Senate Bill sb1258c1

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    Florida Senate - 2001                           CS for SB 1258

    By the Committee on Children and Families; and Senator
    Mitchell




    300-1604-01

  1                      A bill to be entitled

  2         An act relating to behavioral health services;

  3         providing legislative findings with respect to

  4         providing mental health and

  5         substance-abuse-treatment services; permitting

  6         the Department of Children and Family Services

  7         and the Agency for Health Care Administration

  8         to contract for the establishment of two

  9         behavioral health service delivery strategies

10         to test methods and techniques for

11         coordinating, integrating, and managing the

12         delivery of mental health services and

13         substance-abuse-treatment services for persons

14         with emotional, mental, or addictive disorders;

15         requiring a managing entity for each service

16         delivery strategy; requiring that costs be

17         shared by the Department of Children and Family

18         Services and the Agency for Health Care

19         Administration; specifying the goals of the

20         service delivery strategies; specifying the

21         target population of persons to be enrolled

22         under each strategy; requiring a continuing

23         care system; requiring an advisory body for

24         each demonstration model; requiring certain

25         cooperative agreements; providing reporting

26         requirements; requiring an independent entity

27         to evaluate the service delivery strategies;

28         requiring annual reports; creating a Behavioral

29         Health Services Integration Workgroup;

30         requiring the Secretary of the Department of

31         Children and Family Services to appoint members

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    Florida Senate - 2001                           CS for SB 1258
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  1         to the Workgroup; providing authority for a

  2         transfer of funds to support the Workgroup;

  3         requiring the Workgroup to report to the

  4         Governor and the Legislature; providing an

  5         effective date.

  6

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

  8

  9         Section 1.  Behavioral Health Service Delivery

10  Strategies.--

11         (1)  LEGISLATIVE FINDINGS.--The Legislature finds that

12  a management structure that establishes the responsibility for

13  mental health and substance-abuse-treatment services with a

14  single entity and that contains a flexible funding arrangement

15  is more likely to allow for customized services to meet

16  individual client needs and to provide incentives for provider

17  agencies to serve persons in the target population who have

18  the most complex treatment and support needs. The Legislature

19  recognizes that in order for the state's publicly funded

20  mental health and substance-abuse-treatment systems to evolve

21  into a single well-integrated behavioral health system, a

22  transition period is needed and demonstration sites must be

23  developed where new ideas and technologies may be experienced

24  and critically reviewed.

25         (2)  SERVICE DELIVERY STRATEGIES.--The Department of

26  Children and Family Services and the Agency for Health Care

27  Administration shall develop service delivery strategies that

28  will improve the coordination, integration, and management of

29  the delivery of mental health and substance-abuse-treatment

30  services to persons with emotional, mental, or addictive

31  disorders. It is the intent of the Legislature that a

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    Florida Senate - 2001                           CS for SB 1258
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  1  well-managed service delivery system will increase access for

  2  those in need of care, improve the coordination and continuity

  3  of care for vulnerable and high-risk populations, redirect

  4  service dollars from restrictive care settings and out-of-date

  5  service models to community-based psychiatric rehabilitation

  6  services, and reward cost-effective and appropriate care

  7  patterns. The Legislature recognizes that the Medicaid, mental

  8  health, and substance-abuse-treatment programs are three

  9  separate systems and that each has unique characteristics,

10  including unique requirements for eligibility. To move toward

11  a well-integrated system of behavioral health care services

12  will require careful planning and implementation. It is the

13  intent of the Legislature that the service delivery strategies

14  will be the first phase of transferring the provision and

15  management of mental health and substance-abuse-treatment

16  services provided by the Department of Children and Family

17  Services and the Medicaid program from traditional

18  fee-for-service and unit-cost contracting methods to

19  risk-sharing arrangements. As used in this section, the term

20  "behavioral health care services" means mental health services

21  and substance-abuse-treatment services that are provided with

22  state and federal funds.

23         (3)  ORGANIZATION AND FUNCTIONS.--

24         (a)  The Department of Children and Family Services and

25  the Agency for Health Care Administration may contract for the

26  provision and management of behavioral health services with a

27  managing entity in at least two geographic areas. The

28  Department of Children and Family Services and the Agency for

29  Health Care Administration must contract with the same

30  managing entity in each distinct geographic area. This

31  managing entity shall be accountable for the delivery of all

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    Florida Senate - 2001                           CS for SB 1258
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  1  behavioral health services for children, adolescents, and

  2  adults which are funded under the Medicaid program and under

  3  the Department of Children and Family Services. The geographic

  4  area must be of sufficient size in population and sufficient

  5  in the amount of available public funds for behavioral health

  6  services to allow for flexibility and maximum efficiency. At

  7  least one demonstration model must complement the closure of

  8  the G. Pierce Wood Memorial Hospital.

