Florida Senate - 2020                   (Proposed Bill) SPB 7012
       FOR CONSIDERATION By the Committee on Children, Families, and
       Elder Affairs
       586-01190A-20                                         20207012pb
    1                        A bill to be entitled                      
    2         An act relating to mental health; amending s. 14.2019,
    3         F.S.; providing additional duties for the Statewide
    4         Office for Suicide Prevention; amending s. 14.20195,
    5         F.S.; providing additional duties for the Suicide
    6         Prevention Coordinating Council; revising the
    7         composition of the council; amending s. 334.044, F.S.;
    8         requiring the Department of Transportation to work
    9         with the office in developing a plan relating to
   10         evidence-based suicide deterrents in certain
   11         locations; amending s. 394.455, F.S.; defining the
   12         term “first episode psychosis program”; amending s.
   13         394.4573, F.S.; revising the requirements for the
   14         annual state behavioral health services assessment;
   15         revising the essential elements of a coordinated
   16         system of care; amending s. 394.463, F.S.; requiring
   17         that certain information be provided to the guardian
   18         or representative of a minor patient released from
   19         involuntary examination; creating s. 456.0342, F.S.;
   20         providing applicability; requiring specified persons
   21         to complete certain suicide prevention education
   22         courses by a specified date; requiring certain boards
   23         to include the hours for such courses in the total
   24         hours of continuing education required for the
   25         profession; amending s. 627.6675, F.S.; conforming a
   26         provision to changes made by the act; transferring,
   27         renumbering, and amending s. 627.668, F.S.; requiring
   28         certain entities issuing, delivering, or issuing for
   29         delivery certain health insurance policies to comply
   30         with specified federal provisions that prohibit the
   31         imposition of less favorable benefit limitations on
   32         mental health and substance use disorder benefits than
   33         on medical and surgical benefits; deleting provisions
   34         relating to optional coverage for mental and nervous
   35         disorders by such entities; revising the standard for
   36         defining substance use disorders; requiring such
   37         entities to submit an annual affidavit attesting to
   38         compliance with federal law; requiring the office to
   39         implement and enforce certain federal laws in a
   40         specified manner; authorizing the Financial Services
   41         Commission to adopt rules; repealing s. 627.669, F.S.,
   42         relating to optional coverage required for substance
   43         abuse impaired persons; amending s. 627.6699, F.S.;
   44         providing applicability; amending s. 641.26, F.S.;
   45         requiring certain entities to submit an annual
   46         affidavit to the Office of Insurance Regulation
   47         attesting to compliance with certain requirements;
   48         authorizing the office to adopt rules; amending s.
   49         641.31, F.S.; requiring that certain health
   50         maintenance contracts comply with certain
   51         requirements; authorizing the commission to adopt
   52         rules; creating s. 786.1516, F.S.; defining the terms
   53         “emergency care” and “suicide emergency”; providing
   54         that persons providing certain emergency care are not
   55         liable for civil damages or penalties under certain
   56         circumstances; amending ss. 1002.33 and 1012.583,
   57         F.S.; requiring charter schools and public schools,
   58         respectively, to incorporate certain training on
   59         suicide prevention in continuing education and
   60         inservice training requirements; providing that such
   61         schools must require all instructional personnel to
   62         participate in the training; requiring such schools to
   63         have a specified minimum number of staff members who
   64         are certified or deemed competent in the use of
   65         suicide screening instruments; requiring such schools
   66         to have a policy for such instruments; requiring such
   67         schools to report certain compliance to the Department
   68         of Education; conforming provisions to changes made by
   69         the act; amending ss. 394.495, 394.496, 394.9085,
   70         409.972, 464.012, and 744.2007, F.S.; conforming
   71         cross-references; requiring the Office of Program
   72         Policy Analysis and Government Accountability to
   73         perform a review of certain programs and efforts
   74         relating to suicide prevention programs in other
   75         states and make certain recommendations; requiring the
   76         office to submit a report to the Legislature by a
   77         specified date; providing an effective date.
   79  Be It Enacted by the Legislature of the State of Florida:
   81         Section 1. Paragraphs (a) and (d) of subsection (2) of
   82  section 14.2019, Florida Statutes, are amended, and paragraphs
   83  (e) and (f) are added to that subsection, to read:
   84         14.2019 Statewide Office for Suicide Prevention.—
   85         (2) The statewide office shall, within available resources:
   86         (a) Develop a network of community-based programs to
   87  improve suicide prevention initiatives. The network shall
   88  identify and work to eliminate barriers to providing suicide
   89  prevention services to individuals who are at risk of suicide.
