Senate Bill 2546c1
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Florida Senate - 1999 CS for SB 2546
By the Committee on Children and Families; and Senator
Holzendorf
300-2202-99
1 A bill to be entitled
2 An act relating to mental health and substance
3 abuse services; amending s. 394.66, F.S.;
4 conforming references; amending s. 394.74,
5 F.S.; authorizing the Department of Children
6 and Family Services to use unit cost methods of
7 payment in contracts for mental health and
8 substance abuse services; amending s. 394.78,
9 F.S.; requiring the department to establish
10 certain contract, payments, and accounting
11 standards; establishing the Commission on
12 Mental Health and Substance Abuse; providing
13 membership and duties; providing for an
14 advisory committee; providing for staff and
15 meetings; requiring an interim report;
16 providing an appropriation; amending s.
17 397.419, F.S.; providing quality assurance
18 program requirements for substance abuse
19 services; providing for district quality
20 assurance coordinators, contingent upon
21 specific appropriation; creating s. 397.92,
22 F.S.; providing goals of the children's
23 substance abuse services system; creating s.
24 397.93, F.S.; specifying target populations;
25 creating s. 397.94, F.S.; requiring each
26 district of the Department of Children and
27 Family Services to develop a children's
28 substance abuse information and referral
29 network by a specified date; creating s.
30 397.95, F.S.; requiring certain service
31 providers to comply with licensure requirements
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1 and department rules; creating s. 397.951,
2 F.S.; providing for the integration of
3 treatment and sanctions; creating s. 397.96,
4 F.S.; providing for intensive case management
5 for certain complex cases; creating s. 397.97,
6 F.S.; creating the Children's Network of Care
7 Demonstration Models for local delivery of
8 substance abuse services; providing a time
9 limitation; providing for purchase of services;
10 providing criteria for operation; creating s.
11 397.98, F.S.; providing for utilization
12 management under the demonstration models;
13 creating s. 397.99, F.S.; providing for award
14 of school substance abuse prevention
15 partnership grants; providing procedures for
16 application and review; providing criteria for
17 funding and requirements for operation of
18 programs funded; providing for rules; creating
19 s. 397.997, F.S.; providing for a prevention
20 website; creating s. 397.998, F.S.; directing
21 the department to establish a program to
22 provide drug-free communities support match
23 grants, contingent upon specific
24 appropriations; providing purposes,
25 eligibility, and procedures; authorizing
26 department rules; providing an effective date.
27
28 WHEREAS, the Legislature finds that substance abuse has
29 a detrimental effect on children which requires a system of
30 appropriate substance abuse services, including school-based,
31
2
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1 community-based prevention, and early intervention programs,
2 as well as community-based treatment programs, and
3 WHEREAS, it is in the state's best interest that
4 children with a substance abuse problem receive the services
5 they need to enable them to become and remain independent of
6 state care or, when in state care, to return home or be placed
7 in an appropriate home-like setting, and
8 WHEREAS, it is the intent of the Legislature to ensure
9 that prevention, early intervention, and treatment services
10 are available for children who are delinquent or dependent,
11 and
12 WHEREAS, the Legislature recognizes that the most
13 effective prevention, early intervention, and treatment
14 strategies for children require that families participate in
15 substance abuse services, and
16 WHEREAS, it is the goal of the Legislature to provide
17 an accountable and effective system of substance abuse
18 prevention, intervention, and treatment services through a
19 quality assurance process that ensures the most effective
20 service delivery system, NOW, THEREFORE,
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsections (3) and (7) of section 394.66,
25 Florida Statutes, are amended to read:
26 394.66 Legislative intent with respect to alcohol,
27 drug abuse, and mental health services.--It is the intent of
28 the Legislature to:
29 (3) Ensure that all activities of the Department of
30 Children Health and Family Rehabilitative Services and its
31 contractors are directed toward the coordination of planning
3
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1 efforts in alcohol, drug abuse, and mental health treatment
2 services.
3 (7) Include alcohol, drug abuse, and mental health
4 services as a component of the integrated service delivery
5 system of the Department of Children Health and Family
6 Rehabilitative Services.
7 Section 2. Subsection (2) of section 394.74, Florida
8 Statutes, is amended to read:
9 394.74 Contracts for provision of local alcohol, drug
10 abuse, and mental health programs.--
11 (2)(a) Contracts for service shall be consistent with
12 the approved district plan and the service priorities
13 established in s. 394.75(4).
