Florida Senate - 2018                                     SB 450
       By Senator Garcia
       36-00634-18                                            2018450__
    1                        A bill to be entitled                      
    2         An act relating to mental health and substance use
    3         disorders; amending s. 394.455, F.S.; defining the
    4         term “peer specialist”; amending s. 394.4572, F.S.;
    5         requiring a specific level of screening for peer
    6         specialists working in mental health programs and
    7         facilities; amending s. 394.4573, F.S.; specifying
    8         that the use of peer specialists for recovery support
    9         is an essential element of a coordinated system of
   10         behavioral health care; amending s. 397.311, F.S.;
   11         defining the term “peer specialist”; amending s.
   12         397.4073, F.S.; conforming a provision to changes made
   13         by the act; creating s. 397.417, F.S.; providing
   14         legislative findings and intent; providing
   15         qualifications and requiring a background screening as
   16         a condition of certification for peer specialists;
   17         requiring the Department of Children and Families to
   18         develop a training program for peer specialists and
   19         give preference to trainers who are certified peer
   20         specialists; requiring that a peer specialist
   21         providing services be supervised by a licensed
   22         behavioral health care professional or a licensed
   23         behavioral health care agency; requiring the
   24         department to certify peer specialists directly or by
   25         designating a nonprofit certification organization;
   26         requiring a person to pass a competency exam before
   27         certification as a peer specialist; authorizing the
   28         department, a behavioral health managing entity, or
   29         the Medicaid program to reimburse a peer specialist
   30         service as a recovery service; encouraging Medicaid
   31         managed care plans to use peer specialists in the
   32         provision of recovery services; requiring all peer
   33         specialists to meet the requirements of a background
   34         screening as a condition of employment and continued
   35         employment; authorizing the department or the Agency
   36         for Health Care Administration to require by rule that
   37         fingerprints are submitted electronically to the
   38         Department of Law Enforcement; authorizing the
   39         department or the agency to contract with certain
   40         vendors for fingerprinting; specifying requirements
   41         for vendors; specifying offenses to be considered in
   42         the background screening of a peer specialist;
   43         authorizing a person who does not meet background
   44         screening requirements to request an exemption from
   45         disqualification from the department or the agency;
   46         providing that all peer specialists certified as of
   47         the effective date of this act are recognized as
   48         having met the requirements of this act; amending ss.
   49         212.055, 394.495, 394.496, 394.9085, 397.416, 409.972,
   50         440.102, and 744.2007, F.S.; conforming cross
   51         references; making technical changes; providing an
   52         effective date.
   54  Be It Enacted by the Legislature of the State of Florida:
   56         Section 1. Present subsections (32) through (48) of section
   57  394.455, Florida Statutes, are redesignated as subsections (33)
   58  through (49), respectively, and a new subsection (32) is added
   59  to that section, to read:
   60         394.455 Definitions.—As used in this part, the term:
   61         (32) “Peer specialist” means a person who has been in
   62  recovery from a substance use disorder or mental illness for the
   63  past 2 years and is certified or is seeking certification under
   64  s. 397.417.
   65         Section 2. Paragraph (a) of subsection (1) of section
   66  394.4572, Florida Statutes, is amended to read:
   67         394.4572 Screening of mental health personnel.—
   68         (1)(a) The department and the Agency for Health Care
   69  Administration shall require level 2 background screening
   70  pursuant to chapter 435 for mental health personnel. “Mental
   71  health personnel” includes all program directors, professional
   72  clinicians, staff members, and volunteers working in public or
   73  private mental health programs and facilities who have direct
   74  contact with individuals held for examination or admitted for
   75  mental health treatment. For purposes of this chapter,
   76  employment screening of mental health personnel also includes,
   77  but is not limited to, employment screening as provided under
   78  chapter 435 and s. 408.809. The department and the Agency for
   79  Health Care Administration shall require a level 2 background
   80  screening pursuant to s. 397.417(5) for persons working as peer
   81  specialists in public or private mental health programs or
   82  facilities who have direct contact with individuals held for
   83  involuntary examination or admitted for mental health treatment.
