House Bill 1991

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







    Florida House of Representatives - 1997                HB 1991

        By the Committee on Children & Family Empowerment and
    Representative Lacasa





  1                      A bill to be entitled

  2         An act relating to children's mental health;

  3         creating s. 394.490, F.S.; establishing guiding

  4         principles for the children's mental health

  5         system; creating s. 394.4905, F.S.; providing

  6         definitions; creating s. 394.491, F.S.;

  7         defining target populations for children's

  8         mental health services; creating s. 394.4915,

  9         F.S.; providing general performance outcomes

10         for the children's mental health system;

11         creating s. 394.492, F.S.; directing the

12         Department of Children and Family Services and

13         the Agency for Health Care Administration to

14         establish an information and referral process;

15         providing requirements; creating s. 394.4925,

16         F.S.; directing the department, the agency, the

17         Department of Health, the Department of

18         Education, and the Department of Juvenile

19         Justice to establish uniform standards and

20         protocols for screening, assessment, and

21         diagnosis; creating s. 394.493, F.S.; providing

22         for uniform assessment services in the

23         districts of the department; creating s.

24         394.4935, F.S.; providing for district

25         children's mental health services planning

26         teams; creating s. 394.494, F.S.; specifying

27         requirements for services plans and case

28         management; providing an administrative

29         penalty; creating s. 394.4945, F.S.; directing

30         the department to establish the children's

31         mental health system of care; providing minimum

                                  1

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1         programs and services; creating s. 394.495,

  2         F.S.; providing definitions; establishing a

  3         children's mental health provider qualification

  4         process; providing for market rate

  5         reimbursement and a purchase-of-services

  6         system; creating s. 394.496, F.S.; providing

  7         for Children's Mental Health Partnership

  8         Grants; creating s. 394.497, F.S.; authorizing

  9         department and agency contracts for services;

10         requiring an annual report; creating s.

11         394.499, F.S.; providing for rules and related

12         policy; authorizing application for federal

13         waivers; amending s. 411.203, F.S.; providing

14         for training for parents and caregivers;

15         amending s. 411.204, F.S.; correcting a cross

16         reference; repealing ss. 394.50, 394.56,

17         394.57, 394.58, 394.59, 394.60, 394.61, and

18         394.62, F.S., relating to children's

19         residential and day treatment centers,

20         voluntary and involuntary admission to such

21         centers, records, payment for care and

22         treatment of patients, transfer of patients,

23         discharge of voluntary patients, and age

24         limits; providing an effective date.

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Sections 394.490 through 394.499, Florida

29  Statutes, are designated as part III of chapter 394, entitled

30  "Children's Mental Health."

31

                                  2

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1         Section 2.  Section 394.490, Florida Statutes, is

  2  created to read:

  3         394.490  Guiding principles for the children's mental

  4  health system.--It is the intent of the Legislature that the

  5  following principles guide the development and implementation

  6  of the children's mental health system funded by the state.

  7         (1)  The system should be child-centered, with the

  8  needs of the child and family dictating the types and mix of

  9  services provided.

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

11  the locus of services, as well as management and

12  decisionmaking responsibility, resting at the community level.

13         (3)  The system should provide access to a

14  comprehensive array of competitive and cost-effective

15  services.

16         (4)  Children receiving services should receive

17  individualized services in accordance with the unique needs

18  and potentials of each child and guided by an individualized

19  case plan.

20         (5)  Services should target known risk factors

21  identified by assessment.

22         (6)  Children should receive services within the least

23  restrictive, most normal environment that is clinically

24  appropriate.

25         (7)  The families and surrogate families of children

26  should be full participants in all aspects of the planning and

27  delivery of services.

28         (8)  Children should receive services that are

29  integrated and linked with schools and other agencies and

30  programs.

31

                                  3

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1         (9)  Children should be provided with case management

  2  to ensure that multiple services are delivered in a

  3  coordinated manner, so that the children can move through the

  4  system of services in accordance with their changing needs.

  5         (10)  Early identification and intervention for

  6  children with mental health problems should be promoted by the

  7  system of care in order to enhance the likelihood of positive

  8  outcomes.

  9         (11)  Children should be ensured smooth transitions to

10  the adult services system, if there is a need for continued

11  services.

12         (12)  Children should receive effective services, so

13  that the need for further services and government assistance

14  can end as quickly as possible.

