House Bill 1043

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    Florida House of Representatives - 2000                HB 1043

        By Representative Hafner






  1                      A bill to be entitled

  2         An act relating to older adult mental health

  3         and substance abuse services; providing a short

  4         title; providing legislative intent; directing

  5         the Department of Children and Family Services

  6         to develop a comprehensive plan for a mental

  7         health and substance abuse service delivery

  8         system for older adults; providing plan

  9         requirements; requiring reports; requiring

10         collection and analysis of data; specifying

11         populations to be served; providing for

12         performance measures; requiring annual review

13         thereof; directing the department to establish

14         services, within available resources; directing

15         the department to adopt by rule certain

16         statewide standards; providing for a service

17         planning process; providing for case management

18         services; providing training requirements for

19         service providers; directing the department to

20         develop public education and outreach programs;

21         providing for enhancement of existing community

22         mental health and substance abuse systems;

23         providing for solicitation of enhancement

24         projects to be funded on a competitive basis;

25         providing for project evaluation; requiring a

26         report; providing for a consortium to oversee

27         older adult interagency system of care

28         demonstration models; providing for

29         establishment of a local oversight body for

30         each demonstration model; providing for

31         purpose, funding, and evaluation of

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  1         demonstration models; requiring a report;

  2         providing rulemaking authority; providing

  3         authority to seek certain federal waivers;

  4         providing an effective date.

  5

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

  7

  8         Section 1.  Short title.--This act may be cited as the

  9  "Comprehensive Older Adult Mental Health and Substance Abuse

10  Services Act."

11         Section 2.  Legislative intent; guiding principles.--It

12  is the intent of the Legislature that the following principles

13  guide the development and implementation of the publicly

14  funded older adult mental health and substance abuse treatment

15  and support system:

16         (1)  There should be a system of care for older adults

17  which includes a continuum of aging, mental health, and

18  substance abuse services which meet the needs of Florida's

19  older adults.

20         (2)  The system of care should be centered on the older

21  adult, with the needs and strengths of the older adult and his

22  or her family or support system dictating the types and mix of

23  services provided.

24         (3)  Older adults should be active participants in

25  planning, selecting, and delivering mental health and

26  substance abuse services at the local level, as well as in

27  developing statewide policies for older adult mental health

28  and substance abuse services. The families and support systems

29  of older adults should be included where appropriate and in

30  the best interests of the older adult.

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  1         (4)  Priorities and minimum standards should be

  2  established at the state level to foster consistency

  3  throughout the state in mental health and substance abuse

  4  services.

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

  6  accountability, location of services, and responsibility for

  7  management and decisionmaking resting at the local level.

  8         (6)  The system should provide timely access to a

  9  comprehensive array of cost-effective mental health and

10  substance abuse services.

11         (7)  Older adults should receive individualized

12  services, guided by an individualized service plan, in

13  accordance with the unique needs and strengths of each older

14  adult and his or her family or support system.

15         (8)  The system should include comprehensive screening,

16  assessment, internal case finding, and outreach to identify

17  older adults who are in need of mental health or substance

18  abuse services and should target known risk factors.

19         (9)  Older adults should receive services within the

20  least restrictive environment appropriate to the service needs

21  and quality of life of the individual.

22         (10)  Mental health and substance abuse programs and

23  services should support and strengthen families and support

24  systems so that the family or support system can more

25  adequately meet the mental health and substance abuse needs of

26  the older adult.

27         (11)  Services should be delivered in a coordinated

28  manner so that the older adult can move through the system of

29  services according to his or her changing needs and in a way

30  that meets those needs.

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  1         (12)  The delivery of comprehensive mental health and

  2  substance abuse services should enable older adults to

  3  function more effectively at home and within the community.

  4         (13)  Community-based systems of care should educate

  5  persons, including health care, long-term care, and aging

  6  services providers, to recognize indicators of emotional

  7  distress, depression, suicide risk, and substance abuse in

  8  older adults and to provide information regarding referral,

  9  treatment, and support services.

10         (14)  Mental health and substance abuse services should

11  be delivered by staff specifically trained to work with older

12  adult mental health and substance abuse consumers.

13         (15)  Mental health and substance abuse services for

14  older adults should be provided in a manner which is sensitive

15  and responsive to the special needs that derive from cultural

16  or gender differences, without regard to race, religion,

17  national origin, gender, disability, or payment source.

