Florida Senate - 2017 SB 358
By Senator Garcia
1 A bill to be entitled
2 An act relating to mental health and substance abuse;
3 amending s. 394.461, F.S.; authorizing the Department
4 of Children and Families to approve receiving systems
5 for behavioral health care; making technical changes;
6 requiring the department to approve specified
7 facilities as receiving systems under certain
8 circumstances; authorizing the department to adopt
9 rules for the approval and the suspension or
10 withdrawal of approval of receiving systems; amending
11 s. 394.879, F.S.; deleting an obsolete provision
12 requiring a report by the department and the Agency
13 for Health Care Administration; amending s. 394.9082,
14 F.S.; revising the reporting requirements of the acute
15 care services utilization database; requiring the
16 department to post certain data on its website;
17 amending s. 397.6955, F.S.; specifying that certain
18 court hearings must be scheduled within 5 court
19 working days unless a continuance is granted;
20 providing an effective date.
22 Be It Enacted by the Legislature of the State of Florida:
24 Section 1. Section 394.461, Florida Statutes, is amended to
26 394.461 Designation of receiving and treatment facilities;
and approval of receiving systems.—The department is authorized
28 to designate and monitor receiving facilities , and treatment
29 facilities , and receiving systems and may suspend or withdraw
30 such designation for a facility’s failure to comply with this
31 part and rules adopted under this part. The department is
32 authorized to approve receiving systems developed pursuant to s.
33 394.4573. Unless designated by the department, facilities may
34 not are not permitted to hold or treat involuntary patients
35 under this part.
36 (1) RECEIVING FACILITY.—The department may designate any
37 community facility as a receiving facility. Any other facility
38 within the state, including a private facility or a federal
39 facility, may be so designated by the department, provided that
40 such designation is agreed to by the governing body or authority
41 of the facility.
42 (2) TREATMENT FACILITY.—The department may designate any
43 state-owned, state-operated, or state-supported facility as a
44 state treatment facility. A civil patient may shall not be
45 admitted to a state treatment facility without previously
46 undergoing a transfer evaluation. Before a court hearing for
47 involuntary placement in a state treatment facility, the court
48 shall receive and consider the information documented in the
49 transfer evaluation. Any other facility, including a private
50 facility or a federal facility, may be designated as a treatment
51 facility by the department, provided that such designation is
52 agreed to by the appropriate governing body or authority of the
54 (3) PRIVATE FACILITIES.—Private facilities designated as
55 receiving and treatment facilities by the department may provide
56 examination and treatment of involuntary patients, as well as
57 voluntary patients, and are subject to all the provisions of
58 this part.
59 (4) REPORTING REQUIREMENTS.—
60 (a) A facility designated as a public receiving or
61 treatment facility under this section shall report to the
62 department on an annual basis the following data, unless these
63 data are currently being submitted to the Agency for Health Care
65 1. Number of licensed beds.
66 2. Number of contract days.
67 3. Number of admissions by payor class and diagnoses.
68 4. Number of bed days by payor class.
69 5. Average length of stay by payor class.
70 6. Total revenues by payor class.
71 (b) For the purposes of this subsection, “payor class”
72 means Medicare, Medicare HMO, Medicaid, Medicaid HMO, private
73 pay health insurance, private-pay health maintenance
74 organization, private preferred provider organization, the
75 Department of Children and Families, other government programs,
76 self-pay patients, and charity care.
77 (c) The data required under this subsection shall be
78 submitted to the department no later than 90 days following the
79 end of the facility’s fiscal year. A facility designated as a
80 public receiving or treatment facility shall submit its initial
81 report for the 6-month period following such designation ending
82 June 30, 2008.
83 (d) The department shall issue an annual report based on
84 the data required pursuant to this subsection. The report must
85 shall include individual facilities’ data, as well as statewide
86 totals. The report shall be submitted to the Governor, the
87 President of the Senate, and the Speaker of the House of
89 (5) RECEIVING SYSTEM.—The department shall approve
90 designate as a receiving system one or more facilities serving a
91 defined geographic area developed pursuant to s. 394.4573 which
92 is responsible for assessment and evaluation, both voluntary and
93 involuntary, and treatment, stabilization, or triage for
94 patients who have a mental illness, a substance use disorder, or
95 co-occurring disorders. Any transportation plans developed
96 pursuant to s. 394.462 must support the operation of the
97 receiving system.
