Florida Senate - 2012         (PROPOSED COMMITTEE BILL) SPB 7164
       
       
       
       FOR CONSIDERATION By the Committee on Children, Families, and
       Elder Affairs
       
       
       
       586-01059-12                                          20127164__
    1                        A bill to be entitled                      
    2         An act relating to substance abuse and mental health
    3         services; amending s. 394.9082, F.S.; revising
    4         legislative findings regarding the management
    5         structure of entities that provide behavioral health
    6         treatment and prevention services; redefining the
    7         terms “managing entity” and “provider networks”;
    8         requiring the Department of Children and Family
    9         Services to negotiate a reasonable and appropriate
   10         administrative cost rate for the system of behavioral
   11         health services with community-based managing
   12         entities; requiring that mental health or substance
   13         abuse providers currently under contract with the
   14         department be offered a contract by the managing
   15         entity for 1 year; revising the core functions to be
   16         performed by the managing entity; revising the
   17         governance structure of the managing entity; revising
   18         the requirements relating to the qualification and
   19         operational criteria used by the department when
   20         selecting a managing entity; revising the
   21         responsibilities of the department; authorizing the
   22         department to adopt rules; providing an effective
   23         date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 394.9082, Florida Statutes, is amended
   28  to read:
   29         394.9082 Behavioral health managing entities.—
   30         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   31  that untreated behavioral health disorders constitute major
   32  health problems for residents of this state, are a major
   33  economic burden to the citizens of this state, and substantially
   34  increase demands on the state’s juvenile and adult criminal
   35  justice systems, the child welfare system, and health care
   36  systems. The Legislature finds that behavioral health disorders
   37  respond to appropriate treatment, rehabilitation, and supportive
   38  intervention. The Legislature finds that it has made a
   39  substantial long-term investment in the funding of the
   40  community-based behavioral health prevention and treatment
   41  service systems and facilities in order to provide critical
   42  emergency, acute care, residential, outpatient, and
   43  rehabilitative and recovery-based services. The Legislature
   44  finds that local communities have also made substantial
   45  investments in behavioral health services, contracting with
   46  safety net providers who by mandate and mission provide
   47  specialized services to vulnerable and hard-to-serve populations
   48  and have strong ties to local public health and public safety
   49  agencies. The Legislature finds that a management structure that
   50  places the responsibility for publicly financed behavioral
   51  health treatment and prevention services within a single
   52  private, nonprofit entity at the local level will promote
   53  improved access to care, promote service continuity, and provide
   54  for more efficient and effective delivery of substance abuse and
   55  mental health services. The Legislature finds that streamlining
   56  administrative processes will create cost efficiencies and
   57  provide flexibility to better match available services to
   58  consumers’ identified needs.
   59         (2) DEFINITIONS.—As used in this section, the term:
   60         (a) “Behavioral health services” means mental health
   61  services and substance abuse prevention and treatment services
   62  as defined in this chapter and chapter 397 which are provided
   63  using state and federal funds.
   64         (b) “Decisionmaking model” means a comprehensive management
   65  information system needed to answer the following management
   66  questions at the federal, state, regional, circuit, and local
   67  provider levels: who receives what services from which providers
   68  with what outcomes and at what costs?
   69         (c) “Geographic area” means a county, circuit, regional, or
   70  multiregional area in this state.
   71         (d) “Managing entity” means a corporation that is
   72  incorporated or registered organized in this state and that
   73  manages, is designated or filed as a nonprofit organization
   74  under s. 501(c)(3) of the Internal Revenue Code, and is under
   75  contract to the department to manage the day-to-day operational
   76  delivery of behavioral health services through an organized
   77  system of care under contract with the department.
   78         (e) “Provider networks” mean the direct service agencies
   79  that are under contract with a managing entity and that together
   80  constitute a comprehensive array of emergency, acute care,
   81  residential, outpatient, recovery support, and consumer support
   82  services.
   83         (3) SERVICE DELIVERY STRATEGIES.—The department may work
   84  through managing entities to develop service delivery strategies
   85  that will improve the coordination, integration, and management
   86  of the delivery of behavioral health services to people who have
   87  mental or substance use disorders. It is the intent of the
   88  Legislature that a well-managed service delivery system will
   89  increase access for those in need of care, improve the
   90  coordination and continuity of care for vulnerable and high-risk
   91  populations, and redirect service dollars from restrictive care
   92  settings to community-based recovery services.
