Florida Senate - 2017                                    SB 1120
       By Senator Artiles
       40-00636-17                                           20171120__
    1                        A bill to be entitled                      
    2         An act relating to substance abuse programs; amending
    3         s. 397.406, F.S.; specifying that the Agency for
    4         Health Care Administration, and not the Department of
    5         Children and Families, shall make rules providing for
    6         the licensure and regulation of certain substance
    7         abuse programs; requiring the agency to establish
    8         criteria defining levels of care; requiring the agency
    9         to provide the definitions to treatment providers and
   10         insurance companies; requiring certain adoption of the
   11         definitions; amending s. 397.753, F.S.; conforming
   12         provisions to changes made by the act; providing an
   13         effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Section 397.406, Florida Statutes, is amended to
   18  read:
   19         397.406 Licensure and regulation of government-operated
   20  substance abuse programs.—Substance abuse programs operated
   21  directly or under contract by the department, the Department of
   22  Corrections, the Department of Juvenile Justice, any other state
   23  agency, or any local correctional agency or authority, which
   24  programs constitute any service provider licensable components
   25  as defined in this chapter, are subject to licensure, auditing,
   26  and regulation in accordance with rules jointly developed by the
   27  Agency for Health Care Administration department and the state
   28  or local agency operating the program. The agency department has
   29  authority to exempt such government-operated programs from
   30  specific licensure provisions of this part, including, but not
   31  limited to, licensure fees and personnel background checks, and
   32  to enforce the regulatory requirements governing such programs.
   33  The agency shall define by rule “residential,” “partial
   34  hospitalization,” “intensive outpatient,” and “outpatient”
   35  levels of care and establish criteria for each, including
   36  standards to evaluate the appropriate use for each level of
   37  care. These definitions shall be adopted by treatment providers
   38  and insurance companies for clarity and consistency.
   39         Section 2. Subsection (3) of section 397.753, Florida
   40  Statutes, is amended to read:
   41         397.753 Definitions.—As used in this part:
   42         (3) “Inmate substance abuse services” means any service
   43  component as defined in s. 397.311 provided directly by the
   44  Department of Corrections and licensed and regulated by the
   45  Agency for Health Care Administration Department of Children and
   46  Families pursuant to s. 397.406, or provided through contractual
   47  arrangements with a service provider licensed pursuant to part
   48  II; or any self-help program or volunteer support group
   49  operating for inmates.
   50         Section 3. This act shall take effect July 1, 2017.