14 (b) Notwithstanding s. 394.76(3)(a) and (c), the
15 department may use unit cost methods of payment in contracts
16 for purchasing mental health and substance abuse services. The
17 unit cost contracting system must account for those patient
18 fees that are paid on behalf of a specific client and those
19 that are earned and used by the provider for those services
20 funded in whole or in part by the department.
21 (c) The department may reimburse actual expenditures
22 for start-up contracts and fixed capital outlay contracts in
23 accordance with contract specifications.
24 Section 3. Subsection (6) is added to section 394.78,
25 Florida Statutes, 1998 Supplement, to read:
26 394.78 Operation and administration; personnel
27 standards; procedures for audit and monitoring of service
28 providers; resolution of disputes.--
29 (6) The department shall, by rule, establish standards
30 for contracting, budgeting, methods of payment, and the
31
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1 accounting of patient fees that are earned on behalf of a
2 specific client.
3 Section 4. Commission on Mental Health and Substance
4 Abuse.--
5 (1) FINDINGS.--The Legislature finds that: major
6 changes and improvements have occurred in how mental health
7 and substance abuse care services are planned, purchased,
8 delivered, coordinated, and accounted for; the management of
9 the state's substance abuse and mental health services system
10 delineated in part IV of chapter 394, Florida Statutes, has
11 not been systematically reviewed and updated in over 15 years;
12 and the management of the state-supported mental health and
13 substance abuse system has not kept pace with improvements in
14 the field, thereby diminishing the potential efficacy of its
15 investment in mental health services and substance abuse
16 services. Therefore, it is the intent of the Legislature that
17 a systematic review of the overall management of the state's
18 mental health and substance abuse system be conducted and that
19 recommendations for updating part IV of chapter 394, Florida
20 Statutes, and other related statutes be formulated.
21 (2) CREATION.--There is created, within the Executive
22 Office of the Governor, the Commission on Mental Health and
23 Substance Abuse.
24 (3) DUTIES.--The duties of the Commission on Mental
25 Health and Substance Abuse include the following:
26 (a) Conducting a review and evaluation of the
27 management and functioning of the existing publicly supported
28 mental health and substance abuse systems and services in the
29 Department of Children and Family Services, the Agency for
30 Health Care Administration, and all other departments which
31 administer mental health and substance abuse services. Such
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1 review shall include, at a mimimum, a review of current goals
2 and objectives, current planning, services strategies,
3 coordination management, purchasing, contracting, financing,
4 local government funding responsibility, and accountability
5 mechanisms. The commission shall coordinate its activities and
6 recommendations with the Office of Drug Control.
7 (b) Addressing the unique mental health and substance
8 abuse needs of older persons shall be an integral component of
9 the duties of the commission as specified in paragraph (a).
10 (c) Addressing access to, and financing of, and scope
11 of responsibility in the delivery of emergency behavioral
12 health care services.
13 (d) Addressing the quality and effectiveness of
14 current mental health and substance abuse services delivery
15 systems, professional staffing and clinical structure of
16 services, roles and responsibilities of public and private
17 providers, such as community mental health centers, community
18 substance abuse agencies, hospitals, including emergency
19 services departments, law enforcement, and the judicial
20 system.
21 (e) Addressing: priority population groups for
22 publicly funded mental health and substance abuse services; a
23 description of the comprehensive mental health and substance
24 abuse delivery systems; district mental health and substance
25 abuse needs assessment and planning activities; and local
26 government responsibilities for funding mental health and
27 substance abuse services.
28 (f) Formulating recommendations to the Governor and
29 Legislature regarding the mission and objectives of
30 state-supported mental health and substance abuse services and
31 the planning, management, staffing, financing, contracting,
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1 coordination, and accountability mechanisms which will best
2 foster the recommended mission and objectives.
3 (4) MEMBERSHIP.--The commission shall be composed of
4 22 members.
5 (a) One member shall be a member of the Florida Senate
6 and shall be appointed by the Senate President.
7 (b) One member shall be a member of the Florida House
8 of Representatives and shall be appointed by the Speaker of
9 the House of Representatives.
10 (c) One member shall be the Secretary of the
11 Department of Children and Family Services or his or her
12 designee.