   84         Section 3. Paragraph (l) of subsection (2) of section
   85  394.4573, Florida Statutes, is amended to read:
   86         394.4573 Coordinated system of care; annual assessment;
   87  essential elements; measures of performance; system improvement
   88  grants; reports.—On or before December 1 of each year, the
   89  department shall submit to the Governor, the President of the
   90  Senate, and the Speaker of the House of Representatives an
   91  assessment of the behavioral health services in this state. The
   92  assessment shall consider, at a minimum, the extent to which
   93  designated receiving systems function as no-wrong-door models,
   94  the availability of treatment and recovery services that use
   95  recovery-oriented and peer-involved approaches, the availability
   96  of less-restrictive services, and the use of evidence-informed
   97  practices. The department’s assessment shall consider, at a
   98  minimum, the needs assessments conducted by the managing
   99  entities pursuant to s. 394.9082(5). Beginning in 2017, the
  100  department shall compile and include in the report all plans
  101  submitted by managing entities pursuant to s. 394.9082(8) and
  102  the department’s evaluation of each plan.
  103         (2) The essential elements of a coordinated system of care
  104  include:
  105         (l) Recovery support, including, but not limited to, the
  106  use of peer specialists pursuant to s. 397.417, support for
  107  competitive employment, educational attainment, independent
  108  living skills development, family support and education,
  109  wellness management and self-care, and assistance in obtaining
  110  housing that meets the individual’s needs. Such housing may
  111  include mental health residential treatment facilities, limited
  112  mental health assisted living facilities, adult family care
  113  homes, and supportive housing. Housing provided using state
  114  funds must provide a safe and decent environment free from abuse
  115  and neglect.
  116         Section 4. Present subsections (30) through (49) of section
  117  397.311, Florida Statutes, are redesignated as subsections (31)
  118  through (50), respectively, and a new subsection (30) is added
  119  to that section, to read:
  120         397.311 Definitions.—As used in this chapter, except part
  121  VIII, the term:
  122         (30) Peer specialist” means a person who has been in
  123  recovery from a substance use disorder or mental illness for the
  124  past 2 years and is certified or is seeking certification under
  125  s. 397.417.
  126         Section 5. Paragraphs (b) and (c) of subsection (4) of
  127  section 397.4073, Florida Statutes, are amended to read:
  128         397.4073 Background checks of service provider personnel.—
  130         (b) Since rehabilitated substance abuse impaired persons
  131  are effective in the successful treatment and rehabilitation of
  132  individuals with substance use disorders, for service providers
  133  which treat adolescents 13 years of age and older, service
  134  provider personnel whose background checks indicate crimes under
  135  s. 817.563, s. 893.13, or s. 893.147 may be exempted from
  136  disqualification from employment pursuant to this paragraph.
  137         (c) The department may grant exemptions from
  138  disqualification which would limit service provider personnel to
  139  working with adults in substance use abuse treatment facilities.
  140         Section 6. Section 397.417, Florida Statutes, is created to
  141  read:
  142         397.417 Behavioral health peer specialists.—
  144         (a) The Legislature finds that:
  145         1. The ability to provide adequate behavioral health
  146  services is limited by a shortage of professionals and
  147  paraprofessionals.
  148         2. The state is experiencing an increase in opioid
  149  addictions, which prove fatal to persons in many cases.
  150         3. Peer specialists provide effective support services
  151  because they share common life experiences with the persons they
  152  assist.
  153         4. Peer specialists promote a sense of community among
  154  those in recovery.
  155         5. Research has shown that peer support facilitates
  156  recovery and reduces health care costs.
  157         6. Peer specialists may have a criminal history that
  158  prevents them from meeting background screening requirements.
