Senate Bill sb1286c1

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    Florida Senate - 2006                           CS for SB 1286

    By the Committee on Children and Families; and Senator Lynn





    586-1873-06

  1                      A bill to be entitled

  2         An act relating to substance abuse and mental

  3         health services; amending s. 394.655, F.S.;

  4         revising the duties of the Florida Substance

  5         Abuse and Mental Health Corporation; requiring

  6         the corporation to ensure the provision of

  7         services that promote recovery and

  8         resiliency-based systems of care; requiring

  9         that certain members appointed to the

10         corporation be primary consumers of mental

11         health or substance abuse services or family

12         members of primary consumers of such services;

13         defining the term "primary consumer"; delaying

14         the date when provisions establishing the

15         corporation are scheduled to expire; amending

16         s. 394.66, F.S.; revising and providing

17         additional legislative intent with respect to

18         the substance abuse and mental health services

19         provided by the Department of Children and

20         Family Services and its providers; requiring

21         that continuity of care be ensured for persons

22         having a mental illness who are released from a

23         state correctional facility; providing an

24         effective date.

25  

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

27  

28         Section 1.  Subsections (3), (6), and (11) of section

29  394.655, Florida Statutes, are amended to read:

30  

31  

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    Florida Senate - 2006                           CS for SB 1286
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 1         394.655  The Substance Abuse and Mental Health

 2  Corporation; powers and duties; composition; evaluation and

 3  reporting requirements.--

 4         (3)(a)  The Florida Substance Abuse and Mental Health

 5  Corporation shall direct efforts designed to improve

 6  interagency coordination of substance abuse and mental health

 7  services in order to ensure that these services promote

 8  recovery and resiliency-based systems of care. The corporation

 9  shall provide oversight of the publicly funded substance abuse

10  and mental health systems and make policy and resource

11  recommendations that will promote system transformation by

12  providing mechanisms for input from stakeholders, including

13  primary consumers, family members, providers, and advocates,

14  concerning the management of the overall system, and that be

15  responsible for oversight of the publicly funded substance

16  abuse and mental health systems and for making policy and

17  resources recommendations which will improve the coordination,

18  quality, and efficiency of the system.

19         (b)  Subject to and consistent with direction set by

20  the Legislature, the corporation shall exercise the following

21  responsibilities:

22         1.  Identify systemic needs for substance abuse and

23  mental health services and for recovery and resiliency-based

24  systems of care.

25         2.  Identify specific needs for substance abuse and

26  mental health services and for recovery and resiliency-based

27  systems of care for each state agency that funds, purchases,

28  or provides such services. The corporation shall prepare

29  budget recommendations for submission to the appropriate

30  departments for consideration in the development of their

31  legislative budget requests and shall provide copies to the

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    Florida Senate - 2006                           CS for SB 1286
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 1  Governor, the President of the Senate, and the Speaker of the

 2  House of Representative for their consideration.

 3         3.  Facilitate improved coordination and collaboration

 4  among state agencies that fund, purchase, or provide substance

 5  abuse or mental health services in order to support recovery

 6  and resiliency-based systems of care.

 7         4.  Identify impediments to implementing recovery and

 8  resiliency-based systems of care for substance abuse and

 9  mental health programs.

10         1.  Review and assess the collection and analysis of

11  needs assessment data as described in s. 394.82.

12         2.  Review and assess the status of the publicly funded

13  mental health and substance abuse systems and recommend policy

14  designed to improve coordination and effectiveness.

15         3.  Provide mechanisms for substance abuse and mental

16  health stakeholders, including consumers, family members,

17  providers, and advocates to provide input concerning the

18  management of the overall system.

19         4.  Recommend priorities for service expansion.

20         5.  Prepare budget recommendations to be submitted to

21  the appropriate departments for consideration in the

22  development of their legislative budget requests and provide

23  copies to the Governor, the President of the Senate, and the

24  Speaker of the House of Representatives for their

25  consideration.

26         6.  Review data regarding the performance of the

27  publicly funded substance abuse and mental health systems.

28         7.  Make recommendations concerning strategies for

29  improving  the performance of the systems.

30         8.  Review, assess, and forecast substance abuse and

31  mental health manpower needs and work with the department and

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    Florida Senate - 2006                           CS for SB 1286
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 1  the educational system to establish policies, consistent with

 2  the direction of the Legislature, which will ensure that the

 3  state has the personnel it needs to continuously implement and

 4  improve its services.

 5         (c)(b)  The corporation shall work with the department

 6  and the Agency for Health Care Administration to assure, to

 7  the maximum extent possible, that Medicaid and

 8  department-funded services are delivered in a coordinated

 9  manner, using common service definitions, standards, and

10  accountability mechanisms.