13 (d) One member shall be the Director of the Agency for
14 Health Care Administration or his or her designee.
15 (e) The following members shall be appointed by the
16 Governor:
17 1. One consumer of publicly funded mental health or
18 substance abuse services.
19 2. One family member of a consumer of publicly funded
20 mental health or substance abuse services.
21 3. One representative of county government.
22 4. One representative of the Florida Mental Health
23 Institute.
24 5. One corporate employer of a corporation providing
25 mental health and substance abuse benefits to employees but
26 who is not in the business of providing mental health or
27 substance abuse services.
28 6. One representative of an acute care hospital with
29 psychiatric beds or a mental health program.
30 7. One representative of a community mental health
31 provider.
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1 8. One representative of a community substance abuse
2 provider.
3 9. A licensed psychiatrist working within the mental
4 health or substance abuse delivery system.
5 10. A licensed psychologist working within the mental
6 health or substance abuse delivery system.
7 11. Two other licensed mental health or substance
8 abuse professionals.
9 12. An emergency room physician.
10 13. One representative of an insurer offering
11 behavioral and physical health insurance benefits.
12 14. One representative of a specialty hospital
13 licensed pursuant to chapter 395, Florida Statutes, providing
14 mental health care and addictive services.
15 15. One representative from law enforcement.
16 16. One representative from the judicial system.
17 17. One representative of a child welfare agency
18 involved in the delivery of behavioral health services.
19 (5) ADVISORY COMMITTEE.--The commission shall appoint
20 at least one advisory committee representative of all state
21 agencies involved in the delivery of mental health and
22 substance abuse services, and consumers, family members of
23 consumers, and current providers of public mental health or
24 substance abuse services.
25 (6) STAFF.--The Executive Office of the Governor shall
26 appoint an executive director recommended by the commission,
27 who shall provide professional expertise and arrange for
28 required consultation, analysis, and secretarial and clerical
29 support for the commission. Additional staff support shall be
30 provided by the Department of Children and Family Services.
31 (7) MEETINGS; REPORTS.--
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1 (a) The commission shall conduct its first meeting no
2 later than September 1999.
3 (b) The commission shall meet as often as necessary to
4 fulfill its responsibilities.
5 (c) Committees shall be assigned as needed, composed
6 of representatives of the commission and the advisory
7 committee and employees of the involved state agencies.
8 (d) All commission meetings shall be open to the
9 public and shall be held at various locations around the state
10 to facilitate public participation.
11 (e) The commission shall elect a chairperson from
12 among its members.
13 (f) The commission shall, as one of its first duties,
14 adopt rules of procedure, which shall, at a minimum, include a
15 requirement that the recommendations of the commission be
16 adopted by at least two-thirds of those commission members
17 present.
18 (g) The commission shall submit an interim report to
19 the Governor, the President of the Senate, and the Speaker of
20 the House of Representatives no later than March 1, 2000.
21 (h) A final report with recommendations, including any
22 modifications to current law, shall be submitted to the
23 Governor, the President of the Senate, and the Speaker of the
24 House of Representatives no later than December 1, 2000.
25 (i) Authorization for the commission on Mental Health
26 and Substance Abuse expires effective May 15, 2001.
27 Section 5. There is appropriated for each of fiscal
28 years 1999-2000 and 2000-2001 the sum of $75,000 from the
29 General Revenue Fund and $75,000 from administrative funds
30 available under Title XIX of the Social Security Act
31
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1 (Medicaid), to the Executive Office of the Governor to fund
2 the Commission on Mental Health and Substance Abuse.
3 Section 6. Subsections (8), (9), and (10) are added to
4 section 397.419, Florida Statutes, to read:
5 397.419 Quality assurance programs.--
6 (8) The quality assurance program shall be implemented
7 as part of the department's contract management process. The
8 quality assurance program shall:
9 (a) Track performance measures and standards
10 established by the Legislature as part of the
11 performance-based program budgeting process;
12 (b) Provide a framework for evaluating outcomes which
13 is separate from the performance-based program budgeting
14 process, including:
15 1. Output measures, such as capacities, technologies,
16 and infrastructure, that make up the system of care.
17 2. Process measures, such as administrative and
18 clinical components of treatment.
19 3. Outcome measures pertaining to the outcomes of
20 services;
21 (c) Provide for a system of analyzing those factors
22 which have an effect on performance at the local level;
23 (d) Provide for a system of reporting the results of
24 quality assurance reviews; and
25 (e) Incorporate best practice models for use in
26 improving performance in those areas which are deficient.
