Senate Bill 2234

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    Florida Senate - 1998                                  SB 2234

    By Senator Klein





    28-912A-98

  1                      A bill to be entitled

  2         An act relating to mental health partial

  3         hospitalization programs; creating s. 394.92,

  4         F.S.; authorizing services, license

  5         requirements, and penalties; creating s.

  6         394.921, F.S.; providing definitions; creating

  7         s. 394.922, F.S.; requiring an application;

  8         creating s. 394.923, F.S.; requiring background

  9         screening; creating s. 394.424, F.S.;

10         authorizing fees for licensure and license

11         renewal; creating s. 394.925, F.S.; providing

12         for the issuance and renewal of licenses;

13         creating s. 394.926, F.S.; providing for

14         program standards and rules; creating s.

15         394.927, F.S.; requiring a quality assurance

16         program; creating s. 394.928, F.S.; providing

17         for enforcement; providing penalties; creating

18         s. 394.929, F.S.; providing for inspection,

19         right of entry, and records; creating s.

20         394.93, F.S.; providing for denial, suspension,

21         and revocation of licenses; creating s.

22         394.931, F.S.; requiring the reporting of

23         adverse incidents; creating s. 394.932, F.S.;

24         providing for access to records; creating s.

25         394.933, F.S.; providing penalties for the

26         alteration and improper disposal of patients'

27         records; creating s. 394.935, F.S.; providing

28         for compliance with patients' rights

29         provisions; creating s. 394.936, F.S.;

30         prohibiting rebates; providing penalties for

31         accepting rebates; creating s. 394.937, F.S.;

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  1         providing criteria for admitting patients;

  2         creating s. 394.938, F.S.; requiring partial

  3         hospitalization programs to be conducted on

  4         licensed premises; providing an effective date.

  5

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

  7

  8         Section 1.  Section 394.92, Florida Statutes, is

  9  created to read:

10         394.92  Mental health partial hospitalization programs;

11  authorized services; license required; penalties.--

12         (1)(a)  Authorized services.--The purpose of a mental

13  health partial hospitalization program is to treat patients

14  who exhibit severe or disabling conditions related to an acute

15  psychiatric or psychological condition or an acute

16  exacerbation of a severe and persistent mental disorder.

17  Mental health partial hospitalization may occur in lieu of

18  either admission to an inpatient hospital or a continued

19  inpatient hospitalization or residential care provided in a

20  level I or level II residential treatment facility licensed

21  under chapter 394. A mental health partial hospitalization

22  program provides a structured program that uses a

23  multidisciplinary team composed primarily of licensed mental

24  health professionals and other staff qualified to provide

25  comprehensive, coordinated services within an individual

26  treatment plan. Mental health partial hospitalization is an

27  outpatient program that is provided to a specific patient for

28  no more than 23 hours during any 24-hour period. A mental

29  health partial hospitalization program provides highly

30  intensive treatments intended to stabilize an acute

31  psychiatric condition and not primarily intended to provide

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  1  rehabilitation for long-term disabilities resulting from

  2  long-term mental disorders.

  3         (b)  Components.--A mental health partial

  4  hospitalization program must offer a comprehensive array of

  5  services and must include the following program components:

  6  individual and group therapy with physicians or psychologists

  7  or other mental health professionals practicing within the

  8  scope of their licensure; occupational therapy requiring the

  9  skills of a qualified occupational therapist; services of

10  trained psychiatric nurses and other staff trained to work

11  with psychiatric patients; drugs and biologicals furnished for

12  therapeutic purposes; individualized activity therapies that

13  are not primarily recreational or diversionary; family

14  counseling that has the primary purpose of treating the

15  individual's condition; patient training and education that

16  clearly relate to the individual's care and treatment; and

17  diagnostic services.

18         (2)  Beginning October 1, 1998, it is unlawful for any

19  entity to hold itself out as a mental health partial

20  hospitalization program, or to act as a mental health partial

21  hospitalization program, unless it is licensed by the agency

22  under this chapter. This subsection is inapplicable to a

23  partial hospitalization program that is operated by a hospital

24  licensed under chapter 395.

25         (3)  Any person who violates subsection (2) commits a

26  misdemeanor of the first degree, punishable as provided in s.

27  775.082 or s. 775.083.

