Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1016
       
       
       
       
       
       
                                Ì175230qÎ175230                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/06/2023           .                                
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       The Committee on Children, Families, and Elder Affairs (Rouson)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 65 - 334
    4  and insert:
    5         Section 3. Paragraphs (b) and (j) of subsection (4),
    6  paragraph (b) of subsection (5), paragraph (b) of subsection
    7  (6), and subsections (8) and (10) of section 394.9082, Florida
    8  Statutes, are amended, and paragraph (n) is added to subsection
    9  (3) and paragraph (v) is added to subsection (5) of that
   10  section, to read:
   11         394.9082 Behavioral health managing entities.—
   12         (3) DEPARTMENT DUTIES.—The department shall:
   13         (n)Complete an analysis of the use of funding designations
   14  and contract deliverables with the managing entities every 3
   15  years.
   16         (4) CONTRACT WITH MANAGING ENTITIES.—
   17         (b) The department shall issue an invitation to negotiate
   18  under s. 287.057 to select an organization to serve as a
   19  managing entity. If the department receives fewer than two
   20  responsive bids to the solicitation, the department may shall
   21  reissue the solicitation and managed behavioral health
   22  organizations shall be eligible to bid and be awarded a
   23  contract.
   24         (j) By June 30, 2019, If all other contract requirements
   25  and performance standards are met and the department determines
   26  that a managing entity under contract as of July 1, 2016, has
   27  received network accreditation pursuant to subsection (6), the
   28  department may continue its contract with the managing entity
   29  for up to, but not exceeding, 5 years, including any and all
   30  renewals and extensions. Thereafter, the department must issue a
   31  competitive solicitation pursuant to paragraph (b).
   32         (5) MANAGING ENTITY DUTIES.—A managing entity shall:
   33         (b) Conduct a community behavioral health care needs
   34  assessment every 3 years in the geographic area served by the
   35  managing entity which identifies needs by subregion. The process
   36  for conducting the needs assessment shall include an opportunity
   37  for public participation. The assessment shall include, at a
   38  minimum, the information the department needs for its annual
   39  report to the Governor and Legislature pursuant to s. 394.4573.
   40  The assessment shall also include a list and descriptions of any
   41  gaps in the arrays of services for children or adolescents
   42  identified pursuant to s. 394.4955 and recommendations for
   43  addressing such gaps. The managing entity shall provide the
   44  needs assessment to the department. The department, in
   45  consultation with the managing entities, shall review such
   46  assessments for inclusion in the department’s legislative budget
   47  request.
   48         (v)Collaborate with county emergency operation centers to
   49  identify contracted provider organizations that are deemed
   50  essential for critical public health infrastructure.
   51         (6) NETWORK ACCREDITATION AND SYSTEMS COORDINATION
   52  AGREEMENTS.—
   53         (b) If no accreditations are available or deemed acceptable
   54  pursuant to paragraph (a) which address coordination between the
   55  provider network and major systems and programs with which the
   56  provider network interacts, each managing entity shall enter
   57  into memoranda of understanding which details mechanisms for
   58  communication and coordination. The managing entity shall enter
   59  into such memoranda with any community-based care lead agencies,
   60  circuit courts, county courts, sheriffs’ offices, offices of the
   61  public defender, offices of criminal conflict and civil regional
   62  counsel, Medicaid managed medical assistance plans, and homeless
   63  coalitions in its service area. Each managing entity under
   64  contract on July 1, 2016, shall enter into such memoranda by
   65  June 30, 2017, and Each managing entity under contract after
   66  July 1, 2016, shall enter into such memoranda within 1 year
   67  after its contract execution date.
   68         (8) ENHANCEMENT PLANS.—By June September 1 of each year,
   69  beginning in 2017, each managing entity shall develop and submit
   70  to the department a description of strategies for enhancing
   71  services and addressing three to five priority needs in the
   72  service area. The planning process sponsored by the managing
   73  entity shall include consumers and their families, community
   74  based care lead agencies, local governments, law enforcement
   75  agencies, service providers, community partners and other
   76  stakeholders. Each strategy must be described in detail and
   77  accompanied by an implementation plan that specifies action
   78  steps, identifies responsible parties, and delineates specific
   79  services that would be purchased, projected costs, the projected
   80  number of individuals that would be served, and the estimated