27 (9) The quality assurance program shall incorporate a
28 peer review process into its protocol, to include:
29 (a) Reviews of providers by departmental district
30 staff and other providers.
31
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1 (b) Reviews of individual districts by other
2 districts.
3 (10) Contingent upon specific appropriation, a quality
4 assurance coordinator position shall be established within
5 each service district to oversee the implementation and
6 operation of the quality assurance program.
7 Section 7. Part X of chapter 397, Florida Statutes, is
8 retitled to read:
9
10 PART X
11 JUVENILE EMERGENCY PROCEDURES AND
12 CHILDREN'S SUBSTANCE ABUSE SERVICES
13
14 Section 8. Section 397.92, Florida Statutes, is
15 created to read:
16 397.92 Children's substance abuse services system;
17 goals.--
18 (1) It is the intent of the Legislature that the
19 children's substance abuse services system achieve the
20 following performance outcomes for children who are eligible
21 for services:
22 (a) Identification of the presenting problems and
23 conditions of substance abuse through the use of valid
24 assessment.
25 (b) Improvement in the child's ability to function in
26 the family with minimum supports.
27 (c) Improvement in the child's ability to function in
28 school with minimum supports.
29 (d) Improvement in the child's ability to function in
30 the community with minimum supports.
31
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1 (e) Improvement in the child's ability to live
2 drug-free.
3 (f) Reduction of behaviors and conditions that may be
4 linked to substance abuse, such as unintended pregnancy,
5 delinquency, sexually transmitted diseases, and smoking, and
6 other negative behaviors.
7 (g) Increased return of children in state custody,
8 drug-free, to their homes, or the placement of such children,
9 drug-free, in an appropriate setting.
10 (2) Pursuant to s. 216.0166, the department shall
11 annually develop performance outcomes and performance measures
12 to assess the performance of the children's substance abuse
13 services system in achieving the intent of this section.
14 Section 9. Section 397.93, Florida Statutes, is
15 created to read:
16 397.93 Children's substance abuse services; target
17 populations.--The target populations for children's substance
18 abuse services are children at risk for substance abuse and
19 children with substance abuse problems.
20 (1) Children at risk for substance abuse include:
21 (a) Children who are at risk due to regular or
22 periodic exposure to negative factors related to family,
23 community, school, self, or peers. Children in this category
24 are typically placed in special prevention programs which are
25 often school-based and which emphasize the importance of
26 protective factors to reduce risk.
27 (b) Children who are at risk due to experimental and
28 social use of substances. Children in this category are
29 typically placed in early intervention programs which may
30 occur in the community or school.
31 (2) Children with substance abuse problems include:
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1 (a) Children who use substances on a daily, weekly, or
2 monthly basis. Children in this category typically need
3 outpatient counseling and in some cases more structured day or
4 night treatment.
5 (b) Children with a substance dependency or addiction.
6 Children in this category typically need structured day or
7 night treatment or more intensive and longer term residential
8 treatment, with some severe cases initially in need of
9 detoxification and stabilization.
10 Section 10. Section 397.94, Florida Statutes, is
11 created to read:
12 397.94 Children's substance abuse services;
13 information and referral network.--
14 (1) Each service district of the department shall
15 develop a plan for and implement a districtwide comprehensive
16 children's substance abuse information and referral network to
17 be operational by July 1, 2000.
18 (2) In order to ensure access and appropriate
19 referral, the network shall be incorporated into the
20 district's child and adolescent mental health information and
21 referral network provided for under s. 394.4985 and, by July
22 1, 2000, renamed the referral network the children's substance
23 abuse and mental health information and referral network.
24 Districts shall submit a plan to the secretary of the
25 department regarding the integration of the substance abuse
26 services information and referral network with the child and
27 adolescent mental health information and referral network no
28 later than December 1, 1999.
29 (3) The district shall determine the most
30 cost-effective method for delivering this service and may
31 select a new provider or utilize an existing provider or
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1 providers with a record of success in providing information
2 and referral services.
3 (a) Districts shall submit the plan to the secretary
4 of the department no later than October 1, 1999.
5 (b) The plan must provide assurances that the
6 information and referral network will include a resource
7 directory that contains information regarding the children's
8 substance abuse services available, including, but not limited
9 to:
10 1. Public and private resources by service component,
11 including resources for involuntary admissions under s.