  9         (b)  Under one service delivery strategy, the

10  Department of Children and Family Services may contract with a

11  prepaid mental health plan that operates pursuant to section

12  409.912, Florida Statutes. Under that strategy, the Department

13  of Children and Family Services is not required to

14  competitively procure those services and, notwithstanding

15  other provisions of law, may employ prospective payment

16  methodologies that the department finds are necessary to

17  improve client care or institute more efficient practices. The

18  Department of Children and Family Services may employ in its

19  contract any provision of the current Medicaid contract with

20  the prepaid plan or any other provision necessary to improve

21  quality, access, continuity, and price. Any contracts under

22  this strategy in Area 6 of the Agency for Health Care

23  Administration or in the Suncoast Region of the Department of

24  Children and Family Services may be entered with the existing

25  substance-abuse-treatment provider network if an

26  administrative services organization is part of its network.

27  The Department of Children and Family Services and the Agency

28  for Health Care Administration may employ alternative service

29  delivery and financing methodologies, which may include

30  prospective payment for certain population groups.  These

31  population groups would include at a minimum:  individuals and

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    Florida Senate - 2001                           CS for SB 1258
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  1  families receiving family safety services; Medicaid-eligible

  2  children, adolescents, and adults who are

  3  substance-abuse-impaired; or current recipients and persons at

  4  risk of needing cash assistance under Florida's welfare reform

  5  initiatives.

  6         (c)  Under one service delivery strategy, the

  7  Department of Children and Family Services and the Agency for

  8  Health Care Administration shall competitively procure a

  9  contract for the management of behavioral health services with

10  a managing entity. The Department of Children and Family

11  Services and the Agency for Health Care Administration may

12  purchase from the managing entity the management services

13  necessary to improve continuity of care and access to care,

14  contain costs, and improve quality of care.

15         (d)  Under both strategies, the Department of Children

16  and Family Services and the Agency for Health Care

17  Administration may:

18         1.  Establish benefit packages based on the level of

19  severity of illness and level of client functioning;

20         2.  Align and integrate procedure codes, standards, or

21  other requirements if it is jointly determined that these

22  actions will simplify or improve client services and

23  efficiencies in service delivery;

24         3.  Use prepaid per capita and prepaid aggregate

25  fixed-sum payment methodologies; and

26         4.  Modify their current procedure codes to increase

27  clinical flexibility, encourage the use of the most-effective

28  interventions, and support rehabilitative activities.

29         (e)  Under the strategy specified in paragraph (c), the

30  managing entity shall manage and coordinate all publicly

31  funded diagnostic or assessment services, acute care services,

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    Florida Senate - 2001                           CS for SB 1258
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  1  rehabilitative services, support services, and continuing care

  2  services for persons who meet the financial criteria specified

  3  in part IV of chapter 394, Florida Statutes, for publicly

  4  funded mental health and substance-abuse-treatment services.

  5  The managing entity shall be solely accountable for a

  6  geographic area and shall coordinate the emergency care

  7  system. The managing entity may be a network of existing

  8  providers with an administrative-services organization that

  9  can function independently, may be an administrative-services

10  organization that is independent of local provider agencies,

11  or may be an entity of state or local government.

12         (f)  The cost of the contract shall be shared through a

13  combination of funds from the Department of Children and

14  Family Services and the Agency for Health Care Administration.

15  To operate the managing entity, the Department of Children and

16  Family Services and the Agency for Health Care Administration

17  may not expend more than 10 percent of the annual

18  appropriations for mental health and substance-abuse-treatment

19  services prorated to the geographic areas and must include all

20  behavioral health Medicaid funds, including psychiatric

21  inpatient funds.

22         (g)  Contracting and payment mechanisms for services

23  should promote flexibility and responsiveness and should allow

24  different categorical funds to be combined. The service array

25  should be determined by using needs assessment and

26  best-practice models.

27         (h)  Medicaid reimbursement shall remain

28  fee-for-service and the mental health and

29  substance-abuse-treatment contracts under the Department of

30  Children and Family Services shall be based on unit service

31  costs until there has been sufficient experience with case-mix

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    Florida Senate - 2001                           CS for SB 1258
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  1  analysis and service modeling to determine appropriate

  2  prospective payment methodologies.