18         Section 3.  Comprehensive plan.--

19         (1)  The Department of Children and Family Services

20  shall develop a comprehensive plan which shall address the

21  mental health and substance abuse needs of older adults and

22  provide strategies to meet those needs through the interagency

23  coordination of services. The plan shall identify the unique

24  service needs of older adults, determine the types of services

25  delivered, project the services needed, provide an analysis of

26  costs associated with existing and projected services, and

27  recommend modifications to programs and services to more

28  effectively meet the unique mental health and substance abuse

29  needs of older adults, especially underserved populations.

30         (2)  Elements of the comprehensive plan shall be

31  coordinated and integrated with other mental health planning

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  1  and with the plans of other state agencies which administer

  2  programs or services that are or should be components of a

  3  comprehensive mental health and substance abuse service

  4  delivery system for older adults. To this end, such state

  5  agencies shall coordinate with the department the development

  6  and integration of elements of the comprehensive plan

  7  appropriate to their respective programmatic responsibilities.

  8         (3)  The comprehensive plan shall be presented to the

  9  Governor, the President of the Senate, and the Speaker of the

10  House of Representatives every 3 years on or before August 1,

11  beginning in the year 2001. On or before August 1 of each

12  year, the department shall submit a report to the Governor,

13  the President of the Senate, and the Speaker of the House of

14  Representatives which analyzes the status of the

15  implementation of each element of the comprehensive plan and

16  the relationship of that status to the department's budget

17  request.

18         Section 4.  Data collection.--To ensure the adequate

19  provision of services and to meet the needs of older adults in

20  need of mental health and substance abuse services, the

21  department shall ensure that detailed statistical and

22  empirical information on Florida citizens is collected,

23  maintained, and analyzed for the purpose of improving the

24  system. As part of the development of the comprehensive plan,

25  the department shall include provisions regarding data needed,

26  and a time schedule and method for obtaining this information.

27         Section 5.  Target populations.--

28         (1)  State-funded older adult mental health and

29  substance abuse services shall serve, to the extent that

30  resources are available, the following groups of older adults:

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  1         (a)  Adults age 55 and older who are experiencing an

  2  acute mental or emotional health or substance abuse crisis.

  3         (b)  Adults age 55 and older who have a severe and

  4  persistent mental or emotional illness or substance abuse

  5  problem.

  6         (c)  Adults age 55 and older who are at risk for a

  7  mental or emotional health or substance abuse crisis event or

  8  are at risk of institutionalization in a long-term care

  9  setting or state institution.

10         (2)  Older adults who meet the target population

11  criteria of this section shall be served to the extent

12  possible within available resources and consistent with a

13  state plan of care developed by the department. The plan shall

14  specify a service mandate for Florida's underserved older

15  population. Services shall be targeted to prevent further need

16  for the substance abuse, mental health, or aging continuum of

17  services. Services shall be readily available along the mental

18  health, substance abuse, and aging continuum to older adults

19  residing in the community as well as those residing in state

20  institutions. To the extent possible, services shall be

21  community-based. To achieve the continuum of services, the

22  department may develop public-private partnerships as well as

23  sliding fee-scale programs.

24         Section 6.  Performance measures.--

25         (1)  The older adult mental health treatment and

26  support system shall develop performance measures for older

27  Floridians with mental health and substance abuse problems who

28  are within the target populations.

29         (2)  After the development of the initial

30  age-appropriate performance measures, the department shall

31  annually review and adjust as needed the specific performance

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  1  outcomes and performance measures to assess the performance of

  2  the older adult mental health treatment and support system in

  3  achieving the intent of this act.

  4         Section 7.  Programs and services.--

  5         (1)  The department shall establish, within available

  6  resources, an array of services to meet the individualized

  7  service and treatment needs of older adults who are members of

  8  the target populations and their families and caregivers.

  9         (2)  The array of services shall include comprehensive

10  holistic assessment services that provide a competent

11  interpretation of the nature of the problems of the older

12  adult and, when appropriate, his or her family or support

13  systems; family issues that may impact such problems;

14  additional factors that contribute to such problems; and the

15  assets, strengths, and resources of the older adult and his or

16  her family or support systems. The assessment services to be

17  provided shall be determined by the clinical needs of each

18  individual.

19         (3)  The department shall adopt by rule statewide

20  standards for mental health and substance abuse assessments

21  and definitions of the service array appropriate to older

22  adults.

23         (4)  The array of services shall include, but is not

24  limited to:

25         (a)  Case management.

26         (b)  Prevention services.

27         (c)  Home and community-based services and systems of

28  care.

29         (d)  Family therapy and support.

30         (e)  Respite services and day care.

31         (f)  Outpatient treatment.

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  1         (g)  Day treatment.

  2         (h)  Crisis intervention and stabilization.

