House Bill 1043c1

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    Florida House of Representatives - 2000             CS/HB 1043

        By the Committee on Elder Affairs & Long-Term Care and
    Representative Hafner





  1                      A bill to be entitled

  2         An act relating to mental health and substance

  3         abuse services; amending s. 394.67, F.S.;

  4         defining "older adult" with respect to the

  5         Community Alcohol, Drug Abuse, and Mental

  6         Health Services Act; creating s. 394.702, F.S.;

  7         providing guiding principles for the service

  8         planning process; amending s. 397.311, F.S.;

  9         defining "older adult" with respect to

10         substance abuse services; amending ss. 397.416

11         and 440.102, F.S.; correcting cross references;

12         including certain older adults in the target

13         groups for substance abuse and mental health

14         services of the Department of Children and

15         Family Services; requiring the department to

16         track and report on providers of such services

17         to older adults; directing the department to

18         establish training in aging, mental health, and

19         substance abuse for providers, state agencies,

20         and others; authorizing the department to

21         accept grants for such training; directing the

22         department to establish public education and

23         outreach programs for mental health and

24         substance abuse treatment for older adults;

25         authorizing the department to accept grants for

26         such purposes; providing for older adult

27         interagency coordination of services

28         demonstration projects for provision of mental

29         health and substance abuse services to adults

30         age 60 and over; providing for evaluation of

31         demonstration projects; requiring a report;

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  1         providing an appropriation; providing an

  2         effective date.

  3

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

  5

  6         Section 1.  Subsections (15) through (20) of section

  7  394.67, Florida Statutes, are renumbered as subsections (16)

  8  through (21), respectively, and a new subsection (15) is added

  9  to said section to read:

10         394.67  Definitions.--As used in this part, the term:

11         (15)  "Older adult" means a person age 60 or older.

12         Section 2.  Section 394.702, Florida Statutes, is

13  created to read:

14         394.702  Guiding principles for service planning.--The

15  following principles of the service planning process shall

16  guide the development of the publicly funded mental health and

17  substance abuse service delivery system:

18         (1)  The system of care should be centered on the

19  client, with the needs and strengths of the client and his or

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

21  services provided.

22         (2)  Citizens who reflect the diversity of client

23  populations in terms of age, gender, ethnicity, and race

24  should be active participants in planning, selecting, and

25  delivering mental health and substance abuse services at the

26  local level, as well as in developing statewide policies for

27  older adult mental health and substance abuse services.

28         (3)  Clients should receive individualized services,

29  guided by an individualized service plan, in accordance with

30  the unique needs and strengths of each client and his or her

31  family or support system.

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  1         (4)  The system should include comprehensive screening,

  2  assessment, internal case finding, and outreach to identify

  3  citizens who are in need of mental health or substance abuse

  4  services and should target known risk factors.

  5         (5)  Clients should receive services within the least

  6  restrictive environment appropriate to the service needs and

  7  quality of life of each client.

  8         (6)  Mental health and substance abuse programs and

  9  services should support and strengthen families and support

10  systems, so that families or support systems can more

11  adequately meet the mental health and substance abuse services

12  needs of clients.

13         (7)  Mental health and substance abuse services should

14  be provided in a manner which is sensitive and responsive to

15  the special needs that derive from the race, ethnicity,

16  gender, and age of the client.

17         Section 3.  Subsections (21) through (30) of section

18  397.311, Florida Statutes, are renumbered as subsections (22)

19  through (31), respectively, and a new subsection (21) is added

20  to said section to read:

21         397.311  Definitions.--As used in this chapter, except

22  part VIII:

23         (21)  "Older adult" means a person age 60 or older.

24         Section 4.  Subsection (2) of section 397.416, Florida

25  Statutes, is amended to read:

26         397.416  Substance abuse treatment services; qualified

27  professional.--

28         (2)  Notwithstanding any other provision of law, a

29  person who was certified through a certification process

30  recognized by the former Department of Health and

31  Rehabilitative Services before January 1, 1995, may perform

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  1  the duties of a qualified professional with respect to

  2  substance abuse treatment services as defined in this chapter,

  3  and need not meet the certification requirements contained in

  4  s. 397.311(26)(25).

  5         Section 5.  Paragraphs (d) and (g) of subsection (1) of

  6  section 440.102, Florida Statutes, are amended to read:

  7         440.102  Drug-free workplace program requirements.--The

  8  following provisions apply to a drug-free workplace program

  9  implemented pursuant to law or to rules adopted by the Agency

10  for Health Care Administration:

11         (1)  DEFINITIONS.--Except where the context otherwise

12  requires, as used in this act:

13         (d)  "Drug rehabilitation program" means a service

14  provider, established pursuant to s. 397.311(29)(28), that

15  provides confidential, timely, and expert identification,

16  assessment, and resolution of employee drug abuse.

17         (g)  "Employee assistance program" means an established

18  program capable of providing expert assessment of employee

19  personal concerns; confidential and timely identification

20  services with regard to employee drug abuse; referrals of

21  employees for appropriate diagnosis, treatment, and

22  assistance; and followup services for employees who

23  participate in the program or require monitoring after

24  returning to work. If, in addition to the above activities, an

25  employee assistance program provides diagnostic and treatment

26  services, these services shall in all cases be provided by

27  service providers pursuant to s. 397.311(29)(28).