15         Section 3.  Section 394.4905, Florida Statutes, is

16  created to read:

17         394.4905  Definitions.--As used in this part:

18         (1)  "Department" means the Department of Children and

19  Family Services.

20         (2)  "Diagnosis" means a clinical determination of

21  mental illness, as defined in the DSM IV, made by a mental

22  health care professional licensed pursuant to chapter 458,

23  chapter 459, chapter 490, or chapter 491.

24         (3)  "DSM IV" means the Diagnostic and Statistical

25  Manual of Mental Disorders, fourth edition, or subsequent

26  editions.

27         Section 4.  Section 394.491, Florida Statutes, is

28  created to read:

29         394.491  Target populations for children's mental

30  health services funded through the department.--The children's

31  mental health system of care funded through the Department of

                                  4

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1  Children and Family Services shall serve, in priority order,

  2  to the extent the resources are available, the following

  3  target populations:

  4         (1)  Children under 18 years of age with a serious

  5  emotional disturbance, emotional disturbance, or mental

  6  illness, who are living at home under court-ordered

  7  supervision. The child must be diagnosed with a mental,

  8  emotional, or behavioral disorder of sufficient duration to

  9  meet one of the diagnostic categories specified in the DSM IV

10  and must have recently exhibited behavior indicating a

11  functional impairment that interferes with or limits the

12  child's role or functioning in family, school, or community

13  activities.

14         (2)  Children under 18 years of age with a serious

15  emotional disturbance, emotional disturbance or mental

16  illness, who are in state custody. The child must be diagnosed

17  with a mental, emotional, or behavioral disorder of sufficient

18  duration to meet one of the diagnostic categories specified in

19  the DSM IV and must have recently exhibited behavior

20  indicating a functional impairment that interferes with or

21  limits the child's role or functioning in family, school, or

22  community activities.

23         (3)  Children 12 years of age and under with a serious

24  emotional disturbance, emotional disturbance, or mental

25  illness, who are living at home and are not under

26  court-ordered supervision or in state custody.

27         (a)  The child must be diagnosed with a mental,

28  emotional, or behavioral disorder of sufficient duration to

29  meet one of the diagnostic categories specified in the DSM IV

30  and must have recently exhibited behavior indicating a

31  functional impairment that interferes with or limits the

                                  5

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1  child's role or functioning in family, school, or community

  2  activities.

  3         (b)  The child's family income must be equal to or

  4  below 150 percent of the current federal poverty guidelines.

  5         (4)  Children under 18 years of age and over 12 years

  6  of age with a serious emotional disturbance, emotional

  7  disturbance, or mental illness, who are living at home and are

  8  not under court-ordered supervision or in state custody.

  9         (a)  The child must be diagnosed with a mental,

10  emotional, or behavioral disorder of sufficient duration to

11  meet one of the diagnostic categories specified in the DSM IV

12  and must have recently exhibited behavior indicating a

13  functional impairment that interferes with or limits the

14  child's role or functioning in family, school, or community

15  activities.

16         (b)  The child's family income must be equal to or

17  below 150 percent of the current federal poverty guidelines.

18         (5)  Children 12 years of age and under who are at risk

19  of an emotional disturbance or mental illness, and who are

20  living at home and going to school and are not in state

21  custody. For purposes of this subsection, "at risk of an

22  emotional disturbance or mental illness" means at such risk

23  due to certain factors, including, but not limited to, the

24  following events: homelessness; family history of mental

25  health; physical or sexual abuse or neglect; alcohol or other

26  substance abuse; HIV infection; chronic and serious physical

27  or developmental disability or illness; domestic violence; and

28  multiple out-of-home placements.

29         (6)  Nothing in this section or this part shall be

30  construed to preclude the delivery of mental health screening,

31  diagnosis, and treatment services to Medicaid-eligible

                                  6

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1  children as required under federal law and regulations.

  2  However, to the extent allowable by federal regulations,

  3  children's mental health services funded pursuant to part IV

  4  of this chapter and s. 409.906(5) and (8) shall be subject to

  5  the provisions of this part.

  6         Section 5.  Section 394.4915, Florida Statutes, is

  7  created to read:

  8         394.4915  General performance outcomes for the

  9  children's mental health system.--

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

11  children's mental health system achieve the following

12  performance outcomes within the target population eligible for

13  services from the state:

14         (a)  Stabilization or improvement of the child's

15  behavior or condition in the family, so that the child may

16  function in the family with minimum support, minimum

17  government intrusion, or no government intrusion.