28         Section 2.  Section 394.921, Florida Statutes, is

29  created to read:

30         394.921  Definitions.--As used in ss. 394.92-394.938,

31  unless the context clearly requires otherwise, the term:

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  1         (1)  "Agency" means the Agency for Health Care

  2  Administration.

  3         (2)  "Department" means the Department of Children and

  4  Family Services.

  5         (3)  "Licensed facility" means a facility licensed in

  6  accordance with this chapter.

  7         (4)  "Licensee" means the owner of a facility, whether

  8  the owner is a corporation, a partnership, or an individual.

  9         (5)  "Mental health professionals" means clinical

10  psychologists, clinical social workers, physicians,

11  psychiatrists, and psychiatric nurses, as defined in s.

12  394.455.

13         (6)  "Premises" means those buildings and facilities

14  located at the address of the licensed program and used for

15  the provision of mental health partial hospitalization

16  services.

17         Section 3.  Section 394.922, Florida Statutes, is

18  created to read:

19         394.922  Applications.--

20         (1)  Any person who wishes to be licensed under ss.

21  394.92-394.938 to provide mental health partial

22  hospitalization services must apply to the agency on forms

23  provided by the agency. The application must contain:

24         (a)  The name and address of the applicant, the name of

25  the facility, and the address of the facility.

26         (b)1.  If the applicant is a partnership, association,

27  or other form of entity other than an individual or a

28  corporation, the name and address of each member or owner of

29  the entity.

30         2.  If the applicant is a corporation, the name and

31  address of each director or officer and the name and address

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  1  of each person who holds at least a 5-percent ownership

  2  interest in the corporation.

  3         (c)  Such information as the agency considers necessary

  4  to establish the character and competency of the applicant and

  5  of the administrator of the facility. The information that

  6  applicants must provide includes, but is not limited to, a

  7  sworn statement, made in accordance with s. 287.133(3)(b),

  8  relating to public entity crimes.

  9         (d)  Such information as the agency considers necessary

10  to determine the ability of the applicant to demonstrate its

11  capacity to comply with rules adopted by the agency under ss.

12  394.92-394.938.

13         (2)  The applicant for initial licensure shall furnish

14  proof satisfactory to the agency of its financial ability to

15  operate the unit or facility in accordance with ss.

16  394.92-394.938, which may be accomplished by submitting to the

17  agency a surety bond in the amount of $50,000. An applicant

18  for an original license shall submit a balance sheet and a

19  statement projecting revenues, expenses, taxes, extraordinary

20  items, and other credits and charges for the first 6 months of

21  operation.

22         (3)  Each applicant for licensure must undergo

23  background screening in accordance with the following

24  procedures:

25         (a)  As used in this subsection, the term:

26         1.  "Affiliated person" means any person who, directly

27  or indirectly, manages, controls, or oversees the operation of

28  a corporation or other business entity that is a licensee,

29  regardless of whether the person is a partner, a shareholder,

30  an owner, an officer, a director, an agent, or an employee of

31  the entity.

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  1         2.  "Applicant" means an individual applicant, or any

  2  officer, director, agent, managing employee, or affiliated

  3  person, or any partner or shareholder who has an ownership

  4  interest of 5 percent or more in the corporation, partnership,

  5  or other business entity.

  6         3.  "Director" means any member of the official board

  7  of directors reported in the organization's annual corporate

  8  report to the Department of State, or, if no such report is

  9  made, any member of the operating board of directors. The term

10  excludes members of separate, restricted boards that serve

11  only in an advisory capacity to the operating board.

12         4.  "Managing employee" means the administrator or

13  other similarly titled individual who is responsible for the

14  daily operation of the facility.

15         (b)  Upon receipt of a completed, signed, and dated

16  application, the agency shall undertake background screening

17  of the applicant, using the level 2 standards set forth in

18  chapter 436.

19         (c)  Each applicant must submit to the Department of

20  Law Enforcement the information, including a full set of

21  fingerprints, which is necessary to enable a criminal

22  background investigation to be conducted, including a state

23  criminal-history and juvenile-history record check. The

24  Department of Law Enforcement shall forward the fingerprints

25  to the Federal Bureau of Investigation for a national

26  criminal-history record check. Upon completion of the state

27  and national criminal-history record checks, the Department of

28  Law Enforcement shall report the findings to the agency. The

29  actual cost of such state and national criminal-history record

30  checks must be borne by the applicant.

31

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  1         (d)  Each applicant must submit to the Department of

  2  Children and Family Services all information that is necessary

  3  for conducting a record check through the central abuse

  4  registry. The actual cost of searching the central abuse

  5  registry must be borne by the applicant.