12 397.675.
13 2. Hours of operation and hours during which services
14 are provided.
15 3. Ages of persons served.
16 4. Description of services.
17 5. Eligibility requirements.
18 6. Fee schedules.
19 (c) Maintain and annually update information regarding
20 private practitioners in the community who provide substance
21 abuse services to children.
22 (d) Develop and implement procedures for documenting
23 requests for services, including, but not limited to:
24 1. Number of calls by type of service requested, if
25 any;
26 2. Ages of children for whom services are requested;
27 and
28 3. Disposition on all referrals, including location of
29 resource if referred for face-to-face screening.
30
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1 (e) Develop and implement procedures for sharing
2 information with participating community agencies and
3 resources.
4 (4) In planning the information and referral network,
5 the district shall consider the establishment of a 24-hour
6 toll-free telephone number to call for information and a
7 public service campaign to inform the public about the
8 information and referral service.
9 Section 11. Section 397.95, Florida Statutes, is
10 created to read:
11 397.95 Children's substance abuse services; services
12 provided by licensed providers.--Each service district of the
13 department shall ensure that all screening, intake,
14 assessment, enrollment, service planning, and case management
15 services provided under this part are provided by children's
16 substance abuse services providers licensed under part II and
17 in accordance with standards set forth in department rules.
18 Section 12. Section 397.951, Florida Statutes, is
19 created to read:
20 397.951 Treatment and sanctions.--The Legislature
21 recognizes that the integration of treatment and sanctions
22 greatly increases the effectiveness of substance abuse
23 treatment. It is the responsibility of the department and the
24 substance abuse treatment provider to employ the full measure
25 of sanctions available to require participation and completion
26 of treatment to ensure successful outcomes for children in
27 substance abuse treatment.
28 (1) Pursuant to the provisions of this chapter, the
29 department shall ensure that substance abuse treatment
30 providers develop and manage treatment plans that are
31
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1 appropriate to the severity of the substance abuse problem and
2 tailored to the individual needs of the child.
3 (2) The department shall ensure that substance abuse
4 treatment providers employ any and all appropriate available
5 sanctions necessary to engage, motivate, and maintain a child
6 in treatment, including, but not limited to, provisions in law
7 that:
8 (a) Provide for parental participation in treatment
9 for involuntary admission to treatment, as provided in part IV
10 of this chapter.
11 (b) Provide for law enforcement authorities to assume
12 custody of a child who is substance abuse impaired and allow
13 placement of a child into the care of a hospital, substance
14 abuse detoxification facility, or addiction receiving
15 facility, as specified in part V of this chapter.
16 (c) Provide parental authority to involuntarily admit
17 a child for assessment to an addiction receiving facility, as
18 specified in part V of this chapter.
19 (d) Provide parents and substance abuse providers with
20 civil involuntary procedures to secure court-ordered
21 assessment and treatment for children, as specified in part V
22 of this chapter.
23 (e) Authorize the court or any criminal justice
24 authority with jurisdiction over a child charged or convicted
25 of a crime to require that the delinquent or offender receive
26 substance abuse services under part VII of this chapter.
27 (f) Provide authority of the court and contempt powers
28 to require parental participation in the treatment of a
29 delinquent or offender pursuant to s. 397.706.
30 (g) Authorize the court to mandate services for
31 children and their families in dependency proceedings under
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1 chapter 39, and children and families in need of services
2 under chapter 984.
3 (h) Provide that the use, possession, or sale of
4 controlled substances, as defined in chapter 893, or
5 possession of electronic telephone pagers, by any student
6 while such student is upon school property or in attendance at
7 a school function is grounds for disciplinary action by the
8 school and may also result in criminal penalties being imposed
9 pursuant to s. 232.26.
10 (i) Provide that, pursuant to s. 322.056, for any
11 person under 18 years of age who is found guilty of or
12 delinquent for a violation of s. 562.11(2), s. 562.111, or
13 chapter 893, and is eligible by reason of age for a driver's
14 license or driving privilege, the court shall direct the
15 Department of Highway Safety and Motor Vehicles to revoke or
16 to withhold issuance of his or her driver's license or driving
17 privilege for a period of:
18 1. Not less than 6 months and not more than 1 year for
19 the first violation.
20 2. Two years, for a subsequent violation.