   90  The network shall consist of stakeholders advocating suicide
   91  prevention, including, but not limited to, not-for-profit
   92  suicide prevention organizations, faith-based suicide prevention
   93  organizations, law enforcement agencies, first responders to
   94  emergency calls, veterans, servicemembers, suicide prevention
   95  community coalitions, schools and universities, mental health
   96  agencies, substance abuse treatment agencies, health care
   97  providers, and school personnel.
   98         (d) Coordinate education and training curricula in suicide
   99  prevention efforts for law enforcement personnel, first
  100  responders to emergency calls, veterans, servicemembers, health
  101  care providers, school employees, and other persons who may have
  102  contact with persons at risk of suicide.
  103         (e)Act as a clearinghouse for information and resources
  104  related to suicide prevention by:
  105         1. Disseminating and sharing evidence-based best practices
  106  relating to suicide prevention;
  107         2. Collecting and analyzing data on trends in suicide and
  108  suicide attempts annually by county, age, gender, profession,
  109  and other demographics as designated by the statewide office.
  110         (f) Advise the Department of Transportation on the
  111  implementation of evidence-based suicide deterrents in the
  112  design elements and features of infrastructure projects
  113  throughout the state.
  114         Section 2. Paragraph (c) of subsection (1) and subsection
  115  (2) of section 14.20195, Florida Statutes, are amended, and
  116  paragraph (d) is added to subsection (1) of that section, to
  117  read:
  118         14.20195 Suicide Prevention Coordinating Council; creation;
  119  membership; duties.—There is created within the Statewide Office
  120  for Suicide Prevention a Suicide Prevention Coordinating
  121  Council. The council shall develop strategies for preventing
  122  suicide.
  123         (1) SCOPE OF ACTIVITY.—The Suicide Prevention Coordinating
  124  Council is a coordinating council as defined in s. 20.03 and
  125  shall:
  126         (c) Make findings and recommendations regarding suicide
  127  prevention programs and activities, including, but not limited
  128  to, the implementation of evidence-based mental health awareness
  129  and assistance training programs and gatekeeper training in
  130  municipalities throughout the state. The council shall prepare
  131  an annual report and present it to the Governor, the President
  132  of the Senate, and the Speaker of the House of Representatives
  133  by January 1, each year. The annual report must describe the
  134  status of existing and planned initiatives identified in the
  135  statewide plan for suicide prevention and any recommendations
  136  arising therefrom.
  137         (d)In conjunction with the Department of Children and
  138  Families, advise members of the public on the locations and
  139  availability of local behavioral health providers.
  140         (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council
  141  shall consist of 30 27 voting members and one nonvoting member.
  142         (a) Sixteen Thirteen members shall be appointed by the
  143  director of the Statewide Office for Suicide Prevention and
  144  shall represent the following organizations:
  145         1. The Florida Association of School Psychologists.
  146         2. The Florida Sheriffs Association.
  147         3. The Suicide Prevention Action Network USA.
  148         4. The Florida Initiative of Suicide Prevention.
  149         5. The Florida Suicide Prevention Coalition.
  150         6. The American Foundation of Suicide Prevention.
  151         7. The Florida School Board Association.
  152         8. The National Council for Suicide Prevention.
  153         9. The state chapter of AARP.
  154         10. The Florida Alcohol and Drug Abuse Association.
  155         11. The Florida Council for Community Mental Health.
  156         12. The Florida Counseling Association.
  157         13. NAMI Florida.
  158         14.The Florida Medical Association.
  159         15.The Florida Osteopathic Medical Association.
  160         15.Veterans Florida.
  161         (b) The following state officials or their designees shall
  162  serve on the coordinating council:
  163         1. The Secretary of Elderly Affairs.
  164         2. The State Surgeon General.
  165         3. The Commissioner of Education.
  166         4. The Secretary of Health Care Administration.
  167         5. The Secretary of Juvenile Justice.
  168         6. The Secretary of Corrections.
  169         7. The executive director of the Department of Law
  170  Enforcement.
  171         8. The executive director of the Department of Veterans’
  172  Affairs.
  173         9. The Secretary of Children and Families.
