House Bill hb1073
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
By Representative Murman
1 A bill to be entitled
2 An act relating to substance abuse and mental
3 health services; amending s. 394.66, F.S.;
4 providing legislative intent relating to the
5 accreditation and cost-efficiency of substance
6 abuse and mental health service providers;
7 creating s. 394.741, F.S., relating to
8 accreditation requirements for providers of
9 behavioral health care services; defining the
10 term "behavioral health care services";
11 providing methods of accreditation to be
12 accepted in lieu of licensure, administrative,
13 and program monitoring requirements;
14 authorizing the adoption of rules; requiring
15 that the department and the agency be allowed
16 access to all accreditation reports, corrective
17 action plans, and performance data submitted to
18 accrediting organizations; authorizing followup
19 monitoring by the department and the agency if
20 major deficiencies are identified through the
21 accreditation process; requiring the department
22 and the agency to report to the Legislature on
23 the viability of mandating accreditation and
24 privatizing licensure and monitoring functions;
25 specifying that the accreditation requirements
26 of s. 394.741, F.S., apply to contracted
27 organizations that are already accredited;
28 amending s. 394.90, F.S., relating to substance
29 abuse and mental health services; revising
30 provisions relating to licensure,
31 accreditation, and inspection of facilities, to
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 conform; providing a cross reference; amending
2 s. 397.411, F.S., relating to substance abuse
3 service providers; revising provisions relating
4 to licensure, accreditation, and inspection of
5 facilities, to conform; providing a cross
6 reference; amending ss. 397.403 and 409.1671,
7 F.S.; revising the name of the Commission on
8 Accreditation of Rehabilitation Facilities;
9 providing legislative findings with respect to
10 providing mental health and substance abuse
11 treatment services; requiring the Department of
12 Children and Family Services and the Agency for
13 Health Care Administration to contract for the
14 establishment of two behavioral health care
15 service delivery strategies to test methods and
16 techniques for coordinating, integrating, and
17 managing the delivery of mental health services
18 and substance abuse treatment services for
19 persons with emotional, mental, or addictive
20 disorders; requiring a managing entity for each
21 service delivery strategy; requiring that costs
22 be shared by the Department of Children and
23 Family Services and the Agency for Health Care
24 Administration; specifying the goals of the
25 service delivery strategies; specifying the
26 target population of persons to be enrolled
27 under each strategy; requiring a continuing
28 care system; requiring an advisory body for
29 each service delivery strategy; requiring
30 certain cooperative agreements; providing
31 reporting requirements; requiring an
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 independent entity to evaluate the service
2 delivery strategies; requiring annual reports;
3 creating a statewide Behavioral Health Policy
4 Integration Council; requiring the council to
5 coordinate mental health and substance abuse
6 treatment policy; providing for the membership
7 of the council; requiring the council to report
8 annually to the Governor and the Legislature;
9 providing for the abolishment of the council;
10 providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsections (13) and (14) are added to
15 section 394.66, Florida Statutes, to read:
16 394.66 Legislative intent with respect to substance
17 abuse and mental health services.--It is the intent of the
18 Legislature to:
19 (13) Ensure that best practices are followed and that
20 contracted alcohol, drug abuse, and mental health services are
21 maintained at the highest level of quality care through the
22 achievement of national accreditation.
23 (14) Ensure that the state agencies licensing and
24 monitoring contracted providers perform in the most
25 cost-efficient and effective manner with limited duplication
26 and disruption to organizations providing services.
27 Section 2. Section 394.741, Florida Statutes, is
28 created to read:
29 394.741 Accreditation requirements for providers of
30 behavioral health care services.--
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 (1) As used in this section, the term "behavioral
2 health care services" means mental health and substance abuse
3 treatment services.
4 (2) Notwithstanding any provision of law to the
5 contrary, accreditation by the following means shall be
6 accepted by the agency in lieu of its own facility licensure
7 requirements and by the department as a substitute for its
8 administrative and program monitoring requirements, except as
9 required pursuant to subsection (3):
10 (a) Accreditation of any organization from which the
11 department or the agency purchases behavioral health care
12 services by the Joint Commission on Accreditation of
13 Healthcare Organizations or accreditation of those programs
14 that are being purchased by the department or the agency by
15 CARF--the Rehabilitation Accreditation Commission.
16 (b) Accreditation of any network of providers from
17 which the department or the agency purchases behavioral health
18 care services by the Joint Commission on Accreditation of
19 Healthcare Organizations or the National Committee for Quality
20 Assurance. An organization, if it is part of an accredited
21 network, is afforded the same rights under this section.