18         (b)  Stabilization or improvement of the child's

19  behavior or condition related to school, so that the child may

20  function in the school with minimum support, minimum

21  government intrusion, or no government intrusion.

22         (c)  Stabilization or improvement of the child's

23  behavior or condition related to the way the child interacts

24  in the community, so that a child may avoid violence,

25  substance abuse, unintended pregnancy, delinquency, sexually

26  transmitted diseases, or other negative consequences.

27         (2)  On an annual basis pursuant to s. 216.0166, the

28  department shall develop more specific performance outcomes

29  and performance measures to assess the children's mental

30  health system performance in achieving this intent.

31

                                  7

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1         Section 6.  Section 394.492, Florida Statutes, is

  2  created to read:

  3         394.492  Information and referral.--

  4         (1)  The department shall establish, in each district,

  5  a children's mental health resource and referral network. It

  6  is the intent of the Legislature that in the development of

  7  this service, preference be given to using already established

  8  information and referral services or hotlines.

  9         (2)  The department and the Agency for Health Care

10  Administration shall establish a protocol for the information

11  and referral process.

12         (a)  The protocol shall establish procedures and

13  criteria to refer a child to screening, assessment, a

14  provider, or emergency services, depending on the

15  circumstances, eligibility for services, the child's need, and

16  other factors presented.

17         (b)  Children in need of emergency intervention

18  services shall be treated in accordance with provisions of

19  part I.

20         (3)  The information and referral provider shall be

21  selected based on a request for proposals and shall not be

22  affiliated with any provider of services.

23         (4)  Upon selection, the agency selected shall operate

24  the resource and referral service for 3 years, after which

25  time the department shall issue another request for proposals.

26  Agencies previously selected for the operation of the resource

27  and referral function are not precluded from submitting a bid

28  to continue providing the resource and referral service.

29  Information and referral agencies shall provide the following

30  services:

31

                                  8

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1         (a)  Identification of existing children's mental

  2  health services and the development of a resource file of

  3  those services. The existing services may include, but are not

  4  limited to:

  5         1.  Prevention.

  6         2.  Early Intervention.

  7         3.  Home-based services.

  8         4.  School-based services.

  9         5.  Respite.

10         6.  Outpatient treatment.

11         7.  Day treatment.

12         8.  Crisis stabilization.

13         9.  Therapeutic homes.

14         10.  Specialized therapeutic foster homes.

15         11.  Residential treatment.

16         12.  Inpatient hospitalization.

17         (b)  The resource file shall include, but not be

18  limited to:

19         1.  Type of program.

20         2.  Hours of service.

21         3.  Ages of children served.

22         4.  Number of children served.

23         5.  Significant program information.

24         6.  Fees and eligibility for services.

25         (5)  The information and referral process must contain

26  the following elements:

27         (a)  A well-advertised central telephone number that

28  parents may call for information concerning children's mental

29  health services.

30         (b)  A community public service campaign to inform the

31  public about the information and referral service.

                                  9

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1         (6)  The information and referral process shall be

  2  provided with full recognition of the confidentiality rights

  3  of parents.

  4         (7)  An information and referral agency shall maintain

  5  ongoing documentation of requests for services, compiled

  6  through the internal referral process. The following

  7  documentation of requests for services shall be maintained, at

  8  a minimum, by all information and referral agencies:

  9         (a)  Number of calls to the information and referral

10  agency component, by type of service requested.

11         (b)  Ages of children for whom services were requested.

12         (c)  The type of referral made by the agency.

13         (8)  The information and referral provider shall

14  provide the department and the Agency for Health Care

15  Administration with periodic management reports that allow

16  analysis of sources and frequency of requests for information,

17  types and frequency of services requested, types and frequency

18  of referrals made, and other information as determined by the

19  department and the Agency for Health Care Administration.

20         Section 7.  Section 394.4925, Florida Statutes, is

21  created to read:

22         394.4925  Uniform standards and protocols for

23  screening, assessment, and diagnosis.--

24         (1)  The department, the Agency for Health Care

25  Administration, the Department of Health, the Department of

26  Education, and the Department of Juvenile Justice shall

27  establish uniform standards and protocols for the screening,

28  assessment, and diagnosis of children with a serious emotional

29  disturbance or an emotional disturbance who receive:

30         (a)  Mental health services through the department

31  using state funds.

