CODING: Words stricken are deletions; words underlined are additions.
                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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10  ______________________________________________________________
11  Representative(s) Argenziano offered the following:
12
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15
16  and insert in lieu thereof:
17         Section 1.  Subsection (18) of section 394.455, Florida
18  Statutes, is amended to read:
19         394.455  Definitions.--As used in this part, unless the
20  context clearly requires otherwise, the term:
21         (18)  "Mental illness" means an impairment of the
22  mental or emotional processes that exercise conscious control
23  of one's actions or of the ability to perceive or understand
24  reality, which impairment substantially interferes with a
25  person's ability to meet the ordinary demands of living,
26  regardless of etiology. For the purposes of this part, the
27  term does not include retardation or developmental disability
28  as defined in chapter 393, intoxication, or conditions
29  manifested only by antisocial behavior or substance abuse
30  impairment.
31         Section 2.  Subsection (7) of section 394.492, Florida
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  Statutes, is amended to read:
  2         394.492  Definitions.--As used in ss. 394.490-394.497,
  3  the term:
  4         (7)  "Child or adolescent who is experiencing an acute
  5  mental or emotional crisis" means a child or adolescent who
  6  experiences a psychotic episode or a high level of mental or
  7  emotional distress which may be precipitated by a traumatic
  8  event or a perceived life problem for which the individual's
  9  typical coping strategies are inadequate. The term an acute
10  mental or emotional problem and includes a child or adolescent
11  who meets the criteria for involuntary examination specified
12  in s. 394.463(1).
13         Section 3.  Subsections (2) and (3) of section 394.493,
14  Florida Statutes, are amended to read:
15         394.493  Target populations for child and adolescent
16  mental health services funded through the department.--
17         (2)  Each mental health provider under contract with
18  the department to provide mental health services to the target
19  population shall collect fees from the parent or legal
20  guardian of the child or adolescent receiving services. The
21  fees shall be based on a sliding fee scale for families whose
22  net family income is at or above 150 between 100 percent and
23  200 percent of the Federal Poverty Income Guidelines. The
24  department shall adopt, by rule, a sliding fee scale for
25  statewide implementation. A family whose net family income is
26  200 percent or more above the Federal Poverty Income
27  Guidelines is responsible for paying the cost of services.
28  Fees collected from families shall be retained in the service
29  district and used for expanding child and adolescent mental
30  health treatment services.
31         (3)  Each child or adolescent who meets the target
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  population criteria of this section shall be served to the
  2  extent possible within available resources and consistent with
  3  the portion of the district substance alcohol, drug abuse, and
  4  mental health plan specified in s. 394.75 which pertains to
  5  child and adolescent mental health services.
  6         Section 4.  Section 394.65, Florida Statutes, is
  7  amended to read:
  8         394.65  Short title.--This part may be cited shall be
  9  known as "The Community Substance Alcohol, Drug Abuse, and
10  Mental Health Services Act."
11         Section 5.  Section 394.66, Florida Statutes, is
12  amended to read:
13         394.66  Legislative intent with respect to substance
14  alcohol, drug abuse, and mental health services.--It is the
15  intent of the Legislature to:
16         (1)  Recognize that mental illness and substance abuse
17  impairment are diseases that are responsive to medical and
18  psychological interventions and management that integrate
19  treatment, rehabilitative, and support services to achieve
20  quality and cost-efficient outcomes for clients and for
21  community-based treatment systems.
22         (2)(1)  Promote and improve the mental health of the
23  citizens of the state by making substance abuse and mental
24  health treatment and support services available to those
25  persons who are most in need and least able to pay, through a
26  community-based system of care comprehensive, coordinated
27  alcohol, drug abuse, and mental health services.
28         (3)(2)  Involve local citizens in the planning of
29  substance alcohol, drug abuse, and mental health services in
30  their communities.
31         (4)  Ensure that the department and the Agency for
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  Health Care Administration work cooperatively in planning and
  2  designing comprehensive community-based substance abuse and
  3  mental health programs that focus on the individual needs of
  4  clients.
  5         (5)(3)  Ensure that all activities of the Department of
  6  Children and Family Services and the Agency for Health Care
  7  Administration, and their respective contract providers,
  8  involved in the delivery of substance its contractors are
  9  directed toward the coordination of planning efforts in
10  alcohol, drug abuse, and mental health treatment and
11  prevention services are coordinated and integrated with other
12  local systems and groups, public and private, such as juvenile
13  justice, criminal justice, child protection, and public health
14  organizations; school districts; and local groups or
15  organizations that focus on services to older adults.
16         (6)(4)  Provide access to crisis services to all
17  residents of the state with priority of attention being given
18  to individuals exhibiting symptoms of acute or chronic mental
19  illness, alcohol abuse, or substance drug abuse.
20         (7)  Ensure that services provided to persons with
21  co-occurring mental illness and substance abuse problems be
22  integrated across treatment systems.
23         (8)(5)  Ensure continuity of care, consistent with
24  minimum standards, for persons who are released from a state
25  treatment facility into the community.
26         (9)(6)  Provide accountability for service provision
27  through statewide standards for treatment and support
28  services, and statewide standards for management, monitoring,
29  and reporting of information.
30         (10)(7)  Include substance alcohol, drug abuse, and
31  mental health services as a component of the integrated
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  service delivery system of the Department of Children and
  2  Family Services.
  3         (11)(8)  Ensure that the districts of the department
  4  are the focal point of all substance alcohol, drug abuse, and
  5  mental health planning activities, including budget
  6  submissions, grant applications, contracts, and other
  7  arrangements that can be effected at the district level.
  8         (12)(9)  Organize and finance community substance
  9  alcohol, drug abuse, and mental health services in local
10  communities throughout the state through locally administered
11  service delivery programs that are based on client outcomes,
12  are programmatically effective, and are financially efficient,
13  and that maximize the involvement of local citizens.
14         Section 6.  Section 394.67, Florida Statutes, is
15  amended to read:
16         394.67  Definitions.--As used in this part, the term:
17         (1)  "Advisory council" means a district advisory
18  council.
19         (1)(2)  "Agency" means the Agency for Health Care
20  Administration.
21         (2)(3)  "Applicant" means an individual applicant, or
22  any officer, director, agent, managing employee, or affiliated
23  person, or any partner or shareholder having an ownership
24  interest equal to a 5-percent or greater interest in the
25  corporation, partnership, or other business entity.
26         (3)(4)  "Client" means any individual receiving
27  services in any substance alcohol, drug abuse, or mental
28  health facility, program, or service, which facility, program,
29  or service is operated, funded, or regulated by the agency and
30  the department or regulated by the agency.
