CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Lacasa offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Section 394.490, Florida Statutes, is

18  created to read:

19         394.490  Short title.--Sections 394.490-394.497 may be

20  cited as the "Comprehensive Child and Adolescent Mental Health

21  Services Act."

22         Section 2.  Section 394.491, Florida Statutes, is

23  created to read:

24         394.491  Guiding principles for the child and

25  adolescent mental health treatment and support system.--It is

26  the intent of the Legislature that the following principles

27  guide the development and implementation of the publicly

28  funded child and adolescent mental health treatment and

29  support system:

30         (1)  The system should be centered on the child,

31  adolescent, and family, with the needs and strengths of the

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  child or adolescent and his or her family dictating the types

 2  and mix of services provided.

 3         (2)  The families and surrogate families of children

 4  and adolescents, including, but not limited to, foster

 5  parents, should be active participants in all aspects of

 6  planning, selecting, and delivering mental health treatment

 7  services at the local level, as well as in developing

 8  statewide policies for child and adolescent mental health

 9  services.

10         (3)  The system of care should be community-based, with

11  accountability, the location of services, and the

12  responsibility for management and decisionmaking resting at

13  the local level.

14         (4)  The system should provide timely access to a

15  comprehensive array of cost-effective mental health treatment

16  and support services.

17         (5)  Children and adolescents who receive services

18  should receive individualized services, guided by an

19  individualized service plan, in accordance with the unique

20  needs and strengths of each child or adolescent and his or her

21  family.

22         (6)  Through an appropriate screening and assessment

23  process, treatment and support systems should identify, as

24  early as possible, children and adolescents who are in need of

25  mental health services and should target known risk factors.

26         (7)  Children and adolescents should receive services

27  within the least restrictive and most normal environment that

28  is clinically appropriate for the service needs of the child

29  or adolescent.

30         (8)  Mental health programs and services should support

31  and strengthen families so that the family can more adequately

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  meet the mental health needs of the family's child or

 2  adolescent.

 3         (9)  Children and adolescents should receive services

 4  that are integrated and linked with schools, residential

 5  child-caring agencies, and other child-related agencies and

 6  programs.

 7         (10)  Services must be delivered in a coordinated

 8  manner so that a child or adolescent can move through the

 9  system of services in accordance with the changing needs of

10  the child or adolescent.

11         (11)  The delivery of comprehensive child and

12  adolescent mental health services must enhance the likelihood

13  of positive outcomes and contribute to the child's or

14  adolescent's ability to function effectively at home, at

15  school, and in the community.

16         (12)  An older adolescent should be provided with the

17  necessary supports and skills in preparation for coping with

18  life as a young adult.

19         (13)  An adolescent should be assured a smooth

20  transition to the adult mental health system for continuing

21  age-appropriate treatment services.

22         (14)  Community-based networks must educate people to

23  recognize emotional disturbances in children and adolescents

24  and provide information for obtaining access to appropriate

25  treatment and support services.

26         (15)  Mental health services for children and

27  adolescents must be provided in a sensitive manner that is

28  responsive to cultural and gender differences and special

29  needs. Mental health services must be provided without regard

30  to race, religion, national origin, gender, physical

31  disability, or other characteristics.

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1         Section 3.  Section 394.492, Florida Statutes, is

 2  created to read:

 3         394.492  Definitions.--As used in ss. 394.490-394.497,

 4  the term:

 5         (1)  "Adolescent" means a person who is at least 13

 6  years of age but under 18 years of age.

 7         (2)  "Case manager" means a person who is responsible

 8  for participating in the development of and implementing a

 9  services plan, linking service providers to a child or

10  adolescent and his or her family, monitoring the delivery of

11  services, providing advocacy services, and collecting

12  information to determine the effect of services and treatment.

13         (3)  "Child" means a person from birth until the

14  person's 13th birthday.

15         (4)  "Child or adolescent at risk of emotional

16  disturbance" means a person under 18 years of age who has an

17  increased likelihood of becoming emotionally disturbed because

18  of risk factors that include, but are not limited to:

19         (a)  Being homeless.

20         (b)  Having a family history of mental illness.

21         (c)  Being physically or sexually abused or neglected.

22         (d)  Abusing alcohol or other substances.

23         (e)  Being infected with human immunodeficiency virus

24  (HIV).

25         (f)  Having a chronic and serious physical illness.

26         (g)  Having been exposed to domestic violence.

27         (h)  Having multiple out-of-home placements.

28         (5)  "Child or adolescent who has an emotional

29  disturbance" means a person under 18 years of age who is

30  diagnosed with a mental, emotional, or behavioral disorder of

31  sufficient duration to meet one of the diagnostic categories

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  specified in the most recent edition of the Diagnostic and

 2  Statistical Manual of the American Psychiatric Association,

 3  but who does not exhibit behaviors that substantially

 4  interfere with or limit his or her role or ability to function

 5  in the family, school, or community. The emotional disturbance

 6  must not be considered to be a temporary response to a

 7  stressful situation. The term does not include a child or

 8  adolescent who meets the criteria for involuntary placement

 9  under s. 394.467(1).