  6         (e)  A license may not be granted to an applicant who

  7  has been found guilty of, regardless of adjudication, or has

  8  entered a plea of nolo contendere or guilty to, any offense

  9  prohibited under the level 2 standards of chapter 435. A

10  license may not be granted to any applicant who has a

11  confirmed report of abuse, neglect, or exploitation, as

12  defined in s. 415.102, which has been uncontested or upheld

13  under s. 415.1075, or who has a proposed confirmed report that

14  remains unserved and is maintained in the central abuse

15  registry and tracking system pursuant to s. 415.1065(2)(c).

16         (f)  Each applicant must submit to the agency with the

17  application information concerning any previous violation by

18  the applicant, any fine, suspension, or termination that has

19  been imposed on the applicant under the laws or rules of this

20  state or any other state, and any information concerning any

21  previous violation by the applicant of the laws, rules, or

22  regulations relating to the Medicaid or Medicare programs.

23         (g)  The agency may deny licensure to any applicant

24  who:

25         1.  Has falsely represented a material fact in the

26  application or has omitted from the application any material

27  fact, including, but not limited to, the fact that a

28  controlling or ownership interest is held by any officer,

29  director, agency, managing employee, affiliated person,

30  partner, or shareholder who may not be eligible to

31  participate;

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  1         2.  Has previously been found by any licensing,

  2  certifying, or professional standards board of the Department

  3  of Health to have violated the standards or conditions

  4  relating to licensure or certification or the quality of

  5  services provided; or

  6         3.  Has been or is currently excluded, suspended, or

  7  terminated from, or has involuntarily withdrawn from,

  8  participation in the Medicaid program of this or any other

  9  state or from participation in the Medicare program or any

10  other governmental health care or health insurance program.

11         (h)  Upon renewal of licensure, each applicant must

12  submit to the agency, under penalty of perjury, an affidavit

13  of compliance with the background screening provisions of this

14  section.

15         (i)  Proof of compliance with the level 2 background

16  screening requirements of chapter 435 which has been submitted

17  within the previous 5 years in compliance with any other

18  health care licensure requirements of this state is acceptable

19  in fulfillment of the Department of Law Enforcement and

20  Department of Children and Family Services background check if

21  the proof of compliance is accompanied, under penalty of

22  perjury, by an affidavit of compliance with these background

23  screening provisions. 

24         (4)  The applicant shall provide proof of liability

25  insurance coverage in amounts set by the agency by rule.

26         (5)  The agency must disapprove an application for such

27  a license if it determines that a program should not be

28  licensed under ss. 394.92-394.938.

29         Section 4.  Section 394.923, Florida Statutes, is

30  created to read:

31         394.923  Background screening.--

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  1         (1)(a)  The owner or operator of a facility that

  2  provides mental health partial hospitalization services shall

  3  conduct level 1 background screening, including

  4  criminal-history record checks and abuse-registry checks, on

  5  all direct-care employees in accordance with chapter 435.

  6  Background-screening forms provided by the agency must be used

  7  for this purpose.

  8         (b)  Pursuant to chapter 435, an employee may not be

  9  retained if the employee is not of suitable character or

10  competency as indicated by the results of the criminal-history

11  record check or abuse-registry check conducted in connection

12  with the background screening. The agency may exempt an

13  individual from disqualification for employment in accordance

14  with chapter 435.

15         (2)  When an employee, a volunteer, an operator, or an

16  owner of a mental health partial hospitalization facility has

17  a confirmed report of adult abuse, neglect, or exploitation,

18  as defined in s. 415.102, and the protective investigator

19  knows that the individual is an employee, a volunteer, an

20  operator, or an owner of the facility, the agency must be

21  notified of the confirmed report.

22         Section 5.  Section 394.924, Florida Statutes, is

23  created to read:

24         394.924  Fees.--

25         (1)  Each application for licensure or renewal of

26  licensure to provide mental health partial hospitalization

27  services must be accompanied by a fee set by the agency by

28  rule. Such fees must be calculated to cover only the

29  reasonable cost of regulation under ss. 394.92-394.938.

30         (2)  All fees collected under this section must be

31  deposited in the Health Care Trust Fund.

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  1         Section 6.  Section 394.925, Florida Statutes, is

  2  created to read:

  3         394.925  Issuance and renewal of licenses.--

  4         (1)  Upon reviewing the application for licensure to

  5  provide mental health partial hospitalization services and

  6  receiving appropriate fees, the agency shall issue an original

  7  license or a renewal license to any applicant who meets the

  8  requirements of ss. 394.92-394.938.