22 (3) The department and the agency may adopt rules that
23 establish:
24 (a) Additional standards for monitoring and licensing
25 programs and facilities that the department and the agency
26 have determined are necessary to protect the safety and
27 welfare of clients. These standards and the associated
28 monitoring must not duplicate the standards and processes
29 already covered by the accrediting bodies.
30 (b) A sampling methodology, standards, and procedures
31 for a system of validation inspections of accredited
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 organizations that are in the middle of a 3-year accreditation
2 cycle in order to substantiate that accredited organizations
3 are maintaining compliance with identified critical standards.
4 (c) A process for reviewing all organizations 24
5 months after accreditation to substantiate that accreditation
6 standards continue to be met.
7 (4) The department and the agency shall be given
8 access to all accreditation reports, corrective action plans,
9 and performance data submitted to the accrediting
10 organizations. When major deficiencies, as defined by the
11 accrediting organization, are identified through the
12 accreditation process, the department and the agency may
13 perform followup monitoring to assure that such deficiencies
14 are corrected and that the corrections are sustained over
15 time.
16 (5) The department and the agency shall report to the
17 Legislature by January 1, 2002, on:
18 (a) The viability of mandating that all organizations
19 under contract with the department or the agency to provide
20 behavioral health care services and that participate in the
21 Medicaid community mental health services or targeted case
22 management programs be accredited.
23 (b) The viability of privatizing all licensure and
24 monitoring functions through an accrediting organization.
25 (6) The accreditation requirements of this section
26 shall apply to contracted organizations that are already
27 accredited immediately upon becoming law.
28 Section 3. Subsection (5) of section 394.90, Florida
29 Statutes, is amended to read:
30 394.90 Inspection; right of entry; records.--
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 (5)(a) The agency shall may accept, in lieu of its own
2 inspections for licensure, the survey or inspection of an
3 accrediting organization, if the provider is accredited
4 according to the provisions of s. 394.741 and the agency
5 receives the report of the accrediting organization. The
6 department, in consultation with the agency, shall develop,
7 and adopt by rule, specific criteria for assuring that the
8 accrediting organization has specific standards and experience
9 related to the program area being licensed, specific criteria
10 for accepting the standards and survey methodologies of an
11 accrediting organization, delineations of the obligations of
12 accrediting organizations to assure adherence to those
13 standards, criteria for receiving, accepting and maintaining
14 the confidentiality of the survey and corrective action
15 reports, and allowance for the agency's participation in
16 surveys.
17 (b) The agency shall conduct compliance investigations
18 and sample validation inspections to evaluate the inspection
19 process of accrediting organizations to ensure minimum
20 standards are maintained as provided in Florida statute and
21 rule. The agency may conduct a lifesafety inspection in
22 calendar years in which an accrediting organization survey is
23 not conducted and shall conduct a full state inspection,
24 including a lifesafety inspection, if an accrediting
25 organization survey has not been conducted within the previous
26 36 months. The agency, by accepting the survey or inspection
27 of an accrediting organization, does not forfeit its right to
28 perform inspections.
29 Section 4. Subsections (2) through (5) of section
30 397.411, Florida Statutes, are amended to read:
31 397.411 Inspection; right of entry; records.--
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 (2)(a) The department shall may accept, in lieu of its
2 own inspections for licensure, the survey or inspection of an
3 accrediting organization, if the provider is accredited
4 according to the provisions of s. 394.741 and the department
5 receives the report of the accrediting organization. The
6 department shall develop, and adopt by rule, specific criteria
7 for assuring that the accrediting organization has specific
8 standards and experience related to the program area being
9 licensed; specific criteria for accepting the standards and
10 survey methodologies of an accrediting organization;
11 delineations of the obligations of accrediting organizations
12 to assure adherence to those standards; criteria for
13 receiving, accepting, and maintaining the confidentiality of
14 the survey and corrective action reports; and allowance for
15 the department's participation in surveys.