28         Section 6.  Target groups.--The Department of Children

29  and Family Services shall revise its target groups for

30  substance abuse and mental health services approved pursuant

31  to s. 216.0166, Florida Statutes, to include "older adults in

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    Florida House of Representatives - 2000             CS/HB 1043

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  1  crisis," "older adults who are at risk of being placed in a

  2  more restrictive environment because of their mental illness

  3  or substance abuse," "older adults with severe and persistent

  4  mental illness," and "older adults in need of substance abuse

  5  treatment." The department shall track and report specifically

  6  on substance abuse and mental health services provided to

  7  older adults.

  8         Section 7.  Substance abuse and mental health problems

  9  among older adults; prevention and training program.--

10         (1)  Individuals treating or serving adults age 60 and

11  over should have appropriate and ongoing training in aging,

12  mental health, and substance abuse. The Department of Children

13  and Family Services shall work with providers, licensure

14  boards, professional organizations, educators, and other state

15  agencies, including, but not limited to, the Department of

16  Elderly Affairs, the Department of Health, and the Agency for

17  Health Care Administration, to establish appropriate education

18  and training. The department is encouraged to foster the

19  development of continuing education by existing professional

20  membership organizations and education institutions.

21         (2)  Training may include, but is not limited to,

22  education regarding:

23         (a)  The incidence of mental health disorders and

24  substance abuse among older adults.

25         (b)  The possible effects of mental health and

26  substance abuse problems on the health of older adults.

27         (c)  Barriers to treatment of mental health disorders

28  and substance abuse encountered by older adults.

29         (d)  Strategies for recognizing indicators of mental

30  health or substance abuse problems.

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  1         (e)  Community resources that offer preventive,

  2  rehabilitative, and primary care services to older adults

  3  experiencing, or at risk of experiencing, mental health or

  4  substance abuse problems, in order to facilitate the

  5  provider's ability to make appropriate referrals.

  6         (f)  Treatment modalities that have been shown to be

  7  effective in helping older adults with mental health or

  8  substance abuse problems.

  9         (3)  The department may accept, for the purposes of

10  this section, any special grant of money, services, or

11  property from the Federal Government, or any of its agencies,

12  or from any foundation, organization, or medical school.

13         Section 8.  Public education and outreach to older

14  adults.--

15         (1)  The Department of Children and Family Services

16  shall develop methods of information dissemination designed to

17  overcome the barriers to mental health and substance abuse

18  treatment within the population of adults age 60 and over.

19  Innovative outreach programs must be developed and promoted to

20  improve the diversion of older adults from expensive and

21  intensive forms of care. The department shall develop a

22  marketing and public education plan for how best to develop

23  prevention and treatment strategies aimed at an older

24  audience. The department shall work with other state agencies,

25  including, but not limited to, the Department of Elderly

26  Affairs, the Department of Health, and the Agency for Health

27  Care Administration, to develop innovative marketing and

28  public education materials and strategies.

29         (2)  The department may accept, for the purposes of

30  this section, any special grant of money, services, or

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  1  property from the Federal Government, or any of its agencies,

  2  or from any foundation or organization.

  3         Section 9.  Older adult interagency coordination of

  4  services demonstration projects.--

  5         (1)  DEVELOPMENT.--

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

  7  Department of Health, the Department of Children and Family

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

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

10  entering into a partnership agreement to create and oversee

11  older adult interagency coordination of services demonstration

12  projects for the provision of mental health and substance

13  abuse services to adults age 60 and over. The Department of

14  Elderly Affairs shall be the lead agency.

15         (b)  The consortium shall implement at least one

16  demonstration project and may implement up to three

17  demonstration projects. The demonstration projects shall

18  operate for 3 years.

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

20  interagency coordination of services demonstration projects is

21  to test various designs and strategies for the planning,

22  integration, or coordination of the interagency delivery of

23  services to older adults who have mental health or substance

24  abuse problems, and their families or support systems. Each

25  demonstration project shall seek to:

26         (a)  Refine the process of case management using the

27  strengths approach in assessment and service planning and

28  eliminate case management duplication.

29         (b)  Employ natural supports in the family and the

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

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  1         (c)  Improve interagency planning efforts through

  2  greater collaboration between public and private

  3  community-based agencies.

  4         (3)  EVALUATION.--The Agency for Health Care

  5  Administration shall conduct an evaluation of the

  6  demonstration projects. The agency shall submit a copy of its

  7  evaluation to the Secretary of Elderly Affairs, the Secretary

  8  of Health, the Secretary of Children and Family Services, the

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

10  Representatives by December 31, 2004.

11         Section 10.  There is hereby appropriated from the

12  General Revenue Fund to the Department of Children and Family

13  Services the sum of $250,000 to provide training in aging,

14  mental health, and substance abuse to individuals serving

15  older adults, as specified in section 7, and to provide for

16  establishment of public education and outreach programs, as

17  specified in section 8.

18         Section 11.  This act shall take effect upon becoming a

19  law.

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