                                  10

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1         (b)  Mental health services through Medicaid.

  2         (c)  Mental health services through the school system

  3  or exceptional education services.

  4         (d)  Mental health services through the Department of

  5  Juvenile Justice.

  6         (2)  The protocol shall establish procedures and

  7  include criteria for agencies to determine which children are

  8  appropriate for screening, for further assessments, or for

  9  other diagnostic procedures.

10         (3)  The protocol shall establish procedures and

11  include criteria to refer a child to a services planning team,

12  case management, a provider, or emergency services, depending

13  on the information gathered through the screening and

14  assessment process, eligibility for services, the child's

15  need, and other factors presented.

16         (4)  Children in need of mental health services who do

17  not meet the criteria for referral to a services planning team

18  or case management may be referred directly for needed

19  services. These direct referrals from assessment shall include

20  a clear recommendation for the most appropriate provider,

21  duration, and frequency of services and the outcomes to be

22  reported.

23         (5)  The protocol shall include a mechanism to provide

24  the department and the Agency for Health Care Administration

25  with periodic management reports.

26         (6)  Assessment and diagnostic procedures shall meet

27  any minimum standards established by federal law and shall

28  provide guidance on screening instruments which are

29  appropriate for identifying mental health risk factors in

30  children.

31

                                  11

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1         (7)  Duplicative and inefficient screening, assessment,

  2  diagnostic, and planning practices shall be eliminated to the

  3  extent possible. Diagnostic and other information necessary to

  4  provide quality services to children shall be shared among the

  5  Agency for Health Care Administration, the program offices of

  6  the department, the district school systems, and the

  7  Department of Juvenile Justice.

  8         Section 8.  Section 394.493, Florida Statutes, is

  9  created to read:

10         394.493  Assessment services.--

11         (1)  The department shall work cooperatively with

12  mental health providers, substance abuse providers, schools,

13  health services providers, law enforcement agencies, and other

14  entities involved with children to establish uniform

15  assessment services in each district.

16         (2)  Assessment services shall provide initial

17  screening of children, including intake and needs assessment,

18  mental health screening, substance abuse screening, physical

19  health screening, and diagnostic testing to determine

20  eligibility, as needed.

21         (3)  Children in need of mental health services who, as

22  a result of screening and assessment, do not meet the criteria

23  for referral to a services planning team or case management,

24  as established in protocol pursuant to s. 394.4925, may be

25  referred directly to a provider for needed services. A direct

26  referral from assessment services shall include a clear

27  recommendation for the most appropriate provider, duration,

28  and frequency of services and the outcomes to be reported.

29         (4)  Children in need of emergency mental health

30  treatment shall be treated in accordance with the provisions

31  of part I. Within 72 hours after the initiation of emergency

                                  12

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1  treatment, if it appears that the child will be in need of

  2  state-supported mental health services, the child shall be

  3  referred to the designated assessment center.

  4         (5)  The department may use existing assessment centers

  5  as established in s. 39.0471, or other existing processes and

  6  facilities, to fulfill the requirements of this section.

  7         (6)  The department may contract for assessment

  8  services.

  9         (7)  A district may have multiple assessment services

10  providers.

11         Section 9.  Section 394.4935, Florida Statutes, is

12  created to read:

13         394.4935  Services planning teams.--

14         (1)  The department shall establish in each district

15  children's mental health services planning teams. The

16  department shall assign a coordinator to each services

17  planning team from a list of approved and qualified

18  coordinators.  The coordinators shall be chosen and determined

19  qualified by the department through a request for proposal for

20  the services planning team coordination function.

21         (2)  Membership in the services planning team shall, at

22  a minimum, include:  the child's parent, caregiver, or

23  guardian; the child, if the child is over 11 years of age and

24  capable of participation; and the department or its designee.

25  The team shall be formed around each child and may include

26  relatives, the child's teacher or other school representatives

27  familiar with the child's case, mental health professionals,

28  and others from the child's community if the child's parent,

29  caregiver, or guardian agrees.

30         (3)  The purpose of a services planning team is as

31  follows:

                                  13

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1         (a)  To assist the family and other caregivers to

  2  develop and implement a workable case plan for treating the

  3  child's mental health problems.

  4         (b)  To use all available resources in the community.