  3         (i)  Residential treatment facilities.

  4         (j)  Inpatient hospitalization.

  5         (k)  Medical services.

  6         (l)  Overlay services.

  7         (m)  Supported housing.

  8         (n)  Transportation services.

  9         (o)  Consumer-operated and peer support services.

10         (p)  Vocational services.

11         (q)  Individual counseling, both in-home and

12  community-based.

13         (r)  Partial hospitalization.

14         (s)  Transitional services.

15         (t)  Outreach, including to in-home settings.

16         (u)  Residential services.

17         (v)  Services to victims of sex offenses.

18         (w)  Medication management.

19         (x)  Mobile crisis intervention.

20         (y)  Therapeutic foster and family care homes.

21         (z)  Caregiver support.

22         Section 8.  Service planning.--

23         (1)  The service planning process shall:

24         (a)  Focus on individualized treatment aligned with the

25  highest priority needs of the older adult.

26         (b)  Concentrate on the service needs of the older

27  adult's formal and informal support system.

28         (c)  Involve appropriate family and support system

29  members and pertinent community-based health, education, and

30  social agencies.

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  1         (2)  The principles of the service planning process

  2  shall:

  3         (a)  Enable case management.

  4         (b)  Include a mechanism to discern opportunities for

  5  early intervention in developing cases of older adult mental

  6  health or substance abuse problems. The same mechanism shall

  7  afford crisis intervention and prevention capacity.

  8         (c)  Assist the family and other caregivers in

  9  developing and implementing a workable services plan for

10  treating the mental health or substance abuse problems of the

11  older adult.

12         (d)  Use all available resources in the community,

13  including informal support services, which will assist in

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

15         (e)  Maintain the older adult in the most normal

16  environment possible and as close to home, family, or support

17  system as is feasible.

18         (f)  Ensure the ability of family to participate in the

19  treatment of the older adult, when appropriate, and strive to

20  enhance the older adult's independence by building on family

21  strengths and assets.

22         (3)  The services plan shall include:

23         (a)  A mental health description of the older adult and

24  his or her personal perspective of the problem being

25  addressed.

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

27  provided to the older adult, and his or her family or support

28  system, if appropriate, which address the identified problem,

29  including:

30         1.  The frequency and duration of services or

31  treatment.

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  1         2.  The location at which the services or treatment are

  2  to be provided.

  3         3.  The name of each accountable provider of services

  4  or treatment.

  5         4.  Medication management and continuity of care.

  6         (c)  A description of the measurable objectives of

  7  treatment which, if met, will result in measurable

  8  improvements in the condition of the older adult.

  9         (d)  The older adult's personal vision and goals.

10         (4)  The department shall adopt by rule criteria for

11  determining when an older adult who receives mental health

12  services must have an individualized services plan.

13         (5)  The services plan shall be driven by the needs of

14  the older adult upon whom it is centered. The services plan,

15  where possible, shall be developed in conference with the

16  older adult and, if appropriate, family or primary support

17  members. An appeal process shall be established.

18         (6)  The services plan shall be reviewed with changes

19  in client status or level of care, or at least annually, for

20  programmatic and financial appropriateness.

21         (7)  The department shall adopt by rule criteria that

22  define the population to be assigned case managers. The

23  department shall develop standards for case management

24  services and procedures for appointing case managers. It is

25  the intent of the Legislature that case management services

26  not be duplicated or fragmented and that such services promote

27  the continuity and stability of a case manager assigned to an

28  older adult. For the purpose of this section, case management

29  includes:

30         (a)  Developing and implementing the services plan.

31         (b)  Providing advocacy services.

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  1         (c)  Linking service providers to an older adult and,

  2  when appropriate, his or her family or support system.

  3         (d)  Monitoring the delivery of services.

  4         (e)  Collecting information to determine the effect of

  5  services and treatment.

  6         Section 9.  Training requirements.--Individuals

  7  treating or serving older adults should have appropriate and

  8  ongoing training in aging and mental health and in substance

  9  abuse. The department shall work with providers, licensure

10  boards, professional organizations, and educators to establish

11  appropriate education and training. The department is

12  encouraged to foster the development of continuing education

13  by existing professional membership organizations and

14  educational institutions.

15         Section 10.  Public education and outreach.--The

16  department shall develop methods of information dissemination

17  designed to overcome the barriers to treatment within the

18  target populations. Innovative outreach programs must be

19  developed and promoted to improve the diversion of older

20  persons from expensive and intensive forms of care. The

21  department shall develop a marketing and public education plan

22  for how best to develop prevention and treatment strategies

23  aimed at an older audience. At least one of the older adult

24  interagency system of care demonstration models shall be

25  centered around the development of innovative marketing and

26  public education materials and strategies.