  9         (2)  A license is valid for a period of 1 year. An

10  applicant for renewal of a license must apply to the agency at

11  least 90 days before the current license expires.

12         (3)  A license may not be transferred from one entity

13  to another and is valid only for the premises for which it was

14  originally issued. As used in this subsection, the term

15  "transfer" includes, but is not limited to, transfer of a

16  majority of the ownership interests in a licensee or transfer

17  of responsibilities under the license to another entity by

18  contract.

19         (4)  The agency may issue a probationary license to an

20  applicant who has completed the application requirements of

21  ss. 394.92-394.938 but has not, at the time of submitting the

22  application, developed an operational mental health partial

23  hospitalization program. The probationary license expires 90

24  days after its issuance and may be renewed once for an

25  additional 90-day period. The agency may revoke a probationary

26  license in accordance with s. 394.929.

27         (5)  The agency may issue an interim license to an

28  applicant who has substantially completed all requirements for

29  applying for a renewal license and has initiated action to

30  fully meet the requirements for such licensure. The interim

31  license expires 90 days after its issuance and, in cases of

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  1  extreme hardship, may be renewed once for an additional 90-day

  2  period.

  3         (6)  Any applicant who fails to file an application for

  4  license renewal during the 90-day relicensure period is

  5  considered unlicensed and is subject to penalties under s.

  6  394.92.

  7         Section 7.  Section 394.926, Florida Statutes, is

  8  created to read:

  9         394.926  Program standards; rules.--

10         (1)  The agency shall adopt reasonable rules that

11  provide minimum standards for mental health partial

12  hospitalization programs to ensure that:

13         (a)  Sufficient numbers and types of professional and

14  qualified personnel are on duty and available at all times to

15  provide necessary and adequate client safety and effective

16  care.

17         (b)  Adequate space is provided to each client of a

18  licensed program.

19         (c)  Each licensee establishes and implements adequate

20  dietary services, when applicable, housekeeping, sanitation,

21  and facility services, disaster planning, emergency medical

22  response, treatment planning, and medical recordkeeping.

23         (d)  Each program has a psychiatrist, licensed under

24  chapter 458 or chapter 459, who is the program medical

25  director and establishes general medical policies for the

26  program.

27         (e)  The medical director or another licensed physician

28  is on call 24 hours a day.

29         (2)  Minimum firesafety standards shall be established

30  and enforced by the State Fire Marshal in cooperation with the

31  agency. Such standards must be included in a rule that is

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  1  adopted by the agency after consultation with the State Fire

  2  Marshal.

  3         (3)  The grounds and buildings must be maintained in a

  4  safe and sanitary condition, as required in s. 386.01.

  5         Section 8.  Section 394.927, Florida Statutes, is

  6  created to read:

  7         394.927  Mental health partial hospitalization

  8  programs; quality assurance programs.--

  9         (1)  Effective January 1, 1999, any mental health

10  partial hospitalization program licensed under ss.

11  394.92-394.938 shall have an ongoing quality assurance

12  program. The purpose of the quality assurance program is to

13  objectively and systematically monitor and evaluate the

14  appropriateness, effectiveness, and quality of client care; to

15  ascertain that patients who are admitted to the program

16  require levels of care appropriate for partial hospitalization

17  programs; and to ensure that the services rendered are

18  consistent with reasonable, prevailing professional standards

19  and resolve identified problems.

20         (2)  Each program shall develop internal policies for

21  quality assurance and a plan of operation that describes the

22  program's quality assurance program. These policies must

23  comply with standards developed by the agency by rule. These

24  internal policies must include, but are not limited to:

25         (a)  Procedures, instruments, and schedules for initial

26  and periodic clinical assessment of patients, including

27  procedures for monitoring outcomes, using state-approved

28  methodologies;

29         (b)  Standards for the admission and continued stay of

30  patients;

31

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  1         (c)  Standards for the provision of patient care,

  2  including ongoing improvement of clinical treatment

  3  guidelines;

  4         (d)  Procedures for the maintenance of client records

  5  and charting;

  6         (e)  Policies and procedures for staff development and

  7  training which are aimed at improving quality;

  8         (f)  Standards and policies for staff credentialing and

  9  for the supervision of nonlicensed staff;

10         (g)  Procedures for peer review and resource

11  utilization;

12         (h)  Policies and procedures for adverse-incident

13  reporting which include verification of corrective action to

14  remediate or minimize incidents and provide for reporting such

15  incidents to the agency within a timeframe prescribed by rule;

16         (i)  Policies and procedures for referral to other

17  services and supports needed during treatment or upon

18  discharge from the program.