  5         (c)  To maintain the child in the most normal

  6  environment as close to home as possible; and to maintain the

  7  child in a stable school placement consistent with child's

  8  safety needs, if the child has been removed from home and

  9  placed in state custody.

10         (d)  To ensure the ability and likelihood of family

11  participation in the treatment of the child, as well as

12  enhancing family independence.

13         (4)  When a child has met the criteria, as established

14  by the department, that indicates a referral to a services

15  planning team, the services planning team shall:

16         (a)  Determine the need for a services plan and, if

17  needed, develop a services plan.

18         (b)  Determine the need for an independent case manager

19  and, if needed, designate an independent case manager for the

20  child and family receiving services.

21         (5)  The independent case manager assigned shall not be

22  affiliated with any provider of services for the child and

23  shall be responsible for the successful implementation of the

24  case plan.

25         (6)  The department may contract for services planning

26  teams.

27         Section 10.  Section 394.494, Florida Statutes, is

28  created to read:

29         394.494  Services plan and case management.--

30

31

                                  14

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1         (1)  The department shall determine when a child

  2  receiving children's mental health services under this part

  3  shall have a services plan.

  4         (2)  For the purpose of this section, a services plan

  5  must include the following:

  6         (a)  A behavioral description of the problem being

  7  addressed.

  8         (b)  A description of the services to be provided to

  9  the child and family to address the identified problem,

10  including:

11         1.  Type of services or treatment.

12         2.  Frequency and duration of services or treatment.

13         3.  Location of the services or treatment.

14         4.  The accountable services provider.

15         (c)  A description of the measurable objectives of

16  treatment that result in measurable improvements of the

17  child's condition pursuant to s. 394.4915.

18         (3)  A services plan shall be developed in conference

19  with the parent or guardian. Any parent who believes that the

20  plan is not adequate may request a review of the plan by the

21  department or its designee.

22         (4)  A services plan shall be reviewed at least every

23  90 days for programmatic and financial compliance.

24         (5)  For the purposes of this section, case management

25  means those activities aimed at: implementing a services plan;

26  advocacy; linking services providers to a child and family;

27  monitoring services delivery; and collecting information to

28  determine the effect of services and treatment.

29         (6)  Upon approval of the services plan, the case

30  manager shall purchase or arrange for needed services to

31

                                  15

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1  fulfill the requirements and achieve the objectives of the

  2  services plan.

  3         (7)  Services shall be purchased by the case manager

  4  through a purchase-of-services system from approved providers

  5  as identified by the department. The case manager shall

  6  consult with the services planning team to determine the most

  7  appropriate providers.

  8         (8)  The independent case manager shall periodically

  9  review services utilization for a sample of cases to ascertain

10  compliance with plans approved by the planning team. The

11  agency and the department are authorized to recover

12  expenditures for unauthorized services and may impose an

13  administrative fine, pursuant to s. 394.879, against a

14  provider agency for substantial noncompliance.

15         (9)  The department shall establish a policy and a

16  system to coordinate case management activities from various

17  referral points, in order to minimize fragmentation and

18  duplication and promote stability of case managers assigned to

19  a child and family. In the attempt to minimize duplication, it

20  is the intent of the Legislature that a child have no more

21  than one mental health case manager.

22         Section 11.  Section 394.4945, Florida Statutes, is

23  created to read:

24         394.4945  Children's mental health system of care;

25  programs and services.--

26         (1)  The department shall establish, within available

27  resources, a system of care to meet the services and treatment

28  needs of children with a serious emotional disturbance or an

29  emotional disturbance, or children at risk of an emotional

30  disturbance or mental illness.

31

                                  16

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1         (2)  The system of care shall, at a minimum, include,

  2  but is not limited to, the following program and services:

  3         (a)  Prevention services.--These services consist of

  4  strategies to prevent or reduce the incidence of  emotional

  5  disturbance in the community.

  6         (b)  Home-based services.--These services are delivered

  7  in the home and involve the child and the family. These

  8  services include counseling, individualized treatment and

  9  services, support services, case management, and multisystemic

10  therapy.  For the purposes of this section, multisystemic

11  therapy means services delivered by a team of mental health

12  professionals able to combine individual counseling and work

13  with the child's family, school, peer group and community, in

14  an intensive fashion to avoid out-of-home placement.

15         (c)  School-based services.--These services provide

16  support to the child and teacher at the school site.