10         (6)  "Child or adolescent who has a serious emotional

11  disturbance or mental illness" means a person under 18 years

12  of age who:

13         (a)  Is diagnosed as having a mental, emotional, or

14  behavioral disorder that meets one of the diagnostic

15  categories specified in the most recent edition of the

16  Diagnostic and Statistical Manual of Mental Disorders of the

17  American Psychiatric Association; and

18         (b)  Exhibits behaviors that substantially interfere

19  with or limit his or her role or ability to function in the

20  family, school, or community, which behaviors are not

21  considered to be a temporary response to a stressful

22  situation.

23

24  The term includes a child or adolescent who meets the criteria

25  for involuntary placement under s. 394.467(1).

26         (7)  "Child or adolescent who is experiencing an acute

27  mental or emotional crisis" means a child or adolescent who

28  experiences an acute mental or emotional problem and includes

29  a child or adolescent who meets the criteria for involuntary

30  examination specified in s. 394.463(1).

31         (8)  "Department" means the Department of Children and

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  Family Services.

 2         Section 4.  Section 394.493, Florida Statutes, is

 3  created to read:

 4         394.493  Target populations for child and adolescent

 5  mental health services funded through the department.--

 6         (1)  The child and adolescent mental health system of

 7  care funded through the Department of Children and Family

 8  Services shall serve, to the extent that resources are

 9  available, the following groups of children and adolescents

10  who reside with their parents or legal guardians or who are

11  placed in state custody:

12         (a)  Children and adolescents who are experiencing an

13  acute mental or emotional crisis.

14         (b)  Children and adolescents who have a serious

15  emotional disturbance or mental illness.

16         (c)  Children and adolescents who have an emotional

17  disturbance.

18         (d)  Children and adolescents who are at risk of

19  emotional disturbance.

20         (2)  Each mental health provider under contract with

21  the department to provide mental health services to the target

22  population shall collect fees from the parent or legal

23  guardian of the child or adolescent receiving services. The

24  fees shall be based on a sliding fee scale for families whose

25  net family income is between 100 percent and 200 percent of

26  the Federal Poverty Income Guidelines. The department shall

27  adopt, by rule, a sliding fee scale for statewide

28  implementation. A family whose net family income is 200

29  percent or more above the Federal Poverty Income Guidelines is

30  responsible for paying the cost of services. Fees collected

31  from families shall be retained in the service district and

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  used for expanding child and adolescent mental health

 2  treatment services.

 3         (3)  Each child or adolescent who meets the target

 4  population criteria of this section shall be served to the

 5  extent possible within available resources and consistent with

 6  the portion of the district alcohol, drug abuse, and mental

 7  health plan specified in s. 394.75 which pertains to child and

 8  adolescent mental health services.

 9         Section 5.  Section 394.494, Florida Statutes, is

10  created to read:

11         394.494  General performance outcomes for the child and

12  adolescent mental health treatment and support system.--

13         (1)  It is the intent of the Legislature that the child

14  and adolescent mental health treatment and support system

15  achieve the following performance outcomes within the target

16  populations who are eligible for services:

17         (a)  Stabilization or improvement of the emotional

18  condition or behavior of the child or adolescent, as evidenced

19  by resolving the presented problems and symptoms of the

20  serious emotional disturbance recorded in the initial

21  assessment.

22         (b)  Stabilization or improvement of the behavior or

23  condition of the child or adolescent with respect to the

24  family, so that the child or adolescent can function in the

25  family with minimum appropriate supports.

26         (c)  Stabilization or improvement of the behavior or

27  condition of the child or adolescent with respect to school,

28  so that the child can function in the school with minimum

29  appropriate supports.

30         (d)  Stabilization or improvement of the behavior or

31  condition of the child or adolescent with respect to the way

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  he or she interacts in the community, so that the child or

 2  adolescent can avoid behaviors that may be attributable to the

 3  emotional disturbance, such as substance abuse, unintended

 4  pregnancy, delinquency, sexually transmitted diseases, and

 5  other negative consequences.

 6         (2)  Annually, pursuant to s. 216.0166, the department

 7  shall develop more specific performance outcomes and

 8  performance measures to assess the performance of the child

 9  and adolescent mental health treatment and support system in

10  achieving the intent of this section.