  159         (b) The Legislature intends to expand the use of peer
  160  specialists as a cost-effective means of providing services by
  161  ensuring that peer specialists meet specified qualifications,
  162  meet modified background screening requirements, and are
  163  adequately reimbursed for their services.
  164         (2) QUALIFICATIONS.—
  165         (a) A person may be certified as a peer specialist if he or
  166  she has been in recovery from a substance use disorder or mental
  167  illness for the past 2 years and meets all requirements of this
  168  section.
  169         (b) A peer specialist must meet the background screening
  170  requirements of subsection (5) and complete a training program
  171  approved by the department. The training program must coincide
  172  with a competency exam and be based on the current practice
  173  standards.
  174         (3) DUTIES OF THE DEPARTMENT.—
  175         (a) The department must develop a training program for peer
  176  specialists. The department must give preference to trainers who
  177  are certified peer specialists.
  178         (b) The department must require that a peer specialist
  179  providing services is supervised by a licensed behavioral health
  180  care professional or licensed behavioral health care agency.
  181         (c) The department must certify peer specialists. The
  182  department may designate a private, nonprofit certification
  183  organization to certify peer specialists or may certify peer
  184  specialists directly. The department or designated organization
  185  must require a peer specialist to pass a competency exam before
  186  certification.
  187         (4) PAYMENT.—Peer specialist services may be reimbursed as
  188  a recovery service through the department, a behavioral health
  189  managing entity, or the Medicaid program. Medicaid managed care
  190  plans are encouraged to use peer specialists in the provision of
  191  recovery services.
  192         (5) BACKGROUND SCREENING.—
  193         (a) All peer specialists must undergo a background
  194  screening as a condition of employment and continued employment
  195  which must include fingerprinting for statewide criminal history
  196  records checks through the Department of Law Enforcement and
  197  national criminal history records checks through the Federal
  198  Bureau of Investigation. The background screening may include
  199  local criminal records checks through local law enforcement
  200  agencies.
  201         (b) The department or the Agency for Health Care
  202  Administration, as applicable, may require by rule that
  203  fingerprints submitted pursuant to this section must be
  204  submitted electronically to the Department of Law Enforcement.
  205         (c) The department or the Agency for Health Care
  206  Administration, as applicable, may contract with one or more
  207  vendors to perform all or part of the electronic fingerprinting
  208  pursuant to this section. Such contracts must ensure that the
  209  owners and personnel of the vendor performing the electronic
  210  fingerprinting are qualified and will ensure the integrity and
  211  security of all personal identifying information.
  212         (d) Vendors who submit fingerprints on behalf of employers
  213  must:
  214         1. Meet the requirements of s. 943.053; and
  215         2. Have the ability to communicate electronically with the
  216  department or the Agency for Health Care Administration, as
  217  applicable, accept screening results from the Department of Law
  218  Enforcement and provide the applicant’s full first name, middle
  219  initial, and last name; social security number or individual
  220  taxpayer identification number; date of birth; mailing address;
  221  sex; and race.
  222         (e) The background screening under this section must ensure
  223  that a peer specialist has not, during the previous 3 years,
  224  been arrested for and is awaiting final disposition of, has been
  225  found guilty of, regardless of adjudication, or entered a plea
  226  of nolo contendere or guilty to, or has been adjudicated
  227  delinquent and the record has not been sealed or expunged for,
  228  any offense prohibited under any of the following state laws or
  229  similar laws of another jurisdiction:
  230         1. Section 393.135, relating to sexual misconduct with
  231  certain developmentally disabled clients and reporting of such
  232  sexual misconduct.
  233         2. Section 394.4593, relating to sexual misconduct with
  234  certain mental health patients and reporting of such sexual
  235  misconduct.
  236         3. Section 409.9201, relating to Medicaid fraud.
  237         4. Section 415.111, relating to adult abuse, neglect, or
  238  exploitation of aged persons or disabled adults.
  239         5.Section 741.28, relating to domestic violence.