17         (d)  Respite and family support.--These services

18  provide the family with assistance to meet the intense demands

19  of caring for their child with an emotional disturbance.

20         (e)  Outpatient treatment.--These services provide

21  individual, group, and family therapy in a community mental

22  health center or other setting.

23         (f)  Day treatment.--These services provide a

24  nonresidential setting and require the child to be in the

25  program all day or for a major part of the day.

26         (g)  Crisis stabilization.--These services provide a

27  brief residential setting for children voluntarily or

28  involuntarily admitted during a time of crisis.

29         (h)  Therapeutic homes.--These services provide a

30  family or group-home setting and include other nonresidential

31  and school services.

                                  17

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1         (i)  Residential treatment.--These services are

  2  provided in a nonhospital residential setting.

  3         (j)  Inpatient hospitalization.--These services are

  4  provided in a residential hospital setting.

  5         (k)  Child sex offender victim services.--These

  6  services are provided in a nonresidential and residential

  7  program with specific treatment capacity and specific program

  8  capabilities for this population.

  9         (l)  Transitional services.--These services provide for

10  successful entry into the adult world of work and independent

11  living for older adolescents.

12         Section 12.  Section 394.495, Florida Statutes, is

13  created to read:

14         394.495  Children's mental health provider

15  qualification; market rate reimbursement and

16  purchase-of-services system.--

17         (1)  When used in this section, the term:

18         (a)  "Children's mental health care provider

19  qualification process" means an assessment process designated

20  or developed by the department to determine children's mental

21  health providers that meet existing relevant licensing

22  requirements, qualifications, standards, and training

23  requirements for specific services and programs. The

24  department shall only purchase services from providers

25  approved by the department or from qualified Medicaid

26  providers.

27         (b)  "Market rate" means the price that a children's

28  mental health provider charges for services or treatment. The

29  market rate shall differentiate as much as possible among the

30  target populations as defined in this part. Market rate shall

31  be established for the system of care that shall, at a

                                  18

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1  minimum, include, but is not limited to, the following

  2  programs and services:

  3         1.  Prevention services.

  4         2.  Home-based services.

  5         3.  School-based services.

  6         4.  Respite.

  7         5.  Outpatient treatment.

  8         6.  Day treatment.

  9         7.  Crisis stabilization.

10         8.  Therapeutic homes.

11         9.  Specialized therapeutic foster care homes.

12         10.  Residential treatment.

13         11.  Inpatient hospitalization.

14         12.  Child sex offender victim services.

15         (c)  "Prevailing market rate" means the annually

16  determined 75th percentile of a reasonable frequency

17  distribution of market rate in a predetermined geographic

18  market at which mental health providers charge for a service

19  or treatment.

20         (2)  The department shall establish a

21  purchase-of-services system to reimburse qualified providers,

22  including community mental health centers and professionals

23  licensed pursuant to chapters 458, 459, 490, and 491.

24         (a)  To the extent that funding is available,  the

25  department shall negotiate with providers for the most

26  competitive rates available.

27         (b)  Reimbursement rates to providers shall not exceed

28  the prevailing market rate for services in a predetermined

29  geographic market.

30         (c)  The payment system may not interfere with the

31  parents' decision as to the appropriateness of the services.

                                  19

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1         (d)  The department shall develop specific

  2  reimbursement, accounting, and monitoring systems to ensure

  3  the validity of charges for services from providers.

  4         (e)  The department shall make timely payments as

  5  required by applicable law for services rendered by a

  6  provider.

  7         Section 13.  Section 394.496, Florida Statutes, is

  8  created to read:

  9         394.496  Children's Mental Health Partnership Grants.--

10         (1)  It is the intent of the Legislature to:

11         (a)  Promote public/private partnerships to ensure that

12  children 12 years of age and under who are at risk of an

13  emotional disturbance or mental illness have the opportunity

14  to participate in programs and activities that will reduce

15  risk factors and strengthen protective factors. It is the

16  intent of the Legislature that communities be encouraged to

17  invest in innovative ways to assist these children to

18  successfully function in their families, schools, and

19  communities.

20         (b)  The Legislature further recognizes that the public

21  and private sectors, by working in partnership, can promote

22  and improve access to these programs and activities.