11         (d)(c)  The corporation shall also work with other

12  agencies of  state government which provide, purchase, or fund

13  substance abuse and mental health programs and services in

14  order to work toward fully developed and integrated, when

15  appropriate, substance abuse and mental health systems that

16  reflect current knowledge regarding efficacy and efficiency

17  and use best practices identified within this state or other

18  states.

19         (e)(d)  The corporation shall develop memoranda of

20  understanding that describe how it will coordinate with other

21  programmatic areas within the department and with other state

22  agencies that deliver or purchase substance abuse or mental

23  health services.

24         (6)(a)  The corporation shall be comprised of 12

25  members, each appointed to a 2-year term, with not more than

26  three subsequent reappointments, except that initial

27  legislative appointments shall be for 3-year terms. Four

28  members shall be appointed by the Governor, four members shall

29  be appointed by the President of the Senate, and four members

30  shall be appointed by the Speaker of the House of

31  Representatives.

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    Florida Senate - 2006                           CS for SB 1286
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 1         1.  The four members appointed by the Governor must be

 2  prominent community or business leaders, two of whom must have

 3  experience and interest in substance abuse and two of whom

 4  must have experience and interest in mental health.

 5         2.  Of the four members appointed by the President of

 6  the Senate, one member must represent the perspective of

 7  community-based care under chapter 409, one member must be a

 8  primary consumer former client or family member of a primary

 9  consumer of client of a publicly funded mental health services

10  program, and two members must be prominent community or

11  business leaders, one  of whom must have experience and

12  interest in substance abuse and one of whom must have

13  experience and interest in mental health.

14         3.  Of the four members appointed by the Speaker of the

15  House of Representatives, one member must be a primary

16  consumer former client or family member of a primary consumer

17  of client of a publicly funded substance abuse services

18  program, one member must represent the perspective of the

19  criminal justice system, and two members must be prominent

20  community or business leaders, one of whom must have

21  experience and interest in substance abuse and one of whom

22  must have experience and interest in mental health. The

23  Secretary of Children and Family Services, or his or her

24  designee, the Secretary of Health Care Administration, or his

25  or her designee, and a representative of local government

26  designated by the Florida Association of Counties shall serve

27  as ex officio members of the corporation.

28         (b)  As used in this subsection, the term "primary

29  consumer" means a person who voluntarily identifies himself or

30  herself as a person who is currently receiving, or has in the

31  past received, mental health or substance abuse services from

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    Florida Senate - 2006                           CS for SB 1286
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 1  a public or private provider or agency; who can articulate

 2  shared experiences, such as stigmatization, psychotropic

 3  medications, suicidal ideation, seclusion or restraint,

 4  benefit eligibility, trauma, or violence history, which are

 5  similar to the experiences of other persons who have received

 6  such services; and who voluntarily acts as an advocate for the

 7  improvement of mental health or substance abuse services

 8  through his or her vocation or avocation.

 9         (c)(b)  The corporation shall be chaired by a member

10  designated  by the Governor who may not be a public sector

11  employee.

12         (d)(c)  Persons who derive their income from resources

13  controlled by the Department of Children and Family Services

14  or the Agency for Health Care Administration may not be

15  members of the corporation.

16         (e)(d)  The Governor, the President of the Senate, and

17  the Speaker of the House of Representatives shall make their

18  respective appointments within 60 days after the effective

19  date of this act.

20         (f)(e)  A member of the corporation may be removed by

21  the appointing party for cause. Absence from three consecutive

22  meetings shall result in automatic removal. The chairperson of

23  the corporation shall notify the appointing party of such

24  absences.

25         (g)(f)  The corporation shall develop bylaws that

26  describe how it will conduct its work.

27         (h)(g)  The corporation shall meet at least quarterly

28  and at other times upon the call of its chair. Corporation

29  meetings may be held via teleconference or other electronic

30  means.

31  

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    Florida Senate - 2006                           CS for SB 1286
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 1         (i)(h)  A majority of the total current membership of

 2  the corporation constitutes a quorum of the corporation. The

 3  corporation may only meet and take action when a quorum is

 4  present.

 5         (j)(i)  Within resources appropriated by the

 6  Legislature and other funds available to the corporation, the

 7  chairperson of the corporation may appoint advisory committees

 8  to address and advise the corporation on particular issues

 9  within its scope of responsibility. Members of advisory

10  committees are not subject to the prohibition in paragraph

11  (c).

12         (k)(j)  Members of the corporation and its committees

13  shall serve without compensation but are entitled to

14  reimbursement for travel and per diem expenses pursuant to s.