   93         (4) CONTRACT FOR SERVICES.—
   94         (a) The department may contract for the purchase and
   95  management of behavioral health services with community-based
   96  managing entities. The department may require a managing entity
   97  to contract for specialized services that are not currently part
   98  of the managing entity’s network if the department determines
   99  that to do so is in the best interests of consumers of services.
  100  The secretary shall determine the schedule for phasing in
  101  contracts with managing entities. The managing entities shall,
  102  at a minimum, be accountable for the operational oversight of
  103  the delivery of behavioral health services funded by the
  104  department and for the collection and submission of the required
  105  data pertaining to these contracted services. A managing entity
  106  shall serve a geographic area designated by the department. The
  107  geographic area must be of sufficient size in population and
  108  have enough public funds for behavioral health services to allow
  109  for flexibility and maximum efficiency.
  110         (b) The operating costs of the managing entity contract
  111  shall be funded through funds from the department and any
  112  savings and efficiencies achieved through the implementation of
  113  managing entities when realized by their participating provider
  114  network agencies. The department recognizes that managing
  115  entities will have infrastructure development costs during
  116  start-up so that any efficiencies to be realized by providers
  117  from consolidation of management functions, and the resulting
  118  savings, will not be achieved during the early years of
  119  operation. The department shall negotiate a reasonable and
  120  appropriate administrative cost rate for the system of care
  121  managed by with the managing entity. The Legislature intends
  122  that reduced local and state contract management and other
  123  administrative duties passed on to the managing entity allows
  124  funds previously allocated for these purposes to be
  125  proportionately reduced and the savings used to purchase the
  126  administrative functions of the managing entity. Policies and
  127  procedures of the department for monitoring contracts with
  128  managing entities shall include provisions for eliminating
  129  duplication within the provider network and between of the
  130  department’s and the managing entities’ contract management and
  131  other administrative activities in order to achieve the goals of
  132  cost-effectiveness and regulatory relief. To the maximum extent
  133  possible, provider-monitoring activities shall be assigned to
  134  the managing entity.
  135         (c) Contracting and payment mechanisms for services must
  136  promote clinical and financial flexibility and responsiveness
  137  and must allow different categorical funds to be integrated at
  138  the point of service. The contracted service array must be
  139  determined by using public input, needs assessment, and
  140  evidence-based and promising best practice models. The
  141  department may employ care management methodologies, prepaid
  142  capitation, and case rate or other methods of payment which
  143  promote flexibility, efficiency, and accountability.
  144         (5) GOALS.—The goal of the service delivery strategies is
  145  to provide a design for an effective coordination, integration,
  146  and management approach for delivering effective behavioral
  147  health services to persons who are experiencing a mental health
  148  or substance abuse crisis, who have a disabling mental illness
  149  or a substance use or co-occurring disorder, and require
  150  extended services in order to recover from their illness, or who
  151  need brief treatment or longer-term supportive interventions to
  152  avoid a crisis or disability. Other goals include:
  153         (a) Improving accountability for a local system of
  154  behavioral health care services to meet performance outcomes and
  155  standards through the use of reliable and timely data.
  156         (b) Enhancing the continuity of care for all children,
  157  adolescents, and adults who enter the publicly funded behavioral
  158  health service system.
  159         (c) Preserving the “safety net” of publicly funded
  160  behavioral health services and providers, and recognizing and
  161  ensuring continued local contributions to these services, by
  162  establishing locally designed and community-monitored systems of
  163  care.
  164         (d) Providing early diagnosis and treatment interventions
  165  to enhance recovery and prevent hospitalization.
  166         (e) Improving the assessment of local needs for behavioral
  167  health services.
  168         (f) Improving the overall quality of behavioral health
  169  services through the use of evidence-based, best practice, and
  170  promising practice models.
  171         (g) Demonstrating improved service integration between
  172  behavioral health programs and other programs, such as
  173  vocational rehabilitation, education, child welfare, primary
  174  health care, emergency services, juvenile justice, and criminal
  175  justice.
  176         (h) Providing for additional testing of creative and
  177  flexible strategies for financing behavioral health services to
  178  enhance individualized treatment and support services.
  179         (i) Promoting cost-effective quality care.
  180         (j) Working with the state to coordinate admissions and
  181  discharges from state civil and forensic hospitals and
  182  coordinating admissions and discharges from residential
  183  treatment centers.
  184         (k) Improving the integration, accessibility, and
  185  dissemination of behavioral health data for planning and
  186  monitoring purposes.
  187         (l) Promoting specialized behavioral health services to
  188  residents of assisted living facilities.
  189         (m) Working with the state and other stakeholders to reduce
  190  the admissions and the length of stay for dependent children in
  191  residential treatment centers.