31         (4)  "Crisis services" means short-term evaluation,
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  stabilization, and brief intervention services provided to a
  2  person who is experiencing an acute mental or emotional
  3  crisis, as defined in subsection (22), or an acute substance
  4  abuse crisis, as defined in subsection (23), to prevent
  5  further deterioration of the person's mental health. Crisis
  6  services are provided in settings such as a crisis
  7  stabilization unit, an inpatient unit, a short-term
  8  residential treatment program, a detoxification facility, or
  9  an addictions receiving facility; at the site of the crisis by
10  a mobile crisis response team; or at a hospital on an
11  outpatient basis.
12         (5)  "Crisis stabilization unit" means a program that
13  provides an alternative to inpatient hospitalization and that
14  provides brief, intensive services 24 hours a day, 7 days a
15  week, for mentally ill individuals who are in an acutely
16  disturbed state.
17         (6)  "Department" means the Department of Children and
18  Family Services.
19         (7)  "Director" means any member of the official board
20  of directors reported in the organization's annual corporate
21  report to the Florida Department of State, or, if no such
22  report is made, any member of the operating board of
23  directors. The term excludes members of separate, restricted
24  boards that serve only in an advisory capacity to the
25  operating board.
26         (8)  "District administrator" means the person
27  appointed by the Secretary of Children and Family Services for
28  the purpose of administering a department service district as
29  set forth in s. 20.19.
30         (9)  "District plan" or "plan" means the combined
31  district substance alcohol, drug abuse, and mental health plan
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  approved by the district administrator and governing bodies in
  2  accordance with this part.
  3         (10)  "Federal funds" means funds from federal sources
  4  for substance alcohol, drug abuse, or mental health facilities
  5  and programs, exclusive of federal funds that are deemed
  6  eligible by the Federal Government, and are eligible through
  7  state regulation, for matching purposes.
  8         (11)  "Governing body" means the chief legislative body
  9  of a county, a board of county commissioners, or boards of
10  county commissioners in counties acting jointly, or their
11  counterparts in a charter government.
12         (12)  "Health and human services board" or "board"
13  means the board within a district or subdistrict of the
14  department which is established in accordance with s. 20.19
15  and designated in this part for the purpose of assessing the
16  substance abuse and mental health needs of the community and
17  developing a plan to address those needs.
18         (13)(12)  "Licensed facility" means a facility licensed
19  in accordance with this chapter.
20         (14)(13)  "Local matching funds" means funds received
21  from governing bodies of local government, including city
22  commissions, county commissions, district school boards,
23  special tax districts, private hospital funds, private gifts,
24  both individual and corporate, and bequests and funds received
25  from community drives or any other sources.
26         (15)(14)  "Managing employee" means the administrator
27  or other similarly titled individual who is responsible for
28  the daily operation of the facility.
29         (16)  "Mental health services" means those therapeutic
30  interventions and activities that help to eliminate, reduce,
31  or manage symptoms or distress for persons who have severe
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  emotional distress or a mental illness and to effectively
  2  manage the disability that often accompanies a mental illness
  3  so that the person can recover from the mental illness, become
  4  appropriately self-sufficient for his or her age, and live in
  5  a stable family or in the community. The term also includes
  6  those preventive interventions and activities that reduce the
  7  risk for or delay the onset of mental disorders. The term
  8  includes the following types of services:
  9         (a)  Treatment services, such as psychiatric
10  medications and supportive psychotherapies, which are intended
11  to reduce or ameliorate the symptoms of severe distress or
12  mental illness.
13         (b)  Rehabilitative services, which are intended to
14  reduce or eliminate the disability that is associated with
15  mental illness. Rehabilitative services may include assessment
16  of personal goals and strengths, readiness preparation,
17  specific skill training, and assistance in designing
18  environments that enable individuals to maximize their
19  functioning and community participation.
20         (c)  Support services, which include services that
21  assist individuals in living successfully in environments of
22  their choice. Such services may include income supports,
23  social supports, housing supports, vocational supports, or
24  accommodations related to the symptoms or disabilities
25  associated with mental illness.
26         (d)  Case management services, which are intended to
27  assist individuals in obtaining the formal and informal
28  resources that they need to successfully cope with the
29  consequences of their illness. Resources may include treatment
30  or rehabilitative or supportive interventions by both formal
31  and informal providers. Case management may include an
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  assessment of client needs; intervention planning with the
  2  client, his or her family, and service providers; linking the
  3  client to needed services; monitoring service delivery;
  4  evaluating the effect of services and supports; and advocating
  5  on behalf of the client.
  6
  7  Mental health services may be delivered in a variety of
  8  settings, such as inpatient, residential, partial hospital,
  9  day treatment, outpatient, club house, or a drop-in or
10  self-help center, as well as in other community settings, such
11  as the client's residence or workplace. The types and
12  intensity of services provided shall be based on the client's
13  clinical status and goals, community resources, and
14  preferences. Services such as assertive community treatment
15  involve all four types of services which are delivered by a
16  multidisciplinary treatment team that is responsible for
17  identified individuals who have a serious mental illness.
18         (17)(15)  "Patient fees" means compensation received by
19  a community substance alcohol, drug abuse, or mental health
20  facility for services rendered to a specific client clients
21  from any source of funds, including city, county, state,
22  federal, and private sources.
23         (18)  "Person who is experiencing an acute mental or
24  emotional crisis" means a child, adolescent, or adult who is
25  experiencing a psychotic episode or a high level of mental or
26  emotional distress which may be precipitated by a traumatic
27  event or a perceived life problem for which the individual's
28  typical coping strategies are inadequate. The term includes an
29  individual who meets the criteria for involuntary examination
30  specified in s. 394.463(1).
31         (19)  "Person who is experiencing an acute substance
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  abuse crisis" means a child, adolescent, or adult who is
  2  experiencing a medical or emotional crisis because of the use
  3  of alcoholic beverages or any psychoactive or mood-altering
  4  substance. The term includes an individual who meets the
  5  criteria for involuntary admission specified in s. 397.675.
  6         (20)(16)  "Premises" means those buildings, beds, and
  7  facilities located at the main address of the licensee and all
  8  other buildings, beds, and facilities for the provision of
  9  acute or residential care which are located in such reasonable
10  proximity to the main address of the licensee as to appear to
11  the public to be under the dominion and control of the
12  licensee.
