Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 2626
754294
Senate
Comm: RCS
4/1/2008
.
.
.
.
.
House
1
The Committee on Children, Families, and Elder Affairs (Storms)
2
recommended the following amendment:
3
4
Senate Amendment (with title amendment)
5
6
Delete everything after the enacting clause
7
and insert:
8
Section 1. Section 394.9082, Florida Statutes, is amended
9
to read:
10
(Substantial rewording of section. See
11
s. 394.9082, F.S., for present text.)
12
394.9082 Behavioral health managing entities.--
13
(1) LEGISLATIVE FINDINGS AND INTENT.--The Legislature finds
14
that untreated behavioral health disorders constitute major
15
health problems for residents of this state, are a major economic
16
burden to the citizens of this state, and substantially increase
17
demands on the state's juvenile and adult criminal justice
18
systems, the child welfare system, and health care systems. The
19
Legislature finds that behavioral health disorders respond to
20
appropriate treatment, rehabilitation, and supportive
21
intervention. The Legislature finds that it has made a
22
substantial long-term investment in the funding of the community-
23
based behavioral health prevention and treatment service systems
24
and facilities in order to provide critical emergency, acute
25
care, residential, outpatient, and rehabilitative and recovery-
26
based services. The Legislature finds that local communities have
27
also made substantial investments in behavioral health services,
28
contracting with safety net providers who by mandate and mission
29
provide specialized services to vulnerable and hard-to-serve
30
populations and have strong ties to local public health and
31
public safety agencies. The Legislature finds that a management
32
structure that places the responsibility for publicly financed
33
behavioral health treatment and prevention services within a
34
single private, nonprofit entity at the local level will promote
35
improved access to care, promote service continuity, and provide
36
for more efficient and effective delivery of substance abuse and
37
mental health services. The Legislature finds that the
38
transformation of existing data systems into effective
39
decisionmaking models is required in order to provide timely and
40
accurate information that is needed at the federal, state, and
41
local levels to support the integrated system of community-based
42
care. The Legislature finds that streamlining administrative
43
processes will create cost efficiencies and provide flexibility
44
to better match available services to consumers' identified
45
needs.
46
(2) DEFINITIONS.--As used in this section, the term:
47
(a) "Behavioral health services" means mental health
48
services and substance abuse prevention and treatment services as
49
defined in this chapter and chapter 397 which are provided using
50
state and federal funds.
51
(b) "Decisionmaking model" means a comprehensive management
52
information system needed to answer the following management
53
questions at the federal, state, region, circuit, and local
54
provider levels: who receives what services from which providers
55
with what outcomes and at what costs?
56
(c) "Geographic area" means a county, circuit, regional, or
57
multiregional area in this state.
58
(d) "Managing entity" means a corporation that is organized
59
in this state, is designated or filed as a nonprofit organization
60
under s. 501(c)3) of the Internal Revenue Service, and is under
61
contract to the department to manage the day-to-day operational
62
delivery of behavioral health services through an organized
63
system of care.
64
(e) "Provider networks" mean the direct service agencies
65
that are under contract with a managing entity and that together
66
constitute a comprehensive array of emergency, acute care,
67
residential, outpatient, recovery support, and consumer support
68
services.
69
(3) SERVICE DELIVERY STRATEGIES.--The department may work
70
through managing entities to develop service delivery strategies
71
that will improve the coordination, integration, and management
72
of the delivery of behavioral health services to people who have
73
mental or substance use disorders. It is the intent of the
74
Legislature that a well-managed service delivery system will
75
increase access for those in need of care, improve the
76
coordination and continuity of care for vulnerable and high-risk
77
populations, and redirect service dollars from restrictive care
78
settings to community-based recovery services.
79
(4) DATA INTEGRATION.--For the purpose of data integration
80
and cost-effectiveness, the department shall enter into data
81
sharing agreements with other state agencies in order to develop
82
a person-centered reporting system having uniform definitions and
83
reporting categories to determine behavioral health care services
84
provided, as well as the outcomes and costs of these services.
85
(5) CONTRACT FOR SERVICES.--
86
(a) The department may contract for the purchase and
87
management of behavioral health services with community-based
88
managing entities. The department may require a managing entity
89
to contract for specialized services that are not currently part
90
of the managing entity's network if the department determines
91
that it is in the best interests of consumers of services. The
92
Legislature may require that managing entities contract with
93
specific types of providers in order to carry out special
94
projects. The secretary shall determine the schedule for phasing
95
in contracts with managing entities. The managing entities shall
96
be accountable at a minimum for the operational oversight of the
97
delivery of behavioral health services funded by the department
98
and for the collection and submission of the required data
99
pertaining to these contracted services. A managing entity shall
100
serve a geographic area designated by the department. The
101
geographic area must be of sufficient size in population and have
102
enough public funds for behavioral health services to allow for
103
flexibility and maximum efficiency.