  174         10. The executive director of the Department of Economic
  175  Opportunity.
  176         (c) The Governor shall appoint four additional members to
  177  the coordinating council. The appointees must have expertise
  178  that is critical to the prevention of suicide or represent an
  179  organization that is not already represented on the coordinating
  180  council.
  181         (d) For the members appointed by the director of the
  182  Statewide Office for Suicide Prevention, seven members shall be
  183  appointed to initial terms of 3 years, and seven members shall
  184  be appointed to initial terms of 4 years. For the members
  185  appointed by the Governor, two members shall be appointed to
  186  initial terms of 4 years, and two members shall be appointed to
  187  initial terms of 3 years. Thereafter, such members shall be
  188  appointed to terms of 4 years. Any vacancy on the coordinating
  189  council shall be filled in the same manner as the original
  190  appointment, and any member who is appointed to fill a vacancy
  191  occurring because of death, resignation, or ineligibility for
  192  membership shall serve only for the unexpired term of the
  193  member’s predecessor. A member is eligible for reappointment.
  194         (e) The director of the Statewide Office for Suicide
  195  Prevention shall be a nonvoting member of the coordinating
  196  council and shall act as chair.
  197         (f) Members of the coordinating council shall serve without
  198  compensation. Any member of the coordinating council who is a
  199  public employee is entitled to reimbursement for per diem and
  200  travel expenses as provided in s. 112.061.
  201         Section 3. Present paragraph (c) of subsection (10) of
  202  section 334.044, Florida Statutes, is redesignated as paragraph
  203  (d), and a new paragraph (c) is added to that subsection, to
  204  read:
  205         334.044 Powers and duties of the department.—The department
  206  shall have the following general powers and duties:
  207         (10)
  208         (c) The department shall work with the Statewide Office for
  209  Suicide Prevention in developing a plan to consider the
  210  implementation of evidence-based suicide deterrents on all new
  211  infrastructure projects.
  212         Section 4. Present subsections (17) through (48) of section
  213  394.455, Florida Statutes, are redesignated as subsections (18)
  214  through (49), respectively, and a new subsection (17) is added
  215  to that section, to read:
  216         394.455 Definitions.—As used in this part, the term:
  217         (17) “First episode psychosis program” means an evidence
  218  based program for individuals between 14 and 30 years of age who
  219  are experiencing early indications of serious mental illness,
  220  especially a first episode of psychotic symptoms. The program
  221  includes, but is not limited to, intensive case management,
  222  individual or group therapy, supported employment, family
  223  education and supports, and appropriate psychotropic medication,
  224  as indicated.
  225         Section 5. Section 394.4573, Florida Statutes, is amended
  226  to read:
  227         394.4573 Coordinated system of care; annual assessment;
  228  essential elements; measures of performance; system improvement
  229  grants; reports.—On or before December 1 of each year, the
  230  department shall submit to the Governor, the President of the
  231  Senate, and the Speaker of the House of Representatives an
  232  assessment of the behavioral health services in this state. The
  233  assessment shall consider, at a minimum, the extent to which
  234  designated receiving systems function as no-wrong-door models,
  235  the availability of treatment and recovery services that use
  236  recovery-oriented and peer-involved approaches, the availability
  237  of less-restrictive services, and the use of evidence-informed
  238  practices. The assessment must also describe the availability of
  239  and access to first episode psychosis programs, and any gaps in
  240  the availability and access of such programs, in all areas of
  241  the state. The department’s assessment shall consider, at a
  242  minimum, the needs assessments conducted by the managing
  243  entities pursuant to s. 394.9082(5). Beginning in 2017, the
  244  department shall compile and include in the report all plans
  245  submitted by managing entities pursuant to s. 394.9082(8) and
  246  the department’s evaluation of each plan.
  247         (1) As used in this section:
  248         (a) “Care coordination” means the implementation of
  249  deliberate and planned organizational relationships and service
  250  procedures that improve the effectiveness and efficiency of the
  251  behavioral health system by engaging in purposeful interactions
  252  with individuals who are not yet effectively connected with
  253  services to ensure service linkage. Examples of care
  254  coordination activities include development of referral
  255  agreements, shared protocols, and information exchange
  256  procedures. The purpose of care coordination is to enhance the
  257  delivery of treatment services and recovery supports and to
  258  improve outcomes among priority populations.
  259         (b) “Case management” means those direct services provided
  260  to a client in order to assess his or her needs, plan or arrange
  261  services, coordinate service providers, link the service system
  262  to a client, monitor service delivery, and evaluate patient
  263  outcomes to ensure the client is receiving the appropriate
  264  services.