23         (2)  There is created the Children's Mental Health

24  Partnership Grants. The purpose of the Children's Mental

25  Health Partnership Grants is to utilize state funds as

26  incentives for matching local funds derived from local

27  governments, charitable foundations, and other sources, so

28  that Florida communities may create local flexible

29  partnerships to serve children 12 years of age and under who

30  are at risk of an emotional disturbance or mental illness.

31

                                  20

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1         (a)  Children's Mental Health Partnership Grants funds

  2  shall be used at the discretion of local communities to meet

  3  the needs of local communities in addressing risk factors in

  4  this population.

  5         (b)  Within available resources, Children's Mental

  6  Health Partnership Grants funds shall provide a

  7  dollar-for-dollar match from funds derived from local

  8  governments, charitable foundations, and other matching

  9  contributors.

10         (c)  The Children's Mental Health Partnership Grants

11  funds shall be used for specific programs and activities to

12  address risk factors in this population.

13         (3)  The department shall establish a grant application

14  process for the Children's Mental Health Partnership Grants.

15         (a)  In order to be considered for the Children's

16  Mental Health Partnership Grants, the community shall commit

17  to:

18         1.  Matching the grant funds on a dollar-for-dollar

19  basis; and

20         2.  Expending the funds only on the programs or

21  activities delineated in the grant application.

22         (b)  Each grant application shall delineate performance

23  outcomes and performance measures for each program or activity

24  funded.

25         (4)  The department shall consider the following in

26  awarding such grants:

27         (a)  The number of children in the target population

28  within the geographical area to be served by the program.

29         (b)  The validity and cost-effectiveness of the

30  program.

31

                                  21

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1         (c)  The validity of the performance outcomes and

  2  measures, in measuring the impact of the program on the target

  3  population.

  4         (5)  The department shall make available to anyone

  5  wishing to apply for such a grant information on all of the

  6  criteria to be used in the selection of the proposals for

  7  funding pursuant to the provisions of this section.

  8         (6)  If no funds are appropriated for the purpose

  9  delineated in this section, the department may reallocate up

10  to 10 percent of the funds appropriated for children's mental

11  health to fund Children's Mental Health Partnership Grants.

12         Section 14.  Section 394.497, Florida Statutes, is

13  created to read:

14         394.497  Contracting powers.--

15         (1)  The department is authorized to contract with

16  receiving facilities and crisis stabilization units to provide

17  emergency stabilization for persons in crisis situations.

18         (2)  The department and the Agency for Health Care

19  Administration are authorized to contract for services or

20  other functions or to preauthorize the purchase of services or

21  other functions, as necessary to address any limitations

22  imposed by:

23         (a)  The supply of the service or function.

24         (b)  The availability of the service or function.

25         (c)  The capacity or capability of a district to

26  implement the provisions of this part.

27         (d)  Other conditions imposed by the service market.

28         (3)  It is the intent of the Legislature that the

29  purchase-of-services system as delineated in s. 394.495 be the

30  primary method to acquire needed services for the target

31  population and that other methods available to the department

                                  22

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1  to secure services be judiciously applied by the department.

  2  On an annual basis, the department shall provide a report to

  3  the Legislature, as part of the requirement to report

  4  performance outcome and performance measures pursuant to s.

  5  216.0166, indicating statewide, and for each district,

  6  utilization statistics and service type, and monetary value of

  7  purchase of services, contracts, performance contracts, and

  8  preauthorized purchase of services to secure services for

  9  children as delineated in this part.

10         Section 15.  Section 394.499, Florida Statutes, is

11  created to read:

12         394.499  Rules and related policy; federal waivers.--

13         (1)  The department or the Agency for Health Care

14  Administration may apply for federal waivers that further

15  facilitate the policy for the administration and operation of

16  the children's mental health system as provided in this part.

17         (2)  The department shall adopt a specific rule for a

18  process to resolve conflict or disagreement that arises

19  regarding the treatment of a child, among a provider, case

20  manager, services planning team, and other relevant parties.

