Florida 2024 2024 Regular Session

Florida House Bill H1617 Comm Sub / Bill

Filed 02/23/2024

                       
 
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A bill to be entitled 1 
An act relating to behavioral health teaching 2 
hospitals; creating part VI of ch. 395, F.S., entitled 3 
"Behavioral Health Teaching Hospitals"; creating s. 4 
395.901, F.S.; providing definitions; providing 5 
legislative findings and intent; creating s. 395.902, 6 
F.S.; specifying the manner in which licensed 7 
hospitals may seek designation as a behavioral health 8 
teaching hospital; specifying criteria that a hospital 9 
must meet to receive and maintain such designation; 10 
requiring the Agency for Health Care Administratio n to 11 
award a hospital certain funds upon designation, 12 
subject to appropriation; requiring a designated 13 
behavioral health teaching hospital to submit an 14 
annual report containing specified information; 15 
providing for terms and a renewal process for a 16 
hospital designation; authorizing the agency to deny, 17 
revoke, or suspend the designation; establishing a 18 
grant program for the purpose of funding designated 19 
behavioral health teaching hospitals; providing an 20 
administrative process to receive, evaluate, and rank 21 
applications that request grant funds; authorizing the 22 
agency to submit a budget amendment to the Legislature 23 
requesting the release of grant funds to make awards; 24 
providing a carry forward term of years for obligated 25     
 
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funds not disbursed in the same year in which the 26 
funds were appropriated; authorizing the agency to 27 
adopt rules; amending s. 1004.44, F.S.; establishing 28 
the Florida Center for Behavioral Health Workforce 29 
within the Louis de la Parte Florida Mental Health 30 
Institute within the University of South Florida for a 31 
specified purpose; specifying the goals and 32 
requirements for the center; authorizing the center to 33 
request, and requiring certain boards to provide, 34 
certain information regarding behavioral health 35 
professionals licensed or practicing in this state; 36 
requiring the center to submit an annual report to the 37 
Governor and the Legislature; requiring the Board of 38 
Governors and the State Board of Education to adopt 39 
any necessary regulations and rules in an expeditious 40 
manner; requiring the Department o f Children and 41 
Families to contract for a study of the current and 42 
projected future demand for inpatient treatment 43 
services, the state's current and projected future 44 
ability to meet that demand, and to make certain 45 
recommendations; specifying requirements for the 46 
study; providing effective dates. 47 
 48 
Be It Enacted by the Legislature of the State of Florida: 49 
 50     
 
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 Section 1.  Part VI of chapter 395, Florida Statutes, 51 
consisting of ss. 395.901 and 395.902, Florida Statutes, is 52 
created and entitled "Behavioral Health Teaching Hospitals." 53 
 Section 2.  Section 395.901, Florida Statutes, is created 54 
to read: 55 
 395.901  Definitions; findings and intent. — 56 
 (1)  DEFINITIONS.—As used in this part, the term: 57 
 (a)  "Agency" means the Agency for Health Care 58 
Administration. 59 
 (b)  "Behavioral health" means the prevention, treatment 60 
of, and recovery from any or all substance use disorders, mental 61 
health disorders, or co -occurring disorders. 62 
 (c)  "Behavioral health professions" means licensed or 63 
certified professionals servin g the needs of patients with 64 
behavioral health disorders, including, but not limited to, 65 
psychiatrists licensed under chapter 458 or chapter 459, 66 
psychologists licensed under chapter 490, psychiatric nurses 67 
licensed under chapter 464, and social workers, m arriage and 68 
family therapists, or mental health counselors licensed under 69 
chapter 491. 70 
 (d)  "Behavioral health teaching hospital" means a hospital 71 
licensed under this chapter and designated as a behavioral 72 
health teaching hospital by the agency under s. 3 95.902. 73 
 (e)  "Department" means the Department of Children and 74 
Families. 75     
 
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 (2)  LEGISLATIVE FINDINGS AND INTENT. — 76 
 (a)  The Legislature finds that there is a critical 77 
shortage of behavioral health professionals and recognizes the 78 
urgent need to expand the existing behavioral health workforce, 79 
prepare for an aging workforce, incentivize entry into 80 
behavioral health professions, and train a modernized workforce 81 
in innovative integrated care. 82 
 (b)  The Legislature finds there is a specific need to 83 
support a behavioral health education system that not only 84 
trains the next generation of professionals in innovative and 85 
integrated care for those with behavioral health needs, but also 86 
works to modernize the state's overall behavioral health system 87 
of care. 88 
 (c)  The Legislature intends to identify and designate 89 
multiple behavioral health teaching hospitals that work to 90 
provide the necessary research, education, and services to 91 
enhance the state's behavioral health workforce and make that 92 
workforce and system of care the national standard. 93 
 (d)  The Legislature intends to create the Florida Center 94 
for Behavioral Health Workforce within the Louis de la Parte 95 
Florida Mental Health Institute to address issues of workforce 96 
supply and demand in behavioral health professions , including 97 
issues of recruitment, retention, and workforce resources. 98 
 (e)  The Legislature intends for designated behavioral 99 
health teaching hospitals to: 100     
 