  265         (c) “Coordinated system of care” means the full array of
  266  behavioral and related services in a region or community offered
  267  by all service providers, whether participating under contract
  268  with the managing entity or by another method of community
  269  partnership or mutual agreement.
  270         (d) “No-wrong-door model” means a model for the delivery of
  271  acute care services to persons who have mental health or
  272  substance use disorders, or both, which optimizes access to
  273  care, regardless of the entry point to the behavioral health
  274  care system.
  275         (2) The essential elements of a coordinated system of care
  276  include:
  277         (a) Community interventions, such as prevention, primary
  278  care for behavioral health needs, therapeutic and supportive
  279  services, crisis response services, and diversion programs.
  280         (b) A designated receiving system that consists of one or
  281  more facilities serving a defined geographic area and
  282  responsible for assessment and evaluation, both voluntary and
  283  involuntary, and treatment or triage of patients who have a
  284  mental health or substance use disorder, or co-occurring
  285  disorders.
  286         1. A county or several counties shall plan the designated
  287  receiving system using a process that includes the managing
  288  entity and is open to participation by individuals with
  289  behavioral health needs and their families, service providers,
  290  law enforcement agencies, and other parties. The county or
  291  counties, in collaboration with the managing entity, shall
  292  document the designated receiving system through written
  293  memoranda of agreement or other binding arrangements. The county
  294  or counties and the managing entity shall complete the plan and
  295  implement the designated receiving system by July 1, 2017, and
  296  the county or counties and the managing entity shall review and
  297  update, as necessary, the designated receiving system at least
  298  once every 3 years.
  299         2. To the extent permitted by available resources, the
  300  designated receiving system shall function as a no-wrong-door
  301  model. The designated receiving system may be organized in any
  302  manner which functions as a no-wrong-door model that responds to
  303  individual needs and integrates services among various
  304  providers. Such models include, but are not limited to:
  305         a. A central receiving system that consists of a designated
  306  central receiving facility that serves as a single entry point
  307  for persons with mental health or substance use disorders, or
  308  co-occurring disorders. The central receiving facility shall be
  309  capable of assessment, evaluation, and triage or treatment or
  310  stabilization of persons with mental health or substance use
  311  disorders, or co-occurring disorders.
  312         b. A coordinated receiving system that consists of multiple
  313  entry points that are linked by shared data systems, formal
  314  referral agreements, and cooperative arrangements for care
  315  coordination and case management. Each entry point shall be a
  316  designated receiving facility and shall, within existing
  317  resources, provide or arrange for necessary services following
  318  an initial assessment and evaluation.
  319         c. A tiered receiving system that consists of multiple
  320  entry points, some of which offer only specialized or limited
  321  services. Each service provider shall be classified according to
  322  its capabilities as either a designated receiving facility or
  323  another type of service provider, such as a triage center, a
  324  licensed detoxification facility, or an access center. All
  325  participating service providers shall, within existing
  326  resources, be linked by methods to share data, formal referral
  327  agreements, and cooperative arrangements for care coordination
  328  and case management.
  330  An accurate inventory of the participating service providers
  331  which specifies the capabilities and limitations of each
  332  provider and its ability to accept patients under the designated
  333  receiving system agreements and the transportation plan
  334  developed pursuant to this section shall be maintained and made
  335  available at all times to all first responders in the service
  336  area.
  337         (c) Transportation in accordance with a plan developed
  338  under s. 394.462.
  339         (d) Crisis services, including mobile response teams,
  340  crisis stabilization units, addiction receiving facilities, and
  341  detoxification facilities.
  342         (e) Case management. Each case manager or person directly
  343  supervising a case manager who provides Medicaid-funded targeted
  344  case management services shall hold a valid certification from a
  345  department-approved credentialing entity as defined in s.
  346  397.311(10) by July 1, 2017, and, thereafter, within 6 months
  347  after hire.
  348         (f) Care coordination that involves coordination with other
  349  local systems and entities, public and private, which are
  350  involved with the individual, such as primary care, child
  351  welfare, behavioral health care, and criminal and juvenile
  352  justice organizations.
  353         (g) Outpatient services.
  354         (h) Residential services.
  355         (i) Hospital inpatient care.
  356         (j) Aftercare and other postdischarge services.
  357         (k) Medication-assisted treatment and medication
  358  management.