  240         6. Section 777.04, relating to attempts, solicitation, and
  241  conspiracy to commit an offense listed in this section.
  242         7. Section 782.04, relating to murder.
  243         8. Section 782.07, relating to manslaughter, aggravated
  244  manslaughter of an elderly person or disabled adult, aggravated
  245  manslaughter of a child, or aggravated manslaughter of an
  246  officer, a firefighter, an emergency medical technician, or a
  247  paramedic.
  248         9. Section 782.071, relating to vehicular homicide.
  249         10. Section 782.09, relating to killing of an unborn child
  250  by injury to the mother.
  251         11. Section 787.01, relating to kidnapping.
  252         12. Section 787.02, relating to false imprisonment.
  253         13. Section 787.025, relating to luring or enticing a
  254  child.
  255         14. Section 787.04(2), relating to leading, taking,
  256  enticing, or removing a minor beyond the state limits, or
  257  concealing the location of a minor, with criminal intent pending
  258  custody proceedings.
  259         15. Section 787.04(3), relating to leading, taking,
  260  enticing, or removing a minor beyond the state limits, or
  261  concealing the location of a minor, with criminal intent pending
  262  dependency proceedings or proceedings concerning alleged abuse
  263  or neglect of a minor.
  264         16. Section 790.115(1), relating to exhibiting firearms or
  265  weapons within 1,000 feet of a school.
  266         17. Section 790.115(2)(b), relating to possessing an
  267  electric weapon or device, destructive device, or other weapon
  268  on school property.
  269         18. Section 794.011, relating to sexual battery.
  270         19.Former s. 794.041, relating to prohibited acts of
  271  persons in familial or custodial authority.
  272         20. Section 794.05, relating to unlawful sexual activity
  273  with certain minors.
  274         21. Section 798.02, relating to lewd and lascivious
  275  behavior.
  276         22. Chapter 800, relating to lewdness and indecent
  277  exposure.
  278         23. Section 806.01, relating to arson.
  279         24. Section 810.14, relating to voyeurism, if the offense
  280  was a felony.
  281         25. Section 810.145, relating to video voyeurism, if the
  282  offense was a felony.
  283         26.Section 817.50, relating to fraudulently obtaining
  284  goods or services from a health care provider.
  285         27. Section 817.505, relating to patient brokering.
  286         28. Section 817.563, relating to fraudulent sale of
  287  controlled substances, if the offense was a felony.
  288         29. Section 825.102, relating to abuse, aggravated abuse,
  289  or neglect of an elderly person or disabled adult.
  290         30. Section 825.1025, relating to lewd or lascivious
  291  offenses committed upon or in the presence of an elderly person
  292  or disabled person.
  293         31. Section 825.103, relating to exploitation of an elderly
  294  person or disabled adult, if the offense was a felony.
  295         32. Section 826.04, relating to incest.
  296         33. Section 827.03, relating to child abuse, aggravated
  297  child abuse, or neglect of a child.
  298         34. Section 827.04, relating to contributing to the
  299  delinquency or dependency of a child.
  300         35. Former s. 827.05, relating to negligent treatment of
  301  children.
  302         36. Section 827.071, relating to sexual performance by a
  303  child.
  304         37.Section 831.30, relating to fraud in obtaining
  305  medicinal drugs.
  306         38. Section 831.31, relating to sale, manufacture,
  307  delivery, possession with intent to sell, manufacture, or
  308  deliver any counterfeit controlled substance if the offense was
  309  a felony.
  310         39. Section 843.01, relating to resisting arrest with
  311  violence.
  312         40. Section 843.025, relating to depriving a law
  313  enforcement, correctional, or correctional probation officer
  314  means of protection or communication.
  315         41. Section 843.12, relating to aiding in an escape.
  316         42. Section 843.13, relating to aiding in the escape of
  317  juvenile inmates of correctional institutions.
  318         43. Chapter 847, relating to obscene literature.
  319         44. Section 874.05, relating to encouraging or recruiting
  320  another to join a criminal gang.