13         (21)(17)  "Program office" means the Alcohol, Drug
14  Abuse, and Mental Health Program Office of the Department of
15  Children and Family Services.
16         (22)  "Sliding fee scale" means a schedule of fees for
17  identified services delivered by a service provider which are
18  based on a uniform schedule of discounts deducted from the
19  service provider's usual and customary charges. These charges
20  must be consistent with the prevailing market rates in the
21  community for comparable services.
22         (23)  "Substance abuse services" means services
23  designed to prevent or remediate the consequences of substance
24  abuse, improve an individual's quality of life and
25  self-sufficiency, and support long-term recovery. The term
26  includes the following service categories:
27         (a)  Prevention services, which include information
28  dissemination; education regarding the consequences of
29  substance abuse; alternative drug-free activities; problem
30  identification; referral of persons to appropriate prevention
31  programs; community-based programs that involve members of
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  local communities in prevention activities; and environmental
  2  strategies to review, change, and enforce laws that control
  3  the availability of controlled and illegal substances.
  4         (b)  Assessment services, which includes the evaluation
  5  of individuals and families in order to identify their
  6  strengths and determine their required level of care,
  7  motivation, and need for treatment and ancillary services.
  8         (c)  Intervention services, which include early
  9  identification, short-term counseling and referral, and
10  outreach.
11         (d)  Rehabilitation services, which include
12  residential, outpatient, day or night, case management,
13  in-home, psychiatric, and medical treatment, and methadone or
14  medication management.
15         (e)  Ancillary services, which include self-help and
16  other support groups and activities; aftercare provided in a
17  structured, therapeutic environment; supported housing;
18  supported employment; vocational services; and educational
19  services.
20         (24)(18)  "Residential treatment facility" means a
21  facility providing residential care and treatment to
22  individuals exhibiting symptoms of mental illness who are in
23  need of a 24-hour-per-day, 7-day-a-week structured living
24  environment, respite care, or long-term community placement.
25         (19)  "Service district" means a community service
26  district as established by the department under s. 20.19 for
27  the purpose of providing community alcohol, drug abuse, and
28  mental health services.
29         (20)  "Service provider" means any agency in which all
30  or any portion of the programs or services set forth in s.
31  394.675 are carried out.
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1         Section 7.  Section 394.674, Florida Statutes, is
  2  created to read:
  3         394.674  Clinical eligibility for publicly funded
  4  substance abuse and mental health services; fee collection
  5  requirements.--
  6         (1)  To be eligible to receive substance abuse and
  7  mental health services funded by the department, a person must
  8  be a member of one of the department's target groups approved
  9  by the Legislature, pursuant to s. 216.0166.
10         (2)  Crisis services, as defined in s. 394.67, must,
11  within the limitations of available state and local matching
12  resources, be available to each person who is eligible for
13  services under subsection (1), regardless of the person's
14  ability to pay for such services. A person who is experiencing
15  a mental health crisis and who does not meet the criteria for
16  involuntary examination under s. 394.463(1), or a person who
17  is experiencing a substance abuse crisis and who does not meet
18  the involuntary admission criteria in s. 397.675, must
19  contribute to the cost of his or her care and treatment
20  pursuant to the sliding fee scale developed under subsection
21  (4), unless charging a fee is contraindicated because of the
22  crisis situation.
23         (3)  Mental health services, substance abuse services,
24  and crisis services, as defined in s. 394.67, must, within the
25  limitations of available state and local matching resources,
26  be available to each person who is eligible for services under
27  subsection (1). Such person must contribute to the cost of his
28  or her care and treatment pursuant to the sliding fee scale
29  developed under subsection (4).
30         (4)  The department shall adopt rules to implement the
31  clinical eligibility and fee collection requirements for
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  publicly funded substance abuse and mental health services.
  2  The rules must require that each provider under contract with
  3  the department develop a sliding fee scale for persons who
  4  have a net family income at or above 150 percent of the
  5  Federal Poverty Income Guidelines, unless otherwise required
  6  by state or federal law. The sliding fee scale must use the
  7  uniform schedule of discounts by which a provider under
  8  contract with the department discounts its established client
  9  charges for services supported with state, federal, or local
10  funds, using, at a minimum, factors such as family income,
11  financial assets, and family size as declared by the person or
12  the person's guardian. The rules must include uniform criteria
13  to be used by all service providers in developing the schedule
14  of discounts for the sliding fee scale. The rules must address
15  the most expensive types of treatment, such as residential and
16  inpatient treatment, in order to make it possible for a client
17  to responsibly contribute to his or her mental health or
18  substance abuse care without jeopardizing the family's
19  financial stability. A person who is not eligible for Medicaid
20  and whose net family income is less than 150 percent of the
21  Federal Poverty Income Guidelines must pay a portion of his or
22  her treatment costs which is comparable to the copayment
23  amount required by the Medicaid program for Medicaid clients
24  pursuant to s. 409.9081. The rules must require that persons
25  who receive financial assistance from the Federal Government
26  because of a disability and are in long-term residential
27  treatment settings contribute to their board and care costs
28  and treatment costs and must be consistent with the provisions
29  in s. 409.212.
30         (5)  A person who meets the eligibility criteria in
31  subsection (1) shall be served in accordance with the
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  appropriate district substance abuse and mental health
  2  services plan specified in s. 394.75 and within available
  3  resources.
  4         Section 8.  Section 394.675, Florida Statutes, is
  5  amended to read:
  6         394.675  Substance Alcohol, drug abuse, and mental
  7  health service system.--
  8         (1)  A community-based system of comprehensive
  9  substance alcohol, drug abuse, and mental health services
10  shall be established and shall include as follows:
11         (a)  Crisis services.
12         (b)  Substance abuse services.
13         (c)  Mental health services.
14         (a)  "Primary care services" are those services which,
15  at a minimum, must be made available in each service district
16  to persons who have acute or chronic mental illnesses, who are
17  acute or chronic drug dependents, and who are acute or chronic
18  alcohol abusers to provide them with immediate care and
19  treatment in crisis situations and to prevent further
20  deterioration or exacerbation of their conditions.  These
21  services include, but are not limited to,
22  emergency-stabilization services, detoxification services,
23  inpatient services, residential services, and case management
24  services.
25         (b)  "Rehabilitative services" are those services which
26  are made available to the general population at risk of
27  serious mental health problems or substance abuse problems or
28  which are provided as part of a rehabilitative program.  These
29  services are designed to prepare or train persons to function
30  within the limits of their disabilities, to restore previous
31  levels of functioning, or to improve current levels of
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                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  inadequate functioning. Rehabilitative services include, but
  2  are not limited to, outpatient services, day treatment
  3  services, and partial hospitalization services.