  359         (l) Recovery support, including, but not limited to,
  360  support for competitive employment, educational attainment,
  361  independent living skills development, family support and
  362  education, wellness management and self-care, and assistance in
  363  obtaining housing that meets the individual’s needs. Such
  364  housing may include mental health residential treatment
  365  facilities, limited mental health assisted living facilities,
  366  adult family care homes, and supportive housing. Housing
  367  provided using state funds must provide a safe and decent
  368  environment free from abuse and neglect.
  369         (m) Care plans shall assign specific responsibility for
  370  initial and ongoing evaluation of the supervision and support
  371  needs of the individual and the identification of housing that
  372  meets such needs. For purposes of this paragraph, the term
  373  “supervision” means oversight of and assistance with compliance
  374  with the clinical aspects of an individual’s care plan.
  375         (n)First episode psychosis programs.
  376         (3) SYSTEM IMPROVEMENT GRANTS.—Subject to a specific
  377  appropriation by the Legislature, the department may award
  378  system improvement grants to managing entities based on a
  379  detailed plan to enhance services in accordance with the no
  380  wrong-door model as defined in subsection (1) and to address
  381  specific needs identified in the assessment prepared by the
  382  department pursuant to this section. Such a grant must be
  383  awarded through a performance-based contract that links payments
  384  to the documented and measurable achievement of system
  385  improvements.
  386         Section 6. Subsection (3) of section 394.463, Florida
  387  Statutes, is amended to read:
  388         394.463 Involuntary examination.—
  389         (3) NOTICE OF RELEASE.—Notice of the release shall be given
  390  to the patient’s guardian or representative, to any person who
  391  executed a certificate admitting the patient to the receiving
  392  facility, and to any court which ordered the patient’s
  393  evaluation. If the patient is a minor, information regarding the
  394  availability of a local mobile response service, suicide
  395  prevention resources, social supports, and local self-help
  396  groups must also be provided to the patient’s guardian or
  397  representative along with the notice of the release.
  398         Section 7. Section 456.0342, Florida Statutes, is created
  399  to read:
  400         456.0342 Required instruction on suicide prevention.—The
  401  requirements of this section apply to each person licensed or
  402  certified under chapter 458, chapter 459, or part I of chapter
  403  464.
  404         (1) By January 1, 2022, each licensed or certified
  405  practitioner shall complete a board-approved 2-hour continuing
  406  education course on suicide prevention. The course must address
  407  suicide risk assessment, treatment, and management.
  408         (2) Each licensing board that requires a licensee or
  409  certificate holder to complete a course pursuant to this section
  410  must include the hours required for completion in the total
  411  hours of continuing education required by law for such
  412  profession.
  413         Section 8. Paragraph (b) of subsection (8) of section
  414  627.6675, Florida Statutes, is amended to read:
  415         627.6675 Conversion on termination of eligibility.—Subject
  416  to all of the provisions of this section, a group policy
  417  delivered or issued for delivery in this state by an insurer or
  418  nonprofit health care services plan that provides, on an
  419  expense-incurred basis, hospital, surgical, or major medical
  420  expense insurance, or any combination of these coverages, shall
  421  provide that an employee or member whose insurance under the
  422  group policy has been terminated for any reason, including
  423  discontinuance of the group policy in its entirety or with
  424  respect to an insured class, and who has been continuously
  425  insured under the group policy, and under any group policy
  426  providing similar benefits that the terminated group policy
  427  replaced, for at least 3 months immediately prior to
  428  termination, shall be entitled to have issued to him or her by
  429  the insurer a policy or certificate of health insurance,
  430  referred to in this section as a “converted policy.” A group
  431  insurer may meet the requirements of this section by contracting
  432  with another insurer, authorized in this state, to issue an
  433  individual converted policy, which policy has been approved by
  434  the office under s. 627.410. An employee or member shall not be
  435  entitled to a converted policy if termination of his or her
  436  insurance under the group policy occurred because he or she
  437  failed to pay any required contribution, or because any
  438  discontinued group coverage was replaced by similar group
  439  coverage within 31 days after discontinuance.
  440         (8) BENEFITS OFFERED.—
  441         (b) An insurer shall offer the benefits specified in s.
  442  627.4193 s. 627.668 and the benefits specified in s. 627.669 if
  443  those benefits were provided in the group plan.
