Senate Bill sb1286er

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  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; repealing s. 3 of

24         ch. 2003-279, Laws of Florida; deleting the

25         expiration date of s. 20.19(2)(c) and (4)(b)6.

26         and 8., F.S., relating to the Mental Health and

27         Substance Abuse Program Offices and the

28         appointment of the Assistant Secretary for

29         Substance Abuse and Mental Health and other

30         personnel; providing an effective date.

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

 2  

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

 4  394.655, Florida Statutes, are amended to read:

 5         394.655  The Substance Abuse and Mental Health

 6  Corporation; powers and duties; composition; evaluation and

 7  reporting requirements.--

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

 9  Corporation shall direct efforts designed to improve

10  interagency coordination of substance abuse and mental health

11  services in order to ensure that these services promote

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

13  shall provide oversight of the publicly funded substance abuse

14  and mental health systems and make policy and resource

15  recommendations that will promote system transformation by

16  providing mechanisms for input from stakeholders, including

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

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

19  responsible for oversight of the publicly funded substance

20  abuse and mental health systems and for making policy and

21  resources recommendations which will improve the coordination,

22  quality, and efficiency of the system.

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

24  the Legislature, the corporation shall exercise the following

25  responsibilities:

26         1.  Identify systemic needs for substance abuse and

27  mental health services and for recovery and resiliency-based

28  systems of care.

29         2.  Identify specific needs for substance abuse and

30  mental health services and for recovery and resiliency-based

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


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 1  or provides such services. The corporation shall prepare

 2  budget recommendations for submission to the appropriate

 3  departments for consideration in the development of their

 4  legislative budget requests and shall provide copies to the

 5  Governor, the President of the Senate, and the Speaker of the

 6  House of Representative for their consideration.

 7         3.  Facilitate improved coordination and collaboration

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

 9  abuse or mental health services in order to support recovery

10  and resiliency-based systems of care.

11         4.  Identify impediments to implementing recovery and

12  resiliency-based systems of care for substance abuse and

13  mental health programs.

14         1.  Review and assess the collection and analysis of

15  needs assessment data as described in s. 394.82.

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

17  mental health and substance abuse systems and recommend policy

18  designed to improve coordination and effectiveness.

19         3.  Provide mechanisms for substance abuse and mental

20  health stakeholders, including consumers, family members,

21  providers, and advocates to provide input concerning the

22  management of the overall system.

23         4.  Recommend priorities for service expansion.

24         5.  Prepare budget recommendations to be submitted to

25  the appropriate departments for consideration in the

26  development of their legislative budget requests and provide

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

28  Speaker of the House of Representatives for their

29  consideration.

30         6.  Review data regarding the performance of the

31  publicly funded substance abuse and mental health systems.


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 1         7.  Make recommendations concerning strategies for

 2  improving  the performance of the systems.

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

 4  mental health manpower needs and work with the department and

 5  the educational system to establish policies, consistent with

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

 7  state has the personnel it needs to continuously implement and

 8  improve its services.

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

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

11  the maximum extent possible, that Medicaid and

12  department-funded services are delivered in a coordinated

13  manner, using common service definitions, standards, and

14  accountability mechanisms.

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

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

17  substance abuse and mental health programs and services in

18  order to work toward fully developed and integrated, when

19  appropriate, substance abuse and mental health systems that

20  reflect current knowledge regarding efficacy and efficiency

21  and use best practices identified within this state or other

22  states.

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

24  understanding that describe how it will coordinate with other

25  programmatic areas within the department and with other state

26  agencies that deliver or purchase substance abuse or mental

27  health services.

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

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

30  three subsequent reappointments, except that initial

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


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

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

 3  shall be appointed by the Speaker of the House of

 4  Representatives.

 5         1.  The four members appointed by the Governor must be

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

 7  experience and interest in substance abuse and two of whom

 8  must have experience and interest in mental health.

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

10  the Senate, one member must represent the perspective of

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

12  primary consumer former client or family member of a primary

13  consumer of client of a publicly funded mental health services

14  program, and two members must be prominent community or

15  business leaders, one  of whom must have experience and

16  interest in substance abuse and one of whom must have

17  experience and interest in mental health.

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

19  House of Representatives, one member must be a primary

20  consumer former client or family member of a primary consumer

21  of client of a publicly funded substance abuse services

22  program, one member must represent the perspective of the

23  criminal justice system, and two members must be prominent

24  community or business leaders, one of whom must have

25  experience and interest in substance abuse and one of whom

26  must have experience and interest in mental health. The

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

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

29  or her designee, and a representative of local government

30  designated by the Florida Association of Counties shall serve

31  as ex officio members of the corporation.


