Florida Senate - 2023 CS for SB 1016 By the Committee on Children, Families, and Elder Affairs; and Senator Rouson 586-03543-23 20231016c1 1 A bill to be entitled 2 An act relating to mental health and substance abuse; 3 amending s. 394.494, F.S.; revising a requirement for 4 the Department of Children and Families relating to 5 certain performance outcomes and measures; amending s. 6 394.4955, F.S.; requiring managing entities to lead 7 the implementation of a coordinated system of care; 8 amending s. 394.9082, F.S.; revising the duties of the 9 department; revising department requirements for, and 10 authorizations relating to, contracting with managing 11 entities; requiring the department to review 12 assessments, in consultation with the managing 13 entities, for inclusion in the departments 14 legislative budget request; revising managing entity 15 duties; revising the timeframe for annually submitting 16 enhancement plans; revising requirements relating to 17 the acute care services utilization database; 18 providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1.Subsection (2) of section 394.494, Florida 23 Statutes, is amended to read: 24 394.494General performance outcomes for the child and 25 adolescent mental health treatment and support system. 26 (2)Annually, pursuant to former s. 216.0166, the 27 department shall develop more specific performance outcomes and 28 performance measures to assess the performance of the child and 29 adolescent mental health treatment and support system in 30 achieving the intent of this section. 31 Section 2.Subsection (1) of section 394.4955, Florida 32 Statutes, is amended to read: 33 394.4955Coordinated system of care; child and adolescent 34 mental health treatment and support. 35 (1)Pursuant to s. 394.9082(5)(d), each managing entity 36 shall lead the development and implementation of a plan that 37 promotes the development and effective implementation of a 38 coordinated system of care which integrates services provided 39 through providers funded by the states child-serving systems 40 and facilitates access by children and adolescents, as resources 41 permit, to needed mental health treatment and services at any 42 point of entry regardless of the time of year, intensity, or 43 complexity of the need, and other systems with which such 44 children and adolescents are involved, as well as treatment and 45 services available through other systems for which they would 46 qualify. 47 Section 3.Paragraphs (b) and (j) of subsection (4), 48 paragraph (b) of subsection (5), paragraph (b) of subsection 49 (6), and subsections (8) and (10) of section 394.9082, Florida 50 Statutes, are amended, and paragraph (n) is added to subsection 51 (3) and paragraph (v) is added to subsection (5) of that 52 section, to read: 53 394.9082Behavioral health managing entities. 54 (3)DEPARTMENT DUTIES.The department shall: 55 (n)Complete an analysis of the use of funding designations 56 and contract deliverables with the managing entities every 3 57 years. 58 (4)CONTRACT WITH MANAGING ENTITIES. 59 (b)The department shall issue an invitation to negotiate 60 under s. 287.057 to select an organization to serve as a 61 managing entity. If the department receives fewer than two 62 responsive bids to the solicitation, the department may shall 63 reissue the solicitation and managed behavioral health 64 organizations shall be eligible to bid and be awarded a 65 contract. 66 (j)By June 30, 2019, If all other contract requirements 67 and performance standards are met and the department determines 68 that a managing entity under contract as of July 1, 2016, has 69 received network accreditation pursuant to subsection (6), the 70 department may continue its contract with the managing entity 71 for up to, but not exceeding, 5 years, including any and all 72 renewals and extensions. Thereafter, the department must issue a 73 competitive solicitation pursuant to paragraph (b). 74 (5)MANAGING ENTITY DUTIES.A managing entity shall: 75 (b)Conduct a community behavioral health care needs 76 assessment every 3 years in the geographic area served by the 77 managing entity which identifies needs by subregion. The process 78 for conducting the needs assessment shall include an opportunity 79 for public participation. The assessment shall include, at a 80 minimum, the information the department needs for its annual 81 report to the Governor and Legislature pursuant to s. 394.4573. 82 The assessment shall also include a list and descriptions of any 83 gaps in the arrays of services for children or adolescents 84 identified pursuant to s. 394.4955 and recommendations for 85 addressing such gaps. The managing entity shall provide the 86 needs assessment to the department. The department, in 87 consultation with the managing entities, shall review such 88 assessments for inclusion in the departments legislative budget 89 request. 90 (v)Collaborate with county emergency operation centers to 91 identify contracted provider organizations that are deemed 92 essential for critical public health infrastructure. 93 (6)NETWORK ACCREDITATION AND SYSTEMS COORDINATION 94 AGREEMENTS. 