  444         Section 9. Section 627.668, Florida Statutes, is
  445  transferred, renumbered as section 627.4193, Florida Statutes,
  446  and amended to read:
  447         627.4193 627.668Requirements for mental health and
  448  substance use disorder benefits; reporting requirements Optional
  449  coverage for mental and nervous disorders required; exception.—
  450         (1) Every insurer issuing, delivering, or issuing for
  451  delivery comprehensive major medical individual or, health
  452  maintenance organization, and nonprofit hospital and medical
  453  service plan corporation transacting group health insurance
  454  policies or providing prepaid health care in this state must
  455  comply with the federal Paul Wellstone and Pete Domenici Mental
  456  Health Parity and Addiction Equity Act of 2008 (MHPAEA) and any
  457  regulations relating to MHPAEA, including, but not limited to,
  458  45 C.F.R. s. 146.136, 45 C.F.R. s. 147.160, and 45 C.F.R. s.
  459  156.115(a)(3); and must provide shall make available to the
  460  policyholder as part of the application, for an appropriate
  461  additional premium under a group hospital and medical expense
  462  incurred insurance policy, under a group prepaid health care
  463  contract, and under a group hospital and medical service plan
  464  contract, the benefits or level of benefits specified in
  465  subsection (2) for the medically necessary care and treatment of
  466  mental and nervous disorders, including substance use disorders,
  467  as described defined in the Diagnostic and Statistical Manual of
  468  Mental Disorders, Fifth Edition, published by standard
  469  nomenclature of the American Psychiatric Association, subject to
  470  the right of the applicant for a group policy or contract to
  471  select any alternative benefits or level of benefits as may be
  472  offered by the insurer, health maintenance organization, or
  473  service plan corporation provided that, if alternate inpatient,
  474  outpatient, or partial hospitalization benefits are selected,
  475  such benefits shall not be less than the level of benefits
  476  required under paragraph (2)(a), paragraph (2)(b), or paragraph
  477  (2)(c), respectively.
  478         (2) Under individual or group policies described in
  479  subsection (1) or contracts, inpatient hospital benefits,
  480  partial hospitalization benefits, and outpatient benefits
  481  consisting of durational limits, dollar amounts, deductibles,
  482  and coinsurance factors may not be provided in a manner that is
  483  more restrictive than medical and surgical benefits, and limits
  484  on the scope or duration of treatments which are not expressed
  485  numerically, also known as nonquantitative treatment
  486  limitations, must be provided in a manner that is comparable and
  487  may not be applied more stringently than limits on medical and
  488  surgical benefits, in accordance with 45 C.F.R. s.
  489  146.136(c)(2), (3), and (4) shall not be less favorable than for
  490  physical illness generally, except that:
  491         (a) Inpatient benefits may be limited to not less than 30
  492  days per benefit year as defined in the policy or contract. If
  493  inpatient hospital benefits are provided beyond 30 days per
  494  benefit year, the durational limits, dollar amounts, and
  495  coinsurance factors thereto need not be the same as applicable
  496  to physical illness generally.
  497         (b) Outpatient benefits may be limited to $1,000 for
  498  consultations with a licensed physician, a psychologist licensed
  499  pursuant to chapter 490, a mental health counselor licensed
  500  pursuant to chapter 491, a marriage and family therapist
  501  licensed pursuant to chapter 491, and a clinical social worker
  502  licensed pursuant to chapter 491. If benefits are provided
  503  beyond the $1,000 per benefit year, the durational limits,
  504  dollar amounts, and coinsurance factors thereof need not be the
  505  same as applicable to physical illness generally.
  506         (c) Partial hospitalization benefits shall be provided
  507  under the direction of a licensed physician. For purposes of
  508  this part, the term “partial hospitalization services” is
  509  defined as those services offered by a program that is
  510  accredited by an accrediting organization whose standards
  511  incorporate comparable regulations required by this state.
  512  Alcohol rehabilitation programs accredited by an accrediting
  513  organization whose standards incorporate comparable regulations
  514  required by this state or approved by the state and licensed
  515  drug abuse rehabilitation programs shall also be qualified
  516  providers under this section. In a given benefit year, if
  517  partial hospitalization services or a combination of inpatient
  518  and partial hospitalization are used, the total benefits paid
  519  for all such services may not exceed the cost of 30 days after
  520  inpatient hospitalization for psychiatric services, including
  521  physician fees, which prevail in the community in which the
  522  partial hospitalization services are rendered. If partial
  523  hospitalization services benefits are provided beyond the limits
  524  set forth in this paragraph, the durational limits, dollar
  525  amounts, and coinsurance factors thereof need not be the same as
  526  those applicable to physical illness generally.