  4         (c)  "Preventive services" are those services which are
  5  made available to the general population for the purpose of
  6  preventing or ameliorating the effects of alcohol abuse, drug
  7  abuse, or mental illness.  These services emphasize the
  8  reduction of the occurrence of emotional disorders, mental
  9  disorders, and substance abuse through public education, early
10  detection, and timely intervention.  Preventive services
11  include consultation, public education, and prevention
12  services which have been determined through the district
13  planning process to be necessary to complete a continuum of
14  services as required by this part and which are included in
15  the district plan.
16         (2)  Notwithstanding the provisions of this part, funds
17  that which are provided through state and federal sources for
18  specific services or for specific populations shall be used
19  for those purposes.
20         Section 9.  Section 394.676, Florida Statutes, is
21  created to read:
22         394.676  Indigent psychiatric medication program.--
23         (1)  Within legislative appropriations, the department
24  may establish the indigent psychiatric medication program to
25  purchase psychiatric medications for persons as defined in s.
26  394.492(5) or (6) or pursuant to s. 394.674(1), who do not
27  reside in a state mental health treatment facility or an
28  inpatient unit.
29         (2)  The department must adopt rules to administer the
30  indigent psychiatric medication program. The rules must
31  prescribe the clinical and financial eligibility of clients
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  who may receive services under the indigent psychiatric
  2  medication program, the requirements that community-based
  3  mental health providers must meet to participate in the
  4  program, and the sanctions to be applied for failure to meet
  5  those requirements.
  6         (3)  To the extent possible within existing
  7  appropriations, the department must ensure that
  8  non-Medicaid-eligible indigent individuals discharged from
  9  mental health treatment facilities continue to receive the
10  medications which effectively stabilized their mental illness
11  in the treatment facility, or newer medications, without
12  substitution by a service provider unless such substitution is
13  clinically indicated as determined by the licensed physician
14  responsible for such individual's psychiatric care.
15         Section 10.  Section 394.74, Florida Statutes, is
16  amended to read:
17         394.74  Contracts for provision of local substance
18  alcohol, drug abuse, and mental health programs.--
19         (1)  The department, when funds are available for such
20  purposes, is authorized to contract for the establishment and
21  operation of local substance alcohol, drug abuse, and mental
22  health programs with any hospital, clinic, laboratory,
23  institution, or other appropriate service provider.
24         (2)(a)  Contracts for service shall be consistent with
25  the approved district plan and the service priorities
26  established in s. 394.75(4).
27         (b)  Notwithstanding s. 394.76(3)(a) and (c), the
28  department may use unit cost methods of payment in contracts
29  for purchasing mental health and substance abuse services. The
30  unit cost contracting system must account for those patient
31  fees that are paid on behalf of a specific client and those
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    Amendment No. ___ (for drafter's use only)
  1  that are earned and used by the provider for those services
  2  funded in whole or in part by the department.
  3         (c)  The department may reimburse actual expenditures
  4  for startup contracts and fixed capital outlay contracts in
  5  accordance with contract specifications.
  6         (3)  Contracts shall include, but are not limited to:
  7         (a)  A provision that, within the limits of available
  8  resources, substance primary care alcohol, drug abuse, and
  9  mental health crisis services, as defined in s. 394.67(4),
10  shall be available to any individual residing or employed
11  within the service area, regardless of ability to pay for such
12  services, current or past health condition, or any other
13  factor;
14         (b)  A provision that such services be available with
15  priority of attention being given to individuals who exhibit
16  symptoms of chronic or acute substance alcoholism, drug abuse,
17  or mental illness and who are unable to pay the cost of
18  receiving such services;
19         (c)  A provision that every reasonable effort to
20  collect appropriate reimbursement for the cost of providing
21  substance alcohol, drug abuse, and mental health services to
22  persons able to pay for services, including first-party
23  payments and third-party payments, shall be made by facilities
24  providing services pursuant to this act;
25         (d)  A program description and line-item operating
26  budget by program service component for substance alcohol,
27  drug abuse, and mental health services, provided the entire
28  proposed operating budget for the service provider will be
29  displayed; and
30         (e)  A requirement that the contractor must conform to
31  department rules and the priorities established thereunder.
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    Amendment No. ___ (for drafter's use only)
  1         (4)  The department shall develop standard contract
  2  forms for use between the district administrator and community
  3  substance alcohol, drug abuse, and mental health service
  4  providers.
  5         (5)  Nothing in This part does not prevent prevents any
  6  municipality city or county, or combination of municipalities
  7  cities and counties, from owning, financing, and operating a
  8  substance an alcohol, drug abuse, or mental health program by
  9  entering into an arrangement with the district to provide, and
10  be reimbursed for, services provided as part of the district
11  plan.
12         Section 11.  Section 394.75, Florida Statutes, is
13  amended to read:
14         394.75  State and district substance alcohol, drug
15  abuse, and mental health plans.--
16         (1)(a)  Every 3 years, beginning in 2001, the
17  department, in consultation with the Medicaid program in the
18  Agency for Health Care Administration, shall prepare a state
19  master plan for the delivery and financing of a system of
20  publicly funded, community-based substance abuse and mental
21  health services throughout the state.
22         (b)  The initial plan must include an assessment of the
23  clinical practice guidelines and standards for community-based
24  mental health and substance abuse services delivered by
25  persons or agencies under contract with the Department of
26  Children and Family Services. The assessment must include an
27  inventory of current clinical guidelines and standards used by
28  persons and agencies under contract with the department, and
29  by nationally recognized accreditation organizations, to
30  address the quality of care and must specify additional
31  clinical practice standards and guidelines for new or existing
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    Amendment No. ___ (for drafter's use only)
  1  services and programs.
  2         (c)  The plan must propose changes in department policy
  3  or statutory revisions to strengthen the quality of mental
  4  health and substance abuse treatment and support services.
  5         (d)  The plan must identify strategies for meeting the
  6  treatment and support needs of children, adolescents, adults,
  7  and older adults who have, or are at risk of having, mental,
  8  emotional, or substance abuse problems as defined in chapter
  9  394 or chapter 397.
10         (e)  The plan must include input from persons who
11  represent local communities; local government entities that
12  contribute funds to the local substance abuse and mental
13  health treatment systems; consumers of publicly funded
14  substance abuse and mental health services, and their
15  families; and stakeholders interested in mental health and
16  substance abuse services. The plan must describe the means by
17  which this local input occurred. The plan shall be updated
18  annually.
19         (f)  The plan must include statewide policies and
20  planning parameters that will be used by the health and human
21  services boards in preparing the district substance abuse and
22  mental health plans.