  321         45. Chapter 893, relating to drug abuse prevention and
  322  control, if the offense was a felony.
  323         46.Section 895.03, relating to racketeering and collection
  324  of unlawful debts.
  325         47. Section 896.101, relating to the Florida Money
  326  Laundering Act.
  327         48. Section 916.1075, relating to sexual misconduct with
  328  certain forensic clients and reporting of such sexual
  329  misconduct.
  330         49. Section 944.35(3), relating to inflicting cruel or
  331  inhuman treatment on an inmate resulting in great bodily harm.
  332         50. Section 944.40, relating to escape.
  333         51. Section 944.46, relating to harboring, concealing, or
  334  aiding an escaped prisoner.
  335         52. Section 944.47, relating to introduction of contraband
  336  into a correctional facility.
  337         53. Section 985.701, relating to sexual misconduct in
  338  juvenile justice programs.
  339         54. Section 985.711, relating to contraband introduced into
  340  detention facilities.
  341         (6) EXEMPTION REQUESTS.—Persons who wish to become a peer
  342  specialist and are disqualified under subsection (5) may request
  343  an exemption from disqualification pursuant to s. 435.07 from
  344  the department or the Agency for Health Care Administration, as
  345  applicable.
  346         (7) GRANDFATHER CLAUSE.—All peer specialists certified as
  347  of the effective date of this act are recognized as having met
  348  the requirements of this act.
  349         Section 7. Paragraph (e) of subsection (5) of section
  350  212.055, Florida Statutes, is amended to read:
  351         212.055 Discretionary sales surtaxes; legislative intent;
  352  authorization and use of proceeds.—It is the legislative intent
  353  that any authorization for imposition of a discretionary sales
  354  surtax shall be published in the Florida Statutes as a
  355  subsection of this section, irrespective of the duration of the
  356  levy. Each enactment shall specify the types of counties
  357  authorized to levy; the rate or rates which may be imposed; the
  358  maximum length of time the surtax may be imposed, if any; the
  359  procedure which must be followed to secure voter approval, if
  360  required; the purpose for which the proceeds may be expended;
  361  and such other requirements as the Legislature may provide.
  362  Taxable transactions and administrative procedures shall be as
  363  provided in s. 212.054.
  364         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  365  s. 125.011(1) may levy the surtax authorized in this subsection
  366  pursuant to an ordinance either approved by extraordinary vote
  367  of the county commission or conditioned to take effect only upon
  368  approval by a majority vote of the electors of the county voting
  369  in a referendum. In a county as defined in s. 125.011(1), for
  370  the purposes of this subsection, “county public general
  371  hospital” means a general hospital as defined in s. 395.002
  372  which is owned, operated, maintained, or governed by the county
  373  or its agency, authority, or public health trust.
  374         (e) A governing board, agency, or authority shall be
  375  chartered by the county commission upon this act becoming law.
  376  The governing board, agency, or authority shall adopt and
  377  implement a health care plan for indigent health care services.
  378  The governing board, agency, or authority shall consist of no
  379  more than seven and no fewer than five members appointed by the
  380  county commission. The members of the governing board, agency,
  381  or authority shall be at least 18 years of age and residents of
  382  the county. A No member may not be employed by or affiliated
  383  with a health care provider or the public health trust, agency,
  384  or authority responsible for the county public general hospital.
  385  The following community organizations shall each appoint a
  386  representative to a nominating committee: the South Florida
  387  Hospital and Healthcare Association, the Miami-Dade County
  388  Public Health Trust, the Dade County Medical Association, the
  389  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  390  County. This committee shall nominate between 10 and 14 county
  391  citizens for the governing board, agency, or authority. The
  392  slate shall be presented to the county commission and the county
  393  commission shall confirm the top five to seven nominees,
  394  depending on the size of the governing board. Until such time as
  395  the governing board, agency, or authority is created, the funds
  396  provided for in subparagraph (d)2. shall be placed in a
  397  restricted account set aside from other county funds and not
  398  disbursed by the county for any other purpose.