11         Section 6.  Section 394.495, Florida Statutes, is

12  created to read:

13         394.495  Child and adolescent mental health system of

14  care; programs and services.--

15         (1)  The department shall establish, within available

16  resources, an array of services to meet the individualized

17  service and treatment needs of children and adolescents who

18  are members of the target populations specified in s. 394.493,

19  and of their families. It is the intent of the Legislature

20  that a child or adolescent may not be admitted to a state

21  mental health facility and such a facility may not be included

22  within the array of services.

23         (2)  The array of services must include assessment

24  services that provide a professional interpretation of the

25  nature of the problems of the child or adolescent and his or

26  her family; family issues that may impact the problems;

27  additional factors that contribute to the problems; and the

28  assets, strengths, and resources of the child or adolescent

29  and his or her family. The assessment services to be provided

30  shall be determined by the clinical needs of each child or

31  adolescent. Assessment services include, but are not limited

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  to, evaluation and screening in the following areas:

 2         (a)  Physical and mental health for purposes of

 3  identifying medical and psychiatric problems.

 4         (b)  Psychological functioning, as determined through a

 5  battery of psychological tests.

 6         (c)  Intelligence and academic achievement.

 7         (d)  Social and behavioral functioning.

 8         (e)  Family functioning.

 9

10  The assessment for academic achievement is the financial

11  responsibility of the school district. The department shall

12  cooperate with other state agencies and the school district to

13  avoid duplicating assessment services.

14         (3)  Assessments must be performed by:

15         (a)  A professional as defined in s. 394.455(2), (4),

16  (21), (23), or (24);

17         (b)  A professional licensed under chapter 491; or

18         (c)  A person who is under the direct supervision of a

19  professional as defined in s. 394.455(2), (4), (21), (23), or

20  (24) or a professional licensed under chapter 491.

21

22  The department shall adopt by rule statewide standards for

23  mental health assessments, which must be based on current

24  relevant professional and accreditation standards.

25         (4)  The array of services may include, but is not

26  limited to:

27         (a)  Prevention services.

28         (b)  Home-based services.

29         (c)  School-based services.

30         (d)  Family therapy.

31         (e)  Family support.

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1         (f)  Respite services.

 2         (g)  Outpatient treatment.

 3         (h)  Day treatment.

 4         (i)  Crisis stabilization.

 5         (j)  Therapeutic foster care.

 6         (k)  Residential treatment.

 7         (l)  Inpatient hospitalization.

 8         (m)  Case management.

 9         (n)  Services for victims of sex offenses.

10         (o)  Transitional services.

11         (5)  In order to enhance collaboration between agencies

12  and to facilitate the provision of services by the child and

13  adolescent mental health treatment and support system and the

14  school district, the local child and adolescent mental health

15  system of care shall include the local educational multiagency

16  network for severely emotionally disturbed students specified

17  in s. 230.2317.

18         Section 7.  Section 394.496, Florida Statutes, is

19  created to read:

20         394.496  Service planning.--

21         (1)  It is the intent of the Legislature that the

22  service planning process:

23         (a)  Focus on individualized treatment and the service

24  needs of the child or adolescent.

25         (b)  Concentrate on the service needs of the family and

26  individual family members of the child's or adolescent's

27  family.

28         (c)  Involve appropriate family members and pertinent

29  community-based health, education, and social agencies.

30         (2)  The principals of the service planning process

31  shall:

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1         (a)  Assist the family and other caregivers in

 2  developing and implementing a workable services plan for

 3  treating the mental health problems of the child or

 4  adolescent.

 5         (b)  Use all available resources in the community,

 6  particularly informal support services, which will assist in

 7  carrying out the goals and objectives of the services plan.

 8         (c)  Maintain the child or adolescent in the most

 9  normal environment possible, as close to home as possible; and

10  maintain the child in a stable school placement, which is

11  consistent with the child's or adolescent's and other

12  students' need for safety, if the child is removed from home

13  and placed in state custody.

14         (d)  Ensure the ability and likelihood of family

15  participation in the treatment of the child or adolescent, as

16  well as enhancing family independence by building on family

17  strengths and assets.

18         (3)  The services plan must include:

19         (a)  A behavioral description of the problem being

20  addressed.

21         (b)  A description of the services or treatment to be

22  provided to the child or adolescent and his or her family

23  which address the identified problem, including:

24         1.  The type of services or treatment.

25         2.  The frequency and duration of services or

26  treatment.

27         3.  The location at which the services or treatment are

28  to be provided.

29         4.  The name of each accountable provider of services

30  or treatment.

31         (c)  A description of the measurable objectives of

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  treatment, which, if met, will result in measurable

 2  improvements of the condition of the child or adolescent, as

 3  specified in s. 394.494.

 4         (4)  For students who are served by exceptional-student

 5  education, there must be consistency between the services

 6  prescribed in the service plan and the components of the

 7  individual education plan.

 8         (5)  The department shall adopt by rule criteria for

 9  determining when a child or adolescent who receives mental

10  health services under ss. 394.490-394.497 must have an

11  individualized services plan.