23         (g)  The district plans shall be one component of the
24  state master plan.
25         (2)  The state master plan shall also include:
26         (a)  A proposal for the development of a data system
27  that will evaluate the effectiveness of programs and services
28  provided to clients of the substance abuse and mental health
29  service system.
30         (b)  A proposal to resolve the funding discrepancies
31  between districts.
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    Amendment No. ___ (for drafter's use only)
  1         (c)  A methodology for the allocation of resources
  2  available from federal, state, and local sources and a
  3  description of the current level of funding available from
  4  each source.
  5         (d)  A description of the statewide priorities for
  6  clients and services, and each district's priorities for
  7  clients and services.
  8         (e)  Recommendations for methods of enhancing local
  9  participation in the planning, organization, and financing of
10  substance abuse and mental health services.
11         (f)  A description of the current methods of
12  contracting for services, an assessment of the efficiency of
13  these methods in providing accountability for contracted
14  funds, and recommendations for improvements to the system of
15  contracting.
16         (g)  Recommendations for improving access to services
17  by clients and their families.
18         (h)  Guidelines and formats for the development of
19  district plans.
20         (i)  Recommendations for future directions for the
21  substance abuse and mental health service delivery system.
22
23  A schedule, format, and procedure for development and review
24  of the state master plan shall be adopted by the department by
25  June of each year. The plan and annual updates must be
26  submitted to the President of the Senate and the Speaker of
27  the House of Representatives by January 1 of each year,
28  beginning January 1, 2001.
29         (3)  The district health and human services board shall
30  prepare an integrated district substance abuse and mental
31  health plan.  The plan shall be prepared and updated on a
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                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  schedule established by the Alcohol, Drug Abuse, and Mental
  2  Health Program Office. The plan shall reflect the needs and
  3  program priorities established by the department and the needs
  4  of the district established under ss. 394.674 and 394.675. The
  5  plan must list in order of priority the mental health and the
  6  substance abuse treatment needs of the district and must rank
  7  each program separately. The plan shall include:
  8         (a)  A record of the total amount of money available in
  9  the district for mental health and substance abuse services.
10         (b)  A description of each service that will be
11  purchased with state funds.
12         (c)  A record of the amount of money allocated for each
13  service identified in the plan as being purchased with state
14  funds.
15         (d)  A record of the total funds allocated to each
16  provider.
17         (e)  A record of the total funds allocated to each
18  provider by type of service to be purchased with state funds.
19         (f)  Input from community-based persons, organizations,
20  and agencies interested in substance abuse and mental health
21  treatment services; local government entities that contribute
22  funds to the public substance abuse and mental health
23  treatment systems; and consumers of publicly funded substance
24  abuse and mental health services, and their family members.
25  The plan must describe the means by which this local input
26  occurred.
27         (1)(a)  The district planning council shall prepare a
28  combined district alcohol, drug abuse, and mental health plan.
29  The plan shall be prepared on a biennial basis and shall be
30  reviewed annually and shall reflect both the program
31  priorities established by the department and the needs of the
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                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  district.  The plan shall include a program description and
  2  line-item budget by program service component for alcohol,
  3  drug abuse, and mental health service providers that will
  4  receive state funds.  The entire proposed operating budget for
  5  each service provider shall be displayed.  A schedule, format,
  6  and procedure for development and review of the plan shall be
  7  promulgated by the department.
  8
  9  (b)  The plan shall be submitted by the district board
10  planning council to the district administrator and to the
11  governing bodies for review, comment, and approval, as
12  provided in subsection (9).
13         (4)(2)  The district plan shall:
14         (a)  Describe the publicly funded, community-based
15  substance abuse and mental health system of care, and identify
16  statutorily defined populations, their service needs, and the
17  resources available and required to meet their needs.
18         (b)  Provide the means for meeting the needs of the
19  district's eligible clients, specified in ss. 394.674 and
20  394.675, for substance abuse and mental health services.
21         (c)  Provide a process for coordinating the delivery of
22  services within a community-based system of care to eligible
23  clients. Such process must involve service providers, clients,
24  and other stakeholders. The process must also provide a means
25  by which providers will coordinate and cooperate to strengthen
26  linkages, achieve maximum integration of services, foster
27  efficiencies in service delivery and administration, and
28  designate responsibility for outcomes for eligible clients.
29         (d)(a)  Provide a projection of district program and
30  fiscal needs for the next fiscal year biennium, provide for
31  the orderly and economical development of needed services, and
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  indicate priorities and resources for each population served,
  2  performance outcomes, and anticipated expenditures and
  3  revenues.
  4         (e)(b)  Include a summary budget request for the total
  5  district substance alcohol, drug abuse, and mental health
  6  program, which must shall include the funding priorities
  7  established by the district planning process.
  8         (f)(c)  Provide a basis for the district legislative
  9  budget request.
10         (g)(d)  Include a policy and procedure for allocation
11  of funds.
12         (h)(e)  Include a procedure for securing local matching
13  funds. Such a procedure shall be developed in consultation
14  with governing bodies and service providers.
15         (i)(f)  Provide for the integration of substance
16  alcohol, drug abuse, and mental health services with the other
17  departmental programs and with the criminal justice, juvenile
18  justice, child protection, school, and health care systems
19  system within the district.
20         (j)(g)  Provide a plan for the coordination of services
21  in such manner as to ensure effectiveness and avoid
22  duplication, fragmentation of services, and unnecessary
23  expenditures.
24         (k)(h)  Provide for continuity of client care between
25  state treatment facilities and community programs to assure
26  that discharge planning results in the rapid application for
27  all benefits for which a client is eligible, including
28  Medicaid coverage for persons leaving state treatment
29  facilities and returning to community-based programs.
30         (l)(i)  Provide for the most appropriate and economical
31  use of all existing public and private agencies and personnel.
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1         (m)(j)  Provide for the fullest possible and most
  2  appropriate participation by existing programs; state
  3  hospitals and other hospitals; city, county, and state health
  4  and family service agencies; drug abuse and alcoholism
  5  programs; probation departments; physicians; psychologists;
  6  social workers; marriage and family therapists; mental health
  7  counselors; clinical social workers; public health nurses;
  8  school systems; and all other public and private agencies and
  9  personnel that which are required to, or may agree to,
10  participate in the plan.
11         (n)(k)  Include an inventory of all public and private
12  substance alcohol, drug abuse, and mental health resources
13  within the district, including consumer advocacy groups and
14  self-help groups known to registered with the department.