  3         (4)  GOALS.--The goal of the service delivery

  4  strategies is to provide a design for an effective

  5  coordination, integration, and management approach for

  6  delivering effective behavioral health services to persons who

  7  are experiencing a mental health or substance abuse crisis,

  8  who have a disabling mental illness or substance abuse

  9  disorder and will require extended services in order to

10  recover from their illness, or who need brief treatment or

11  supportive interventions to avoid a crisis or disability.

12  Other goals of the models include the following:

13         (a)  Improve accountability for a local system of

14  behavioral health care services to meet performance outcomes

15  and standards.

16         (b)  Assure continuity of care for all children,

17  adolescents, and adults who enter the publicly funded

18  behavioral health service system.

19         (c)  Provide early diagnosis and treatment

20  interventions to enhance recovery and prevent hospitalization.

21         (d)  Improve assessment of local needs for behavioral

22  health services.

23         (e)  Improve the overall quality of behavioral health

24  care through the use of best-practice models.

25         (f)  Demonstrate improved service integration between

26  behavioral health programs and other programs, such as

27  vocational rehabilitation, education, child welfare, primary

28  health care, emergency services, and criminal justice.

29         (g)  Provide for additional testing of creative and

30  flexible strategies for financing behavioral health services

31  to enhance individualized treatment and support services.

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    Florida Senate - 2001                           CS for SB 1258
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  1         (h)  Control the costs of services without sacrificing

  2  quality of care.

  3         (i)  Coordinate the admissions and discharges from

  4  state mental health hospitals and residential treatment

  5  centers.

  6         (j)  Improve the integration, accessibility, and

  7  dissemination of behavioral health data for planning and

  8  monitoring purposes.

  9         (k)  Promote specialized behavioral health services to

10  residents of assisted living facilities.

11         (5)  ESSENTIAL ELEMENTS.--

12         (a)  The managing entity must demonstrate the ability

13  of its network of providers to comply with the pertinent

14  provisions of chapters 394 and 397, Florida Statutes, and to

15  assure the provision of comprehensive behavioral health

16  services. The network of providers shall include, but is not

17  limited to, mental health centers, substance-abuse-treatment

18  providers, hospitals, licensed physicians, licensed

19  psychiatric nurses, and mental health professionals licensed

20  under chapter 490 or chapter 491, Florida Statutes. A

21  behavioral health client served by the network under the

22  service delivery strategies may reside in his or her own home

23  or in settings including, but not limited to, assisted living

24  facilities, skilled nursing facilities, foster homes, or group

25  homes.

26         (b)  The target population to be enrolled in the

27  service delivery strategies must include children,

28  adolescents, and adults who fall into the following

29  categories:

30         1.  Adults in mental health crisis;

31         2.  Older adults in crisis;

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    Florida Senate - 2001                           CS for SB 1258
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  1         3.  Adults with serious and persistent mental illness;

  2         4.  Adults with substance-abuse problems;

  3         5.  Adults with forensic involvement;

  4         6.  Older adults with severe and persistent mental

  5  illness;

  6         7.  Older adults with substance-abuse problems;

  7         8.  Children and adolescents with serious emotional

  8  disturbances as defined in section 394.492(6), Florida

  9  Statutes;

10         9.  Children with substance-abuse problems as defined

11  in section 397.93(2), Florida Statutes;

12         10.  Children and adolescents in state custody pursuant

13  to chapter 39, Florida Statutes; and

14         11.  Children and adolescents in residential commitment

15  programs of the Department of Juvenile Justice pursuant to

16  chapter 985, Florida Statutes.

17         (c)  The service delivery strategies must include a

18  continuing care system for persons whose clinical and

19  functional status indicates the need for these services. These

20  persons will be eligible for a range of treatment,

21  rehabilitative, and support services until they no longer need

22  the services to maintain or improve their level of

23  functioning. Given the long-term nature of some mental and

24  addictive disorders, continuing care services should be

25  sensitive to the variable needs of individuals across time and

26  shall be designed to help assure easy access for persons with

27  these long-term problems. The Department of Children and

28  Family Services shall develop criteria for the continuing care

29  program for behavioral health services.