16 (b) The department shall conduct compliance
17 investigations and sample validation inspections to evaluate
18 the inspection process of accrediting organizations to ensure
19 minimum standards are maintained as provided in Florida
20 statute and rule. The department may conduct a fire, safety,
21 and health inspection in calendar years in which an
22 accrediting organization survey is not conducted and shall
23 conduct a full state inspection, including a lifesafety
24 inspection, if an accrediting organization survey has not been
25 conducted within the previous 36 months. The department, by
26 accepting the survey or inspection of an accrediting
27 organization, does not forfeit its right to perform
28 inspections.
29 (3) Notwithstanding the confidentiality provisions of
30 this chapter, a designated and authorized agent of the
31 department may access the records of the clients of licensed
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 service providers, but only for purposes of licensing,
2 monitoring, and investigation. The department may interview
3 clients, as specified by rule.
4 (4) The authorized agents of the department shall
5 schedule periodic inspections of licensed service providers in
6 order to minimize costs and the disruption of services;
7 however, such authorized agents may inspect the facilities of
8 any licensed service provider at any time.
9 (5) The department shall maintain as public
10 information, available to any person upon request and upon
11 payment of a reasonable charge for copying, copies of
12 licensure reports of licensed providers.
13 Section 5. Subsection (3) of section 397.403, Florida
14 Statutes, is amended to read:
15 397.403 License application.--
16 (3) The department shall accept proof of accreditation
17 by CARF--the Rehabilitation Accreditation Commission on
18 Accreditation of Rehabilitation Facilities (CARF) or the Joint
19 Commission on Accreditation of Health Care Organizations
20 (JCAHCO), or through any other nationally recognized
21 certification process that is acceptable to the department and
22 meets the minimum licensure requirements under this chapter,
23 in lieu of requiring the applicant to submit the information
24 required by paragraphs (1)(a)-(c).
25 Section 6. Paragraph (a) of subsection (4) of section
26 409.1671, Florida Statutes, is amended to read:
27 409.1671 Foster care and related services;
28 privatization.--
29 (4)(a) The department shall establish a quality
30 assurance program for privatized services. The quality
31 assurance program shall be based on standards established by a
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 national accrediting organization such as the Council on
2 Accreditation of Services for Families and Children, Inc.
3 (COA) or CARF--the Rehabilitation Accreditation Commission the
4 Council on Accreditation of Rehabilitation Facilities (CARF).
5 The department may develop a request for proposal for such
6 oversight. This program must be developed and administered at
7 a statewide level. The Legislature intends that the department
8 be permitted to have limited flexibility to use funds for
9 improving quality assurance. To this end, effective January 1,
10 2000, the department may transfer up to 0.125 percent of the
11 total funds from categories used to pay for these
12 contractually provided services, but the total amount of such
13 transferred funds may not exceed $300,000 in any fiscal year.
14 When necessary, the department may establish, in accordance
15 with s. 216.177, additional positions that will be exclusively
16 devoted to these functions. Any positions required under this
17 paragraph may be established, notwithstanding ss.
18 216.262(1)(a) and 216.351. The department, in consultation
19 with the community-based agencies that are undertaking the
20 privatized projects, shall establish minimum thresholds for
21 each component of service, consistent with standards
22 established by the Legislature. Each program operated under
23 contract with a community-based agency must be evaluated
24 annually by the department. The department shall submit an
25 annual report regarding quality performance, outcome measure
26 attainment, and cost efficiency to the President of the
27 Senate, the Speaker of the House of Representatives, the
28 minority leader of each house of the Legislature, and the
29 Governor no later than January 31 of each year for each
30 project in operation during the preceding fiscal year.
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 Section 7. Behavioral health care service delivery
2 strategies.--
3 (1) LEGISLATIVE FINDINGS.--The Legislature finds that
4 a management structure that establishes the responsibility for
5 mental health and substance abuse treatment services with a
6 single entity and that contains a flexible funding arrangement
7 is more likely to allow for customized services to meet
8 individual client needs and to provide incentives for provider
9 agencies to serve persons in the target population who have
10 the most complex treatment and support needs. The Legislature
11 recognizes that in order for the state's publicly funded
12 mental health and substance abuse treatment systems to evolve
13 into a single, well-integrated behavioral health care system,
14 a transition period is needed and demonstration sites must be
15 developed where new ideas and technologies may be experienced
16 and critically reviewed.