15         (5)(3)  The district plan shall address how substance
16  abuse and mental health primary care services will be provided
17  and how a system of care for target populations continuum of
18  services will be provided given the resources available in the
19  service district. The plan must include provisions for
20  maximizing client access to the most recently developed
21  psychiatric medications approved by the United States Food and
22  Drug Administration, for developing independent housing units
23  through participation in the Section 811 program operated by
24  the United States Department of Housing and Urban Development,
25  for developing supported employment services through the
26  Division of Vocational Rehabilitation of the Department of
27  Labor and Employment Security, for providing treatment
28  services to persons with co-occurring mental illness and
29  substance abuse problems which are integrated across treatment
30  systems, and for providing services to adults who have a
31  serious mental illness, as defined in s. 394.67, and who
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  reside in assisted-living facilities.
  2         (6)(4)  The district plan shall provide the means by
  3  which the needs of the following population groups specified
  4  pursuant to s. 394.674 having priority will be addressed in
  5  the district.:
  6         (a)  Chronic public inebriates;
  7         (b)  Marginally functional alcoholics;
  8         (c)  Chronic opiate abusers;
  9         (d)  Poly-drug abusers;
10         (e)  Chronically mentally ill individuals;
11         (f)  Acutely mentally ill individuals;
12         (g)  Severely emotionally disturbed children and
13  adolescents;
14         (h)  Elderly persons at high risk of
15  institutionalization; and
16         (i)  Individuals returned to the community from a state
17  mental health treatment facility.
18         (7)(5)  In developing the district plan, optimum use
19  shall be made of any federal, state, and local funds that may
20  be available for substance alcohol, drug abuse, and mental
21  health service planning. However, the department must provide
22  these services within legislative appropriations.
23         (8)(6)  The district health and human services board
24  planning council shall establish a subcommittee to prepare the
25  portion of the district plan relating to children and
26  adolescents. The subcommittee shall include representative
27  membership of any committee organized or established by the
28  district to review placement of children and adolescents in
29  residential treatment programs. The board shall establish a
30  subcommittee to prepare the portion of the district plan which
31  relates to adult mental health and substance abuse. The
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                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  subcommittee must include representatives from the community
  2  who have an interest in mental health and substance abuse
  3  treatment for adults.
  4         (9)(7)  All departments of state government and all
  5  local public agencies shall cooperate with officials to assist
  6  them in service planning. Each district administrator shall,
  7  upon request and the availability of staff, provide
  8  consultative services to the local agency directors and
  9  governing bodies.
10         (10)(8)  The district administrator shall ensure that
11  the district plan:
12         (a)  Conforms to the priorities in the state plan, the
13  requirements of this part, and the standards adopted under
14  this part;
15         (b)  Ensures that the most effective and economical use
16  will be made of available public and private substance
17  alcohol, drug abuse, and mental health resources in the
18  service district; and
19         (c)  Has adequate provisions made for review and
20  evaluation of the services provided in the service district.
21         (11)(9)  The district administrator shall require such
22  modifications in the district plan as he or she deems
23  necessary to bring the plan into conformance with the
24  provisions of this part. If the district board planning
25  council and the district administrator cannot agree on the
26  plan, including the projected budget, the issues under dispute
27  shall be submitted directly to the secretary of the department
28  for immediate resolution.
29         (12)(10)  Each governing body that provides local funds
30  has the authority to require necessary modification to only
31  that portion of the district plan which affects substance
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  alcohol, drug abuse, and mental health programs and services
  2  within the jurisdiction of that governing body.
  3         (13)(11)  The district administrator shall report
  4  annually to the district board planning council the status of
  5  funding for priorities established in the district plan.  Each
  6  report must include:
  7         (a)  A description of the district plan priorities that
  8  were included in the district legislative budget request.;
  9         (b)  A description of the district plan priorities that
10  were included in the departmental budget request prepared
11  under s. 20.19.;
12         (c)  A description of the programs and services
13  included in the district plan priorities that were
14  appropriated funds by the Legislature in the legislative
15  session that preceded the report.
16         Section 12.  Subsection (3) of section 394.4574,
17  Florida Statutes, is amended to read:
18         394.4574  Department responsibilities for a mental
19  health resident who resides in an assisted living facility
20  that holds a limited mental health license.--
21         (3)  The Secretary of Children and Family Services, in
22  consultation with the Agency for Health Care Administration,
23  shall annually require each district administrator to develop,
24  with community input, detailed plans that demonstrate how the
25  district will ensure the provision of state-funded mental
26  health and substance abuse treatment services to residents of
27  assisted living facilities that hold a limited mental health
28  license. These plans must be consistent with the substance
29  alcohol, drug abuse, and mental health district plan developed
30  pursuant to s. 394.75 and must address case management
31  services; access to consumer-operated drop-in centers; access
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                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  to services during evenings, weekends, and holidays;
  2  supervision of the clinical needs of the residents; and access
  3  to emergency psychiatric care.
  4         Section 13.  Subsections (3), (4), (8), (9), (10), and
  5  (11) of section 394.76, Florida Statutes, are amended to read:
  6         394.76  Financing of district programs and
  7  services.--If the local match funding level is not provided in
  8  the General Appropriations Act or the substantive bill
  9  implementing the General Appropriations Act, such funding
10  level shall be provided as follows:
11         (3)  The state share of financial participation shall
12  be determined by the following formula:
13         (a)  The state share of approved program costs shall be
14  a percentage of the net balance determined by deducting from
15  the total operating cost of services and programs, as
16  specified in s. 394.675(1), those expenditures which are
17  ineligible for state participation as provided in subsection
18  (7) and those ineligible expenditures established by rule of
19  the department pursuant to s. 394.78.
20         (b)  Residential and case management services which are
21  funded as part of a deinstitutionalization project shall not
22  require local matching funds and shall not be used as local
23  matching funds.  The state and federal financial participation
24  portions of Medicaid earnings pursuant to Title XIX of the
25  Social Security Act, except for the amount of general revenue
26  equal to the amount appropriated in 1985-1986 plus all other
27  general revenue that is shifted from any other alcohol, drug
28  abuse, and mental health appropriation category after fiscal
29  year 1986-1987 or substance abuse and mental health
30  appropriation category after fiscal year 2000-2001, shall not
31  require local matching funds and shall not be used as local
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  matching funds. Local matching funds are not required for
  2  general revenue transferred by the department into substance
  3  alcohol, drug abuse, and mental health appropriations
  4  categories during a fiscal year to match federal funds earned
  5  from Medicaid services provided for mental health clients in
  6  excess of the amounts initially appropriated. Funds for
  7  children's services which were provided through the Children,
  8  Youth, and Families Services budget which did not require
  9  local match prior to being transferred to the Substance
10  Alcohol, Drug Abuse, and Mental Health Services budget shall
11  be exempt from local matching requirements.  All other
12  contracted community alcohol and mental health services and
13  programs, except as identified in s. 394.457(3), shall require
14  local participation on a 75-to-25 state-to-local ratio.
