Senate Bill sb1346er

CODING: Words stricken are deletions; words underlined are additions.


    ENROLLED

    2001 Legislature                         CS for CS for SB 1346



  1                                 

  2         An act relating to behavioral health care

  3         service; amending s. 394.66, F.S.; providing

  4         legislative intent; creating s. 394.741, F.S.;

  5         requiring the Agency for Health Care

  6         Administration and the Department of Children

  7         and Family Services to accept accreditation in

  8         lieu of its administrative and program

  9         monitoring under certain circumstances;

10         amending s. 394.90, F.S.; requiring the Agency

11         for Health Care Administration to accept

12         accreditation in lieu of its onsite licensure

13         reviews; amending s. 397.411, F.S.; requiring

14         the Department of Children and Family Services

15         to accept accreditation in lieu of its onsite

16         licensure reviews; amending s. 397.403, F.S.;

17         conforming provisions; creating s. 394.499,

18         F.S.; authorizing the Department of Children

19         and Family Services, in consultation with the

20         Agency for Health Care Administration, to

21         establish children's behavioral crisis unit

22         demonstration models to provide integrated

23         emergency mental health and substance abuse

24         services to persons under 18 years of age at

25         facilities licensed as children's crisis

26         stabilization units; providing for standards,

27         procedures, and requirements for services;

28         providing eligibility criteria; requiring the

29         department to report on the initial

30         demonstration models; providing for expanding

31         the demonstration models; providing for


                                  1

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                         CS for CS for SB 1346



  1         independent evaluation and report; providing

  2         rulemaking authority; providing an effective

  3         date.

  4  

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

  6  

  7         Section 1.  Subsections (13) and (14) are added to

  8  section 394.66, Florida Statutes, to read:

  9         394.66  Legislative intent with respect to substance

10  abuse and mental health services.--It is the intent of the

11  Legislature to:

12         (13)  Promote best practices and the highest quality of

13  care in contacted alcohol, drug abuse, and mental health

14  services through achievement of national accreditation.

15         (14)  Ensure that the state agencies, licensing and

16  monitoring contracted providers, perform in the most

17  cost-efficient and effective manner with limited duplication

18  and disruption to organizations providing services.

19         Section 2.  Section 394.741, Florida Statutes, is

20  created to read:

21         394.741  Accreditation requirements for providers of

22  behavioral health care services.--

23         (1)  As used in this section, the term "behavioral

24  health care services" means mental health and substance abuse

25  treatment services.

26         (2)  Notwithstanding any provision of law to the

27  contrary, accreditation shall be accepted by the agency and

28  department in lieu of the agency's and department's facility

29  licensure on-site review requirements and shall be accepted as

30  a substitute for the department's administrative and program

31  


                                  2

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                         CS for CS for SB 1346



  1  monitoring requirements, except as required by subsections (3)

  2  and (4):

  3         (a)  Any organization from which the department

  4  purchases behavioral health care services that is accredited

  5  by the Joint Commission on Accreditation of Healthcare

  6  Organizations or the Council on Accreditation for Children and

  7  Family Services, or have those services that are being

  8  purchased by the department accredited by CARF--the

  9  Rehabilitation Accreditation Commission.

10         (b)  Any mental health facility licensed by the agency

11  or any substance abuse component licensed by the department

12  that is accredited by the Joint Commission on Accreditation of

13  Healthcare Organizations, CARF--the Rehabilitation

14  Accreditation Commission or the Council on Accreditation of

15  Children and Family Services.

16         (c)  Any network of providers from which the department

17  or the agency purchase behavioral health care services

18  accredited by the Joint Commission on Accreditation of

19  Healthcare Organizations, CARF--the Rehabilitation

20  Accreditation Commission, the Council on Accreditation of

21  Children and Family Services, or the National Committee for

22  Quality Assurance. A provider organization, which is part of

23  an accredited network, is afforded the same rights under this

24  part.

25         (3)  For mental health services, the department and the

26  agency may adopt rules that establish:

27         (a)  Additional standards for monitoring and licensing

28  accredited programs and facilities that the department and the

29  agency have determined are not specifically and distinctly

30  covered by the accreditation standards and processes. These

31  standards and the associated monitoring must not duplicate the


                                  3

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                         CS for CS for SB 1346



  1  standards and processes already covered by the accrediting

  2  bodies.

  3         (b)  An on-site monitoring process between 24 months

  4  and 36 months after accreditation for non-residential

  5  facilities to assure that accredited organizations exempt from

  6  licensing and monitoring activities under this part continue

  7  to comply with critical standards.

  8         (c)  An on-site monitoring process between 12 months

  9  and 24 months after accreditation for residential facilities

10  to assure that accredited organizations exempt from licensing

11  and monitoring activities under this part continue to comply

12  with critical standards.