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 1.  Conduct state-of-the-art behavioral health research. 101 
 2.  Provide leading-edge education and t raining in 102 
innovative and integrated care for the state's behavioral health 103 
workforce. 104 
 3.  Collaborate with other university colleges and schools 105 
of medicine, nursing, psychology, social work, public health, 106 
and other relevant disciplines to promote and e nhance a 107 
modernized behavioral health system of care. 108 
 4.  Develop, implement, and promote public -private 109 
partnerships throughout this state to support and enhance the 110 
intent of this part. 111 
 5.  Partner with the state to provide behavioral health 112 
care, address regional and system -wide behavioral health needs, 113 
and support the state in providing treatment and care for those 114 
whose need and acuity has resulted in the need for long -term 115 
voluntary services or involuntary civil commitment. 116 
 Section 3.  Section 39 5.902, Florida Statutes, is created 117 
to read: 118 
 395.902  Behavioral health teaching hospitals. — 119 
 (1)  A licensed hospital may apply to the agency for 120 
designation as a behavioral health teaching hospital by 121 
submitting an application and documentation establis hing 122 
eligibility in a manner determined by the agency. 123 
 (2)  To be designated as a behavioral health teaching 124 
hospital, a hospital must: 125     
 
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 (a)  Operate as a teaching hospital as defined in s. 126 
408.07. 127 
 (b)  Offer a psychiatric residency program accredited 128 
through the Residency Review Committee of the Accreditation 129 
Council of Graduate Medical Education, and an accredited 130 
postdoctoral clinical psychology fellowship program. 131 
 (c)  Provide behavioral health services. 132 
 (d)  Affiliate with a university in this stat e to create 133 
and maintain integrated workforce development programs for 134 
students of the university's colleges or schools of medicine, 135 
nursing, psychology, social work, and public health related to 136 
the entire continuum of behavioral health care, including, a t a 137 
minimum, screening, therapeutic and supportive services, 138 
community outpatient care, crisis stabilization, short -term 139 
residential treatment, and long -term care. 140 
 (e)  Develop a plan to create and maintain integrated 141 
workforce development programs with t he affiliated university's 142 
colleges or schools and to supervise clinical care provided by 143 
students participating in such programs. 144 
 (3)  A designated behavioral health teaching hospital must: 145 
 (a)  Within 90 days after designation, develop and maintain 146 
a consultation agreement with the Florida Center for Behavioral 147 
Health Workforce within the Louis de la Parte Florida Mental 148 
Health Institute to establish best practices related to 149 
integrated workforce development programs for the behavioral 150     
 
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health professions. 151 
 (b)  Collaborate with the department and managing entities 152 
as defined in s. 394.9082(2) to identify gaps in the regional 153 
continuum of behavioral health care that are appropriate for the 154 
behavioral health teaching hospital to address, either 155 
independently or in collaboration with other organizations 156 
providing behavioral health services, and which will facilitate 157 
implementation of the plan developed under paragraph (2)(e). 158 
 (c)  Within 90 days after designation, enter into an 159 
agreement with the department to provide state treatment 160 
facility beds, when determined necessary by the department. 161 
 (d)  Provide data related to the hospital's integrated 162 
workforce development programs and the services provided by the 163 
hospital to the agency, the department, or the O ffice of 164 
Reimagining Education and Career Help, as determined by the 165 
agency, department, or the Office of Reimagining Education and 166 
Career Help. 167 
 (4)  Upon designating a behavioral health teaching hospital 168 
pursuant to this section, the agency shall, subjec t to 169 
legislative appropriation, award the hospital funds: 170 
 (a)  For up to 10 newly created resident positions through 171 
the Slots for Doctors Program established in s. 409.909. 172 
 (b)  Through the Training, Education, and Clinicals in 173 
Health (TEACH) Funding Pr ogram established in s. 409.91256 to 174 
offset the costs of maintaining integrated workforce development 175     
 