  192         (n) Providing services to adults and children with co
  193  occurring disorders of mental illnesses and substance abuse
  194  problems.
  195         (o) Providing services to elder adults in crisis or at-risk
  196  for placement in a more restrictive setting due to a serious
  197  mental illness or substance abuse.
  198         (6) ESSENTIAL ELEMENTS.—It is the intent of the Legislature
  199  that the department may plan for and enter into contracts with
  200  managing entities to manage care in geographical areas
  201  throughout the state.
  202         (a) The managing entity must demonstrate the ability of its
  203  network of providers to comply with the pertinent provisions of
  204  this chapter and chapter 397 and to ensure the provision of
  205  comprehensive behavioral health services. The network of
  206  providers must include, but need not be limited to, community
  207  mental health agencies, substance abuse treatment providers, and
  208  best practice consumer services providers.
  209         (b) The department shall terminate its mental health or
  210  substance abuse provider contracts for services to be provided
  211  by the managing entity at the same time it contracts with the
  212  managing entity.
  213         (c) The managing entity shall ensure that its provider
  214  network is broadly conceived. All Mental health or substance
  215  abuse treatment providers currently under contract with the
  216  department shall be offered a contract by the managing entity
  217  for 1 year.
  218         (d) The department may contract with managing entities to
  219  provide the following core functions:
  220         1. System-of-care development and management. Financial
  221  accountability.
  222         2. Utilization management. Allocation of funds to network
  223  providers in a manner that reflects the department’s strategic
  224  direction and plans.
  225         3. Network and subcontract management. Provider monitoring
  226  to ensure compliance with federal and state laws, rules, and
  227  regulations.
  228         4. Quality improvement. Data collection, reporting, and
  229  analysis.
  230         5. Technical assistance and training. Operational plans to
  231  implement objectives of the department’s strategic plan.
  232         6. Data collection, reporting, and analysis. Contract
  233  compliance.
  234         7. Financial Performance management.
  235         8. Planning. Collaboration with community stakeholders,
  236  including local government.
  237         9. Board development and governance. System of care through
  238  network development.
  239         10. Disaster planning and responsiveness. Consumer care
  240  coordination.
  241         11. Continuous quality improvement.
  242         12. Timely access to appropriate services.
  243         13. Cost-effectiveness and system improvements.
  244         14. Assistance in the development of the department’s
  245  strategic plan.
  246         15. Participation in community, circuit, regional, and
  247  state planning.
  248         16. Resource management and maximization, including pursuit
  249  of third-party payments and grant applications.
  250         17. Incentives for providers to improve quality and access.
  251         18. Liaison with consumers.
  252         19. Community needs assessment.
  253         20. Securing local matching funds.
  254         (e) The managing entity shall ensure that written
  255  cooperative agreements are developed and implemented among the
  256  criminal and juvenile justice systems, the local community-based
  257  care network, and the local behavioral health providers in the
  258  geographic area which define strategies and alternatives for
  259  diverting people who have mental illness and substance abuse
  260  problems from the criminal justice system to the community.
  261  These agreements must also address the provision of appropriate
  262  services to persons who have behavioral health problems and
  263  leave the criminal justice system.
  264         (f) Managing entities must collect and submit data to the
  265  department regarding persons served, outcomes of persons served,
  266  and the costs of services provided through the department’s
  267  contract. The department shall evaluate managing entity services
  268  based on consumer-centered outcome measures that reflect
  269  national standards that can dependably be measured. The
  270  department shall work with managing entities to establish
  271  performance standards related to:
  272         1. The extent to which individuals in the community receive
  273  services.
  274         2. The improvement of quality of care for individuals
  275  served.
  276         3. The success of strategies to divert jail, prison, and
  277  forensic facility admissions.
  278         4. Consumer and family satisfaction.
  279         5. The satisfaction of key community constituents such as
  280  law enforcement agencies, juvenile justice agencies, the courts,
  281  the schools, local government entities, hospitals, and others as
  282  appropriate for the geographical area of the managing entity.
  283         (g) The Agency for Health Care Administration may establish
  284  a certified match program, which must be voluntary. Under a
  285  certified match program, reimbursement is limited to the federal
  286  Medicaid share to Medicaid-enrolled strategy participants. The
  287  agency may take no action to implement a certified match program
  288  unless the consultation provisions of chapter 216 have been met.
  289  The agency may seek federal waivers that are necessary to
  290  implement the behavioral health service delivery strategies.