12         (6)  A professional as defined in s. 394.455(2), (4),

13  (21), (23), or (24) or a professional licensed under chapter

14  491 must be included among those persons developing the

15  services plan.

16         (7)  The services plan shall be developed in conference

17  with the parent or legal guardian. If the parent or legal

18  guardian believes that the services plan is inadequate, the

19  parent or legal guardian may request that the department or

20  its designee review and make recommended changes to the plan.

21         (8)  The services plan shall be reviewed at least every

22  90 days for programmatic and financial compliance.

23         Section 8.  Section 394.497, Florida Statutes, is

24  created to read:

25         394.497  Case management services.--

26         (1)  As used in this section, the term "case

27  management" means those activities aimed at:

28         (a)  Developing and implementing a services plan

29  specified in s. 394.496.

30         (b)  Providing advocacy services.

31         (c)  Linking service providers to a child or adolescent

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  and his or her family.

 2         (d)  Monitoring the delivery of services.

 3         (e)  Collecting information to determine the effect of

 4  services and treatment.

 5         (2)  The department shall adopt by rule criteria that

 6  define the target population who shall be assigned case

 7  managers. The department shall develop standards for case

 8  management services and procedures for appointing case

 9  managers. It is the intent of the Legislature that case

10  management services not be duplicated or fragmented and that

11  such services promote the continuity and stability of a case

12  manager assigned to a child or adolescent and his or her

13  family.

14         Section 9.  Child and Adolescent Interagency System of

15  Care Demonstration Models.--

16         (1)  CREATION.--There is created the Child and

17  Adolescent Interagency System of Care Demonstration Models to

18  operate for 3 years for children and adolescents who have a

19  serious emotional disturbance and for the families of such

20  children and adolescents. It is the intent of the Legislature

21  to encourage the Department of Children and Family Services,

22  the Agency for Health Care Administration, the Department of

23  Education, the Department of Health, the Department of

24  Juvenile Justice, local governments, and any other interested

25  public or private source to enter into a partnership agreement

26  to provide a locally organized system of care for children and

27  adolescents who have a serious emotional disturbance and for

28  the families of such children and adolescents. A demonstration

29  model must be provided within existing funds, center on the

30  client and his or her family, promote the integration and

31  coordination of services, provide for accountable outcomes,

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  and emphasize the provision of services in the least

 2  restrictive setting that is clinically appropriate to the

 3  needs of the child or adolescent. Participation in the

 4  partnership agreement does not divest any public or private

 5  agency of its responsibility for a child or adolescent but

 6  allows these agencies to better meet the needs of the child or

 7  adolescent through shared resources.

 8         (2)  GOALS.--The goal of the Child and Adolescent

 9  Interagency System of Care Demonstration Models is to provide

10  a design for an effective interagency strategy for delivering

11  services to children and adolescents who have a serious

12  emotional disturbance and for the families of such children

13  and adolescents. In addition to the guiding principles

14  specified in s. 394.491, Florida Statutes, and the principles

15  for service planning specified in s. 394.496(2), Florida

16  Statutes, the goal of the strategy is to:

17         (a)  Enhance and expedite services to the seriously

18  emotionally disturbed children and adolescents who choose to

19  be served under the strategies of the demonstration model.

20         (b)  Refine the process of case management using the

21  strengths approach in assessment and service planning and

22  eliminating duplication of the case management function.

23         (c)  Employ natural supports in the family and the

24  community to help meet the service needs of the child or

25  adolescent who has a serious emotional disturbance.

26         (d)  Improve interagency planning efforts through

27  greater collaboration between public and private

28  community-based agencies.

29         (e)  Test creative and flexible strategies for

30  financing the care of children and adolescents who have a

31  serious emotional disturbance.

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1         (f)  Share pertinent information about the child or

 2  adolescent among appropriate community agencies.

 3

 4  Except as otherwise specified, the demonstration models must

 5  comply with the requirements of ss. 394.490-394.497, Florida

 6  Statutes.

 7         (3)  MODEL ENHANCEMENTS.--

 8         (a)  The Legislature finds that strict reimbursement

 9  categories do not typically allow flexible funding for

10  purchasing the formal and informal services that are needed by

11  children and adolescents who have a serious emotional

12  disturbance and who have particularly complex needs for

13  services. Therefore, each demonstration model shall be

14  governed by a multiagency consortium of state and county

15  agencies and may use an integrated blend of state, federal,

16  and local funds to purchase individualized treatment and

17  support services for children and adolescents who have a

18  serious emotional disturbance, based on client need rather

19  than on traditional services limited to narrowly defined cost

20  centers or appropriation categories.

21         (b)  The local consortium of purchasers is responsible

22  for designing a well-defined care management system and

23  network of experienced mental health providers in order to

24  achieve delineated client outcomes.