13         (4)  For substance abuse services, the department shall

14  conduct full licensure inspections every three years and shall

15  develop in rule criteria which would justify more frequent

16  inspections.

17         (5)  The department and the agency shall be given

18  access to all accreditation reports, corrective action plans,

19  and performance data submitted to the accrediting

20  organizations. When major deficiencies, as defined by the

21  accrediting organization, are identified through the

22  accreditation process, the department and the agency may

23  perform followup monitoring to assure that such deficiencies

24  are corrected and that the corrections are sustained over

25  time. Proof of compliance with fire and health safety

26  standards will be submitted as required by rule.

27         (6)  The department or agency, by accepting the survey

28  or inspection of an accrediting organization, does not forfeit

29  its rights to perform inspections at any time, including

30  contract monitoring to ensure that deliverables are provided

31  in accordance with the contract.


                                  4

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                         CS for CS for SB 1346



  1         (7)  The department and the agency shall report to the

  2  Legislature by January 1, 2003 on the viability of mandating

  3  all organizations under contract with the department for the

  4  provision of behavioral healthcare services, or licensed by

  5  the agency or department to be accredited. The department and

  6  the agency shall also report to the Legislature by January 1,

  7  2003 on the viability of privatizing all licensure and

  8  monitoring functions through an accrediting organization.

  9         (8)  The accreditation requirements of this section

10  shall apply to contracted organizations that are already

11  accredited immediately upon becoming law.

12         Section 3.  Subsection (5) of section 394.90, Florida

13  Statutes, is amended to read:

14         394.90  Inspection; right of entry; records.--

15         (5)(a)  The agency shall may accept, in lieu of its own

16  inspections for licensure, the survey or inspection of an

17  accrediting organization, if the provider is accredited

18  according to the provisions of s. 394.741 and the agency

19  receives the report of the accrediting organization. The

20  department, in consultation with the agency, shall develop,

21  and adopt by rule, specific criteria for assuring that the

22  accrediting organization has specific standards and experience

23  related to the program area being licensed, specific criteria

24  for accepting the standards and survey methodologies of an

25  accrediting organization, delineations of the obligations of

26  accrediting organizations to assure adherence to those

27  standards, criteria for receiving, accepting and maintaining

28  the confidentiality of the survey and corrective action

29  reports, and allowance for the agency's participation in

30  surveys.

31  


                                  5

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                         CS for CS for SB 1346



  1         (b)  The agency shall conduct compliance investigations

  2  and sample validation inspections to evaluate the inspection

  3  process of accrediting organizations to ensure minimum

  4  standards are maintained as provided in Florida statute and

  5  rule. The agency may conduct a lifesafety inspection in

  6  calendar years in which an accrediting organization survey is

  7  not conducted and shall conduct a full state inspection,

  8  including a lifesafety inspection, if an accrediting

  9  organization survey has not been conducted within the previous

10  36 months.  The agency, by accepting the survey or inspection

11  of an accrediting organization, does not forfeit its right to

12  perform inspections.

13         Section 4.  Subsection (2) of section 397.411, Florida

14  Statutes, is amended to read:

15         397.411  Inspection; right of entry; records.--

16         (2)(a)  The department shall may accept, in lieu of its

17  own inspections for licensure, the survey or inspection of an

18  accrediting organization, if the provider is accredited

19  according to the provisions of s. 394.741 and the department

20  receives the report of the accrediting organization. The

21  department shall develop, and adopt by rule, specific criteria

22  for assuring that the accrediting organization has specific

23  standards and experience related to the program area being

24  licensed; specific criteria for accepting the standards and

25  survey methodologies of an accrediting organization;

26  delineations of the obligations of accrediting organizations

27  to assure adherence to those standards; criteria for

28  receiving, accepting, and maintaining the confidentiality of

29  the survey and corrective action reports; and allowance for

30  the department's participation in surveys.

31  


                                  6

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                         CS for CS for SB 1346



  1         (b)  The department shall conduct compliance

  2  investigations and sample validation inspections to evaluate

  3  the inspection process of accrediting organizations to ensure

  4  minimum standards are maintained as provided in Florida

  5  statute and rule. The department may conduct a fire, safety,

  6  and health inspection in calendar years in which an

  7  accrediting organization survey is not conducted and shall

  8  conduct a full state inspection, including a lifesafety

  9  inspection, if an accrediting organization survey has not been

10  conducted within the previous 36 months.  The department, by

11  accepting the survey or inspection of an accrediting

12  organization, does not forfeit its right to perform

13  inspections.

14         Section 5.  Subsection (3) of section 397.403, Florida

15  Statutes, is amended to read:

16         397.403  License application.--

17         (3)  The department shall accept proof of accreditation

18  by CARF--the Rehabilitation Accreditation Commission on

19  Accreditation of Rehabilitation Facilities (CARF) or the Joint

20  Commission on Accreditation of Health Care Organizations

21  (JCAHCO), or through any other nationally recognized

22  certification process that is acceptable to the department and

23  meets the minimum licensure requirements under this chapter,

24  in lieu of requiring the applicant to submit the information

25  required by paragraphs (1)(a)-(c).