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programs. 176 
 (5)  A designated behavioral health teaching hospital must 177 
annually report to the agency and the department by December 1 178 
the current status of the designated behavioral health teaching 179 
hospital program, including, but not limited to, the: 180 
 (a)  Number of psychiatric residents. 181 
 (b)  Number of postdoctoral clinical psychology fellows. 182 
 (c)  Status and details of the consultation agreement with 183 
and Florida Center for Behavioral Health Workforce within the 184 
Louis de la Parte Florida Mental Health Institute. 185 
 (d)  Implementation status of the plan required by 186 
paragraph (2)(e). 187 
 (e)  Activities, agreements, and accomplishments of the 188 
collaboration required by paragraph (3)(b). 189 
 (f)  Number of facility beds and patients served under 190 
paragraph (3)(c). 191 
 (6)  A behavioral health teaching hospital designation is 192 
valid for 2 years. To renew the designation, a hospital must 193 
submit an application for renewa l to the agency on a form 194 
established by the agency at least 90 days before the expiration 195 
of the designation. The renewal process is subject to the time 196 
periods and tolling provisions of s. 120.60. The agency may 197 
deny, revoke, or suspend a designation at any time if a 198 
behavioral health teaching hospital is not in compliance with 199 
the requirements of this section. 200     
 
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 (7)  There is established within the agency a grant program 201 
for the purpose of funding designated behavioral health teaching 202 
hospitals, subject t o legislative appropriation. Grant funding 203 
may be used for operations and expenses and fixed capital 204 
outlay, including, but not limited to, facility renovation and 205 
upgrades. 206 
 (a)  Beginning October 1, 2024, and subject to the 207 
availability of funds, the age ncy shall hold an annual open 208 
application period to accept applications from designated 209 
behavioral health teaching hospitals on a form established by 210 
the agency. Applicants must include a detailed spending plan 211 
with the application. 212 
 (b)  The agency, in co nsultation with the department, shall 213 
evaluate and rank grant applications based on the quality of the 214 
plan submitted under paragraph (2)(e), or the quality of plan 215 
implementation, as applicable, related to achieving the purposes 216 
of the behavioral health t eaching hospital program and make 217 
recommendations for grant awards and distribution of available 218 
funding for such awards. The agency shall submit the evaluation 219 
and grant award recommendations to the President of the Senate 220 
and the Speaker of the House of Representatives within 90 days 221 
after the close of the open application period. 222 
 (c)  Notwithstanding ss. 216.181 and 216.292, the agency 223 
may submit budget amendments, subject to the notice, review, and 224 
objection procedures under s. 216.177, requesting the release of 225     
 
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the funds to make awards. The agency is authorized to submit 226 
budget amendments relating to capital improvement projects under 227 
the grant program only within 90 days after the close of the 228 
open application period. 229 
 (8)  Notwithstanding s. 216.301 and pursuant to s. 216.351, 230 
the balance of any appropriation from the General Revenue Fund 231 
for the program which is not disbursed but which is obligated 232 
pursuant to contract or committed to be expended by June 30 of 233 
the fiscal year in which the funds are a ppropriated may be 234 
carried forward for up to 5 years after the effective date of 235 
the original appropriation. 236 
 (9)  The agency may adopt rules necessary to implement this 237 
section. 238 
 Section 4.  Subsections (6) and (7) are added to section 239 
1004.44, Florida Statutes, to read: 240 
 1004.44  Louis de la Parte Florida Mental Health 241 
Institute.—There is established the Louis de la Parte Florida 242 
Mental Health Institute within the University of South Florida. 243 
 (6)(a)  There is established, within the institute, the 244 
Florida Center for Behavioral Health Workforce. The purpose of 245 
the center is to support an adequate, highly skilled, resilient, 246 
and innovative workforce that meets the current and future human 247 
resources needs of the state's behavioral health system in order 248 
to provide high-quality care, services, and supports to 249 
Floridians with, or at risk of developing, behavioral health 250     
 