25         (c)  The purpose of the demonstration models is to

26  enhance the holistic concepts of mental health care by serving

27  the total needs of the child or adolescent through an

28  individualized services plan.

29         (d)  Notwithstanding chapter 216, Florida Statutes, the

30  organized system of care implemented through the demonstration

31  models may expend funds for services without any categorical

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  restraints and shall provide for budget and program

 2  accountability and for fiscal management using generally

 3  accepted business practices pursuant to the direction of the

 4  multiagency oversight body. Funds shall be allocated so as to

 5  allow the local purchasing entity to provide the most

 6  appropriate care and treatment to the child or adolescent,

 7  including a range of traditional and nontraditional services

 8  in the least restrictive setting that is clinically

 9  appropriate to the needs of the child or adolescent. The

10  consortium of purchasers shall assure that funds appropriated

11  in the General Appropriations Act for services for the target

12  population are not used for any other purpose than direct

13  services to clients.

14         (e)  A local consortium of purchasers which chooses to

15  participate in the demonstration model may reinvest cost

16  savings in the community-based child and adolescent mental

17  health treatment and support system. A purchaser that

18  participates in the consortium is exempt from administrative

19  procedures otherwise required with respect to budgeting and

20  expending state and federal program funds.

21         (4)  ESSENTIAL ELEMENTS.--

22         (a)  In order to be approved as a Child and Adolescent

23  Interagency System of Care Demonstration Model, the applicant

24  must demonstrate its capacity to perform the following

25  functions:

26         1.  Form a consortium of purchasers, which includes at

27  least three of the following agencies:

28         a.  The Mental Health Program and Family Safety and

29  Preservation Program of the Department of Children and Family

30  Services.

31         b.  The Medicaid program of the Agency for Health Care

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  Administration.

 2         c.  The local school district.

 3         d.  The Department of Juvenile Justice.

 4

 5  Each agency that participates in the consortium shall enter

 6  into a written interagency agreement that defines each

 7  agency's responsibilities.

 8         2.  Establish an oversight body that is responsible for

 9  directing the demonstration model. The oversight body must

10  include representatives from the state agencies that comprise

11  the consortium of purchasers under subparagraph 1., as well as

12  local governmental entities, a juvenile court judge, parents,

13  and other community entities. The responsibilities of the

14  oversight body must be specified in writing.

15         3.  Select a target population of children and

16  adolescents, regardless of whether the child or adolescent is

17  eligible or ineligible for Medicaid, based on the following

18  parameters:

19         a.  The child or adolescent has a serious emotional

20  disturbance or mental illness, as defined in s. 394.492(6),

21  Florida Statutes, based on an assessment conducted by a

22  licensed practitioner defined in s. 394.455(2), (4), (21),

23  (23), or (24), Florida Statutes, or by a professional licensed

24  under chapter 491, Florida Statutes;

25         b.  The total service costs per child or adolescent

26  have exceeded $3,000 per month;

27         c.  The child or adolescent has had multiple

28  out-of-home placements;

29         d.  The existing array of services does not effectively

30  meet the needs of the child or adolescent;

31         e.  The case of the child or adolescent has been

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  staffed by a district collaborative planning team and

 2  satisfactory results have not been achieved through existing

 3  case services plans; and

 4         f.  The parent or legal guardian of the child or

 5  adolescent consents to participating in the demonstration

 6  model.

 7         4.  Select a geographic site for the demonstration

 8  model. A demonstration model may be comprised of one or more

 9  counties and may include multiple service districts of the

10  Department of Children and Family Services.

11         5.  Develop a mechanism for selecting the pool of

12  children and adolescents who meet the criteria specified in

13  this section for participating in the demonstration model.

14         6.  Establish a pooled funding plan that allocates

15  proportionate costs to the purchasers. The plan must address

16  all of the service needs of the child or adolescent and funds

17  may not be identified in the plan by legislative appropriation

18  category or any other state or federal funding category.

19         a.  The funding plan shall be developed based on an

20  analysis of expenditures made by each participating state

21  agency during the previous 2 fiscal years in which services

22  were provided for the target population or for individuals who

23  have characteristics that are similar to the target

24  population.

25         b.  Based on the results of this cost analysis, funds

26  shall be collected from each of the participating state

27  agencies and deposited into a central financial account.

28         c.  A financial body shall be designated to manage the

29  pool of funds and shall have the capability to pay for

30  individual services specified in a services plan.

31         7.  Identify a care management entity that reports to

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  the oversight body. For purposes of the demonstration models,

 2  the term "care management entity" means the entity that

 3  assumes responsibility for the organization, planning,

 4  purchasing, and management of mental health treatment services

 5  to the target population in the demonstration model. The care

 6  management entity may not provide direct services to the

 7  target population. The care management entity shall:

 8         a.  Manage the funds of the demonstration model within

 9  budget allocations. The administrative costs associated with

10  the operation of the demonstration model must be itemized in

11  the entity's operating budget.