21 Section 13. Section 397.96, Florida Statutes, is
22 created to read:
23 397.96 Case management for complex substance abuse
24 cases.--
25 (1) Contingent upon specific appropriations, it is the
26 intent of the Legislature to provide for a more intensive
27 level of case management for complex cases involving children
28 who need substance abuse services. Such services shall be
29 directed toward children receiving services from several
30 agencies or programs to address the complex problems created
31 by substance abuse, dependency, or addiction.
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1 (2) The department shall determine when a child
2 receiving children's substance abuse services under this part
3 shall have a case manager.
4 (3) For the purposes of this section, "case
5 management" means those activities aimed at:
6 (a) Implementing a treatment plan;
7 (b) Advocacy;
8 (c) Linking services providers to a child and family;
9 (d) Monitoring services delivery; and
10 (e) Collecting information to determine the effect of
11 services and treatment.
12 (4) The case manager shall periodically review
13 services utilization to ascertain compliance with plans
14 approved by the planning team.
15 (5) The department shall establish by rule standards
16 to coordinate case management activities from various referral
17 points, in order to minimize fragmentation and duplication and
18 promote stability of case managers assigned to a child and
19 family. In the attempt to minimize duplication, it is the
20 intent of the Legislature that a child have no more than one
21 case manager.
22 Section 14. Section 397.97, Florida Statutes, is
23 created to read:
24 397.97 Children's substance abuse services;
25 demonstration models.--
26 (1) CREATION; PURPOSE.--There is created the
27 Children's Network of Care Demonstration Models to operate,
28 for 4 years, for children who are at risk of substance abuse
29 or who have substance abuse problems. The purpose of the
30 demonstration models is to encourage collaboration among the
31 department, the Agency for Health Care Administration, the
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1 Department of Education, the Department of Health, the
2 Department of Juvenile Justice, local government agencies, and
3 any other interested party, through a partnership agreement
4 entered into to provide a locally organized network of care
5 for children and their families. The demonstration models
6 must:
7 (a) Be implemented using existing funds;
8 (b) Center on the child and his or her family;
9 (c) Promote integration and coordination of services;
10 (d) Provide for accountable outcomes; and
11 (e) Emphasize the provision of services in the least
12 restrictive, most appropriate setting, utilizing uniform
13 placement criteria established in rule of the department.
14 (2) GOAL.--The goal of the Children's Network of Care
15 Demonstration Models is to create an effective interagency
16 strategy for delivering substance abuse services to the target
17 populations through a local network of service providers. The
18 specific objectives of this strategy are to:
19 (a) Develop standardized forms and uniform procedures
20 which shall be used for screening, intake, assessment,
21 enrollment, service planning, case management, and utilization
22 management;
23 (b) Eliminate duplication of services;
24 (c) Employ natural supports in the family and the
25 community to help meet the service needs of the child who is
26 at risk of substance abuse or has a substance abuse problem;
27 (d) Improve interagency planning efforts through
28 greater collaboration between public and private
29 community-based agencies;
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1 (e) Test creative and flexible strategies for
2 financing the care of children who are at risk of substance
3 abuse or have a substance abuse problem; and
4 (f) Share information about the child with appropriate
5 community agencies.
6 (3) PURCHASE OF SERVICES; OPERATION CRITERIA.--
7 (a) Each demonstration model shall be governed by a
8 multiagency consortium of state and county agencies or other
9 public agencies, or a community-based, not-for-profit
10 substance abuse or behavioral health network designated by the
11 department, hereafter referred to as the purchasing agent,
12 which shall purchase individualized services for children who
13 are at risk of substance abuse or have a substance abuse
14 problem. Services shall be based on client need rather than on
15 traditional services limited to narrowly defined cost centers
16 or appropriations categories. Approval to operate as a
17 Children's Network of Care Demonstration Model shall be given
18 by the secretary of the department and shall be based on
19 criteria developed by the department.
20 (b) The local purchasing agent is responsible for
21 designing a well-defined network of experienced substance
22 abuse services providers. At a minimum, the consortium shall:
23 1. Specify the capacity and composition of the
24 provider network;
25 2. Approve providers for the network;
26 3. Ensure enrollees' access to network services;
27 4. Subcontract with providers;
28 5. Establish qualification standards for provider
29 staff; and
30 6. Monitor providers' performance.