98 (6) RULES.—The department may adopt rules relating to:
99 (a) Procedures and criteria for receiving and evaluating
100 facility applications for designation, which may include onsite
101 facility inspection and evaluation of an applicant’s licensing
102 status and performance history, as well as consideration of
103 local service needs.
104 (b) Minimum standards consistent with this part that a
105 facility must meet and maintain in order to be designated as a
106 receiving or treatment facility and procedures for monitoring
107 continued adherence to such standards.
108 (c) Procedures and criteria for designating and approving
109 receiving systems which may include consideration of the
110 adequacy of services provided by facilities within the receiving
111 system to meet the needs of the geographic area using available
113 (d) Procedures for receiving complaints against a
114 designated facility or designated receiving system and for
115 initiating inspections and investigations of facilities or
116 receiving systems alleged to have violated the provisions of
117 this part or rules adopted under this part.
118 (e) Procedures and criteria for the suspension or
119 withdrawal of designation as a receiving or treatment facility
120 and for the suspension or withdrawal of approval of a or
121 receiving system.
122 Section 2. Subsection (6) of section 394.879, Florida
123 Statutes, is amended to read:
124 394.879 Rules; enforcement.—
125 (6) The department and the Agency for Health Care
126 Administration shall develop a plan to provide options for a
127 single, consolidated license for a provider that offers multiple
128 types of either mental health services or substance abuse
129 services, or both, regulated under this chapter and chapter 397,
130 respectively. In the plan, the department and the agency shall
131 identify the statutory revisions necessary to accomplish the
132 consolidation. To the extent possible, the department and the
133 agency shall accomplish such consolidation administratively and
134 by rule. The department and the agency shall submit the plan to
135 the Governor, the President of the Senate, and the Speaker of
136 the House of Representatives by November 1, 2016 .
137 Section 3. Paragraph (a) of subsection (10) of section
138 394.9082, Florida Statutes, is republished, paragraph (b) of
139 that subsection is amended, and paragraph (f) is added to that
140 subsection, to read:
141 394.9082 Behavioral health managing entities.—
142 (10) ACUTE CARE SERVICES UTILIZATION DATABASE.—The
143 department shall develop, implement, and maintain standards
144 under which a managing entity shall collect utilization data
145 from all public receiving facilities situated within its
146 geographical service area and all detoxification and addictions
147 receiving facilities under contract with the managing entity. As
148 used in this subsection, the term “public receiving facility”
149 means an entity that meets the licensure requirements of, and is
150 designated by, the department to operate as a public receiving
151 facility under s. 394.875 and that is operating as a licensed
152 crisis stabilization unit.
153 (a) The department shall develop standards and protocols to
154 be used for data collection, storage, transmittal, and analysis.
155 The standards and protocols shall allow for compatibility of
156 data and data transmittal between public receiving facilities,
157 detoxification facilities, addictions receiving facilities,
158 managing entities, and the department for the implementation,
159 and to meet the requirements, of this subsection.
160 (b) A managing entity shall require providers specified in
161 paragraph (a) to submit data, in real time or at least daily, to
162 the managing entity for:
163 1. All admissions and discharges of clients receiving
164 public receiving facility services who qualify as indigent, as
165 defined in s. 394.4787.
166 2. All admissions and discharges of clients receiving
167 substance abuse services in an addictions receiving facility or
168 detoxification facility pursuant to parts IV and V of chapter
169 397 who qualify as indigent.
170 3. The current active census of total licensed and utilized
171 beds, the number of beds purchased by the department, the number
172 of clients qualifying as indigent occupying who occupy any of
173 those beds, and the total number of unoccupied licensed beds,
174 regardless of funding , and the number in excess of licensed
175 capacity. Crisis units licensed for both adult and child use
176 will report as a single unit.
177 (f) The department shall post on its website, by facility,
178 the data collected pursuant to this subsection and update such
179 posting monthly.
180 Section 4. Subsection (2) of section 397.6955, Florida
181 Statutes, is amended to read:
182 397.6955 Duties of court upon filing of petition for
183 involuntary services.—
184 (2) The court shall schedule a hearing to be held on the
185 petition within 5 court working days unless a continuance is
186 granted. The court may appoint a magistrate to preside at the
188 Section 5. This act shall take effect July 1, 2017.