Florida 2023 Regular Session

Florida House Bill H1095 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to mental health and substance abuse; 2
16	16	amending s. 394.494, F.S.; revising a requirement for 3
17	17	the Department of Children and Families relating to 4
18	18	certain performance outcomes and measures; amending s. 5
19	19	394.4955, F.S.; requiring managing entiti es to lead 6
20	20	the implementation of a coordinated system of care; 7
21	21	repealing s. 394.74, F.S., relating to contracts for 8
22	22	provision of local substance abuse and mental health 9
23	23	programs; repealing s. 394.75, F.S., relating to state 10
24	24	and district substance abuse and mental health plans; 11
25	25	repealing s. 394.76, F.S., relating to financing of 12
26	26	district programs and services; amending s. 394.9082, 13
27	27	F.S.; revising the definition of the term "managing 14
28	28	entity"; revising the duties of the department; 15
29	29	revising department requirem ents for, and 16
30	30	authorizations relating to, contracting with managing 17
31	31	entities; requiring the department to review such 18
32	32	assessments, in consultation with managing entity 19
33	33	representatives, for inclusion in the department's 20
34	34	legislative budget request; revising managing entity 21
35	35	duties; deleting a requirement for certain managing 22
36	36	entities to enter into a memoranda of understanding 23
37	37	relating to network accreditation and systems 24
38	38	coordination within a specified timeframe; revising 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	the timeframe for annually submitting enhancement 26
52	52	plans; revising requirements relating to the acute 27
53	53	care services utilization database; amending ss. 28
54	54	394.4574, 394.493, and 394.674, F.S.; conforming 29
55	55	provisions to changes made by the act; reenacting ss. 30
56	56	394.9086(3)(a) and 394.9087(6), F.S., rel ating to the 31
57	57	Commission on Mental Health and Substance Abuse and 32
58	58	the Florida Veterans' Care Coordination Program, 33
59	59	respectively, to incorporate the amendments made to s. 34
60	60	394.9082, F.S., in references thereto; providing an 35
61	61	effective date. 36
62	62	37
63	63	Be It Enacted by the Legislature of the State of Florida: 38
64	64	39
65	65	Section 1. Subsection (2) of section 394.494, Florida 40
66	66	Statutes, is amended to read: 41
67	67	394.494 General performance outcomes for the child and 42
68	68	adolescent mental health treatment and support system. — 43
69	69	(2) Annually, pursuant to former s. 216.0166, the 44
70	70	department shall develop more specific performance outcomes and 45
71	71	performance measures to assess the performance of the child and 46
72	72	adolescent mental health treatment and support system in 47
73	73	achieving the intent of this section. 48
74	74	Section 2. Subsection (1) of section 394.4955, Florida 49
75	75	Statutes, is amended to read: 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	394.4955 Coordinated system of care; child and adolescent 51
89	89	mental health treatment and support. — 52
90	90	(1) Pursuant to s. 394.9082(5)(d), each managing entity 53
91	91	shall lead the development and implementation of a plan that 54
92	92	promotes the development and effective implementation of a 55
93	93	coordinated system of care which integrates services provided 56
94	94	through providers funded by the state's child -serving systems 57
95	95	and facilitates access by children and adolescents, as resources 58
96	96	permit, to needed mental health treatment and services at any 59
97	97	point of entry regardless of the time of year, intensity, or 60
98	98	complexity of the need, and other systems with which such 61
99	99	children and adolescents are involved, as well as treatment and 62
100	100	services available through other systems for which they would 63
101	101	qualify. 64
102	102	Section 3. Section 394.74, Florida Statutes, is repealed. 65
103	103	Section 4. Section 394.75, Florida Statutes, is repealed. 66
104	104	Section 5. Section 394.76, Florida Statutes, is repealed. 67
105	105	Section 6. Paragraph (e) of subsection (2), paragraphs (b) 68
106	106	and (j) of subsection (4), paragraphs (b) and (l) of subsection 69
107	107	(5), paragraph (b) of subsection (6), and subsections (8) and 70
108	108	(10) of section 394.9082, Florida Statutes, are amended, and 71
109	109	paragraphs (n) and (o) are added to subsection (3) and paragraph 72
