20         organizations; requiring the department and the

21         agency to report to the Legislature on the

22         practicability of privatizing all licensure and

23         monitoring functions; providing that the

24         accreditation requirements of this section

25         apply immediately to certain currently

26         accredited organizations; amending ss. 394.90,

27         397.411, F.S.; requiring, rather than allowing,

28         the agency and the department to accept the

29         surveys and inspections of accrediting

30         organizations; providing an effective date.

31  

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    Florida Senate - 2001                                  SB 1346
    25-722-01




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

  2  

  3         Section 1.  Subsections (13) and (14) are added to

  4  section 394.66, Florida Statutes, to read:

  5         394.66  Legislative intent with respect to substance

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

  7  Legislature to:

  8         (13)  Ensure that best practices are followed and that

  9  alcohol, drug abuse, and mental health services that are

10  provided under contract are maintained at the highest level of

11  quality care through the achievement of national

12  accreditation.

13         (14)  Ensure that the state agencies that license and

14  monitor providers who are under contract perform in the most

15  cost-efficient and effective manner with limited duplication

16  and disruption to the organizations that provide services.

17         Section 2.  Section 394.741, Florida Statutes, is

18  created to read:

19         394.741  Accreditation requirements for providers of

20  behavioral healthcare services.--

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

22  healthcare services" means mental health and

23  substance-abuse-treatment services.

24         (2)  Any organization that is licensed by the agency

25  and is under contract with the department or the agency to

26  provide behavioral healthcare services, or that participates

27  in the Medicaid community mental health services or targeted

28  case-management programs, must be accredited in accordance

29  with this section no later than July 1, 2006.

30         (3)  Notwithstanding any provision of law to the

31  contrary, accreditation by the following means must be

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    Florida Senate - 2001                                  SB 1346
    25-722-01




  1  accepted by the agency in lieu of its own facility-licensure

  2  requirements and by the department as a substitute for its

  3  administrative and program-monitoring requirements, except as

  4  required under subsection (4):

  5         (a)  Any organization from which the department or the

  6  agency purchases behavioral health care services must be

  7  accredited by the Joint Commission of Healthcare Organizations

  8  or must have those programs that are being purchased by the

  9  department or the agency accredited by the Commission on

10  Accreditation of Rehabilitation Facilities.

11         (b)  Any network of providers from which the department

12  or the agency purchases behavioral healthcare services must be

13  accredited by the Joint Commission of Healthcare Organizations

14  or the National Committee for Quality Assurance. Accreditation

15  of the network is to be accepted in lieu of accreditation

16  requirements for an individual organization that is part of

17  the network.

18         (4)  The department and the agency may adopt rules that

19  establish:

20         (a)  Additional standards for monitoring and licensing

21  programs and facilities which the department and the agency

22  have determined are necessary to protect the safety and

23  welfare of clients. These standards and the associated

24  monitoring must not duplicate the standards and processes

25  already covered by the accrediting bodies.

26         (b)  A sampling methodology, standards, and procedures

27  for a system of validation inspections of accredited

28  organizations that are in the middle of a 3-year accreditation

29  cycle, in order to substantiate that accredited organizations

30  are maintaining compliance with identified critical standards.

31  The rule may include a process for reviewing all organizations

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  1  24 months after accreditation to substantiate that

  2  accreditation standards are still being met.

  3         (5)  The department and the agency must be given access

  4  to all accreditation reports, corrective-action plans, and

  5  performance data submitted to the accrediting organizations.

  6  When major deficiencies, as defined by the accrediting

  7  organization, are identified through the accreditation

  8  process, the department and the agency may perform followup

  9  monitoring to assure that such deficiencies are corrected and

10  that the corrections are sustained over time.

11         (6)  The department and the agency shall report to the

12  Legislature by May 1, 2003, on the practicability of

13  privatizing all licensure and monitoring functions through an

14  accrediting organization.

15         (7)  The accreditation requirements of this section

16  apply to organizations that are under contract and that are

17  already accredited on the effective date of this section.

18         Section 3.  Subsection (5) of section 394.90, Florida

19  Statutes, is amended to read:

20         394.90  Inspection; right of entry; records.--

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

22  inspections for licensure, the survey or inspection of an

23  accrediting organization, if the provider is accredited in

24  accordance with s. 394.741 and the agency receives the report

25  of the accrediting organization. The department, in

26  consultation with the agency, shall develop, and adopt by

27  rule, specific criteria for assuring that the accrediting

28  organization has specific standards and experience related to

29  the program area being licensed, specific criteria for

30  accepting the standards and survey methodologies of an

31  accrediting organization, delineations of the obligations of

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    Florida Senate - 2001                                  SB 1346
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  1  accrediting organizations to assure adherence to those

  2  standards, criteria for receiving, accepting and maintaining

  3  the confidentiality of the survey and corrective action

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

  5  surveys.