95 (b)If no accreditations are available or deemed acceptable 96 pursuant to paragraph (a) which address coordination between the 97 provider network and major systems and programs with which the 98 provider network interacts, each managing entity shall enter 99 into memoranda of understanding which details mechanisms for 100 communication and coordination. The managing entity shall enter 101 into such memoranda with any community-based care lead agencies, 102 circuit courts, county courts, sheriffs offices, offices of the 103 public defender, offices of criminal conflict and civil regional 104 counsel, Medicaid managed medical assistance plans, and homeless 105 coalitions in its service area. Each managing entity under 106 contract on July 1, 2016, shall enter into such memoranda by 107 June 30, 2017, and Each managing entity under contract after 108 July 1, 2016, shall enter into such memoranda within 1 year 109 after its contract execution date. 110 (8)ENHANCEMENT PLANS.By June September 1 of each year, 111 beginning in 2017, each managing entity shall develop and submit 112 to the department a description of strategies for enhancing 113 services and addressing three to five priority needs in the 114 service area. The planning process sponsored by the managing 115 entity shall include consumers and their families, community 116 based care lead agencies, local governments, law enforcement 117 agencies, service providers, community partners and other 118 stakeholders. Each strategy must be described in detail and 119 accompanied by an implementation plan that specifies action 120 steps, identifies responsible parties, and delineates specific 121 services that would be purchased, projected costs, the projected 122 number of individuals that would be served, and the estimated 123 benefits of the services. The department shall consider 124 enhancement plans submitted by the managing entities in the 125 departments legislative budget request All or parts of these 126 enhancement plans may be included in the departments annual 127 budget requests submitted to the Legislature. 128 (10)ACUTE CARE SERVICES UTILIZATION DATABASE.The 129 department shall develop, implement, and maintain standards 130 under which a managing entity shall collect utilization data 131 from all contracted public receiving facilities situated within 132 its geographical service area and all detoxification and 133 addictions receiving facilities under contract with the managing 134 entity. As used in this subsection, the term public receiving 135 facility means an entity that meets the licensure requirements 136 of, and is designated by, the department to operate as a public 137 receiving facility under s. 394.875 and that is operating as a 138 licensed crisis stabilization unit. 139 (a)The department shall develop standards and protocols to 140 be used for data collection, storage, transmittal, and analysis. 141 The standards and protocols shall allow for compatibility of 142 data and data transmittal between public receiving facilities, 143 detoxification facilities, addictions receiving facilities, 144 managing entities, and the department for the implementation, 145 and to meet the requirements, of this subsection. 146 (b)A managing entity shall require providers specified in 147 paragraph (a) to submit data, in real time or at least daily, to 148 the managing entity for: 149 1.All admissions and discharges of clients receiving 150 public receiving facility services who qualify as indigent, as 151 defined in s. 394.4787. 152 2.All admissions and discharges of clients receiving 153 substance abuse services in an addictions receiving facility or 154 detoxification facility pursuant to parts IV and V of chapter 155 397 who qualify as indigent. 156 3.The current active census of total licensed beds, the 157 number of beds purchased by the department, the number of 158 clients qualifying as indigent occupying those beds, and the 159 total number of unoccupied licensed beds, regardless of funding. 160 (c)A managing entity shall require providers specified in 161 paragraph (a) to submit data, on a monthly basis, to the 162 managing entity which aggregates the daily data submitted under 163 paragraph (b). The managing entity shall reconcile the data in 164 the monthly submission to the data received by the managing 165 entity under paragraph (b) to check for consistency. If the 166 monthly aggregate data submitted by a provider under this 167 paragraph are inconsistent with the daily data submitted under 168 paragraph (b), the managing entity shall consult with the 169 provider to make corrections necessary to ensure accurate data. 170 (d)A managing entity shall require providers specified in 171 paragraph (a) within its provider network to submit data, on an 172 annual basis, to the managing entity which aggregates the data 173 submitted and reconciled under paragraph (c). The managing 174 entity shall reconcile the data in the annual submission to the 175 data received and reconciled by the managing entity under 176 paragraph (c) to check for consistency. If the annual aggregate 177 data submitted by a provider under this paragraph are 178 inconsistent with the data received and reconciled under 179 paragraph (c), the managing entity shall consult with the 180 provider to make corrections necessary to ensure accurate data. 181 (e)After ensuring the accuracy of data pursuant to 182 paragraphs (c) and (d), the managing entity shall submit the 183 data to the department on a monthly and an annual basis. The 184 department shall create a statewide database for the data 185 described under paragraph (b) and submitted under this paragraph 186 for the purpose of analyzing the use of publicly funded crisis 187 stabilization services and detoxification and addictions 188 receiving services provided on a statewide and an individual 189 provider basis. 190 (f)The department shall post on its website, by facility, 191 the data collected pursuant to this subsection and update such 192 posting monthly. 193 Section 4.This act shall take effect July 1, 2023.