27         Section 11.  Community mental health and substance

28  abuse system enhancement.--

29         (1)  DEVELOPMENT.--The current community mental health

30  and substance abuse systems shall be enhanced to identify,

31  attract, and serve older adults. The system enhancement should

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  1  address staffing, training, and program development for older

  2  adults.

  3         (2)  IMPLEMENTATION.--

  4         (a)  As the Legislature provides funding for the

  5  enhancement of older adult mental health and substance abuse

  6  services, the Alcohol, Drug Abuse and Mental Health Program

  7  Office of the department shall create a competitive selection

  8  process for soliciting proposals for use of funds within the

  9  community mental health and substance abuse systems to

10  implement this section.

11         1.  The department shall use an independent review

12  panel to evaluate the proposals.

13         2.  Each project or initiative funded through the

14  enhancement program shall be evaluated and continued based on

15  whether the project or initiative achieves established goals.

16         (b)  The department shall establish the proposal

17  process by October 1, 2000, with project awards to be made no

18  later than December 1, 2000. Evaluations of the enhancement

19  projects shall be performed on a schedule to be determined by

20  the department.

21         (3)  EVALUATION.--An independent evaluation of each

22  enhancement project shall be conducted to identify more

23  effective ways in which to serve the most complex cases of

24  older adults who have a serious emotional disturbance, mental

25  illness, or substance abuse problem; to determine better

26  utilization of public resources; to assess ways that community

27  agencies may share pertinent client information; and to

28  determine to what extent the project achieved its stated

29  goals. The department shall identify each enhancement project

30  to be evaluated. The evaluation must analyze all

31  administrative costs associated with operating the enhancement

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  1  projects. The evaluator must be independent of the department

  2  and the service providers and must have demonstrated

  3  experience in evaluating mental health and substance abuse

  4  programs for older adults. The department shall submit a

  5  report to the President of the Senate and the Speaker of the

  6  House of Representatives by December 31, 2003, which must

  7  include findings and conclusions for each enhancement project

  8  and provide recommendations for statewide implementation.

  9         Section 12.  Older adult interagency system of care

10  demonstration models.--

11         (1)  DEVELOPMENT.--

12         (a)  The Agency for Health Care Administration, the

13  Department of Health, the Department of Children and Family

14  Services, and the Department of Elderly Affairs shall form a

15  consortium, hereinafter referred to as "the consortium," by

16  entering into a partnership agreement to create and oversee

17  older adult interagency system of care demonstration models.

18  The partnership agreement may not divest any public or private

19  agency of its responsibility for an older adult but may allow

20  participating agencies to better meet the needs of older

21  adults through the sharing of resources. The consortium shall

22  ensure that funds appropriated in the General Appropriations

23  Act for direct services to the target populations are not

24  expended for any other purpose. The departments shall

25  collaborate to implement this section, and the Department of

26  Elderly Affairs shall be the lead agency.

27         (b)  The consortium shall establish a local oversight

28  body that is responsible for directing each demonstration

29  model. The oversight body shall include representatives of the

30  state agencies that comprise the consortium, representatives

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  1  of local government as well as other appropriate community

  2  entities, and older adults.

  3         (c)  A demonstration model, unless otherwise authorized

  4  by the consortium, shall operate for 3 years, utilizing

  5  existing funds. Pursuant to the direction of the consortium,

  6  each demonstration model shall maintain appropriate program

  7  and fiscal accountability.

  8         (2)  PURPOSE.--The purpose of the older adult

  9  interagency system of care demonstration models is to test

10  various designs and strategies for the planning, integration,

11  or coordination of the interagency delivery of services to

12  older adults who have mental health or substance abuse

13  problems and their families or support systems. In addition to

14  the guiding principles specified in section 2 and the

15  principles of the service planning process specified in

16  section 8(2), each demonstration model shall seek to:

17         (a)  Enhance and expedite services to older adults with

18  mental health or substance abuse problems.

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

20  strengths approach in assessment and service planning and

21  eliminate case management duplication.

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

23  community to help meet the service needs of the older adult.

24         (d)  Improve interagency planning efforts through

25  greater collaboration between public and private

26  community-based agencies.

27         (e)  Test creative and flexible strategies for

28  financing and purchasing mental health and substance abuse

29  services for older adults.

30         (f)  Establish information-sharing mechanisms with

31  state and community agencies.