  527         (3) Insurers must maintain strict confidentiality regarding
  528  psychiatric and psychotherapeutic records submitted to an
  529  insurer for the purpose of reviewing a claim for benefits
  530  payable under this section. These records submitted to an
  531  insurer are subject to the limitations of s. 456.057, relating
  532  to the furnishing of patient records.
  533         (4)Every insurer shall submit an annual affidavit
  534  attesting to compliance with the applicable provisions of the
  535  MHPAEA.
  536         (5)The office shall implement and enforce applicable
  537  provisions of MHPAEA and federal guidance or regulations
  538  relating to MHPAEA, including, but not limited to, 45 C.F.R. s.
  539  146.136, 45 C.F.R. s. 147.160, and 45 C.F.R. s. 156.115(a)(3),
  540  and this section.
  541         (6)The Financial Services Commission may adopt rules to
  542  implement this section.
  543         Section 10. Section 627.669, Florida Statutes, is repealed.
  544         Section 11. Present subsection (17) of section 627.6699,
  545  Florida Statutes, is redesignated as subsection (18), and a new
  546  subsection (17) is added to that section, to read:
  547         627.6699 Employee Health Care Access Act.—
  549  benefit plan that provides coverage to employees of a small
  550  employer is subject to s. 627.4193.
  551         Section 12. Subsection (9) is added to section 641.26,
  552  Florida Statutes, to read:
  553         641.26 Annual and quarterly reports.—
  554         (9) Every health maintenance organization issuing,
  555  delivering, or issuing for delivery contracts providing
  556  comprehensive major medical coverage shall annually submit an
  557  affidavit to the office attesting to compliance with the
  558  requirements of s. 627.4193. The office may adopt rules to
  559  implement this subsection.
  560         Section 13. Subsection (48) is added to section 641.31,
  561  Florida Statutes, to read:
  562         641.31 Health maintenance contracts.—
  563         (48) All health maintenance contracts that provide
  564  comprehensive medical coverage must comply with the coverage
  565  provisions of s. 627.4193. The commission may adopt rules to
  566  implement this subsection.
  567         Section 14. Section 786.1516, Florida Statutes, is created
  568  to read:
  569         786.1516 Immunity for providing assistance in a suicide
  570  emergency.—
  571         (1) As used in this section, the term:
  572         (a) “Emergency care” means assistance or advice offered to
  573  avoid, mitigate, or attempt to mitigate the effects of a suicide
  574  emergency.
  575         (b) “Suicide emergency” means an occurrence that reasonably
  576  indicates an individual is at risk of dying or attempting to die
  577  by suicide.
  578         (2) A person who provides emergency care at or near the
  579  scene of a suicide emergency, gratuitously and in good faith, is
  580  not liable for any civil damages or penalties as a result of any
  581  act or omission by the person providing the emergency care
  582  unless the person is grossly negligent or caused the suicide
  583  emergency.
  584         Section 15. Present subsection (28) of section 1002.33,
  585  Florida Statutes, is redesignated as subsection (29), and a new
  586  subsection (28) is added to that section, to read:
  587         1002.33 Charter schools.—
  590         (a) By October 1, 2020, every charter school must:
  591         1. Incorporate 2 hours of training offered pursuant to s.
  592  1012.583. The training must be included in the existing
  593  continuing education or inservice training requirements for
  594  instructional personnel and may not add to the total hours
  595  currently required by the department. Every charter school must
  596  require all instructional personnel to participate.
  597         2. Have at least two school-based staff members certified
  598  or otherwise deemed competent in the use of a suicide screening
  599  instrument approved under s. 1012.583(1) and have a policy to
  600  use such suicide risk screening instrument to evaluate a
  601  student’s suicide risk before requesting the initiation of, or
  602  initiating, an involuntary examination due to concerns about
  603  that student’s suicide risk.
  604         (b) Every charter school must report its compliance with
  605  this subsection to the department.
  606         Section 16. Subsections (2) and (3) of section 1012.583,
  607  Florida Statutes, are amended to read:
  608         1012.583 Continuing education and inservice training for
  609  youth suicide awareness and prevention.—
  610         (2) By October 1, 2020, every public school must A school
  611  shall be considered a “Suicide Prevention Certified School” if
  612  it:
  613         (a) Incorporate Incorporates 2 hours of training offered
  614  pursuant to this section. The training must be included in the
  615  existing continuing education or inservice training requirements
  616  for instructional personnel and may not add to the total hours
  617  currently required by the department. Every public school A
  618  school that chooses to participate in the training must require
  619  all instructional personnel to participate.