15         (c)  The expenditure of 100 percent of all third-party
16  payments and fees shall be considered as eligible for state
17  financial participation if such expenditures are in accordance
18  with subsection (7) and the approved district plan.
19         (d)  Fees generated by residential and case management
20  services which are funded as part of a deinstitutionalization
21  program and do not require local matching funds shall be used
22  to support program costs approved in the district plan.
23         (e)  Any earnings pursuant to Title XIX of the Social
24  Security Act in excess of the amount appropriated shall be
25  used to support program costs approved in the district plan.
26         (4)  Notwithstanding the provisions of subsection (3),
27  the department is authorized to develop and demonstrate
28  alternative financing systems for substance alcohol, drug
29  abuse, and mental health services.  Proposals for
30  demonstration projects conducted pursuant to this subsection
31  shall be reviewed by the substantive and appropriations
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                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  committees of the Senate and the House of Representatives
  2  prior to implementation of the projects.
  3         (8)  Expenditures for capital improvements relating to
  4  construction of, addition to, purchase of, or renovation of a
  5  community substance alcohol, drug abuse, or mental health
  6  facility may be made by the state, provided such expenditures
  7  or capital improvements are part and parcel of an approved
  8  district plan. Nothing shall prohibit the use of such
  9  expenditures for the construction of, addition to, renovation
10  of, or purchase of facilities owned by a county, city, or
11  other governmental agency of the state or a nonprofit entity.
12  Such expenditures are subject to the provisions of subsection
13  (6).
14         (9)(a)  State funds for community alcohol and mental
15  health services shall be matched by local matching funds as
16  provided in paragraph (3)(b).  The governing bodies within a
17  district or subdistrict shall be required to participate in
18  the funding of alcohol and mental health services under the
19  jurisdiction of such governing bodies. The amount of the
20  participation shall be at least that amount which, when added
21  to other available local matching funds, is necessary to match
22  state funds.
23         (b)  The provisions of paragraph (a) to the contrary
24  notwithstanding, no additional matching funds may be required
25  solely due to the addition in the General Appropriations Act
26  of Substance Alcohol, Drug Abuse, and Mental Health Block
27  Grant Funds for local community mental health centers and
28  alcohol project grants.
29         (10)  A local governing body is authorized to
30  appropriate moneys, in lump sum or otherwise, from its public
31  funds for the purpose of carrying out the provisions of this
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  part.  In addition to the payment of claims upon submission of
  2  proper vouchers, such moneys may also, at the option of the
  3  governing body, be disbursed in the form of a lump-sum or
  4  advance payment for services for expenditure, in turn, by the
  5  recipient of the disbursement without prior audit by the
  6  auditor of the governing body.  Such funds shall be expended
  7  only for substance alcohol, drug abuse, or mental health
  8  purposes as provided in the approved district plan.  Each
  9  governing body appropriating and disbursing moneys pursuant to
10  this subsection shall require the expenditure of such moneys
11  by the recipient of the disbursement to be audited annually
12  either in conjunction with an audit of other expenditures or
13  by a separate audit.  Such annual audits shall be furnished to
14  the governing bodies of each participating county and
15  municipality for their examination.
16         (11)  No additional local matching funds shall be
17  required solely due to the addition in the General
18  Appropriations Act of substance alcohol, drug abuse, and
19  mental health block grant funds for local community mental
20  health centers, drug abuse programs, and alcohol project
21  grants.
22         Section 14.  Subsection (1) of section 394.77, Florida
23  Statutes, is amended to read:
24         394.77  Uniform management information, accounting, and
25  reporting systems for providers.--The department shall
26  establish, for the purposes of control of costs:
27         (1)  A uniform management information system and fiscal
28  accounting system for use by providers of community substance
29  alcohol, drug abuse, and mental health services.
30         Section 15.  Subsections (2), (3), (4), and (5) of
31  section 394.78, Florida Statutes, are amended to read:
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                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1         394.78  Operation and administration; personnel
  2  standards; procedures for audit and monitoring of service
  3  providers; resolution of disputes.--
  4         (2)  The department shall, by rule, establish standards
  5  of education and experience for professional and technical
  6  personnel employed in substance alcohol, drug abuse, and
  7  mental health programs.
  8         (3)  The department shall establish, to the extent
  9  possible, a standardized auditing procedure for substance
10  alcohol, drug abuse, and mental health service providers; and
11  audits of service providers shall be conducted pursuant to
12  such procedure and the applicable department rules.  Such
13  procedure shall be supplied to all current and prospective
14  contractors and subcontractors prior to the signing of any
15  contracts.
16         (4)  The department shall monitor service providers for
17  compliance with contracts and applicable state and federal
18  regulations.  A representative of the district health and
19  human services board planning council shall be represented on
20  the monitoring team.
21         (5)  In unresolved disputes regarding this part or
22  rules established pursuant to this part, providers and
23  district health and human services boards planning councils
24  shall adhere to formal procedures specified under s.
25  20.19(8)(n) as provided by the rules established by the
26  department.
27         Section 16.  Section 394.908, Florida Statutes, is
28  amended to read:
29         394.908  Substance Alcohol, drug abuse, and mental
30  health funding equity; distribution of appropriations.--In
31  recognition of the historical inequity among service districts
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  of the former Department of Health and Rehabilitative Services
  2  in the funding of substance alcohol, drug abuse, and mental
  3  health services, and in order to rectify this inequity and
  4  provide for equitable funding in the future throughout the
  5  state, the following funding process shall be adhered to,
  6  beginning with the 1997-1998 fiscal year:
  7         (1)  Funding thresholds for substance alcohol, drug
  8  abuse, and mental health services in each of the current
  9  districts, statewide, shall be established based on the
10  current number of persons in need per district of substance
11  for alcohol and drug abuse, and for mental health services,
12  respectively.
13         (2)  "Persons in need" means those persons who fit the
14  profile of the respective target populations and require
15  mental health or substance abuse services.
16         (3)  Seventy-five Beginning July 1, 1997, 75 percent of
17  any additional funding beyond the 1996-1997 fiscal year base
18  appropriation for alcohol, drug abuse, and mental health
19  services shall be allocated to districts for substance abuse
20  and mental health services based on:
21         (a)  Epidemiological estimates of disabilities which
22  apply to the respective target populations.
