House Bill 2111

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







    Florida House of Representatives - 1999                HB 2111

        By the Committee on Health Care Services and
    Representative Peaden





  1                      A bill to be entitled

  2         An act relating to mental health and substance

  3         abuse; establishing a commission on mental

  4         health and substance abuse; providing

  5         membership and duties; providing for an

  6         advisory committee; providing for staff and

  7         meetings; requiring reports and

  8         recommendations; providing appropriations;

  9         authorizing the Department of Children and

10         Family Services to use unit-costing contract

11         payments for a specified time period;

12         authorizing reimbursement of expenditures for

13         certain contracts; providing for rules;

14         providing an effective date.

15

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

17

18         Section 1.  Commission on Mental Health and Substance

19  Abuse.--

20         (1)  FINDINGS.--The Legislature finds that:  major

21  changes and improvements have occurred in how health care

22  services are planned, purchased, delivered, coordinated, and

23  accounted for; the management of the state's substance abuse

24  and mental health services system delineated in part IV of

25  chapter 394, Florida Statutes, has not been systematically

26  reviewed and updated in over 15 years; and the management of

27  the state-supported mental health and substance abuse system

28  has not kept pace with improvements in the field, thereby

29  diminishing the potential efficacy of its investment in mental

30  health services and substance abuse services. Therefore, it is

31  the intent of the Legislature that a systematic review of the

                                  1

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






    Florida House of Representatives - 1999                HB 2111

    169-436-99






  1  overall management of the state's mental health and substance

  2  abuse system be conducted and that recommendations for

  3  updating part IV of chapter 394, Florida Statutes, and other

  4  related statutes be formulated.

  5         (2)  CREATION.--There is created, within the Executive

  6  Office of the Governor, the Commission on Mental Health and

  7  Substance Abuse.

  8         (3)  DUTIES.--The duties of the Commission on Mental

  9  Health and Substance Abuse include the following:

10         (a)  Conducting a review and evaluation of the

11  management and functioning of the existing publicly supported

12  mental health and substance abuse systems and services in the

13  Department of Children and Family Services, the Department of

14  Health, the Agency for Health Care Administration, and all

15  other departments which administer mental health and substance

16  abuse services.  Such review shall include, at a minimum, a

17  review of current goals and objectives, current planning,

18  service strategies, coordination management, purchasing,

19  contracting, financing, local government funding

20  responsibility, and accountability mechanisms. The commission

21  shall coordinate its activities and recommendations with the

22  Office of Drug Control of the Executive Office of the

23  Governor.

24         (b)  Addressing the unique mental health and substance

25  abuse needs of older persons, which shall be an integral

26  component of the duties of the commission as specified in

27  paragraph (a).

28         (c)  Addressing access to, and financing of, emergency

29  behavioral health care services.

30         (d)  Addressing the quality and effectiveness of

31  current mental health services delivery systems, professional

                                  2

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






    Florida House of Representatives - 1999                HB 2111

    169-436-99






  1  staffing and clinical structure of services, roles and

  2  responsibilities of public and private providers, such as

  3  community mental health centers and hospitals, including

  4  emergency services departments, and law enforcement.

  5         (e)  Formulating recommendations to the Governor and

  6  Legislature regarding the mission and objectives of

  7  state-supported mental health and substance abuse services and

  8  the planning, management, staffing, financing, contracting,

  9  coordination, and accountability mechanisms which will best

10  foster the recommended mission and objectives.

11         (4)  MEMBERSHIP.--The commission shall be composed of

12  22 members.

13         (a)  One member shall be a member of the Senate and

14  shall be appointed by the President of the Senate.

15         (b)  One member shall be a member of the House of

16  Representatives and shall be appointed by the Speaker of the

17  House of Representatives.

18         (c)  One member shall be the Secretary of Children and

19  Family Services or his or her designee.

20         (d)  One member shall be the Director of Health Care

21  Administration or his or her designee.

22         (e)  The following members shall be appointed by the

23  Governor:

24         1.  One consumer of the mental health delivery system.

25         2.  One family member of a consumer of the mental

26  health delivery system.

27         3.  One representative of county government.

28         4.  One representative of the Florida Mental Health

29  Institute.

30         5.  One corporate employer of a corporation that

31  provides mental health benefits to employees but is not in the

                                  3

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






    Florida House of Representatives - 1999                HB 2111

    169-436-99






  1  business of providing mental health or substance abuse

  2  services.

  3         6.  One representative of an acute care hospital with

  4  psychiatric beds or a mental health program.

  5         7.  One representative of a community mental health

  6  provider.

  7         8.  One representative of a community substance abuse

  8  provider.

  9         9.  A licensed psychiatrist working within the mental

10  health delivery system.