104
(b) The operating costs of the managing entity contract
105
shall be funded through funds from the department and any savings
106
and efficiencies achieved through the implementation of managing
107
entities when realized by their participating provider network
108
agencies. The department recognizes that managing entities will
109
have infrastructure development costs during start-up, so that
110
any efficiencies to be realized by providers from consolidation
111
of management functions, and the resulting savings, will not be
112
achieved during the early years of operation. The department
113
shall negotiate with the managing entity a reasonable and
114
appropriate administrative cost rate. The Legislature intends
115
that reduced local and state contract management and other
116
administrative duties passed on to the managing entity allows
117
funds previously allocated for these purposes to be
118
proportionately reduced and the savings used to purchase the
119
administrative functions of the managing entity. Policies and
120
procedures of the department for monitoring contracts with
121
managing entities shall include provisions for eliminating
122
duplication of the department's and the managing entities'
123
contract management and other administrative activities in order
124
to achieve the goals of cost-effectiveness and regulatory relief.
125
To the maximum extent possible, provider-monitoring activities
126
shall be assigned to the managing entity.
127
(c) Contracting and payment mechanisms for services must
128
promote clinical and financial flexibility and responsiveness
129
and must allow different categorical funds to be integrated at
130
the point of service. The contracted service array must be
131
determined by using public input, needs assessment, and evidence-
132
based and promising best-practice models. The department may
133
employ care-management methodologies, prepaid capitation, and
134
case rate or other methods of payment which promote flexibility,
135
efficiency, and accountability.
136
(6) GOALS.--The goal of the service delivery strategies is
137
to provide a design for an effective coordination, integration,
138
and management approach for delivering effective behavioral
139
health services to persons who are experiencing a mental health
140
or substance abuse crisis, who have a disabling mental illness or
141
a substance use or co-occurring disorder and will require
142
extended services in order to recover from their illness, or who
143
need brief treatment or longer-term supportive interventions to
144
avoid a crisis or disability. Other goals include:
145
(a) Improving accountability for a local system of
146
behavioral health care services to meet performance outcomes and
147
standards through the use of reliable and timely data.
148
(b) Enhancing the continuity of care for all children,
149
adolescents, and adults who enter the publicly funded behavioral
150
health service system.
151
(c) Preserving the "safety net" of publicly funded
152
behavioral health services and providers, and recognizing and
153
ensuring continued local contributions to these services, by
154
establishing locally designed and community-monitored systems of
155
care.
156
(d) Providing early diagnosis and treatment interventions
157
to enhance recovery and prevent hospitalization.
158
(e) Improving the assessment of local needs for behavioral
159
health services.
160
(f) Improving the overall quality of behavioral health
161
services through the use of evidence-based, best-practice, and
162
promising-practice models.
163
(g) Demonstrating improved service integration between
164
behavioral health programs and other programs, such as vocational
165
rehabilitation, education, child welfare, primary health care,
166
emergency services, juvenile justice, and criminal justice.
167
(h) Providing for additional testing of creative and
168
flexible strategies for financing behavioral health services to
169
enhance individualized treatment and support services.
170
(i) Promoting cost-effective quality care.
171
(j) Working with the state to coordinate the admissions and
172
discharges from state civil and forensic hospitals and
173
coordinating admissions and discharges from residential treatment
174
centers.
175
(k) Improving the integration, accessibility, and
176
dissemination of behavioral health data for planning and
177
monitoring purposes.
178
(l) Promoting specialized behavioral health services to
179
residents of assisted living facilities.
180
(m) Working with the state and other stakeholders to reduce
181
the admissions and the length of stay for dependent children in
182
residential treatment centers.
183
(n) Providing services to abused and neglected children and
184
their families as indicated in court-ordered case plans.
185
(o) Providing services to adults and children with co-
186
occurring disorders of mental illnesses and substance abuse
187
problems.
188
(p) Providing services to elder adults in crisis or at-risk
189
for placement in a more restrictive setting due to a serious
190
mental illness or substance abuse.
191
(7) ESSENTIAL ELEMENTS.--It is the intent of the
192
Legislature that the department may plan for and enter into
193
contracts with managing entities to manage care in geographical
194
areas throughout the state. Managing entities shall own and
195
operate information systems that have the capacities to provide,
196
at a minimum, information required for federal and state
197
reporting, monitoring care, assessing local needs, and measuring
198
outcomes.
199
(a) The managing entity must demonstrate the ability of its
200
network of providers to comply with the pertinent provisions of
201
this chapter and chapter 397 and to ensure the provision of
202
comprehensive behavioral health services. The network of
203
providers must include, but need not be limited to, community
204
mental health agencies, substance abuse treatment providers, and
205
best-practice consumer services providers.