30         (d)  A local body or group must be identified by the

31  district administrator to serve in an advisory capacity to the

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    Florida Senate - 2001                           CS for SB 1258
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  1  behavioral health service delivery strategy and must include

  2  representatives of the local school system, the judicial

  3  system, county government, public and private Baker Act

  4  receiving facilities, and law enforcement agencies; a consumer

  5  of the public behavioral health care system; and a family

  6  member of a consumer of the publicly funded system. This

  7  advisory body may be the community alliance established under

  8  section 20.19(6), Florida Statutes, or any other suitable

  9  established local group.

10         (e)  The managing entity shall ensure that written

11  cooperative agreements are developed among the judicial

12  system, the criminal justice system, and the local behavioral

13  health providers in the geographic area which define

14  strategies and alternatives for diverting, from the criminal

15  justice system to the civil system as provided under Part I of

16  chapter 394, Florida Statutes, or chapter 397, Florida

17  Statutes, persons with behavioral health problems who are

18  arrested for a misdemeanor. These agreements must also address

19  the provision of appropriate services to persons with

20  behavioral health problems who leave the criminal justice

21  system.

22         (f)  Managing entities must submit data to the

23  Department of Children and Family Services and the Agency for

24  Health Care Administration on the use of services and the

25  outcomes for all enrolled clients. Managing entities must meet

26  performance expectations related to:

27         1.  The rate at which individuals in the community

28  receive services, including persons who receive follow-up care

29  after emergencies.

30         2.  Clinical improvement of individuals served,

31  clinically and functionally.

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    Florida Senate - 2001                           CS for SB 1258
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  1         3.  Reduction of jail admissions.

  2         4.  Consumer and family satisfaction.

  3         5.  Satisfaction of key community constituents such as

  4  law enforcement agencies, juvenile justice agencies, the

  5  courts, the schools, local government entities, and others as

  6  appropriate for the locality.

  7         (g)  The Agency for Health Care Administration may

  8  certify match or may seek federal waivers that are necessary

  9  to implement the behavioral health service delivery

10  strategies.

11         (h)1.  The Department of Children and Family Services,

12  in consultation with the Agency for Health Care

13  Administration, shall prepare an amendment by October 31,

14  2001, to the 2001 master state plan required under section

15  394.75(1), Florida Statutes, which describes each service

16  delivery strategy, including at least the following details:

17         a.  Operational design;

18         b.  Counties or service districts included in each

19  strategy;

20         c.  Expected outcomes; and

21         d.  Timeframes.

22         2.  The amendment shall specifically address the

23  application of each service delivery strategy to

24  substance-abuse services including:

25         a.  The development of substance-abuse-service

26  protocols;

27         b.  Credentialing requirements for substance-abuse

28  services; and

29         c.  The development of new service models for

30  individuals with co-occurring mental health and

31  substance-abuse disorders.

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    Florida Senate - 2001                           CS for SB 1258
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  1         (6)  MONITORING AND EVALUATION.--The Department of

  2  Children and Family Services and the Agency for Health Care

  3  Administration shall provide routine monitoring and oversight

  4  of and technical assistance to the service delivery

  5  strategies. The Department of Children and Family Services

  6  shall contract with an independent entity to conduct a

  7  formative evaluation of each strategy to identify the most

  8  effective methods and techniques used to manage, integrate,

  9  and deliver publicly funded behavioral health services. The

10  entity conducting the evaluation shall report to the

11  Department of Children and Family Services, the Agency for

12  Health Care Administration, the Executive Office of the

13  Governor, and the Legislature every 12 months regarding the

14  status of the implementation of the service delivery

15  strategies. The report must include a summary of activities

16  that have occurred during the past 12 months of implementation

17  and any problems or obstacles that prevented, or may prevent

18  in the future, the managing entity from achieving performance

19  goals and measures. The first status report is due January 1,

20  2002. After the service delivery strategies have been

21  operational for 1 year, the status report must include an

22  analysis of administrative costs and the status of the

23  achievement of performance outcomes. Upon receiving the annual

24  report from the evaluator, the Department of Children and

25  Family Services and the Agency for Health Care Administration

26  shall jointly make any recommendations to the Executive Office

27  of the Governor regarding changes in the service delivery

28  strategies or in the implementation of the strategies,

29  including timeframes. The Executive Office of the Governor

30  shall consult with the appropriate legislative committees

31  prior to making changes in the design of the strategies or

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    Florida Senate - 2001                           CS for SB 1258
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  1  prior to implementing the strategies in other geographic

  2  areas. If the Executive Office of the Governor makes no

  3  recommendation to implement the service delivery strategies in

  4  other areas of the state after the strategies have operated

  5  for 3 years, the strategies will cease. The Executive Office

  6  of the Governor shall then submit a final report to the

  7  Legislature which details the reasons for terminating the

  8  strategies.