   81  benefits of the services. The department shall consider
   82  enhancement plans submitted by the managing entities in the
   83  department’s legislative budget request All or parts of these
   84  enhancement plans may be included in the department’s annual
   85  budget requests submitted to the Legislature.
   86         (10) ACUTE CARE SERVICES UTILIZATION DATABASE.—The
   87  department shall develop, implement, and maintain standards
   88  under which a managing entity shall collect utilization data
   89  from all contracted public receiving facilities situated within
   90  its geographical service area and all detoxification and
   91  addictions receiving facilities under contract with the managing
   92  entity. As used in this subsection, the term “public receiving
   93  facility” means an entity that meets the licensure requirements
   94  of, and is designated by, the department to operate as a public
   95  receiving facility under s. 394.875 and that is operating as a
   96  licensed crisis stabilization unit.
   97         (a) The department shall develop standards and protocols to
   98  be used for data collection, storage, transmittal, and analysis.
   99  The standards and protocols shall allow for compatibility of
  100  data and data transmittal between public receiving facilities,
  101  detoxification facilities, addictions receiving facilities,
  102  managing entities, and the department for the implementation,
  103  and to meet the requirements, of this subsection.
  104         (b) A managing entity shall require providers specified in
  105  paragraph (a) to submit data, in real time or at least daily, to
  106  the managing entity for:
  107         1. All admissions and discharges of clients receiving
  108  public receiving facility services who qualify as indigent, as
  109  defined in s. 394.4787.
  110         2. All admissions and discharges of clients receiving
  111  substance abuse services in an addictions receiving facility or
  112  detoxification facility pursuant to parts IV and V of chapter
  113  397 who qualify as indigent.
  114         3. The current active census of total licensed beds, the
  115  number of beds purchased by the department, the number of
  116  clients qualifying as indigent occupying those beds, and the
  117  total number of unoccupied licensed beds, regardless of funding.
  118         (c) A managing entity shall require providers specified in
  119  paragraph (a) to submit data, on a monthly basis, to the
  120  managing entity which aggregates the daily data submitted under
  121  paragraph (b). The managing entity shall reconcile the data in
  122  the monthly submission to the data received by the managing
  123  entity under paragraph (b) to check for consistency. If the
  124  monthly aggregate data submitted by a provider under this
  125  paragraph are inconsistent with the daily data submitted under
  126  paragraph (b), the managing entity shall consult with the
  127  provider to make corrections necessary to ensure accurate data.
  128         (d) A managing entity shall require providers specified in
  129  paragraph (a) within its provider network to submit data, on an
  130  annual basis, to the managing entity which aggregates the data
  131  submitted and reconciled under paragraph (c). The managing
  132  entity shall reconcile the data in the annual submission to the
  133  data received and reconciled by the managing entity under
  134  paragraph (c) to check for consistency. If the annual aggregate
  135  data submitted by a provider under this paragraph are
  136  inconsistent with the data received and reconciled under
  137  paragraph (c), the managing entity shall consult with the
  138  provider to make corrections necessary to ensure accurate data.
  139         (e) After ensuring the accuracy of data pursuant to
  140  paragraphs (c) and (d), the managing entity shall submit the
  141  data to the department on a monthly and an annual basis. The
  142  department shall create a statewide database for the data
  143  described under paragraph (b) and submitted under this paragraph
  144  for the purpose of analyzing the use of publicly funded crisis
  145  stabilization services and detoxification and addictions
  146  receiving services provided on a statewide and an individual
  147  provider basis.
  148         (f) The department shall post on its website, by facility,
  149  the data collected pursuant to this subsection and update such
  150  posting monthly.
  151  
  152  ================= T I T L E  A M E N D M E N T ================
  153  And the title is amended as follows:
  154         Delete lines 8 - 35
  155  and insert:
  156         amending s. 394.9082, F.S.; revising the duties of the
  157         department; revising department requirements for, and
  158         authorizations relating to, contracting with managing
  159         entities; requiring the department to review
  160         assessments, in consultation with the managing
  161         entities, for inclusion in the department’s
  162         legislative budget request; revising managing entity
  163         duties; revising the timeframe for annually submitting
  164         enhancement plans; revising requirements relating to
  165         the acute care services utilization database;
  166         providing an