206
(b) The department shall terminate its mental health or
207
substance abuse provider contracts for services to be provided by
208
the managing entity at the same time it contracts with the
209
managing entity.
210
(c) The managing entity shall ensure that its provider
211
network is broadly conceived. All mental health or substance
212
abuse treatment providers currently under contract with the
213
department shall be offered a contract by the managing entity.
214
(d) The department may contract with managing entities to
215
provide the following core functions:
216
1. Financial accountability;
217
2. Allocation of funds to network providers in a manner
218
that reflects the department's strategic direction and plans;
219
3. Provider monitoring to ensure compliance with federal
220
and state laws, rules, and regulations;
221
4. Data collection, reporting, and analysis;
222
5. Operational plans to implement objectives of the
223
department's strategic plan;
224
6. Contract compliance;
225
7. Performance management;
226
8. Collaboration with community stakeholders, including
227
local government;
228
9. System of care through network development;
229
10. Consumer care coordination;
230
11. Continuous quality improvement;
231
12. Timely access to appropriate services;
232
13. Cost-effectiveness and system improvements;
233
14. Assistance in the development of the department's
234
strategic plan;
235
15. Participation in community, circuit, regional, and state
236
planning;
237
16. Resource management and maximization, including pursuit
238
of third-party payments and grant applications;
239
17. Incentives for providers to improve quality and access;
240
18. Liaison with consumers;
241
19. Community needs assessment; and
242
20. Securing local matching funds.
243
(e) The managing entity shall ensure that written
244
cooperative agreements are developed and implemented among the
245
criminal and juvenile justice systems, the local community-based
246
care network, and the local behavioral health providers in the
247
geographic area which define strategies and alternatives for
248
diverting people who have mental illness and substance abuse
249
problems from the criminal justice system to the community. These
250
agreements must also address the provision of appropriate
251
services to persons who have behavioral health problems and leave
252
the criminal justice system.
253
(f) Managing entities must collect and submit data to the
254
department regarding persons served, outcomes of persons served,
255
and the costs of services provided through the department's
256
contract. The department shall evaluate managing entity services
257
based on consumer-centered outcome measures that reflect national
258
standards that can dependably be measured. The department shall
259
work with managing entities to establish performance standards
260
related to:
261
1. The extent to which individuals in the community receive
262
services.
263
2. The improvement of quality of care for individuals
264
served.
265
3. The success of strategies to divert jail, prison, and
266
forensic facility admissions.
267
4. Consumer and family satisfaction.
268
5. The satisfaction of key community constituents such as
269
law enforcement agencies, juvenile justice agencies, the courts,
270
the schools, local government entities, hospitals, and others as
271
appropriate for the geographical area of the managing entity.
272
(g) The Agency for Health Care Administration may establish
273
a certified match program, which must be voluntary. Under a
274
certified match program, reimbursement is limited to the federal
275
Medicaid share to Medicaid-enrolled strategy participants. The
276
agency shall take no action to implement a certified match
277
program without ensuring that the consultation provisions of
278
chapter 216 have been met. The agency may seek federal waivers
279
that are necessary to implement the behavioral health service
280
delivery strategies.
281
(8) MANAGING ENTITY REQUIREMENTS.--The department may adopt
282
rules and standards and a process for the qualification and
283
operation of managing entities which shall be based, in part, on
284
the following criteria:
285
(a) Managing entities must be corporations organized in
286
this state and designated or filed as nonprofit organizations
287
under s. 501(c)(3) of the Internal Revenue Code.
288
(b) A managing entity's governance structure shall be
289
representative and shall, at a minimum, include consumers and
290
family members, appropriate community stakeholders and
291
organizations, and providers of substance abuse and mental health
292
services as defined in this chapter and chapter 397.
293
(c) A managing entity that was originally formed primarily
294
by substance abuse or mental health providers must present and
295
demonstrate a detailed, consensus approach to expanding its
296
provider network and governance to include both substance abuse
297
and mental health providers.
298
(d) A managing entity must submit a network management plan
299
and budget in such form and manner as the department determines.
300
The plan must detail the means for implementing the duties to be
301
contracted to the managing entity and the efficiencies to be
302
anticipated by the department as a result of executing the
303
contract. The department may require modifications to the plan
304
and must approve the plan before contracting with a managing
305
entity. The department may contract with a managing entity that
306
demonstrates readiness to assume core functions, and may continue
307
to add functions and responsibilities to the managing entity's
308
contract over time as additional competencies are developed as
309
identified in paragraph (g). Notwithstanding other provisions of
310
this section, the department may continue and expand managing
311
entity contracts if the department determines that the managing
312
entity meets the requirements specified in this section.