17 (2) SERVICE DELIVERY STRATEGIES.--The Department of
18 Children and Family Services and the Agency for Health Care
19 Administration shall develop service delivery strategies that
20 will improve the coordination, integration, and management of
21 the delivery of mental health and substance abuse treatment
22 services to persons with emotional, mental, or addictive
23 disorders. It is the intent of the Legislature that a
24 well-managed service delivery system will increase access for
25 those in need of care, improve the coordination and continuity
26 of care for vulnerable and high-risk populations, redirect
27 service dollars from restrictive care settings and out-of-date
28 service models to community-based psychiatric rehabilitation
29 services, and reward cost-effective and appropriate care
30 patterns. The Legislature recognizes that the Medicaid, mental
31 health, and substance abuse treatment programs are three
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 separate systems and that each has unique characteristics,
2 including unique requirements for eligibility. To move toward
3 a well-integrated system of behavioral health care services
4 will require careful planning and implementation. It is the
5 intent of the Legislature that the service delivery strategies
6 will be the first phase of transferring the provision and
7 management of mental health and substance abuse treatment
8 services provided by the Department of Children and Family
9 Services and the Medicaid program from traditional
10 fee-for-service and unit-cost contracting methods to
11 risk-sharing arrangements. As used in this section, the term
12 "behavioral health care services" means mental health services
13 and substance abuse treatment services that are provided with
14 state and federal funds.
15 (3) ORGANIZATION AND FUNCTIONS.--
16 (a) The Department of Children and Family Services and
17 the Agency for Health Care Administration shall contract for
18 the provision and management of behavioral health care
19 services with a managing entity in at least two geographic
20 areas. The department and the agency must contract with the
21 same managing entity in each distinct geographic area. This
22 managing entity shall be accountable for the delivery of all
23 behavioral health care services for children, adolescents, and
24 adults which are funded under the Medicaid program and under
25 the department. The geographic area must be of sufficient size
26 in population and sufficient in the amount of available public
27 funds for behavioral health care services to allow for
28 flexibility and maximum efficiency. At least one demonstration
29 model must complement the closure of the G. Pierce Wood
30 Memorial Hospital.
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 (b) Under one service delivery strategy, the
2 Department of Children and Family Services may contract with a
3 prepaid mental health plan that operates pursuant to s.
4 409.912, Florida Statutes. Under that strategy, the department
5 is not required to competitively procure those services and,
6 notwithstanding other provisions of law, may employ
7 prospective payment methodologies that the department finds
8 are necessary to improve client care or institute more
9 efficient practices. The department may employ in its contract
10 any provision of the current Medicaid contract with the
11 prepaid plan or any other provision necessary to improve
12 quality, access, continuity, and price.
13 (c) Under one service delivery strategy, the
14 Department of Children and Family Services and the Agency for
15 Health Care Administration shall competitively procure a
16 contract for the management of behavioral health care services
17 with a managing entity. The department and the agency may
18 purchase from the managing entity the management services
19 necessary to improve continuity of care and access to care,
20 contain costs, and improve quality of care and may:
21 1. Establish benefit packages based on the level of
22 severity of illness and level of client functioning.
23 2. Align and integrate procedure codes, standards, or
24 other requirements if it is jointly determined that these
25 actions will simplify or improve client services and
26 efficiencies in service delivery.
27 3. Use prepaid per capita and prepaid aggregate
28 fixed-sum payment methodologies.
29 4. Modify their current procedure codes to increase
30 clinical flexibility, encourage the use of the most effective
31 interventions, and support rehabilitative activities.
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 (d) Under both strategies, the managing entity shall
2 manage and coordinate all publicly funded diagnostic or
3 assessment services, acute care services, rehabilitative
4 services, support services, and continuing care services for
5 persons who meet the financial criteria specified in part IV
6 of chapter 394, Florida Statutes, for publicly funded mental
7 health and substance abuse treatment services. The managing
8 entity shall be solely accountable for a geographic area and
9 shall coordinate the emergency care system. The managing
10 entity may be a network of existing providers with an
11 administrative services organization that can function
12 independently, may be an administrative services organization
13 that is independent of local provider agencies, or may be an
14 entity of state or local government.