  9         Section 2.  Behavioral Health Services Integration

10  Workgroup.--

11         (1)  The Secretary of the Department of Children and

12  Family Services shall establish the Behavioral Health Services

13  Integration Workgroup, which, at a minimum, shall include

14  representatives from the following: Department of Juvenile

15  Justice, the Department of Corrections, and the Department of

16  Education; the Office of Drug Control Policy; the Agency for

17  Health Care Administration; and county jails, homeless

18  coalitions, county government, providers of behavioral health

19  services, public and private Baker Act receiving facilities,

20  an assisted living facility serving behavioral health clients,

21  and consumers of behavioral health services and their

22  families.  The Behavioral Health Services Integration

23  Workgroup shall assess barriers to the effective and efficient

24  integration of mental health and substance-abuse-treatment

25  services across various systems, propose solutions to these

26  barriers, and ensure that plans for mental health and

27  substance-abuse-treatment services which are required by

28  statute consider these solutions.  Under chapter 216, Florida

29  Statutes, the Department of Children and Family Services may

30  transfer up to $200,000 to support the Behavioral Health

31  Services Integration Workgroup.

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    Florida Senate - 2001                           CS for SB 1258
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  1         (2)  The Behavioral Health Services Integration

  2  Workgroup shall submit a report to the Governor, the President

  3  of the Senate, and the Speaker of the House of Representatives

  4  by January 1, 2002, regarding the Workgroup's progress toward

  5  achieving the goals specified in subsection (1).

  6         Section 3.  This act shall take effect upon becoming a

  7  law.

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    Florida Senate - 2001                           CS for SB 1258
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1258

  3

  4
    Allows the Department of Children and Family Services to
  5  contract with an existing substance abuse provider network
    under the service delivery strategy operating pursuant to s.
  6  409.912, F.S., if an administrative services organization
    exists as part of its network and also allows the Department
  7  of Children and Family Services and the Agency for Health Care
    Administration to employ alternative service delivery and
  8  financing methodologies under that arrangement to include
    prospective payment for certain population groups.
  9
    Specifies that the payment methods specified for the service
10  delivery strategy operating pursuant to s. 409.912, F.S., may
    be used under both service delivery strategies.
11
    Specifies that fee for service reimbursement and unit cost
12  contracting will continue until there has been sufficient
    experience with other payment methodologies.
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    Adds a goal for the service delivery strategies that includes
14  promoting specialized behavioral health services to residents
    of assisted living facilities.
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    States that the network of providers must include but is not
16  limited to hospitals, mental health centers, substance abuse
    providers, licensed physicians, licensed psychiatric nurses,
17  and mental health professionals licensed under chapter 490,
    F.S., or chapter 491, F.S.
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    States that a behavioral health client served by the network
19  under the service delivery strategies may reside at home or in
    settings such as assisted living facilities, skilled nursing
20  facilities, group homes, and foster homes.

21  Specifies that representatives of public and private Baker Act
    receiving facilities will be included in the local advisory
22  group to the Department of Children and Family Services and
    the Agency for Health Care Administration on the service
23  delivery strategies.

24  Adds substance abuse services to the written cooperative
    agreements developed in local communities among the judicial
25  system, the criminal justice system, and the local behavioral
    health providers that define strategies and alternatives for
26  diverting behavioral health clients who are arrested for
    misdemeanors from the criminal justice system to the
27  behavioral health treatment systems.

28  Allows the Agency for Health Care Administration to certify
    funds for matching federal Medicaid funds.
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    Specifies that the amendment to the master state plan due to
30  the Legislature by October 31, 2001, must include the
    development of substance abuse service protocols,
31  credentialing requirements for substance abuse services, and
    development of new service models for persons with
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    Florida Senate - 2001                           CS for SB 1258
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  1  co-occurring mental health and substance abuse disorders.

  2  Removes the Behavioral Health Policy Council and establishes
    the Behavioral Health Services Integration Workgroup to assess
  3  barriers to the effective and efficient integration of mental
    health and substance abuse treatment services across various
  4  systems and to propose solutions to these barriers and report
    to the Governor and the Legislature January 1, 2002, regarding
  5  the Workgroup's progress.

  6  Allows the Department of Children and Family Services, under
    the authority of chapter 216, F.S., to transfer up to $200,000
  7  to support the Behavioral Health Services Integration
    Workgroup.
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