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conditions through original research, policy analysis, 251 
evaluation, and development and dissemination of best practices. 252 
The goals of the cent er are, at a minimum, to research the 253 
state's current behavioral health workforce and future needs; 254 
expand the number of clinicians, professionals, and other 255 
workers involved in the behavioral health workforce; and enhance 256 
the skill level and innovativenes s of the workforce. The center 257 
shall, at a minimum: 258 
 1.  Describe and analyze the current workforce and project 259 
possible future workforce demand, especially in critical roles, 260 
and develop strategies for addressing any gaps. The center's 261 
efforts may include, but need not be limited to, producing a 262 
statistically valid biennial analysis of the supply and demand 263 
of the behavioral health workforce. 264 
 2.  Expand pathways to behavioral health professions 265 
through enhanced educational opportunities and improved facul ty 266 
development and retention. The center's efforts may include, but 267 
need not be limited to: 268 
 a.  Identifying best practices in the academic preparation 269 
and continuing education of behavioral health professionals. 270 
 b.  Facilitating and coordinating the deve lopment of 271 
academic-practice partnerships that support behavioral health 272 
faculty employment and advancement. 273 
 c.  Developing and implementing innovative projects to 274 
support the recruitment, development, and retention of 275     
 
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behavioral health educators, faculty , and clinical preceptors. 276 
 d.  Developing distance learning infrastructure for 277 
behavioral health education and the evidence -based use of 278 
technology, simulation, and distance learning techniques. 279 
 3.  Promote behavioral health professions. The center's 280 
efforts may include, but need not be limited to: 281 
 a.  Conducting original research on the factors affecting 282 
recruitment, retention, and advancement of the behavioral health 283 
workforce, such as designing and implementing a longitudinal 284 
study of the state's beha vioral health workforce. 285 
 b.  Developing and implementing innovative projects to 286 
support the recruitment, development, and retention of 287 
behavioral health workers. 288 
 (b)  The center may: 289 
 1.  Convene groups, including, but not limited to, 290 
behavioral health clinicians, professionals, and workers; 291 
employers of such individuals; other health care providers; 292 
individuals with behavioral health conditions and their 293 
families; business and industry leaders; policymakers; and 294 
educators to assist the center in its work . 295 
 2.  Request from any board as defined in s. 456.001, and 296 
the board must provide to the center upon its request, any 297 
information held by the board regarding a behavioral health 298 
professional licensed in this state or holding a multistate 299 
license pursuant to a professional multistate licensure compact 300     
 
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or information reported to the board by employers of such 301 
behavioral health professionals, other than personal identifying 302 
information. 303 
 (c)  By January 10 of each year, the center shall submit a 304 
report to the Governor, the President of the Senate, and the 305 
Speaker of the House of Representatives providing details of its 306 
activities during the preceding calendar year in pursuit of its 307 
goals and in the execution of its duties under paragraph (a). 308 
The report submitted in 2025, shall include an initial statewide 309 
strategic plan for meeting the goals in subsection (6), which 310 
shall be updated in each subsequent report. 311 
 (7)  The Board of Governors and the State Board of 312 
Education, in consultation with the center, shall expeditiously 313 
adopt any necessary regulations and rules, as applicable, to 314 
allow the center to perform its responsibilities under 315 
subsection (6) and this subsection beginning in the 2025 -2026 316 
fiscal year. 317 
 Section 5.  Effective upon this act becoming a l aw, the 318 
Department of Children and Families must contract for a study of 319 
the current and projected future demand for inpatient treatment 320 
services for adults and children with serious mental illness, 321 
the state's current and projected future ability to meet that 322 
demand, and recommendations for enhancing the availability of 323 
inpatient treatment services and for providing alternatives to 324 
such services. The study must consider the demand for both civil 325     
 
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and forensic inpatient placements. The study must be complete d 326 
by January 31, 2025, and at a minimum: 327 
 (1)  Describe, by state treatment facility, the current 328 
number and allocation of beds for inpatient treatment between 329 
forensic and civil placements, number of individuals admitted 330 
and discharged annually, types and frequency of diagnoses, and 331 
lengths of stay. 332 
 (2)  Describe, by department region, the current number and 333 
allocation of beds in receiving facilities for inpatient 334 
treatment between forensic and civil placements, number of 335 
individuals admitted and discharged annually, types and 336 
frequency of diagnoses, and lengths of stay. 337 
 (3)  Specify the current and projected future demand for 338 
civil and forensic inpatient placements at state treatment 339 
facilities and at receiving facilities, by region; any gaps in 340 
current and future availability of these services compared to 341 
current service availability; and the number of inpatient beds 342 
needed by facility type, region of state, and placement type to 343 
meet current and projected future demand. 344 
 (4)  Describe policy rec ommendations for ensuring 345 
sufficient bed capacity for longer -term involuntary treatment, 346 
either at the state treatment facilities or receiving 347 
facilities, and enhancing services that could prevent the need 348 
for involuntary inpatient placements. 349 
 Section 6.  Except as otherwise expressly provided in this 350     
 
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act, this act shall take effect July 1, 2024. 351