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

 2  consumer" means a person who voluntarily identifies himself or

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

 4  past received, mental health or substance abuse services from

 5  a public or private provider or agency; who can articulate

 6  shared experiences, such as stigmatization, psychotropic

 7  medications, suicidal ideation, seclusion or restraint,

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

 9  similar to the experiences of other persons who have received

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

11  improvement of mental health or substance abuse services

12  through his or her vocation or avocation.

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

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

15  employee.

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

17  controlled by the Department of Children and Family Services

18  or the Agency for Health Care Administration may not be

19  members of the corporation.

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

21  the Speaker of the House of Representatives shall make their

22  respective appointments within 60 days after the effective

23  date of this act.

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

25  the appointing party for cause. Absence from three consecutive

26  meetings shall result in automatic removal. The chairperson of

27  the corporation shall notify the appointing party of such

28  absences.

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

30  describe how it will conduct its work.

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

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

 3  meetings may be held via teleconference or other electronic

 4  means.

 5         (i)(h)  A majority of the total current membership of

 6  the corporation constitutes a quorum of the corporation. The

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

 8  present.

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

10  Legislature and other funds available to the corporation, the

11  chairperson of the corporation may appoint advisory committees

12  to address and advise the corporation on particular issues

13  within its scope of responsibility. Members of advisory

14  committees are not subject to the prohibition in paragraph

15  (c).

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

17  shall serve without compensation but are entitled to

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

19  112.061.

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

21  otherwise required to file a financial disclosure statement

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

23  112.3144 must file disclosure of financial interests pursuant

24  to s. 112.3145.

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

26  unless reviewed and reenacted by the Legislature before that

27  date.

28         Section 2.  Section 394.66, Florida Statutes, is

29  amended to read:

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 1         394.66  Legislative intent with respect to substance

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

 3  Legislature to:

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

 5  substance abuse and mental health system is implemented by the

 6  department and its state-funded mental health providers.

 7         (2)(1)  Recognize that mental illness and substance

 8  abuse impairment are diseases that are responsive to medical

 9  and psychological interventions and management that integrate

10  treatment, rehabilitative, and support services to achieve

11  recovery quality and cost-efficient outcomes for clients and

12  for community-based treatment systems.

13         (3)(2)  Promote and improve the mental health of the

14  citizens of the state by making substance abuse and mental

15  health treatment and support services available to those

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

17  community-based system of care.

18         (4)(3)  Involve local citizens in the planning of

19  substance abuse and mental health services in their

20  communities.

21         (5)(4)  Ensure that the department and the Agency for

22  Health Care Administration work cooperatively in planning and

23  designing comprehensive community-based substance abuse and

24  mental health programs that focus on the individual needs of

25  persons served clients.

26         (6)(5)  Ensure that all activities of the Department of

27  Children and Family Services and the Agency for Health Care

28  Administration, and their respective contract providers,

29  involved in the delivery of substance abuse and mental health

30  treatment and prevention services are coordinated and

31  integrated with other local systems and groups, public and


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

 2  protection, and public health organizations; school districts;

 3  and local groups or organizations that focus on services to

 4  older adults.

 5         (7)(6)  Provide access to crisis services to all

 6  residents of the state with priority of attention being given

 7  to individuals exhibiting symptoms of acute mental illness or

 8  substance abuse.

 9         (8)(7)  Ensure that services provided to persons with

10  co-occurring mental illness and substance abuse problems be

11  integrated across treatment systems.

12         (9)(8)  Ensure continuity of care, consistent with

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

14  treatment facility into the community.

15         (10)  Ensure continuity of care, consistent with

16  minimum standards, for persons with serious and persistent

17  mental illnesses who are released from a state correctional

18  facility into the community.

19         (11)(9)  Provide accountability for service provision

20  through statewide standards for treatment and support

21  services, and statewide standards for management, monitoring,

22  and reporting of information.

23         (12)(10)  Include substance abuse and mental health

24  services as a component of the integrated service delivery

25  system of the Department of Children and Family Services.

26         (13)(11)  Ensure that the districts of the department

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

28  planning activities, including budget submissions, grant

29  applications, contracts, and other arrangements that can be

30  effected at the district level.

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 1         (14)(12)  Organize and finance community substance

 2  abuse and mental health services in local communities

 3  throughout the state through locally administered service

 4  delivery programs that are based on client outcomes, are

 5  programmatically effective, and are financially efficient, and

 6  that maximize the involvement of local citizens.

 7         (15)(13)  Promote best practices and the highest

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

 9  health services through achievement of national accreditation.

10         (16)(14)  Ensure that the state agencies licensing and

11  monitoring contracted providers perform in the most

12  cost-efficient and effective manner with limited duplication

13  and disruption to organizations providing services.

14         Section 3.  Section 3 of chapter 2003-279, Laws of

15  Florida, is repealed.

16         Section 4.  This act shall take effect upon becoming a

17  law.

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