  291         (7) MANAGING ENTITY REQUIREMENTS.—The department may adopt
  292  rules and standards and a process for the qualification and
  293  operation of managing entities which are based, in part, on the
  294  following criteria:
  295         (a) A managing entity’s governance structure shall be
  296  representative and shall, at a minimum, include consumers, and
  297  family members, and appropriate community stakeholders and
  298  organizations., and Providers of substance abuse and mental
  299  health services as defined in this chapter and chapter 397 may
  300  not be part of the managing entity’s governance structure. If
  301  there are one or more private-receiving facilities in the
  302  geographic coverage area of a managing entity, the managing
  303  entity shall have one representative for the private-receiving
  304  facilities as an ex officio member of its board of directors.
  305         (b) A managing entity that was originally formed primarily
  306  by substance abuse or mental health providers must present and
  307  demonstrate a detailed, consensus approach to expanding its
  308  provider network and governance to include both substance abuse
  309  and mental health providers.
  310         (c) A managing entity must submit a network management plan
  311  and budget in a form and manner determined by the department.
  312  The plan must detail the means for implementing the duties to be
  313  contracted to the managing entity and the efficiencies to be
  314  anticipated by the department as a result of executing the
  315  contract. The department may require modifications to the plan
  316  and must approve the plan before contracting with a managing
  317  entity. The department may contract with a managing entity that
  318  demonstrates readiness to assume core functions, and may
  319  continue to add functions and responsibilities to the managing
  320  entity’s contract over time as additional competencies are
  321  developed as identified in paragraph (g). Notwithstanding other
  322  provisions of this section, the department may continue and
  323  expand managing entity contracts if the department determines
  324  that the managing entity meets the requirements specified in
  325  this section.
  326         (b)(d)Notwithstanding paragraphs (b) and (c), A managing
  327  entity that is currently a fully integrated system providing
  328  mental health and substance abuse services, Medicaid, and child
  329  welfare services is permitted to continue operating under its
  330  current governance structure until June 30, 2013, as long as the
  331  managing entity can demonstrate to the department that
  332  consumers, other stakeholders, and network providers are
  333  included in the planning process.
  334         (c)(e) Managing entities shall operate in a transparent
  335  manner, providing public access to information, notice of
  336  meetings, and opportunities for broad public participation in
  337  decisionmaking. The managing entity’s network management plan
  338  must detail policies and procedures that ensure transparency.
  339         (d)(f) Before contracting with a managing entity, the
  340  department must perform an onsite readiness review of a managing
  341  entity to determine its operational capacity to satisfactorily
  342  perform the duties to be contracted.
  343         (e)(g) The department shall engage community stakeholders,
  344  including providers, and managing entities under contract with
  345  the department, in the development of objective standards to
  346  measure the competencies of managing entities and their
  347  readiness to assume the responsibilities described in this
  348  section, and measure the outcomes to hold them accountable.
  349         (8) DEPARTMENT RESPONSIBILITIES.—With the introduction of
  350  managing entities to monitor department-contracted providers’
  351  day-to-day operations, the department and its regional and
  352  circuit offices will have increased ability to focus on broad
  353  systemic substance abuse and mental health issues. After the
  354  department enters into a managing entity contract in a
  355  geographic area, the regional and circuit offices of the
  356  department in that area shall direct their efforts primarily to
  357  monitoring the managing entity and its system of care; contract,
  358  including negotiation of system quality improvement, cost
  359  management, and outcomes requirements; goals each contract year,
  360  and review of the managing entity’s plans to execute department
  361  strategic plans; carrying out statutorily mandated licensure
  362  functions; conducting community and regional substance abuse and
  363  mental health planning; communicating to the department the
  364  local needs assessed by the managing entity; preparing
  365  department strategic plans; coordinating with other state and
  366  local agencies; assisting the department in assessing local
  367  trends and issues and advising departmental headquarters on
  368  local priorities; and providing leadership in disaster planning
  369  and preparation. The ultimate responsibility of accountability
  370  for the expenditure of substance abuse and mental health public
  371  funds resides with the department.
  372         (9) REPORTING.—Reports of the department’s activities,
  373  progress, and needs in achieving the goal of contracting with
  374  managing entities in each circuit and region statewide must be
  375  submitted to the appropriate substantive and appropriations
  376  committees in the Senate and the House of Representatives on
  377  January 1 and July 1 of each year until the full transition to
  378  managing entities has been accomplished statewide.
  379         (10) RULES.—The department may shall adopt rules to
  380  administer this section and, as necessary, to further specify
  381  requirements of managing entities.
  382         Section 2. This act shall take effect July 1, 2012.