110	110	(v) is added to subsection (5) of that section, to read: 73
111	111	394.9082 Behavioral health managing entities. — 74
112	112	(2) DEFINITIONS.—As used in this section, the te rm: 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	(e) "Managing entity" means a corporation : 76
126	126	1. Selected by and under contract with the department to 77
127	127	manage the daily operational delivery of behavioral health 78
128	128	services through a coordinated system of care that does not 79
129	129	provide therapeutic services; and 80
130	130	2. That is eligible to receive federal block grant 81
131	131	funding. 82
132	132	(3) DEPARTMENT DUTIES. —The department shall: 83
133	133	(n) Work with the managing entities and allow managing 84
134	134	entities to have direct input when reviewing expenditures to 85
135	135	determine funding of app ropriate services and reduce 86
136	136	administrative burdens. 87
137	137	(o) Complete a review of all reports submitted by managing 88
138	138	entities for the purpose of reducing administrative burdens by 89
139	139	identifying obsolete, duplicative, and uninformative reports. 90
140	140	(4) CONTRACT WITH MANAGING ENTITIES. — 91
141	141	(b) The department may shall issue an invitation to 92
142	142	negotiate under s. 287.057 to select an organization to serve as 93
143	143	a managing entity. If the department does not receive a 94
144	144	responsive bid receives fewer than two responsive bids to the 95
145	145	solicitation, the department may shall reissue the solicitation 96
146	146	and managed behavioral health organizations shall be eligible to 97
147	147	bid and be awarded a contract , notwithstanding the federal block 98
148	148	grant eligibility requirement . 99
149	149	(j) By June 30, 2019, If all other contract requirements 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	and performance standards are substantially met and the 101
163	163	department determines that a managing entity has maintained 102
164	164	under contract as of July 1, 2016, has received network 103
165	165	accreditation pursuant to subsection (6), the depart ment may 104
166	166	continue its contract with the managing entity for as long as 105
167	167	the managing entity meets its contractual and performance 106
168	168	requirements up to, but not exceeding, 5 years, including any 107
169	169	and all renewals and extensions. Thereafter, the department must 108
170	170	issue a competitive solicitation pursuant to paragraph (b) . 109
171	171	(5) MANAGING ENTITY DUTIES. —A managing entity shall: 110
172	172	(b) Conduct a community behavioral health care needs 111
173	173	assessment every 3 years in the geographic area served by the 112
174	174	managing entity which id entifies needs by subregion. The process 113
175	175	for conducting the needs assessment shall include an opportunity 114
176	176	for public participation. The assessment shall include, at a 115
177	177	minimum, the information the department needs for its annual 116
178	178	report to the Governor and L egislature pursuant to s. 394.4573. 117
179	179	The assessment shall also include a list and descriptions of any 118
180	180	gaps in the arrays of services for children or adolescents 119
181	181	identified pursuant to s. 394.4955 and recommendations for 120
182	182	addressing such gaps. The managing en tity shall provide the 121
183	183	needs assessment to the department. The department, in 122
184	184	consultation with the managing entity representatives, shall 123
185	185	review such assessments for inclusion in the department's 124
186	186	legislative budget request. 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	(l) Work collaboratively with public receiving facilities 126
200	200	and licensed housing providers to establish a network of 127
201	201	licensed housing resources for mental health consumers that will 128
202	202	prevent and reduce readmissions to public receiving facilities. 129
203	203	(v) Collaborate with county emergency o peration centers to 130
204	204	identify organizations that ensure access to and coordinate 131
205	205	delivery of behavioral health services to responders and 132
206	206	survivors and survivor's family members of a public emergency as 133
207	207	critical public health infrastructure. 134
208	208	(6) NETWORK ACCREDITATION AND SYSTEMS COORDINATION 135
209	209	AGREEMENTS.— 136
210	210	(b) If no accreditations are available or deemed 137
211	211	acceptable pursuant to paragraph (a) which address coordination 138