15 (e) The cost of the contract shall be shared through a
16 combination of funds from the Department of Children and
17 Family Services and the Agency for Health Care Administration.
18 To operate the managing entity, the department and the agency
19 may not expend more than 10 percent of the annual
20 appropriations for mental health and substance abuse treatment
21 services prorated to the geographic areas and must include all
22 behavioral health Medicaid funds, including psychiatric
23 inpatient funds.
24 (f) Contracting and payment mechanisms for services
25 should promote flexibility and responsiveness and should allow
26 different categorical funds to be combined. The service array
27 should be determined by using needs assessment and best
28 practice models.
29 (4) GOALS.--The goal of the service delivery
30 strategies is to provide a design for an effective
31 coordination, integration, and management approach for
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 delivering effective behavioral health care services to
2 persons who are experiencing a mental health or substance
3 abuse crisis, who have a disabling mental illness or substance
4 abuse disorder and will require extended services in order to
5 recover from their illness, or who need brief treatment or
6 supportive interventions to avoid a crisis or disability.
7 Additional goals of the strategies include the following:
8 (a) To improve accountability for a local system of
9 behavioral health care services to meet performance outcomes
10 and standards.
11 (b) To assure continuity of care for all children,
12 adolescents, and adults who enter the publicly funded
13 behavioral health care service system.
14 (c) To provide early diagnosis and treatment
15 interventions to enhance recovery and prevent hospitalization.
16 (d) To improve assessment of local needs for
17 behavioral health care services.
18 (e) To improve the overall quality of behavioral
19 health care through the use of best practice models.
20 (f) To demonstrate improved service integration
21 between behavioral health programs and other programs, such as
22 vocational rehabilitation, education, child welfare, primary
23 health care, emergency services, and criminal justice.
24 (g) To provide for additional testing of creative and
25 flexible strategies for financing behavioral health care
26 services to enhance individualized treatment and support
27 services.
28 (h) To control the costs of services without
29 sacrificing quality of care.
30
31
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 (i) To coordinate the admissions and discharges from
2 state mental health hospitals and residential treatment
3 centers.
4 (j) To improve the integration, accessibility, and
5 dissemination of behavioral health data for planning and
6 monitoring purposes.
7 (5) ESSENTIAL ELEMENTS.--
8 (a) The managing entity must demonstrate the ability
9 of its network of providers to comply with the pertinent
10 provisions of chapters 394 and 397, Florida Statutes, and to
11 assure the provision of comprehensive behavioral health care
12 services.
13 (b) The target population to be enrolled in the
14 service delivery strategies must include children,
15 adolescents, and adults who fall into the following
16 categories:
17 1. Adults in mental health crisis.
18 2. Older adults in crisis.
19 3. Adults with severe and persistent mental illness.
20 4. Adults with substance abuse problems.
21 5. Adults with forensic involvement.
22 6. Older adults with severe and persistent mental
23 illness.
24 7. Older adults with substance abuse problems.
25 8. Children and adolescents with serious emotional
26 disturbances as defined in s. 394.492(6), Florida Statutes.
27 9. Children with substance abuse problems as defined
28 in s. 397.93(2), Florida Statutes.
29 10. Children and adolescents in state custody pursuant
30 to chapter 39, Florida Statutes.
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 11. Children and adolescents in residential commitment
2 programs of the Department of Juvenile Justice pursuant to
3 chapter 985, Florida Statutes.
4 (c) The service delivery strategies must include a
5 continuing care system for persons whose clinical and
6 functional status indicates the need for these services. These
7 persons will be eligible for a range of treatment,
8 rehabilitative, and support services until they no longer need
9 the services to maintain or improve their level of
10 functioning. Given the long-term nature of some mental and
11 addictive disorders, continuing care services should be
12 sensitive to the variable needs of individuals across time and
13 shall be designed to help assure easy access for persons with
14 these long-term needs. The Department of Children and Family
15 Services shall develop criteria for the continuing care
16 program for behavioral health care services.
17 (d) A local body or group must be identified by the
18 district administrator to serve in an advisory capacity to the
19 behavioral health care service delivery strategy and must
20 include representatives of the local school system, the
21 judicial system, county government, and law enforcement
22 agencies; a consumer of the publicly funded behavioral health
23 care service system; and a family member of a consumer of the
24 publicly funded system. This advisory body may be the
25 community alliance established under s. 20.19(6), Florida
26 Statutes, or any other suitable established local group.
27 (e) The managing entity shall ensure that written
28 cooperative agreements are developed among the judicial
29 system, the criminal justice system, and the local mental
30 health providers in the geographic area which define
31 strategies and alternatives for diverting, from the criminal
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 justice system to the civil system as provided under the Baker
2 Act, persons with mental illness who are arrested for a
3 misdemeanor. These agreements must also address the provision
4 of appropriate services to persons with behavioral health
5 problems who leave the criminal justice system.