  6         (b)  The agency shall conduct compliance investigations

  7  and sample validation inspections to evaluate the inspection

  8  process of accrediting organizations to ensure minimum

  9  standards are maintained as provided in Florida statute and

10  rule. The agency may conduct a lifesafety inspection in

11  calendar years in which an accrediting organization survey is

12  not conducted and shall conduct a full state inspection,

13  including a lifesafety inspection, if an accrediting

14  organization survey has not been conducted within the previous

15  36 months.  The agency, by accepting the survey or inspection

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

17  perform inspections.

18         Section 4.  Section 397.411, Florida Statutes, is

19  amended to read:

20         397.411  Inspection; right of entry; records.--

21         (1)(a)  An authorized agent of the department may enter

22  and inspect at any time a licensed service provider to

23  determine whether it is in compliance with statutory and

24  regulatory requirements.

25         (b)  An authorized agent of the department may, with

26  the permission of the person in charge of the premises or

27  pursuant to a warrant, enter and inspect any unlicensed

28  service provider it reasonably suspects to be operating in

29  violation of any provision of this chapter.

30         (c)  An application for licensure as a service provider

31  under this chapter constitutes full permission for an

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    Florida Senate - 2001                                  SB 1346
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  1  authorized agent of the department to enter and inspect the

  2  premises of such service provider at any time.

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

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

  5  accrediting organization, if the provider is accredited in

  6  accordance with s. 394.741 and the department receives the

  7  report of the accrediting organization. The department shall

  8  develop, and adopt by rule, specific criteria for assuring

  9  that the accrediting organization has specific standards and

10  experience related to the program area being licensed;

11  specific criteria for accepting the standards and survey

12  methodologies of an accrediting organization; delineations of

13  the obligations of accrediting organizations to assure

14  adherence to those standards; criteria for receiving,

15  accepting, and maintaining the confidentiality of the survey

16  and corrective action reports; and allowance for the

17  department's participation in surveys.

18         (b)  The department shall conduct compliance

19  investigations and sample validation inspections to evaluate

20  the inspection process of accrediting organizations to ensure

21  minimum standards are maintained as provided in Florida

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

23  and health inspection in calendar years in which an

24  accrediting organization survey is not conducted and shall

25  conduct a full state inspection, including a lifesafety

26  inspection, if an accrediting organization survey has not been

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

28  accepting the survey or inspection of an accrediting

29  organization, does not forfeit its right to perform

30  inspections.

31  

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    Florida Senate - 2001                                  SB 1346
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  1         (3)  Notwithstanding the confidentiality provisions of

  2  this chapter, a designated and authorized agent of the

  3  department may access the records of the clients of licensed

  4  service providers, but only for purposes of licensing,

  5  monitoring, and investigation.  The department may interview

  6  clients, as specified by rule.

  7         (4)  The authorized agents of the department shall

  8  schedule periodic inspections of licensed service providers in

  9  order to minimize costs and the disruption of services;

10  however, such authorized agents may inspect the facilities of

11  any licensed service provider at any time.

12         (5)  The department shall maintain as public

13  information, available to any person upon request and upon

14  payment of a reasonable charge for copying, copies of

15  licensure reports of licensed providers.

16         Section 5.  This act shall take effect July 1, 2001.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Amends legislative intent with respect to alcohol, drug
      abuse, and mental health services. Provides accreditation
21    requirements for providers of "behavioral healthcare
      services," as that term is defined in the act. Requires
22    certain service providers to obtain accreditation under
      newly created s. 394.741, F.S., by July 1, 2006. Provides
23    for rulemaking by the Department of Children and Family
      Services and the Agency for Health Care Administration.
24    Provides for the department and the agency to have access
      to data submitted to accrediting organizations. Allows
25    the department and the agency to perform followup
      monitoring of deficiencies identified by accrediting
26    organizations. Requires the department and the agency to
      report to the Legislature, by May 1, 2003, on the
27    practicability of privatizing, through an accrediting
      organization, all licensure and monitoring functions
28    relating to entities that provide behavioral healthcare
      services. Provides that the accreditation requirements
29    apply to currently accredited organizations that are
      under contract. Requires, rather than allows, the agency
30    and the department to accept the surveys and inspections
      of accrediting organizations.
31  

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