212	212	between the provider network and major systems and programs with 139
213	213	which the provider networ k interacts, each managing entity shall 140
214	214	enter into memoranda of understanding which details mechanisms 141
215	215	for communication and coordination. The managing entity shall 142
216	216	enter into such memoranda with any community -based care lead 143
217	217	agencies, circuit courts, coun ty courts, sheriffs' offices, 144
218	218	offices of the public defender, offices of criminal conflict and 145
219	219	civil regional counsel, Medicaid managed medical assistance 146
220	220	plans, and homeless coalitions in its service area. Each 147
221	221	managing entity under contract on July 1, 20 16, shall enter into 148
222	222	such memoranda by June 30, 2017, and each managing entity under 149
223	223	contract after July 1, 2016, shall enter into such memoranda 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	within 1 year after its contract execution date. 151
237	237	(8) ENHANCEMENT PLANS. —By June September 1 of each year, 152
238	238	beginning in 2017, each managing entity shall develop and submit 153
239	239	to the department a description of strategies for enhancing 154
240	240	services and addressing three to five priority needs in the 155
241	241	service area. The planning process sponsored by the managing 156
242	242	entity shall include consumers and their families, community -157
243	243	based care lead agencies, local governments, law enforcement 158
244	244	agencies, service providers, community partners and other 159
245	245	stakeholders. Each strategy must be described in detail and 160
246	246	accompanied by an implementa tion plan that specifies action 161
247	247	steps, identifies responsible parties, and delineates specific 162
248	248	services that would be purchased, projected costs, the projected 163
249	249	number of individuals that would be served, and the estimated 164
250	250	benefits of the services. The department shall consider 165
251	251	enhancement plans submitted by the managing entities in the 166
252	252	department's legislative budget request All or parts of these 167
253	253	enhancement plans may be included in the department's annual 168
254	254	budget requests submitted to the Legislature . 169
255	255	(10) ACUTE CARE SERVICES UTILIZATION DATABASE. —The 170
256	256	department shall develop, implement, and maintain standards 171
257	257	under which a managing entity shall collect utilization data 172
258	258	from all contracted public receiving facilities situated within 173
259	259	its geographical service area and all detoxification and 174
260	260	addictions receiving facilities under contract with the managing 175
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	entity. As used in this subsection, the term "public receiving 176
274	274	facility" means an entity that meets the licensure requirements 177
275	275	of, and is designated by, the department to operate as a public 178
276	276	receiving facility under s. 394.875 and that is operating as a 179
277	277	licensed crisis stabilization unit. 180
278	278	(a) The department shall develop standards and protoc ols 181
279	279	to be used for data collection, storage, transmittal, and 182
280	280	analysis. The standards and protocols shall allow for 183
281	281	compatibility of data and data transmittal between public 184
282	282	receiving facilities, detoxification facilities, addictions 185
283	283	receiving facilities, managing entities, and the department for 186
284	284	the implementation, and to meet the requirements, of this 187
285	285	subsection. 188
286	286	(b) A managing entity shall require providers specified in 189
287	287	paragraph (a) to submit data, in real time or at least daily, to 190
288	288	the managing entity for: 191
289	289	1. All admissions and discharges of clients receiving 192
290	290	public receiving facility services who qualify as indigent, as 193
291	291	defined in s. 394.4787. 194
292	292	2. All admissions and discharges of clients receiving 195
293	293	substance abuse services in an addictions receivin g facility or 196
294	294	detoxification facility pursuant to parts IV and V of chapter 197
295	295	397 who qualify as indigent. 198
296	296	3. The current active census of total licensed beds, the 199
297	297	number of beds purchased by the department, the number of 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	clients qualifying as indigent occ upying those beds, and the 201