12         b.  Purchase individual services in a timely manner.

13         c.  Review the completed client assessment information

14  and complete additional assessments that are needed, including

15  an assessment of the strengths of the child or adolescent and

16  his or her family.

17         d.  Organize a child-family team to develop a single,

18  unified services plan for the child or adolescent, in

19  accordance with ss. 394.490-394.497, Florida Statutes. The

20  team shall include the parents and other family members of the

21  child or adolescent, friends and community-based supporters of

22  the child or adolescent, and appropriate service providers who

23  are familiar with the problems and needs of the child or

24  adolescent and his or her family. The plan must include a

25  statement concerning the strengths of the child or adolescent

26  and his or her family, and must identify the natural supports

27  in the family and the community that might be used in

28  addressing the service needs of the child or adolescent. A

29  copy of the completed service plan shall be provided to the

30  parents of the child or adolescent.

31         e.  Identify a network of providers that meet the

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  requirements of paragraph (b).

 2         f.  Identify informal, unpaid supporters, such as

 3  persons from the child's or adolescent's neighborhood, civic

 4  organizations, clubs, and churches.

 5         g.  Identify additional service providers who can work

 6  effectively with the child or adolescent and his or her

 7  family, including, but not limited to, a home health aide,

 8  mentor, respite-care worker, and in-home behavioral health

 9  care worker.

10         h.  Implement a case management system that

11  concentrates on the strengths of the child or adolescent and

12  his or her family and uses these strengths in case planning

13  and implementation activities. The case manager is primarily

14  responsible for developing the services plan and shall report

15  to the care management entity. The case manager shall monitor

16  and oversee the services provided by the network of providers.

17  The parents must be informed about contacting the care

18  management entity or comparable entity to address concerns of

19  the parents.

20

21  Each person or organization that performs any of the care

22  management responsibilities specified in this subparagraph is

23  responsible only to the care management entity. However, such

24  care management responsibilities do not preclude the person or

25  organization from performing other responsibilities for

26  another agency or provider.

27         8.  Develop a mechanism for measuring compliance with

28  the goals of the demonstration models specified in subsection

29  (2), which mechanism includes qualitative and quantitative

30  performance outcomes, report on compliance rates, and conduct

31  quality improvement functions. At a minimum, the mechanism for

                                  20

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  measuring compliance must include the outcomes and measures

 2  established in the General Appropriations Act and the outcomes

 3  and measures that are unique to the demonstration models.

 4         9.  Develop mechanisms to ensure that family

 5  representatives have a substantial role in planning the

 6  demonstration model and in designing the instrument for

 7  measuring the effectiveness of services provided.

 8         10.  Develop and monitor grievance procedures.

 9         11.  Develop policies to ensure that a child or

10  adolescent is not rejected or ejected from the demonstration

11  model because of a clinical condition or a specific service

12  need.

13         12.  Develop policies to require that a participating

14  state agency remains a part of the demonstration model for its

15  entire duration.

16         13.  Obtain training for the staff involved in all

17  aspects of the project.

18         (b)  In at least one demonstration model, rather than

19  using a care management entity, the local consortium of

20  purchasers may contract directly with a network of service

21  providers that may use prospective payment mechanisms through

22  which the providers would accept financial risk for producing

23  outcomes for the target population. These demonstration models

24  must provide an annual report to the purchasers who are

25  participating in the demonstration model which specifies the

26  types of services provided and the number of clients who

27  receive each service.

28         (c)  In order for children, adolescents, and families

29  of children and adolescents to receive timely and effective

30  services, the basic provider network identified in each

31  demonstration model must be well designed and managed. The

                                  21

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  provider network should be able to meet the needs of a

 2  significant proportion of the target population. The applicant

 3  must demonstrate the capability to manage the network of

 4  providers for the purchasers that participate in the

 5  demonstration model. The applicant must demonstrate its

 6  ability to perform the following network management functions:

 7         1.  Identify providers within the designated area of

 8  the demonstration model which are currently funded by the

 9  state agencies included in the model, and identify additional

10  providers that are needed to provide additional services for

11  the target population. The network of providers may include:

12         a.  Licensed mental health professionals as defined in

13  s. 394.455(2), (4), (21), (23), or (24), Florida Statutes;

14         b.  Professionals licensed under chapter 491, Florida

15  Statutes;

16         c.  Teachers certified under s. 231.17, Florida

17  Statutes;

18         d.  Facilities licensed under chapter 395, Florida

19  Statutes, as a hospital; s. 394.875, Florida Statutes, as a

20  crisis stabilization unit or short-term residential facility;

21  or s. 409.175, Florida Statutes, as a residential child-caring

22  agency; and

23         e.  Other community agencies.

