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
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

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

                                  1

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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

                                  2

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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

                                  3

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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

                                  4

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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,

                                  5

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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

                                  6

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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

                                  7

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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

                                  8

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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

                                  9

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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

                                  10

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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.

                                  11

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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

                                  12

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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

                                  13

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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

                                  14

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   HOUSE AMENDMENT

                                            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

                                  15

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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

                                  16

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   HOUSE AMENDMENT

                                            Bill No. CS for SB 358

    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.

                                  17

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   HOUSE AMENDMENT

                                            Bill No. CS for SB 358

    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

                                  18

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   HOUSE AMENDMENT

                                            Bill No. CS for SB 358

    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.

                                  19

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   HOUSE AMENDMENT

                                            Bill No. CS for SB 358

    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

                                  20

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   HOUSE AMENDMENT

                                            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

                                  21

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   HOUSE AMENDMENT

                                            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

                                  22

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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.

                                  23

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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

                                  24

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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

                                  25

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   HOUSE AMENDMENT

                                            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

                                  26

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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

                                  27

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   HOUSE AMENDMENT

                                            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

                                  28

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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

                                  29

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   HOUSE AMENDMENT

                                            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

                                  30

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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:

                                  31

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   HOUSE AMENDMENT

                                            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

                                  32

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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

                                  33

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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

                                  34

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   HOUSE AMENDMENT

                                            Bill No. CS for SB 358

    Amendment No. ___ (for drafter's use only)





  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

                                  35

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   HOUSE AMENDMENT

                                            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

                                  36

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   HOUSE AMENDMENT

                                            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

                                  37

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421




                                                   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.

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  38

    File original & 9 copies    05/03/00
    hhr0003                     03:48 pm         00358-0043-381421