  399         1. The plan shall divide the county into a minimum of four
  400  and maximum of six service areas, with no more than one
  401  participant hospital per service area. The county public general
  402  hospital shall be designated as the provider for one of the
  403  service areas. Services shall be provided through participants’
  404  primary acute care facilities.
  405         2. The plan and subsequent amendments to it shall fund a
  406  defined range of health care services for both indigent persons
  407  and the medically poor, including primary care, preventive care,
  408  hospital emergency room care, and hospital care necessary to
  409  stabilize the patient. For the purposes of this section,
  410  “stabilization” means stabilization as defined in s. 397.311 s.
  411  397.311(45). Where consistent with these objectives, the plan
  412  may include services rendered by physicians, clinics, community
  413  hospitals, and alternative delivery sites, as well as at least
  414  one regional referral hospital per service area. The plan shall
  415  provide that agreements negotiated between the governing board,
  416  agency, or authority and providers shall recognize hospitals
  417  that render a disproportionate share of indigent care, provide
  418  other incentives to promote the delivery of charity care to draw
  419  down federal funds where appropriate, and require cost
  420  containment, including, but not limited to, case management.
  421  From the funds specified in subparagraphs (d)1. and 2. for
  422  indigent health care services, service providers shall receive
  423  reimbursement at a Medicaid rate to be determined by the
  424  governing board, agency, or authority created pursuant to this
  425  paragraph for the initial emergency room visit, and a per-member
  426  per-month fee or capitation for those members enrolled in their
  427  service area, as compensation for the services rendered
  428  following the initial emergency visit. Except for provisions of
  429  emergency services, upon determination of eligibility,
  430  enrollment shall be deemed to have occurred at the time services
  431  were rendered. The provisions for specific reimbursement of
  432  emergency services shall be repealed on July 1, 2001, unless
  433  otherwise reenacted by the Legislature. The capitation amount or
  434  rate shall be determined before program implementation by an
  435  independent actuarial consultant. In no event shall such
  436  reimbursement rates exceed the Medicaid rate. The plan must also
  437  provide that any hospitals owned and operated by government
  438  entities on or after the effective date of this act must, as a
  439  condition of receiving funds under this subsection, afford
  440  public access equal to that provided under s. 286.011 as to any
  441  meeting of the governing board, agency, or authority the subject
  442  of which is budgeting resources for the retention of charity
  443  care, as that term is defined in the rules of the Agency for
  444  Health Care Administration. The plan shall also include
  445  innovative health care programs that provide cost-effective
  446  alternatives to traditional methods of service and delivery
  447  funding.
  448         3. The plan’s benefits shall be made available to all
  449  county residents currently eligible to receive health care
  450  services as indigents or medically poor as defined in paragraph
  451  (4)(d).
  452         4. Eligible residents who participate in the health care
  453  plan shall receive coverage for a period of 12 months or the
  454  period extending from the time of enrollment to the end of the
  455  current fiscal year, per enrollment period, whichever is less.
  456         5. At the end of each fiscal year, the governing board,
  457  agency, or authority shall prepare an audit that reviews the
  458  budget of the plan, delivery of services, and quality of
  459  services, and makes recommendations to increase the plan’s
  460  efficiency. The audit shall take into account participant
  461  hospital satisfaction with the plan and assess the amount of
  462  poststabilization patient transfers requested, and accepted or
  463  denied, by the county public general hospital.
  464         Section 8. Subsection (3) of section 394.495, Florida
  465  Statutes, is amended to read:
  466         394.495 Child and adolescent mental health system of care;
  467  programs and services.—
  468         (3) Assessments must be performed by:
  469         (a) A professional as defined in s. 394.455(5), (7), (33)
  470  (32), (36) (35), or (37) (36);
  471         (b) A professional licensed under chapter 491; or
  472         (c) A person who is under the direct supervision of a
  473  qualified professional as defined in s. 394.455(5), (7), (33)
  474  (32), (36) (35), or (37) (36) or a professional licensed under
  475  chapter 491.