24         2.  Define access points and service linkages of

25  providers in the network.

26         3.  Define the ways in which providers and

27  participating state agencies are expected to collaborate in

28  providing services.

29         4.  Define methods to measure the collective

30  performance outcomes of services provided by providers and

31  state agencies, measure the performance of individual

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  agencies, and implement a quality improvement process across

 2  the provider network.

 3         5.  Develop brochures for family members which are

 4  written in understandable terminology, to help families

 5  identify appropriate service providers, choose the provider,

 6  and access care directly whenever possible.

 7         6.  Ensure that families are given a substantial role

 8  in planning and monitoring the provider network.

 9         7.  Train all providers with respect to the principles

10  of care outlined in this section, including effective

11  techniques of cooperation, the wraparound process and

12  strengths-based assessment, the development of service plans,

13  and techniques of case management.

14         (d)  Each demonstration model must comply with the

15  requirements for maintaining the confidentiality of clinical

16  records, as specified in s. 394.4615, Florida Statutes.

17         (e)  Each application for designation as a Child and

18  Adolescent Interagency System of Care Demonstration Model must

19  include:

20         1.  A plan for reinvesting the anticipated cost savings

21  that result from implementing the demonstration model in the

22  child and adolescent mental health treatment and support

23  system. The plan must detail the methodology used to identify

24  cost savings and must specify the programs and services that

25  will be enhanced for the population that has complex service

26  needs and for other children and adolescents who have

27  emotional disturbances.

28         2.  A plan describing the methods by which community

29  agencies will share pertinent client information.

30         3.  A statement that the appropriate business,

31  accounting, and auditing procedures will be followed, as

                                  23

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  specified by law, in expending federal, state, and local

 2  funds.

 3         (f)  Each consortium of purchasers shall submit an

 4  annual report on the progress of the demonstration model to

 5  the secretary or director of each state agency that

 6  participates in the model. At a minimum, the report must

 7  include the level of participation of each purchaser, the

 8  purchasing strategies used, the services provided to the

 9  target population, identified cost savings, and any other

10  information that concerns the implementation of or problems

11  associated with the demonstration model.

12         (g)  Each participating local agency and the

13  administrative officers of each participating state agency

14  must participate in interagency collaboration. The secretary

15  or director of each participating state agency shall appoint a

16  representative to select applications that meet the criteria

17  for designation as a Child and Adolescent Interagency System

18  of Care Demonstration Model, as specified in this section. The

19  appointed representatives shall also provide technical

20  assistance to the consortia in developing applications and in

21  implementing demonstration models.

22         (5)  EVALUATION.--The Louis de la Parte Florida Mental

23  Health Institute shall conduct an independent evaluation of

24  each demonstration model to identify more effective ways in

25  which to serve the most complex cases of children and

26  adolescents who have a serious emotional disturbance or mental

27  illness, determine better utilization of public resources, and

28  assess ways that community agencies may share pertinent client

29  information. The institute shall identify each distinct

30  demonstration model to be evaluated. The evaluation must

31  analyze all administrative costs associated with operating the

                                  24

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  demonstration models. The institute shall report to the

 2  Legislature by December 31, 2001, which report must include

 3  findings and conclusions for each distinct demonstration model

 4  and provide recommendations for statewide implementation.

 5  Based upon the findings and conclusions of the evaluation, the

 6  financial strategies and the best-practice models that are

 7  proven to be effective shall be implemented statewide.

 8         (6)  RULES FOR IMPLEMENTATION.--Each participating

 9  state agency shall adopt rules for implementing the

10  demonstration models. These rules shall be developed in

11  cooperation with other appropriate state agencies for

12  implementation within 90 days after obtaining any necessary

13  federal waivers. The Medicaid program within the Agency for

14  Health Care Administration may obtain any federal waivers that

15  are necessary for implementing the demonstration models.

16         Section 10.  (1)  Each service district of the

17  Department of Children and Family Services shall develop a

18  detailed implementation plan for a district-wide comprehensive

19  child and adolescent mental health information and referral

20  network to be operational by July 1, 1999. The plan must

21  include an operating budget that demonstrates cost

22  efficiencies and identifies funding sources for the district

23  information and referral network. The plan must be submitted

24  by the department to the Legislature by October 1, 1998. The

25  district shall use existing district information and referral

26  providers if, in the development of the plan, it is concluded

27  that these providers would deliver information and referral

28  services in a more efficient and effective manner when

29  compared to other alternatives. The district information and

30  referral network must include:

31         (a)  A resource file that contains information about

                                  25

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  the child and adolescent mental health services as described

 2  in s. 394.495, Florida Statutes, including, but not limited

 3  to:

 4         1.  Type of program;

 5         2.  Hours of service;

 6         3.  Ages of persons served;

 7         4.  Program description;

 8         5.  Eligibility requirements; and

 9         6.  Fees.