31
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1 (4) COLLABORATION.--Demonstration models established
2 under this section may enter into collaborative partnership
3 with demonstration models established pursuant to s. 394.498.
4 Section 15. Section 397.98, Florida Statutes, is
5 created to read:
6 397.98 Children's substance abuse services;
7 utilization management.--
8 (1) Utilization management shall be an integral part
9 of each Children's Network of Care Demonstration Model as
10 described under s. 397.97. The utilization management process
11 shall include procedures for analyzing the allocation and use
12 of resources by the purchasing agent. Such procedures shall
13 include:
14 (a) Monitoring the appropriateness of admissions to
15 residential services or other levels of care as determined by
16 the department.
17 (b) Monitoring the duration of care.
18 (c) Developing profiles of network providers which
19 describe their patterns of delivering care.
20 (d) Authorizing care for high-cost services.
21 (2) The procedures shall be established by the
22 purchasing agent in consultation with the department and are
23 subject to approval by the secretary of the department. The
24 implementation of utilization management within the
25 demonstration models shall be contingent upon the availability
26 of funds.
27 Section 16. Section 397.99, Florida Statutes, is
28 created to read:
29 397.99 School substance abuse prevention partnership
30 grants.--
31 (1) GRANT PROGRAM.--
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1 (a) In order to encourage the development of effective
2 substance abuse prevention and early intervention strategies
3 for school-age populations, the school substance abuse
4 prevention partnership grant program is established.
5 (b) The department shall administer the program in
6 cooperation with the Department of Education and the
7 Department of Juvenile Justice.
8 (2) APPLICATION PROCEDURES; FUNDING REQUIREMENTS.--
9 (a) Schools, or community-based organizations in
10 partnership with schools, may submit a grant proposal for
11 funding or continued funding to the department by March 1 of
12 each year. The department shall establish grant application
13 procedures which ensure that grant recipients implement
14 programs and practices that are effective. The department
15 shall include the grant application document on an Internet
16 website.
17 (b) Grants may fund programs to conduct prevention
18 activities serving students who are not involved in substance
19 use, intervention activities serving students who are
20 experimenting with substance use, or both prevention and
21 intervention activities, if a comprehensive approach is
22 indicated as a result of a needs assessment.
23 (c) Grants may target youth, parents, and teachers and
24 other school staff, coaches, social workers, case managers,
25 and other prevention stakeholders.
26 (d) Performance measures for grant program activities
27 shall measure improvements in student attitudes or behaviors
28 as determined by the department.
29 (e) At least 50 percent of the grant funds available
30 for local projects must be allocated to support the
31 replication of prevention programs and practices that are
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1 based on research and have been evaluated and proven
2 effective. The department shall develop related qualifying
3 criteria.
4 (f) In order to be considered for funding, the grant
5 application shall include the following assurances and
6 information:
7 1. A letter from the administrators of the programs
8 collaborating on the project, such as the school principal,
9 community-based organization executive director, or recreation
10 department director, confirming that the grant application has
11 been reviewed and that each partner is committed to supporting
12 implementation of the activities described in the grant
13 proposal.
14 2. A rationale and description of the program and the
15 services to be provided, including:
16 a. An analysis of prevention issues related to the
17 substance abuse prevention profile of the target population.
18 b. A description of other primary substance use and
19 related risk factors.
20 c. Goals and objectives based on the findings of the
21 needs assessment.
22 d. The selection of programs or strategies that have
23 been shown to be effective in addressing the findings of the
24 needs assessment.
25 e. A method of identifying the target group for
26 universal prevention strategies, and a method for identifying
27 the individual student participants in selected and indicated
28 prevention strategies.
29 f. A description of how students will be targeted.
30 g. Provisions for the participation of parents and
31 guardians in the program.
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1 h. An evaluation component to measure the
2 effectiveness of the program in accordance with
3 performance-based program budgeting effectiveness measures.
4 i. A program budget, which includes the amount and
5 sources of local cash and in-kind resources committed to the
6 budget and which establishes, to the satisfaction of the
7 department, that the entity will make a cash or in-kind
8 contribution to the program of a value that is at least 25
9 percent of the amount of the grant.
10 (g) The department shall consider the following in
11 awarding such grants:
12 1. The number of youths that will be targeted.
13 2. The validity of the program design to achieve
14 project goals and objectives that are clearly related to
15 performance-based program budgeting effectiveness measures.