313
(e) Managing entities shall operate in a transparent
314
manner, providing public access to information, notice of
315
meetings, and opportunities for broad public participation in
316
decisionmaking. The managing entity's network management plan
317
must detail policies and procedures that will ensure
318
transparency.
319
(f) Before contracting with a managing entity, the
320
department must perform an on-site readiness review of a managing
321
entity to determine its operational capacity to satisfactorily
322
perform the duties to be contracted.
323
(g) The department shall engage community stakeholders,
324
including providers and managing entities under contract with the
325
department, in the development of objective standards to measure
326
the competencies of managing entities, their readiness to assume
327
the responsibilities described in this section, and the outcomes
328
to hold them accountable.
329
(h) Notwithstanding other provisions in law, the Department
330
of Financial Services and the Department of Management Services
331
shall provide the department with the flexibility needed to
332
implement this section.
333
(9) DEPARTMENT RESPONSIBILITIES.--With the introduction of
334
managing entities to monitor department-contracted providers'
335
day-to-day operations, the department and its regional and
336
circuit offices will have increased ability to focus on broad
337
systemic substance abuse and mental health issues. After the
338
department enters into a managing entity contract in a geographic
339
area, the regional and circuit offices of the department in that
340
area shall direct their efforts primarily to monitoring the
341
managing entity contract, including negotiation of system quality
342
improvement goals each contract year and review of the managing
343
entity plans to execute department strategic plans; carrying out
344
statutorily mandated licensure functions; conducting community
345
and regional substance abuse and mental health planning;
346
communicating to the department the local needs assessed by the
347
managing entity; preparing department strategic plans;
348
coordinating with other state and local agencies; assisting the
349
department to assess local trends and issues and advising
350
departmental headquarters on local priorities; and providing
351
leadership in disaster planning and preparation.
352
(10) MANAGEMENT INFORMATION SYSTEM REQUIREMENTS.--
353
(a) The department, in collaboration with the managing
354
entities, shall design and implement a comprehensive behavioral
355
health management information system.
356
(b) Each managing entity shall develop and maintain a data
357
system that includes data from agencies under contract with the
358
managing entity. At a minimum, the managing entity's data system
359
shall provide information needed by the managing entity to
360
address the management and clinical care needs of the local
361
provider networks and information needed by the department to
362
meet state and federal data-reporting requirements, planning
363
requirements, and its system-of-care needs and evaluation.
364
(c) The department shall collaborate with managing entities
365
to develop business requirements that managing entities will use
366
to extract data required at the state and federal levels from
367
their local database systems and to submit these data
368
electronically into the department's central data system. The
369
Legislature recognizes that the department is not in the business
370
of application software development and maintenance and is not
371
adequately staffed to do so. The initial development and ongoing
372
maintenance and operation of the department's central data system
373
shall be outsourced through contract with an established third-
374
party information technology vendor to increase system access to
375
users and provide timely and accurate information to stakeholders
376
at all levels of management.
377
(d) The department shall use the central data system to
378
make nonconfidential data accessible to stakeholders for
379
planning, monitoring, evaluation, and research purposes.
380
(11) REPORTING.--Reports of the department's activities,
381
progress, and needs in achieving the goal of contracting with
382
managing entities in each circuit and region statewide must be
383
submitted to the appropriate substantive and appropriations
384
committees in the Senate and the House of Representatives on
385
January 1 and July 1 of each year until the full transition to
386
managing entities has been accomplished statewide. A section of
387
each report shall address accomplishments and barriers to
388
implementation of the Management Information System described in
389
this section as necessary to support decisionmaking, including
390
the department's actions and to assist managing entities
391
statewide to achieve the desired interoperability of their
392
information systems.
393
(12) RULES.--The department shall adopt rules to administer
394
this section and, as necessary, to further specify requirements
395
of managing entities.
396
Section 2. This act shall take effect July 1, 2008.
397
398
================ T I T L E A M E N D M E N T ================
399
And the title is amended as follows:
400
401
Delete everything before the enacting clause
402
and insert:
403
A bill to be entitled
404
An act relating to mental health and substance abuse
405
services; amending s. 394.9082, F.S.; providing
406
legislative findings and intent; establishing goals;
407
specifying roles and responsibilities of the Department of
408
Children and Family Services; creating community-based
409
systems of care; authorizing the implementation of
410
managing entities by the Department of Children and Family
411
Services; establishing a process for contracting with
412
managing entities; specifying qualifying criteria for
413
managing entities; specifying responsibilities of managing
414
entities; specifying requirements for management
415
information systems; providing for evaluations and
416
reports; providing for a monitoring process; providing an
417
effective date.
3/31/2008 12:05:00 PM 10-06104B-08
CODING: Words stricken are deletions; words underlined are additions.