10         (b)  Information about private providers and

11  professionals in the community which serve children and

12  adolescents with an emotional disturbance.

13         (c)  A system to document requests for services that

14  are received through the network referral process, including,

15  but not limited to:

16         1.  Number of calls by type of service requested;

17         2.  Ages of the children and adolescents for whom

18  services are requested; and

19         3.  Type of referral made by the network.

20         (d)  The ability to share client information with the

21  appropriate community agencies.

22         (e)  The submission of an annual report to the

23  department, the Agency for Health Care Administration, and

24  appropriate local government entities, which contains

25  information about the sources and frequency of requests for

26  information, types and frequency of services requested, and

27  types and frequency of referrals made.

28         (2)  In planning the information and referral network,

29  the district shall consider the establishment of a 24-hour

30  toll-free telephone number, staffed at all times, for parents

31  and other persons to call for information that concerns child

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1  and adolescent mental health services and a community public

 2  service campaign to inform the public about information and

 3  referral services.

 4         Section 11.  Sections 394.50, 394.56, 394.57, 394.58,

 5  394.59, 394.60, 394.61, and 394.62, Florida Statutes, are

 6  repealed.

 7         Section 12.  This act shall take effect July 1 of the

 8  year in which enacted.

 9

10

11  ================ T I T L E   A M E N D M E N T ===============

12  And the title is amended as follows:

13  remove from the title of the bill:  the entire title

14

15  and insert in lieu thereof:

16                  A bill to be entitled

17         An act relating to the mental health of

18         children and adolescents; creating s. 394.490,

19         F.S.; providing a short title; creating s.

20         394.491, F.S.; establishing guiding principles

21         for the child and adolescent mental health

22         treatment and support system; creating s.

23         394.492, F.S.; providing definitions; creating

24         s. 394.493, F.S.; defining target populations

25         for child and adolescent mental health

26         services; providing for fees based on a sliding

27         scale according to the family's income;

28         creating s. 394.494, F.S.; providing general

29         performance outcomes for the child and

30         adolescent mental health treatment and support

31         system; creating s. 394.495, F.S.; requiring

                                  27

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1         that the Department of Children and Family

 2         Services establish the services to be provided

 3         to members of the target populations under the

 4         child and adolescent mental health treatment

 5         and support system; providing requirements for

 6         assessment services; requiring that the system

 7         include the local educational multiagency

 8         network for emotionally disturbed students;

 9         creating s. 394.496, F.S.; providing

10         legislative intent with respect to service

11         planning; providing requirements for services

12         plans; creating s. 394.497, F.S.; specifying

13         requirements for case management services;

14         requiring the department to develop criteria to

15         define the target populations who are assigned

16         a case manager; establishing the Child and

17         Adolescent Interagency System of Care

18         Demonstration Models; specifying the goals and

19         essential elements of the demonstration models;

20         providing for the demonstration models to be

21         governed by a multiagency consortium of state

22         and county agencies; providing an exemption

23         from certain budget and expenditure

24         requirements; requiring that an oversight body

25         be established to direct a demonstration model;

26         requiring that a mechanism be developed for

27         selecting the children and adolescents who are

28         eligible to participate in a demonstration

29         model; providing for pooled funding of the

30         models; providing requirements for the care

31         management entity that provides services for a

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1         demonstration model; requiring a mechanism for

 2         measuring compliance with the goals of the

 3         demonstration models; providing that in one

 4         demonstration model the consortium of

 5         purchasers may contract with a network of

 6         service providers using prospective payment

 7         mechanisms; requiring that a provider network

 8         be identified for each demonstration model;

 9         providing requirements for maintaining

10         confidentiality of records; providing

11         application requirements for designation as a

12         demonstration model; requiring annual reports;

13         providing for interagency collaboration;

14         providing for independent evaluation of each

15         demonstration model; requiring a report to the

16         Legislature; requiring state agencies that

17         participate in the demonstration models to

18         adopt rules; authorizing the Agency for Health

19         Care Administration to obtain certain federal

20         waivers; requiring each service district of the

21         Department of Children and Family Services to

22         develop an implementation plan for an

23         information and referral network; repealing ss.

24         394.50, 394.56, 394.57, 394.58, 394.59, 394.60,

25         394.61, 394.62, F.S., relating to children's

26         residential and day treatment centers,

27         voluntary and involuntary admission to such

28         centers, and records, payment for care and

29         treatment of patients, transfer of patients,

30         discharge of voluntary patients, and age limits

31         with regard to such centers; providing an

                                  29

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                                                   HOUSE AMENDMENT

    574-139X-08                                   Bill No. HB 1991

    Amendment No.     (for drafter's use only)





 1         effective date.

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