6 (f) Managing entities must submit data to the
7 Department of Children and Family Services and the Agency for
8 Health Care Administration on the use of services and the
9 outcomes for all enrolled clients. Managing entities must meet
10 performance expectations related to:
11 1. The rate at which individuals in the community
12 receive services, including persons who receive followup care
13 after emergencies.
14 2. Clinical improvement of individuals served,
15 clinically and functionally.
16 3. Reduction of jail admissions.
17 4. Consumer and family satisfaction.
18 5. Satisfaction of key community constituents such as
19 law enforcement agencies, juvenile justice agencies, courts,
20 schools, local government entities, and others as appropriate
21 for the locality.
22 (g) The Agency for Health Care Administration may seek
23 federal waivers that are necessary to implement the behavioral
24 health care service delivery strategies.
25 (h) The Department of Children and Family Services, in
26 consultation with the Agency for Health Care Administration,
27 shall prepare an amendment by October 31, 2001, to the 2001
28 state master plan required under s. 394.75(1), Florida
29 Statutes, which describes each service delivery strategy,
30 including at least the following details:
31 1. Operational design.
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 2. Counties or service districts included in each
2 strategy.
3 3. Expected outcomes.
4 4. Timeframes.
5 (6) MONITORING AND EVALUATION.--The Department of
6 Children and Family Services and the Agency for Health Care
7 Administration shall provide routine monitoring and oversight
8 of and technical assistance to the service delivery
9 strategies. The department shall contract with an independent
10 entity to conduct a formative evaluation of each strategy to
11 identify the most effective methods and techniques used to
12 manage, integrate, and deliver publicly funded behavioral
13 health care services. The entity conducting the evaluation
14 shall report to the department, the agency, the Executive
15 Office of the Governor, and the Legislature every 12 months
16 regarding the status of the implementation of the service
17 delivery strategies. The report must include a summary of
18 activities that have occurred during the past 12 months of
19 implementation and any problems or obstacles that prevented,
20 or may in the future prevent, the managing entity from
21 achieving performance goals and measures. The first status
22 report is due January 1, 2002. After the service delivery
23 strategies have been operational for 1 year, the status report
24 must include an analysis of administrative costs and the
25 status of the achievement of performance outcomes. Upon
26 receiving the annual report from the entity conducting the
27 evaluation, the department and the agency shall jointly make
28 any recommendations to the Executive Office of the Governor
29 regarding changes in the service delivery strategies or in the
30 implementation of the strategies, including timeframes. The
31 Executive Office of the Governor shall consult with the
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 appropriate legislative committees prior to making changes in
2 the design of the strategies or prior to implementing the
3 strategies in other geographic areas. If the Executive Office
4 of the Governor makes no recommendation to implement the
5 service delivery strategies in other areas of the state after
6 the strategies have operated for 3 years, the strategies will
7 cease. The Executive Office of the Governor shall then submit
8 a final report to the Legislature which details the reasons
9 for terminating the strategies.
10 Section 8. Behavioral Health Policy Integration
11 Council.--
12 (1) There is created, in conjunction with the Office
13 of Drug Control, a statewide Behavioral Health Policy
14 Integration Council for the purpose of coordinating mental
15 health and substance abuse treatment policy. For
16 organizational and staffing purposes, the Behavioral Health
17 Policy Integration Council is assigned to the Louis de la
18 Parte Florida Mental Health Institute. The council shall:
19 (a) Develop a statewide strategy for coordinating and
20 integrating mental health and substance abuse treatment
21 services across the public and private sector, the criminal
22 justice system, emergency services and the primary health care
23 system, the educational system, the judicial system, the child
24 protection system, the vocational and employment services
25 system, the business community, law enforcement agencies,
26 county-based human services programs, and other state and
27 community services systems as considered necessary by the
28 council to fulfill its responsibilities.