  476         Section 9. Subsection (5) of section 394.496, Florida
  477  Statutes, is amended to read:
  478         394.496 Service planning.—
  479         (5) A professional as defined in s. 394.455(5), (7), (33)
  480  (32), (36) (35), or (37) (36) or a professional licensed under
  481  chapter 491 must be included among those persons developing the
  482  services plan.
  483         Section 10. Subsection (6) of section 394.9085, Florida
  484  Statutes, is amended to read:
  485         394.9085 Behavioral provider liability.—
  486         (6) For purposes of this section, the terms “detoxification
  487  services,has the same meaning as detoxification in s.
  488  397.311(26)(a), “addictions receiving facility,has the same
  489  meaning as provided in s. 397.311(26)(a), and “receiving
  490  facility” has have the same meaning meanings as those provided
  491  in s. 394.455 ss. 397.311(26)(a)4., 397.311(26)(a)1., and
  492  394.455(39), respectively.
  493         Section 11. Section 397.416, Florida Statutes, is amended
  494  to read:
  495         397.416 Substance use abuse treatment services; qualified
  496  professional.—Notwithstanding any other provision of law, a
  497  person who was certified through a certification process
  498  recognized by the former Department of Health and Rehabilitative
  499  Services before January 1, 1995, may perform the duties of a
  500  qualified professional with respect to substance use abuse
  501  treatment services as defined in this chapter, and need not meet
  502  the certification requirements contained in s. 397.311(35) s.
  503  397.311(34).
  504         Section 12. Paragraph (b) of subsection (1) of section
  505  409.972, Florida Statutes, is amended to read:
  506         409.972 Mandatory and voluntary enrollment.—
  507         (1) The following Medicaid-eligible persons are exempt from
  508  mandatory managed care enrollment required by s. 409.965, and
  509  may voluntarily choose to participate in the managed medical
  510  assistance program:
  511         (b) Medicaid recipients residing in residential commitment
  512  facilities operated through the Department of Juvenile Justice
  513  or in a treatment facility as defined in s. 394.455 s.
  514  394.455(47).
  515         Section 13. Paragraphs (d) and (g) of subsection (1) of
  516  section 440.102, Florida Statutes, are amended to read:
  517         440.102 Drug-free workplace program requirements.—The
  518  following provisions apply to a drug-free workplace program
  519  implemented pursuant to law or to rules adopted by the Agency
  520  for Health Care Administration:
  521         (1) DEFINITIONS.—Except where the context otherwise
  522  requires, as used in this act:
  523         (d) “Drug rehabilitation program” means a service provider
  524  as defined in s. 397.311 which, established pursuant to s.
  525  397.311(43), that provides confidential, timely, and expert
  526  identification, assessment, and resolution of employee drug
  527  abuse.
  528         (g) “Employee assistance program” means an established
  529  program capable of providing expert assessment of employee
  530  personal concerns; confidential and timely identification
  531  services with regard to employee drug abuse; referrals of
  532  employees for appropriate diagnosis, treatment, and assistance;
  533  and followup services for employees who participate in the
  534  program or require monitoring after returning to work. If, in
  535  addition to the above activities, an employee assistance program
  536  provides diagnostic and treatment services, these services shall
  537  in all cases be provided by service providers as defined in s.
  538  397.311 pursuant to s. 397.311(43).
  539         Section 14. Subsection (7) of section 744.2007, Florida
  540  Statutes, is amended to read:
  541         744.2007 Powers and duties.—
  542         (7) A public guardian may not commit a ward to a treatment
  543  facility, as defined in s. 394.455 s. 394.455(47), without an
  544  involuntary placement proceeding as provided by law.
  545         Section 15. This act shall take effect July 1, 2018.