311	311	total number of unoccupied licensed beds, regardless of funding. 202
312	312	(c) A managing entity shall require providers specified in 203
313	313	paragraph (a) to submit data, on a monthly basis, to the 204
314	314	managing entity which aggregates the daily dat a submitted under 205
315	315	paragraph (b). The managing entity shall reconcile the data in 206
316	316	the monthly submission to the data received by the managing 207
317	317	entity under paragraph (b) to check for consistency. If the 208
318	318	monthly aggregate data submitted by a provider under th is 209
319	319	paragraph are inconsistent with the daily data submitted under 210
320	320	paragraph (b), the managing entity shall consult with the 211
321	321	provider to make corrections necessary to ensure accurate data. 212
322	322	(d) A managing entity shall require providers specified in 213
323	323	paragraph (a) within its provider network to submit data, on an 214
324	324	annual basis, to the managing entity which aggregates the data 215
325	325	submitted and reconciled under paragraph (c). The managing 216
326	326	entity shall reconcile the data in the annual submission to the 217
327	327	data received and reconciled by the managing entity under 218
328	328	paragraph (c) to check for consistency. If the annual aggregate 219
329	329	data submitted by a provider under this paragraph are 220
330	330	inconsistent with the data received and reconciled under 221
331	331	paragraph (c), the managing entity s hall consult with the 222
332	332	provider to make corrections necessary to ensure accurate data. 223
333	333	(e) After ensuring the accuracy of data pursuant to 224
334	334	paragraphs (c) and (d), the managing entity shall submit the 225
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347	347	data to the department on a monthly and an annual basis . The 226
348	348	department shall create a statewide database for the data 227
349	349	described under paragraph (b) and submitted under this paragraph 228
350	350	for the purpose of analyzing the use of publicly funded crisis 229
351	351	stabilization services and detoxification and addictions 230
352	352	receiving services provided on a statewide and an individual 231
353	353	provider basis. 232
354	354	(f) The department shall post on its website, by facility, 233
355	355	the data collected pursuant to this subsection and update such 234
356	356	posting monthly. 235
357	357	Section 7. Subsection (3) of section 394. 4574, Florida 236
358	358	Statutes, is amended to read: 237
359	359	394.4574 Responsibilities for coordination of services for 238
360	360	a mental health resident who resides in an assisted living 239
361	361	facility that holds a limited mental health license. — 240
362	362	(3) The Secretary of Children and Fa milies, in 241
363	363	consultation with the Agency for Health Care Administration, 242
364	364	shall require each district administrator to develop, with 243
365	365	community input, a detailed annual plan that demonstrates how 244
366	366	the district will ensure the provision of state -funded mental 245
367	367	health and substance abuse treatment services to residents of 246
368	368	assisted living facilities that hold a limited mental health 247
369	369	license. This plan must be consistent with the substance abuse 248
370	370	and mental health district plan developed pursuant to s. 394.75 249
371	371	and must address case management services; access to consumer -250
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384	384	operated drop-in centers; access to services during evenings, 251
385	385	weekends, and holidays; supervision of the clinical needs of the 252
386	386	residents; and access to emergency psychiatric care. 253
387	387	Section 8. Subsection (3) of section 394.493, Florida 254
388	388	Statutes, is amended to read: 255
389	389	394.493 Target populations for child and adolescent mental 256
390	390	health services funded through the department. — 257
391	391	(3) Each child or adolescent who meets the target 258
392	392	population criteria of this section shall be served to the 259
393	393	extent possible within available resources and consistent with 260
394	394	the portion of the district substance abuse and mental health 261
395	395	plan specified in s. 394.75 which pertains to child and 262
396	396	adolescent mental health services . 263
397	397	Section 9. Subsection (5) of section 394.674, Florida 264
398	398	Statutes, is amended to read: 265