21         Section 16.  The introductory paragraph and paragraph

22  (c) of subsection (8) of section 411.203, Florida Statutes,

23  are amended, subsection (9) is renumbered as subsection (10),

24  and a new subsection (9) is added to said section, to read:

25         411.203  Continuum of comprehensive services.--The

26  Department of Education and the Department of Children and

27  Family Health and Rehabilitative Services shall utilize the

28  continuum of prevention and early assistance services for

29  high-risk pregnant women and for high-risk and handicapped

30  children and their families, as outlined in this section, as a

31  basis for the intraagency and interagency program

                                  23

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1  coordination, monitoring, and analysis required in this

  2  chapter.  The continuum shall be the guide for the

  3  comprehensive statewide approach for services for high-risk

  4  pregnant women and for high-risk and handicapped children and

  5  their families, and may be expanded or reduced as necessary

  6  for the enhancement of those services.  Expansion or reduction

  7  of the continuum shall be determined by intraagency or

  8  interagency findings and agreement, whichever is applicable.

  9  Implementation of the continuum shall be based upon applicable

10  eligibility criteria, availability of resources, and

11  interagency prioritization when programs impact both agencies,

12  or upon single agency prioritization when programs impact only

13  one agency.  The continuum shall include, but not be limited

14  to:

15         (8)  SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND

16  PARENTS OF HIGH-RISK CHILDREN.--

17         (c)  Parent education and counseling, including, but

18  not limited to, methods to stimulate brain development in

19  infants and toddlers.

20         (9)  FAMILY BEHAVIORAL AND SKILL TRAINING FOR PARENTS

21  AND OTHER CAREGIVERS.--

22         (a)  The development of specific parental skills,

23  particularly problem-solving skills, to help a parent better

24  handle crises and stresses.

25         (b)  Parental or caregiver activities to promote a

26  child's sense of identity and self-esteem.

27         (c)  Strategies to increase the likelihood that

28  children learn favorable behaviors.

29         (d)  Strategies to decrease inappropriate or

30  unfavorable childhood behaviors.

31

                                  24

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1         Section 17.  Paragraph (c) of subsection (5) of section

  2  411.204, Florida Statutes, is amended to read:

  3         411.204  Program evaluation design and conduct;

  4  independent third-party evaluation.--

  5         (5)

  6         (c)  The uniform evaluation design system shall

  7  include, but not be limited to, the following:

  8         1.  Activities and programs related to intraagency and

  9  interagency coordination and to the State Coordinating Council

10  for Early Childhood Services established pursuant to s.

11  411.222.

12         2.  Evaluation of the management systems and procedures

13  for the continuum as set forth in s. 411.203(10)(9)(f).

14         3.  Activities and prototypes related to comprehensive

15  services for high-risk infants and toddlers and their families

16  as specified in part III.

17         4.  Program evaluation of ss. 230.2303, 402.27, 402.28,

18  402.45, and 402.47 and other programs directly related to the

19  intent of this chapter.

20

21  Such evaluation design system shall be based upon the

22  achievement of desired outcomes resulting from prevention or

23  early intervention efforts.

24         Section 18.  Sections 394.50, 394.56, 394.57, 394.58,

25  394.59, 394.60, 394.61, and 394.62, Florida Statutes, are

26  hereby repealed.

27         Section 19.  The Department of Children and Family

28  Services shall implement the provisions of part III of chapter

29  394, Florida Statutes, as contained in this act, in each

30  district of the department by July 1, 1998.

31         Section 20.  This act shall take effect July 1, 1997.

                                  25

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






    Florida House of Representatives - 1997                HB 1991

    602-105A-97






  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Repeals provisions relating to children's residential and
  4    day treatment centers. Establishes a children's mental
      health system of care, to be implemented by the
  5    Department of Children and Family Services beginning July
      1, 1998. Provides guiding principles and definitions.
  6    Defines target populations. Provides general performance
      outcomes to be achieved. Directs the department and the
  7    Agency for Health Care Administration to establish an
      information and referral process. Directs the department,
  8    agency, Department of Health, Department of Education,
      and Department of Juvenile Justice to establish uniform
  9    standards and protocols for screening, assessment, and
      diagnosis. Provides for uniform assessment services in
10    the department's districts. Provides for district
      children's mental health services planning teams.
11    Specifies requirements for services plans and case
      management. Provides an administrative penalty for
12    noncompliance. Specifies minimum programs and services.
      Establishes a children's mental health provider
13    qualification process, and provides for market rate
      reimbursement and a purchase-of-services system. Provides
14    for Children's Mental Health Partnership Grants to
      promote programs and activities for certain children at
15    risk. Authorizes department and agency contracts for
      services. Provides for rules and related policy, and
16    authorizes application for federal waivers. Provides for
      family behavioral and skills training for parents and
17    caregivers.

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  26