16 3. The desirability of funding at least one approved
17 project in each of the department's service districts.
18 (3) The department shall coordinate the review of
19 grant applications with the Department of Education and the
20 Department of Juvenile Justice and shall make award
21 determinations no later than June 30 of each year. All
22 applicants shall be notified by the department of its final
23 action.
24 (4) Each entity that is awarded a grant as provided
25 for in this section shall submit performance and output
26 information as determined by the department.
27 (5) The department shall establish rules as necessary
28 to implement this section.
29 Section 17. Section 397.997, Florida Statutes, is
30 created to read:
31 397.997 Prevention resources; Internet website.--
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1 (1) The department shall develop a publicly available
2 substance abuse prevention Internet website. The information
3 on the Internet website shall target youth and their parents,
4 teachers, and other stakeholders.
5 (2) The Internet website shall incorporate, at a
6 minimum, the following components:
7 (a) The nature of Florida's current youth alcohol,
8 tobacco, and other drug use concerns;
9 (b) The health, social, and legal effects of alcohol,
10 tobacco, and other drug use on individuals, families, schools,
11 and the economy;
12 (c) National, state, and local substance abuse
13 prevention and treatment resources; and
14 (d) Classroom, home, and individual instructional
15 activities and games geared to teach targeted youth about the
16 harmful effects of alcohol, tobacco, or other drug use,
17 refusal and other prevention skills, and how to get help for
18 someone using drugs.
19 Section 18. Section 397.998, Florida Statutes, is
20 created to read:
21 397.998 Drug-free communities support match grants.--
22 (1) PURPOSE.--The purposes of drug-free communities
23 match grants are to:
24 (a) Assist community coalitions in an effort to secure
25 federal drug-free communities support program grants under
26 Pub. L. No. 105-20.
27 (b) Reduce substance abuse among youth and, over time,
28 to reduce substance abuse among adults.
29 (c) Enable community coalitions to strengthen
30 collaboration efforts among public and private agencies to
31 reduce substance abuse among youth.
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1 (2) APPLICATION PROCESS.--
2 (a) Contingent upon specific appropriations, the
3 department shall establish a program to provide drug-free
4 communities match grants.
5 (b) The grants shall be used for all or part of the
6 match required for community coalitions to secure a federal
7 drug-free communities support program grant.
8 (3) ELIGIBLE APPLICANTS.--
9 (a) Community coalitions whose members have worked
10 together on substance abuse reduction initiatives for a period
11 of not less than 6 months are eligible to apply for match
12 grant funds.
13 (b) The coalition must represent the targeted
14 community and include at least one representative of each of
15 the following groups: local Department of Children and Family
16 Services official; youth; parents; business community; media;
17 schools; organizations serving youth; law enforcement
18 agencies; religious or fraternal organizations; civic and
19 volunteer groups; health care professionals; other local or
20 tribal governmental agencies with an expertise in the field of
21 substance abuse, including, if applicable, the state authority
22 with primary authority for substance abuse; and other
23 organizations involved in reducing substance abuse.
24 (c) To demonstrate that the coalition meets the stated
25 criteria, the applicant must submit examples or formal
26 agreements, such as memorandums of understanding, previous
27 newsletters or publications, or other examples of print media
28 coverage that are dated within 6 months prior to submittal of
29 the application.
30 (4) RELEASE OF FUNDS.--Match grant funds shall be
31 released as required by federal regulations to community
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1 coalitions upon documentation that a community coalition has
2 been awarded a drug-free communities support program grant.
3 (5) IN-KIND MATCH.--The department may provide other
4 in-kind services or goods allowed by federal regulations in
5 lieu of money, to achieve the purpose of this section.
6 (6) RULES.--The department is authorized to adopt
7 rules specifically to address procedures necessary to
8 administer the drug-free communities match grants as provided
9 in this section.
10 Section 19. This act shall take effect July 1, 1999.
11
12 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
13 Senate Bill 2546
14
15 Removes the provision that unit cost contracting is effective
through June 30, 2000.
16
Deletes the provision that the Department of Children and
17 Family Services propose statutory revisions to part IV of
chapter 394, F.S., by December 1, 1999.
18
Deletes the workgroup to assist the Department of Children and
19 Family Services in the development of revisions to part IV of
chapter 394, F.S.
20
Creates the Commission on Mental Health Substance Abuse and
21 specifies its membership duties.
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