11         10.  A licensed psychologist working within the mental

12  health delivery system.

13         11.  Two other licensed mental health professionals.

14         12.  An emergency room physician.

15         13.  One representative of an insurer offering mental

16  and physical health insurance benefits.

17         14.  One representative of a specialty hospital

18  licensed pursuant to chapter 395, Florida Statutes, that

19  provides behavioral health care and addictive services.

20         15.  One representative from law enforcement.

21         16.  One representative from the judicial system.

22         17.  One representative of a child welfare agency

23  involved in the delivery of behavioral health services.

24         (5)  ADVISORY COMMITTEE.--The commission shall appoint

25  at least one advisory committee representative of all state

26  agencies involved in administering mental health and substance

27  abuse services, and consumers, family members of consumers,

28  and current providers of public mental health or substance

29  abuse services.

30         (6)  STAFF.--The Executive Office of the Governor shall

31  appoint an executive director recommended by the commission,

                                  4

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






    Florida House of Representatives - 1999                HB 2111

    169-436-99






  1  who shall provide professional expertise and arrange for

  2  required consultation, analysis, and secretarial/clerical

  3  support for the commission.  Additional staff support shall be

  4  provided by the Department of Children and Family Services.

  5         (7)  MEETINGS; REPORTS.--

  6         (a)  The commission shall conduct its first meeting no

  7  later than September 1999.

  8         (b)  The commission shall meet as often as necessary to

  9  fulfill its responsibilities.

10         (c)  Committees shall be assigned as needed, composed

11  of representatives of the commission and the advisory

12  committee, and employees of the involved state agencies.

13         (d)  All commission meetings shall be open to the

14  public and shall be held at various locations around the state

15  to facilitate public participation.

16         (e)  The commission shall elect a chairperson from

17  among its members.

18         (f)  The commission shall, as one of its first duties,

19  adopt rules of procedure which shall, at a minimum, include a

20  requirement that the recommendations of the commission be

21  adopted by at least two-thirds of those commission members

22  present.

23         (g)  The commission shall submit an interim report to

24  the Governor, the Speaker of the House of Representatives, and

25  the President of the Senate no later than March 1, 2000.

26         (h)  A final report with recommendations shall be

27  submitted to the Governor, the Speaker of the House of

28  Representatives, and the President of the Senate no later than

29  December 1, 2000.

30         (i)  Authorization for the Commission on Mental Health

31  and Substance Abuse expires effective May 15, 2001.

                                  5

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






    Florida House of Representatives - 1999                HB 2111

    169-436-99






  1         Section 2.  There is hereby appropriated for each of

  2  fiscal years 1999-2000 and 2000-2001 the sum of $75,000 from

  3  the General Revenue Fund and $75,000 from administrative funds

  4  available under Title XIX of the Social Security Act

  5  (Medicaid), to the Executive Office of the Governor to fund

  6  the Commission on Mental Health and Substance Abuse.

  7         Section 3.  Interim contract and payment

  8  authorization.--

  9         (1)  Notwithstanding s. 394.76(3)(a) and (c), Florida

10  Statutes, the Department of Children and Family Services may

11  use unit-costing methods of payment in contracts for

12  purchasing mental health and substance abuse services through

13  June 30, 2001. The unit-cost contracting system shall account

14  for those patient fees that are paid on behalf of a specific

15  client and those that are earned and used by the provider for

16  those services funded in whole or in part by the department.

17         (2)  The department may reimburse actual expenditures

18  for start-up contracts and fixed capital outlay contracts in

19  accordance with contract specifications for purchasing mental

20  health and substance abuse services.

21         (3)  The department shall adopt administrative rules

22  pursuant to chapter 120, Florida Statutes, to implement this

23  section.

24         Section 4.  This act shall take effect July 1, 1999.

25

26

27

28

29

30

31

                                  6

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






    Florida House of Representatives - 1999                HB 2111

    169-436-99






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

  2                          HOUSE SUMMARY

  3
      Creates the Commission on Mental Health and Substance
  4    Abuse, within the Executive Office of the Governor, to
      review and evaluate the existing mental health and
  5    substance abuse system and services. Provides for
      membership, duties, staff, advisory committees, and
  6    meetings. Requires reports with recommendations to the
      Governor and Legislature. Provides appropriations for
  7    fiscal years 1999-2000 and 2000-2001. Authorizes the
      Department of Children and Family Services to use
  8    unit-costing methods of payment for contracts for mental
      health and substance abuse services through June 30,
  9    2001, and to reimburse actual expenditures for start-up
      contracts and fixed capital outlay contracts for
10    purchasing mental health and substance abuse services.
      Authorizes department rules.
11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  7