399	399	394.674 Eligibility for publicly funded substance abuse 266
400	400	and mental health services; fee collection requirements. — 267
401	401	(5) A person who meets the eligibility criteria in 268
402	402	subsection (1) shall be served in accordance with the 269
403	403	appropriate district substance abuse and mental health services 270
404	404	plan specified in s. 394.75 and within available resources. 271
405	405	Section 10. For the purpose of incorporating the 272
406	406	amendments made by this act to section 394.9082, Florida 273
407	407	Statutes, in a reference thereto, paragraph (a) of subsection 274
408	408	(3) of section 394.9086, Florida Statutes, is reenacted to read: 275
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	394.9086 Commission on Mental Health and Substance Abuse. — 276
422	422	(3) MEMBERSHIP; TERM LIMITS; MEETING S.— 277
423	423	(a) The commission shall be composed of 19 members as 278
424	424	follows: 279
425	425	1. A member of the Senate, appointed by the President of 280
426	426	the Senate. 281
427	427	2. A member of the House of Representatives, appointed by 282
428	428	the Speaker of the House of Representatives. 283
429	429	3. The Secretary of Children and Families or his or her 284
430	430	designee. 285
431	431	4. The Secretary of the Agency for Health Care 286
432	432	Administration or his or her designee. 287
433	433	5. A person living with a mental health disorder, 288
434	434	appointed by the President of the Senate. 289
435	435	6. A family member of a consumer of publicly funded mental 290
436	436	health services, appointed by the President of the Senate. 291
437	437	7. A representative of the Louis de la Parte Florida 292
438	438	Mental Health Institute within the University of South Florida, 293
439	439	appointed by the President of the Senate. 294
440	440	8. A representative of a county school district, appointed 295
441	441	by the President of the Senate. 296
442	442	9. A representative of mental health courts, appointed by 297
443	443	the Governor. 298
444	444	10. A representative of a treatment facility, as defined 299
445	445	in s. 394.455, appoint ed by the Speaker of the House of 300
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458	458	Representatives. 301
459	459	11. A representative of a managing entity, as defined in 302
460	460	s. 394.9082(2), appointed by the Speaker of the House of 303
461	461	Representatives. 304
462	462	12. A representative of a community substance abuse 305
463	463	provider, appointed by the Speaker of the House of 306
464	464	Representatives. 307
465	465	13. A psychiatrist licensed under chapter 458 or chapter 308
466	466	459 practicing within the mental health delivery system, 309
467	467	appointed by the Speaker of the House of Representatives. 310
468	468	14. A psychologist licensed un der chapter 490 practicing 311
469	469	within the mental health delivery system, appointed by the 312
470	470	Governor. 313
471	471	15. A mental health professional licensed under chapter 314
472	472	491, appointed by the Governor. 315
473	473	16. An emergency room physician, appointed by the 316
474	474	Governor. 317
475	475	17. A representative from the field of law enforcement, 318
476	476	appointed by the Governor. 319
477	477	18. A representative from the criminal justice system, 320
478	478	appointed by the Governor. 321
479	479	19. A representative of a child welfare agency involved in 322
480	480	the delivery of behavioral health services, appointed by the 323
481	481	Governor. 324
482	482	Section 11. For the purpose of incorporating the 325
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495	495	amendments made by this act to section 394.9082, Florida 326
496	496	Statutes, in a reference thereto, subsection (6) of section 327
497	497	394.9087, Florida Statutes, is reenacted to read: 328
498	498	394.9087 Florida Veterans' Care Coordination Program. — 329
499	499	(6) Florida 211 Network participants in the Florida 330
500	500	Veterans' Care Coordination Program shall maintain a database of 331
501	501	veteran-specific services available in the communities served by 332
502	502	the programs. The Department of Veterans' Affairs and its 333
503	503	selected contractor shall work with managing entities as defined 334
504	504	in s. 394.9082(2) to educate service providers about the Florida 335
505	505	Veterans Support Line and the Florida Veterans' Care 336
506	506	Coordination Program. 337
507	507	Section 12. This act shall take effect July 1, 2023. 338