15  112.061.

16         (l)(k)  Each member of the corporation who is not

17  otherwise required to file a financial disclosure statement

18  pursuant to s. 8, Art. II of the State Constitution or s.

19  112.3144 must file disclosure of financial interests pursuant

20  to s. 112.3145.

21         (11)  This section expires on October 1, 2011 2006,

22  unless reviewed and reenacted by the Legislature before that

23  date.

24         Section 2.  Section 394.66, Florida Statutes, is

25  amended to read:

26         394.66  Legislative intent with respect to substance

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

28  Legislature to:

29         (1)  Ensure that a recovery and resiliency-based

30  substance abuse and mental health system is implemented by the

31  department and its state-funded mental health providers.

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    Florida Senate - 2006                           CS for SB 1286
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 1         (2)(1)  Recognize that mental illness and substance

 2  abuse impairment are diseases that are responsive to medical

 3  and psychological interventions and management that integrate

 4  treatment, rehabilitative, and support services to achieve

 5  recovery quality and cost-efficient outcomes for clients and

 6  for community-based treatment systems.

 7         (3)(2)  Promote and improve the mental health of the

 8  citizens of the state by making substance abuse and mental

 9  health treatment and support services available to those

10  persons who are most in need and least able to pay, through a

11  community-based system of care.

12         (4)(3)  Involve local citizens in the planning of

13  substance abuse and mental health services in their

14  communities.

15         (5)(4)  Ensure that the department and the Agency for

16  Health Care Administration work cooperatively in planning and

17  designing comprehensive community-based substance abuse and

18  mental health programs that focus on the individual needs of

19  persons served clients.

20         (6)(5)  Ensure that all activities of the Department of

21  Children and Family Services and the Agency for Health Care

22  Administration, and their respective contract providers,

23  involved in the delivery of substance abuse and mental health

24  treatment and prevention services are coordinated and

25  integrated with other local systems and groups, public and

26  private, such as juvenile justice, criminal justice, child

27  protection, and public health organizations; school districts;

28  and local groups or organizations that focus on services to

29  older adults.

30         (7)(6)  Provide access to crisis services to all

31  residents of the state with priority of attention being given

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    Florida Senate - 2006                           CS for SB 1286
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 1  to individuals exhibiting symptoms of acute mental illness or

 2  substance abuse.

 3         (8)(7)  Ensure that services provided to persons with

 4  co-occurring mental illness and substance abuse problems be

 5  integrated across treatment systems.

 6         (9)(8)  Ensure continuity of care, consistent with

 7  minimum standards, for persons who are released from a state

 8  treatment facility into the community.

 9         (10)  Ensure continuity of care, consistent with

10  minimum standards, for persons with serious and persistent

11  mental illnesses who are released from a state correctional

12  facility into the community.

13         (11)(9)  Provide accountability for service provision

14  through statewide standards for treatment and support

15  services, and statewide standards for management, monitoring,

16  and reporting of information.

17         (12)(10)  Include substance abuse and mental health

18  services as a component of the integrated service delivery

19  system of the Department of Children and Family Services.

20         (13)(11)  Ensure that the districts of the department

21  are the focal point of all substance abuse and mental health

22  planning activities, including budget submissions, grant

23  applications, contracts, and other arrangements that can be

24  effected at the district level.

25         (14)(12)  Organize and finance community substance

26  abuse and mental health services in local communities

27  throughout the state through locally administered service

28  delivery programs that are based on client outcomes, are

29  programmatically effective, and are financially efficient, and

30  that maximize the involvement of local citizens.

31  

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    Florida Senate - 2006                           CS for SB 1286
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 1         (15)(13)  Promote best practices and the highest

 2  quality of care in contracted alcohol, drug abuse, and mental

 3  health services through achievement of national accreditation.

 4         (16)(14)  Ensure that the state agencies licensing and

 5  monitoring contracted providers perform in the most

 6  cost-efficient and effective manner with limited duplication

 7  and disruption to organizations providing services.

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

 9  law.

10  

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                             SB 1286

13                                 

14  Substantially revises the duties of the Substance Abuse and
    Mental Health Corporation by consolidating current
15  responsibilities and providing that the activities of the
    corporation shall focus on directing efforts to improve
16  interagency coordination of services to support a recovery and
    resiliency-based system of care.
17  
    Revises qualifications of the consumer members of the
18  corporation and provides a definition for "primary consumer."

19  Amends legislative intent in part IV of chapter 394, F.S., to
    include the implementation of a recovery and resiliency-based
20  system by the Department of Children and Family Services and
    to ensure continuity of care for persons with serious mental
21  illnesses being released from correctional programs into the
    community.
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