29 (b) Assemble information from multiple sources to
30 assess the progress of the statewide strategy, facilitate data
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 integration and dissemination, and improve needs assessment
2 methodologies.
3 (c) Coordinate and improve performance monitoring
4 systems.
5 (d) Identify barriers to the effective and efficient
6 integration of mental health and substance abuse treatment
7 services across various systems.
8 (e) Coordinate and provide a wide range of public
9 education and preventative activities.
10
11 The activities of the council shall be coordinated with, and
12 may not duplicate the activities of, the Office of Drug
13 Control.
14 (2) The council shall be composed of the following:
15 (a) The Attorney General, or his or her designee.
16 (b) The executive director of the Department of Law
17 Enforcement, or his or her designee.
18 (c) The Secretary of Children and Family Services, or
19 his or her designee.
20 (d) The Secretary of Health, or his or her designee.
21 (e) The Secretary of Corrections, or his or her
22 designee.
23 (f) The Secretary of Juvenile Justice, or his or her
24 designee.
25 (g) The Secretary of Elderly Affairs, or his or her
26 designee.
27 (h) The Secretary of Health Care Administration, or
28 his or her designee.
29 (i) The Commissioner of Education, or his or her
30 designee.
31
20
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 (j) The Secretary of Community Affairs, or his or her
2 designee.
3 (k) The director of the Office of Drug Control, or his
4 or her designee.
5 (l) The dean of the Louis de la Parte Florida Mental
6 Health Institute, or his or her designee.
7 (m) The following members of the public, appointed by
8 the Governor:
9 1. Eight members to represent the following
10 stakeholders:
11 a. Primary consumers of mental health and substance
12 abuse services.
13 b. Family members of consumers.
14 c. The Florida Chamber of Commerce.
15 d. The Florida Association of Counties.
16 2. A professional having expertise or general
17 knowledge concerning issues that relate to mental health
18 programs and services.
19 3. A professional having expertise or general
20 knowledge concerning issues that relate to substance abuse
21 treatment programs and services.
22 (3) The following shall serve on the committee in a
23 nonvoting, advisory capacity:
24 (a) A member of the Senate, appointed by the President
25 of the Senate.
26 (b) A member of the House of Representatives,
27 appointed by the Speaker of the House of Representatives.
28 (c) A member of the judiciary, appointed by the Chief
29 Justice of the Supreme Court.
30 (4) Beginning January 1, 2002, and each year
31 thereafter, the Behavioral Health Policy Integration Council
21
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1073
583-208A-01
1 shall report to the Governor, the President of the Senate, and
2 the Speaker of the House of Representatives regarding the
3 council's progress toward fulfilling its duties as specified
4 in subsection (1). The first report must include the council's
5 proposed statutory language for implementing the strategies
6 and improvements to the publicly funded behavioral health care
7 service system.
8 (5) The Behavioral Health Policy Integration Council
9 is abolished on July 1, 2005.
10 Section 9. This act shall take effect upon becoming a
11 law.
12
13 *****************************************
14 HOUSE SUMMARY
15
Provides legislative intent relating to the accreditation
16 and efficiency of substance abuse and mental health
service providers. Establishes accreditation requirements
17 for providers of behavioral health care services.
Authorizes the adoption of rules. Requires the department
18 and the agency to report to the Legislature on the
viability of mandating accreditation and privatizing
19 licensure and monitoring functions. Specifies that the
newly established accreditation requirements shall apply
20 to contracted organizations that are already accredited.
Revises provisions relating to the licensure,
21 accreditation, and inspection of substance abuse and
mental health services facilities to conform. Revises the
22 name of the Commission on Accreditation of Rehabilitation
Facilities. Creates behavioral health care service
23 delivery strategies to operate for 3 years. Requires that
the Department of Children and Family Services and the
24 Agency for Health Care Administration contract for the
establishment of two service delivery strategies to test
25 techniques and strategies for coordinating, integrating,
and managing mental health services and substance abuse
26 treatment services. Provides requirements for the service
delivery strategies. Requires a managing entity and an
27 advisory body for each strategy. Creates a statewide
Behavioral Health Policy Integration Council to
28 coordinate mental health and substance abuse treatment
policy. Requires the council to report to the Governor
29 and the Legislature each year. See bill for details.
30
31
22
CODING: Words stricken are deletions; words underlined are additions.