23         (b)  A pro rata share distribution that ensures
24  districts below the statewide average funding level per person
25  in each target population of "persons in need" receive funding
26  necessary to achieve equity.
27         (4)  The remaining 25 percent shall be allocated based
28  on the number of persons in need of substance alcohol, drug
29  abuse, and mental health services per district without regard
30  to current funding levels.
31         (5)  Target populations for persons in need shall be
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  displayed for each district and distributed concurrently with
  2  the approved operating budget. The display by target
  3  population shall show:  The annual number of persons served
  4  based on prior year actual numbers, the annual cost per person
  5  served, the number of persons served by service cost center,
  6  and the estimated number of the total target population for
  7  persons in need.
  8         (6)  The annual cost per person served shall be defined
  9  as the total actual funding for each target population divided
10  by the number of persons served in the target population for
11  that year.
12         (7)  Commencing on July 1, 1998, all additional funding
13  pursuant to this section shall be performance-based.
14         Section 17.  Subsection (2) of section 397.321, Florida
15  Statutes, is amended to read:
16         397.321  Duties of the department.--The department
17  shall:
18         (2)  Ensure that a plan for substance abuse services is
19  developed at the district level in accordance with the
20  provisions of part IV of chapter 394, and the state plan
21  pursuant to s. 394.79.
22         Section 18.  By November 1 of each year, the Department
23  of Children and Family Services shall submit a report to the
24  President of the Senate and the Speaker of the House of
25  Representatives which describes the compliance of providers
26  that provide substance abuse treatment programs and mental
27  health services under contract with the Department of Children
28  and Family Services. The report must describe the status of
29  compliance with the annual performance outcome standards
30  established by the Legislature and must address the providers
31  that meet or exceed performance standards, the providers that
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                                            Bill No. CS for SB 358
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  1  did not achieve performance standards for which corrective
  2  action measures were developed, and the providers whose
  3  contracts were terminated due to failure to meet the
  4  requirements of the corrective plan.
  5         Section 19.  The Commission on Mental Health and
  6  Substance Abuse is directed to study and make recommendations
  7  regarding who should receive publicly funded mental health and
  8  substance abuse services. The commission shall submit its
  9  recommendations to the President of the Senate, the Speaker of
10  the House of Representatives, and the majority and minority
11  leaders of each chamber no later than December 1, 2000.
12         Section 20.  Target groups.--The Department of Children
13  and Family Services shall revise its target groups for
14  substance abuse and mental health services approved pursuant
15  to s. 216.0166, Florida Statutes, to include "older adults in
16  crisis," "older adults who are at risk of being placed in a
17  more restrictive environment because of their mental illness
18  or substance abuse," "older adults with severe and persistent
19  mental illness," and "older adults in need of substance abuse
20  treatment." The department shall track and report specifically
21  on substance abuse and mental health services provided to
22  older adults.
23         Section 21.  Section 394.79, Florida Statutes, is
24  repealed.
25         Section 22.  This act shall take effect July 1, 2000.
26
27
28  ================ T I T L E   A M E N D M E N T ===============
29  And the title is amended as follows:
30  remove from the title of the bill:  the entire title
31
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                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1  and insert in lieu thereof:
  2                  A bill to be entitled
  3         An act relating to substance abuse and mental
  4         health services; amending s. 394.455, F.S.;
  5         redefining the term "mental illness" for
  6         purposes of part I of ch. 394, F.S.; amending
  7         s. 394.492, F.S.; redefining the term "child or
  8         adolescent who is experiencing an acute mental
  9         or emotional crisis" for purposes of part III
10         of ch. 394, F.S.; amending s. 394.493, F.S.;
11         revising the income standard that is the basis
12         for a sliding fee scale adopted by the
13         Department of Children and Family Services for
14         mental health services provided to children and
15         adolescents; amending s. 394.65, F.S.;
16         redesignating part IV of ch. 394, F.S., as "The
17         Community Substance Abuse and Mental Health
18         Services Act"; amending s. 394.66, F.S.;
19         providing legislative intent with respect to
20         substance abuse and mental health services;
21         amending s. 394.67, F.S.; revising definitions;
22         creating s. 394.674, F.S.; providing clinical
23         eligibility for substance abuse and mental
24         health services funded by the Department of
25         Children and Family Services; providing fee
26         collection requirements; providing for
27         availability of crisis services, substance
28         abuse services, and mental health services;
29         requiring that the Department of Children and
30         Family Services adopt rules; requiring
31         contracting service providers to establish a
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                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1         sliding fee scale; providing for copayments;
  2         amending s. 394.675, F.S.; revising the types
  3         of services provided by the department under
  4         the substance abuse and mental health service
  5         system; creating s. 394.676, F.S.; authorizing
  6         the Department of Children and Family Services
  7         to establish an indigent psychiatric medication
  8         program; requiring the department to adopt
  9         rules; providing for certain continued
10         treatment of persons discharged from
11         facilities; amending s. 394.74, F.S.;
12         conforming provisions relating to contracts for
13         substance abuse and mental health programs to
14         changes made by the act; amending s. 394.75,
15         F.S.; providing for a state master plan for
16         financing and delivery of community-based
17         substance abuse and mental health services;
18         providing plan requirements; providing for
19         annual update and submission to the
20         Legislature; requiring district health and
21         human services boards, rather than planning
22         councils, to prepare district substance abuse
23         and mental health plans; providing plan
24         requirements; revising the population groups to
25         be addressed in the plans to conform to changes
26         made by the act; amending ss. 394.4574, 394.76,
27         394.77, 394.78, 394.908, and 397.321, F.S.,
28         relating to department responsibilities for
29         mental health residents who reside in certain
30         assisted living facilities, the financing of
31         district programs and services, uniform
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                                                   HOUSE AMENDMENT
                                            Bill No. CS for SB 358
    Amendment No. ___ (for drafter's use only)
  1         information and reporting systems, procedures
  2         for audits and dispute resolution, distribution
  3         of appropriations, and development of a
  4         district plan for substance abuse services;
  5         conforming provisions to changes made by the
  6         act; requiring the department to submit a
  7         report to the Legislature which describes the
  8         compliance of providers with performance
  9         outcome standards; directing the Commission on
10         Mental Health and Substance Abuse to conduct a
11         study and make certain recommendations to the
12         Legislature; directing the department to revise
13         its target groups to include older adults;
14         repealing s. 394.79, F.S., relating to a state
15         alcohol, drug abuse, and mental health plan;
16         providing an effective date.
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