19         (3)  The plan of operation must be submitted to the

20  chief executive officer or director of the program for

21  approval, and a copy must be provided to the agency.

22         (4)  The quality assurance program is to be directly

23  answerable to the chief executive officer or director of the

24  program and is subject to review by the governing board of the

25  licensed program, if it has a governing board.

26         (5)  The quality assurance program must be under the

27  immediate supervision and control of a mental health

28  professional who has documented training and education in

29  quality improvement and who must approve the plan in its

30  entirety and ensure the integrity of its implementation by

31  continuous monitoring.

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  1         Section 9.  Section 394.928, Florida Statutes, is

  2  created to read:

  3         394.928  Enforcement.--

  4         (1)  The agency shall allow any mental health partial

  5  hospitalization program that is in operation at the time of

  6  adoption of any rule authorized by ss. 394.92-394.938 a

  7  reasonable period, not to exceed 6 months, to bring itself

  8  into compliance with the rule.

  9         (2)  The agency may impose an administrative penalty of

10  no more than $1,000 per day against any licensee that violates

11  any rule adopted under ss. 394.92-394.938 and may suspend or

12  revoke the license or deny the renewal application of the

13  licensee. In imposing such a penalty, the agency shall

14  consider the severity of the violation, actions taken by the

15  licensee to correct the violation, and previous violations

16  committed by the licensee. Fines collected under this

17  subsection must be deposited in the Health Care Trust Fund.

18         (3)  The agency shall maintain an action in circuit

19  court to enjoin the unlawful operation of an unlicensed mental

20  health partial hospitalization program, impose restrictions on

21  admissions, and impose fines against such programs.

22         Section 10.  Section 394.929, Florida Statutes, is

23  created to read:

24         394.929  Inspection; right of entry; records.--

25         (1)(a)  The agency may enter and inspect at any time a

26  licensed mental health partial hospitalization facility to

27  determine whether the facility is in compliance with ss.

28  394.92-394.938 and the rules of the agency.

29         (b)  The agency shall conduct an annual licensure

30  inspection of all mental health partial hospitalization

31  programs.

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  1         (c)  The agency may enter and inspect any premises that

  2  it has probable cause to suspect may be operating as an

  3  unlicensed mental health partial hospitalization program;

  4  however, such an entry and inspection may be made only with

  5  the permission of the person in charge of the premises or

  6  pursuant to a warrant.

  7         (d)  Any application for licensure under ss.

  8  394.92-394.938 constitutes full permission for the agency to

  9  enter and inspect the premises of the applicant or licensee at

10  any time.

11         (2)  For purposes of monitoring and investigation, the

12  department and the agency shall have access to the clinical

13  records of any client of a licensee, the provisions of s.

14  394.4615 to the contrary notwithstanding.

15         (3)  The agency shall schedule periodic inspections of

16  licensees so as to minimize the cost to the licensees and the

17  disruption of the licensees' programs. This subsection does

18  not limit the authority of the agency to inspect the program

19  of a licensee at any time.

20         (4)  Each licensee shall maintain as public

21  information, available to any person upon request, copies of

22  all reports of inspections of the licensee which are filed

23  with or issued by any governmental agency or accrediting body

24  during the preceding 5-year period. The licensee shall furnish

25  a copy of the report on the most recent inspection conducted

26  by the agency to any person upon payment of a reasonable

27  charge for copying. Such reports must be made available for

28  inspection on licensed premises.

29         Section 11.  Section 394.93, Florida Statutes, is

30  created to read:

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  1         394.93  Denial, suspension, and revocation of licenses;

  2  other remedies.--

  3         (1)  The agency may issue an emergency order suspending

  4  or revoking a license of a mental health partial

  5  hospitalization program if the agency determines that the

  6  continued operation of the licensed program presents a clear

  7  and present danger to the public health or safety.

  8         (2)  The agency may impose a moratorium on admissions

  9  to a licensee or to any program or portion of a licensed

10  program if the agency determines that any condition in the

11  program presents a threat to the public health or safety.

