House Bill hb1073

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    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

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  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

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  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.--

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  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

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  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.--

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  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.--

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  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

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  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

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  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.

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  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

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  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.

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  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.

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  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

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  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

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  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.

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  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

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  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.

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  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

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  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

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  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.

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  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

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  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

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