Florida Senate - 2017                                     SB 358
       By Senator Garcia
       36-00566-17                                            2017358__
    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
   25  read:
   26         394.461 Designation of receiving and treatment facilities;
   27  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
   53  facility.
   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
   64  Administration:
   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
   88  Representatives.
   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
  112  resources.
  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.—
  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
  187  hearing.
  188         Section 5. This act shall take effect July 1, 2017.