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  1         (3)  MODEL ENHANCEMENTS.--

  2         (a)  The Legislature finds that reimbursement

  3  restrictions, such as narrowly defined cost centers or

  4  appropriation categories, do not typically allow for the

  5  integrated and coordinated interagency purchase of formal and

  6  informal services that are needed by older adults who have

  7  mental health or substance abuse problems. Therefore, each

  8  demonstration model may use an integrated blend of state,

  9  federal, and local funds, and may expend funds, chapter 216,

10  Florida Statutes, notwithstanding, for services without

11  categorical or cost-center restraints. Funds shall be

12  allocated so as to allow the demonstration models to provide

13  the most appropriate care and treatment to the older adult,

14  including a range of traditional and nontraditional services,

15  in the least restrictive setting that is clinically

16  appropriate to the needs of the older adult.

17         (b)  The consortium may use prospective payment

18  mechanisms through which a demonstration model and its

19  contracted service providers accept financial risk for

20  producing outcomes for the target populations.

21         (c)  The consortium shall reinvest cost savings in the

22  community-based older adult mental health and substance abuse

23  services system.

24         (d)  The consortium shall establish a funding plan that

25  allocates proportionate costs to the participating state

26  agencies. The funding plan shall be developed based on an

27  analysis of expenditures made by each participating state

28  agency during the previous 2 fiscal years in which services

29  were provided for members of the target populations or for

30  individuals who have characteristics that are similar to the

31  members of the target populations. Based on the results of

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  1  this cost analysis, funds shall be collected from each of the

  2  participating state agencies and deposited into a central

  3  financial account. A financial body shall be designated by the

  4  consortium to manage the pool of funds and shall have the

  5  capability to pay for individual services specified in a

  6  services plan.

  7         (4)  EVALUATION.--An independent evaluation of each

  8  demonstration model shall be conducted to identify more

  9  effective ways in which to serve the most complex cases of

10  older adults who have a serious emotional disturbance, mental

11  illness, or substance abuse problem; to determine better

12  utilization of public resources; to assess ways that community

13  agencies may share pertinent client information; and to

14  determine to what extent the project achieved its stated

15  goals. The consortium shall identify each demonstration model

16  to be evaluated. The evaluation must analyze all

17  administrative costs associated with operating the

18  demonstration models. The evaluator must be independent of the

19  consortium and the model service providers and must have

20  demonstrated experience in evaluating mental health and

21  substance abuse programs for older adults. The consortium

22  shall submit a report to the President of the Senate and the

23  Speaker of the House of Representatives by December 31, 2003,

24  which must include findings and conclusions for each local

25  demonstration model and provide recommendations for statewide

26  implementation.

27         (5)  RULES.--Each participating state agency shall have

28  the authority to adopt rules for implementing the

29  demonstration models. These rules shall be developed in

30  cooperation with other appropriate state agencies for

31  implementation within 90 days after obtaining any necessary

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  1  federal waivers. The Medicaid program within the Agency for

  2  Health Care Administration may obtain any federal waivers

  3  necessary for implementing the demonstration models.

  4         Section 13.  The Department of Children and Family

  5  Services is authorized to adopt rules as necessary for the

  6  implementation of the Comprehensive Older Adult Mental Health

  7  and Substance Abuse Services Act.

  8         Section 14.  This act shall take effect July 1, 2000.

  9

10            *****************************************

11                          HOUSE SUMMARY

12
      Creates the "Comprehensive Older Adult Mental Health and
13    Substance Abuse Services Act." Provides guiding
      principles for development of a publicly funded older
14    adult mental health and substance abuse treatment and
      support system of services. Directs the Department of
15    Children and Family Services to develop a comprehensive
      plan for service delivery, to be submitted periodically
16    to the Governor and Legislature, beginning August 1,
      2001. Provides for data collection and analysis.
17    Specifies older adult target populations. Provides for
      statewide standards, programs and services, performance
18    measures, a service planning process, case management
      services, training requirements for service providers,
19    and public education and outreach programs. Provides for
      competitive selection of projects to be funded to enhance
20    existing community mental health and substance abuse
      systems to serve older adults. Requires evaluation of
21    such projects and report to the Legislature by December
      31, 2003. Provides for 3-year demonstration models to
22    test strategies for delivery of services to older adults,
      overseen by a consortium of the Agency for Health Care
23    Administration and the Departments of Health, Children
      and Family Services, and Elderly Affairs. Provides for
24    establishment of a local oversight body for each
      demonstration model. Provides requirements for services
25    and funding, provides for independent evaluation of each
      demonstration model, and requires a report to the
26    Legislature by December 31, 2003.

27

28

29

30

31

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