  620         (b) Have Has at least two school-based staff members
  621  certified or otherwise deemed competent in the use of a suicide
  622  screening instrument approved under subsection (1) and have has
  623  a policy to use such suicide risk screening instrument to
  624  evaluate a student’s suicide risk before requesting the
  625  initiation of, or initiating, an involuntary examination due to
  626  concerns about that student’s suicide risk.
  627         (3) Every public school A school that meets the criteria in
  628  subsection (2) must report its compliance with this section to
  629  the department. The department shall keep an updated record of
  630  all Suicide Prevention Certified Schools and shall post the list
  631  of these schools on the department’s website. Each school shall
  632  also post on its own website whether it is a Suicide Prevention
  633  Certified School, and each school district shall post on its
  634  district website a list of the Suicide Prevention Certified
  635  Schools in that district.
  636         Section 17. Paragraphs (a) and (c) of subsection (3) of
  637  section 394.495, Florida Statutes, are amended to read:
  638         394.495 Child and adolescent mental health system of care;
  639  programs and services.—
  640         (3) Assessments must be performed by:
  641         (a) A professional as defined in s. 394.455(5), (7), (33)
  642  (32), (36) (35), or (37) (36);
  643         (c) A person who is under the direct supervision of a
  644  qualified professional as defined in s. 394.455(5), (7), (33)
  645  (32), (36) (35), or (37) (36) or a professional licensed under
  646  chapter 491.
  647         Section 18. Subsection (5) of section 394.496, Florida
  648  Statutes, is amended to read:
  649         394.496 Service planning.—
  650         (5) A professional as defined in s. 394.455(5), (7), (33)
  651  (32), (36) (35), or (37) (36) or a professional licensed under
  652  chapter 491 must be included among those persons developing the
  653  services plan.
  654         Section 19. Subsection (6) of section 394.9085, Florida
  655  Statutes, is amended to read:
  656         394.9085 Behavioral provider liability.—
  657         (6) For purposes of this section, the terms “detoxification
  658  services,” “addictions receiving facility,” and “receiving
  659  facility” have the same meanings as those provided in ss.
  660  397.311(26)(a)4., 397.311(26)(a)1., and 394.455(40) 394.455(39),
  661  respectively.
  662         Section 20. Paragraph (b) of subsection (1) of section
  663  409.972, Florida Statutes, is amended to read:
  664         409.972 Mandatory and voluntary enrollment.—
  665         (1) The following Medicaid-eligible persons are exempt from
  666  mandatory managed care enrollment required by s. 409.965, and
  667  may voluntarily choose to participate in the managed medical
  668  assistance program:
  669         (b) Medicaid recipients residing in residential commitment
  670  facilities operated through the Department of Juvenile Justice
  671  or a treatment facility as defined in s. 394.455(47).
  672         Section 21. Paragraph (e) of subsection (4) of section
  673  464.012, Florida Statutes, is amended to read:
  674         464.012 Licensure of advanced practice registered nurses;
  675  fees; controlled substance prescribing.—
  676         (4) In addition to the general functions specified in
  677  subsection (3), an advanced practice registered nurse may
  678  perform the following acts within his or her specialty:
  679         (e) A psychiatric nurse, who meets the requirements in s.
  680  394.455(36) s. 394.455(35), within the framework of an
  681  established protocol with a psychiatrist, may prescribe
  682  psychotropic controlled substances for the treatment of mental
  683  disorders.
  684         Section 22. Subsection (7) of section 744.2007, Florida
  685  Statutes, is amended to read:
  686         744.2007 Powers and duties.—
  687         (7) A public guardian may not commit a ward to a treatment
  688  facility, as defined in s. 394.455(47), without an involuntary
  689  placement proceeding as provided by law.
  690         Section 23. The Office of Program Policy Analysis and
  691  Government Accountability shall perform a review of suicide
  692  prevention programs and efforts made by other states and make
  693  recommendations on their applicability to this state. The office
  694  shall submit a report containing the findings and
  695  recommendations to the President of the Senate and the Speaker
  696  of the House of Representatives by January 1, 2021.
  697         Section 24. This act shall take effect July 1, 2020.