12         (3)  If the agency determines that an applicant or

13  licensee is not in compliance with ss. 394.92-394.938 or the

14  rules adopted under those sections, the agency shall deny,

15  suspend, or revoke the license or application or may suspend,

16  revoke, or impose reasonable restrictions on any portion of

17  the license. If a license is revoked, the licensee is barred

18  from submitting any application for licensure to the agency

19  for a period of 2 years after the revocation.

20         (4)  The agency shall maintain an action in circuit

21  court to enjoin the operation of any licensed or unlicensed

22  program that is in violation of ss. 394.92-394.938 or the

23  rules adopted under those sections.

24         (5)  License denial, suspension, or revocation

25  procedures must be in accordance with chapter 120.

26         Section 12.  Section 394.931, Florida Statutes, is

27  created to read:

28         394.931  Incident reporting.--Incident reporting is the

29  affirmative duty of all staff of a mental health partial

30  hospitalization program. Any person who files an incident

31

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  1  report may not be subjected to any civil action by virtue of

  2  such incident report.

  3         Section 13.  Section 394.932, Florida Statutes, is

  4  created to read:

  5         394.932  Access to records.--The agency has access to

  6  all records necessary to determine agency compliance with ss.

  7  394.92-394.938.

  8         Section 14.  Section 394.933, Florida Statutes, is

  9  created to read:

10         394.933  Patients' records; penalties for altering.--

11         (1)  Any person who fraudulently alters, defaces,

12  improperly disposes of, or falsifies any medical record, or

13  causes or solicits any of these offenses to be committed,

14  commits a misdemeanor of the second degree, punishable as

15  provided in s. 775.082 or s. 775.083.

16         (2)  A conviction under subsection (1) is grounds for

17  restriction, suspension, or termination of licensure.

18         Section 15.  Section 394.935, Florida Statutes, is

19  created to read:

20         394.935  Patients' rights.--Mental health partial

21  hospitalization programs shall comply fully with all patients'

22  rights provisions of part I of chapter 394.

23         Section 16.  Section 394.936, Florida Statutes, is

24  created to read:

25         394.936  Rebates prohibited; penalties.--

26         (1)  It is unlawful for any person to pay or receive

27  any commission, bonus, kickback, or rebate, or to engage in

28  any split-fee arrangement, in any form whatsoever, with any

29  physician, surgeon, organization, or person, either directly

30  or indirectly, for patients referred to a licensed mental

31  health partial hospitalization program.

                                  17

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    Florida Senate - 1998                                  SB 2234
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  1         (2)  The agency shall adopt rules for assessing

  2  administrative penalties for acts prohibited in subsection

  3  (1). Penalties applicable to an entity that is licensed by the

  4  agency may include any disciplinary action available to the

  5  agency under the appropriate licensing laws. Penalties

  6  applicable to an entity that is not licensed by the agency may

  7  include:

  8         (a)  A fine in an amount not exceeding $1,000 per day.

  9         (b)  If applicable, a recommendation by the agency to

10  the appropriate licensing board that disciplinary be taken.

11         Section 17.  Section 394.937, Florida Statutes, is

12  created to read:

13         394.937  Admission of patients.--A patient may be

14  admitted to a mental health partial hospitalization program

15  only by a psychiatric physician who is licensed under chapters

16  458 and 459. Before admitting a patient, the psychiatric

17  physician must certify, after a face-to-face evaluation of the

18  patient, that mental health partial hospitalization services

19  are reasonable and necessary for the diagnosis or active

20  treatment of the individual's condition and can reasonably be

21  expected to improve or maintain the individual's condition and

22  functional level and to prevent relapse or hospitalization and

23  that the patient would meet level-of-care requirements for

24  acute inpatient hospitalization if not for provision of mental

25  health partial hospitalization services.

26         Section 18.  Section 394.938, Florida Statutes, is

27  created to read:

28         394.938  Licensed premises.--A mental health partial

29  hospitalization program must be conducted on premises that are

30  licensed specifically for that program. The mental health

31  partial hospitalization program may not be conducted on

                                  18

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    Florida Senate - 1998                                  SB 2234
    28-912A-98




  1  premises that are licensed for any purpose other than for

  2  programs licensed under chapter 394, chapter 395, or chapter

  3  397.

  4         Section 19.  This act shall take effect October 1,

  5  1998.

  6

  7            *****************************************

  8                          SENATE SUMMARY

  9    Creates ss. 394.92-394.938, F.S., which sections provide
      for mental health partial hospitalization programs.
10    Provides for licensure. Provides requirements and
      provides penalties for violations. (See bill for
11    details.)

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