26         Section 6.  Section 394.499, Florida Statutes, is

27  created to read:

28         394.499  Integrated children's crisis stabilization

29  unit/juvenile addictions receiving facility services.--

30         (1)  Beginning July 1, 2001, the Department of Children

31  and Family Services, in consultation with the Agency for


                                  7

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                         CS for CS for SB 1346



  1  Health Care Administration, is authorized to establish

  2  children's behavioral crisis unit demonstration models in

  3  Collier, Lee, and Sarasota Counties. By December 31, 2003, the

  4  department shall submit to the President of the Senate, the

  5  Speaker of the House of Representatives, and the chairs of the

  6  Senate and House committees that oversee departmental

  7  activities a report that evaluates the number of clients

  8  served, quality of services, performance outcomes, and

  9  feasibility of continuing or expanding the demonstration

10  models. Beginning July 1, 2004, subject to approval by the

11  Legislature, the department, in cooperation with the agency,

12  may expand the demonstration models to other areas in the

13  state. The children's behavioral crisis unit demonstration

14  models will integrate children's mental health crisis

15  stabilization units with substance abuse juvenile addictions

16  receiving facility services, to provide emergency mental

17  health and substance abuse services that are integrated within

18  facilities licensed and designated by the agency for children

19  under 18 years of age who meet criteria for admission or

20  examination under this section. The services shall be

21  designated as "integrated children's crisis stabilization

22  unit/juvenile addictions receiving facility services," shall

23  be licensed by the agency as children's crisis stabilization

24  units, and shall meet all licensure requirements for crisis

25  stabilization units. The department, in cooperation with the

26  agency, shall develop standards that address eligibility

27  criteria, clinical procedures, staffing requirements,

28  operational, administrative, and financing requirements, and

29  investigation of complaints for such integrated facility

30  services. Standards that are implemented specific to substance

31  


                                  8

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                         CS for CS for SB 1346



  1  abuse services shall meet or exceed existing standards for

  2  addictions receiving facilities.

  3         (2)  Children eligible to receive integrated children's

  4  crisis stabilization unit/juvenile addictions receiving

  5  facility services include:

  6         (a)  A person under 18 years of age for whom voluntary

  7  application is made by his or her guardian, if such person is

  8  found to show evidence of mental illness and to be suitable

  9  for treatment pursuant to s. 394.4625. A person under 18 years

10  of age may be admitted for integrated facility services only

11  after a hearing to verify that the consent to admission is

12  voluntary.

13         (b)  A person under 18 years of age who may be taken to

14  a receiving facility for involuntary examination, if there is

15  reason to believe that he or she is mentally ill and because

16  of his or her mental illness, pursuant to s. 394.463:

17         1.  Has refused voluntary examination after

18  conscientious explanation and disclosure of the purpose of the

19  examination; or

20         2.  Is unable to determine for himself or herself

21  whether examination is necessary; and

22         a.  Without care or treatment is likely to suffer from

23  neglect or refuse to care for himself or herself; such neglect

24  or refusal poses a real and present threat of substantial harm

25  to his or her well-being; and it is not apparent that such

26  harm may be avoided through the help of willing family members

27  or friends or the provision of other services; or

28         b.  There is a substantial likelihood that without care

29  or treatment he or she will cause serious bodily harm to

30  himself or herself or others in the near future, as evidenced

31  by recent behavior.


                                  9

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                         CS for CS for SB 1346



  1         (c)  A person under 18 years of age who wishes to enter

  2  treatment for substance abuse and applies to a service

  3  provider for voluntary admission, pursuant to s. 397.601.

  4         (d)  A person under 18 years of age who meets the

  5  criteria for involuntary admission because there is good faith

  6  reason to believe the person is substance abuse impaired

  7  pursuant to s. 397.675 and, because of such impairment:

  8         1.  Has lost the power of self-control with respect to

  9  substance use; and

10         2.a.  Has inflicted, or threatened or attempted to

11  inflict, or unless admitted is likely to inflict, physical

12  harm on himself or herself or another; or

13         b.  Is in need of substance abuse services and, by

14  reason of substance abuse impairment, his or her judgment has

15  been so impaired that the person is incapable of appreciating

16  his or her need for such services and of making a rational

17  decision in regard thereto; however, mere refusal to receive

18  such services does not constitute evidence of lack of judgment

19  with respect to his or her need for such services.

20         (e)  A person under 18 years of age who meets the

21  criteria for examination or admission under paragraph (b) or

22  paragraph (d) and has a coexisting mental health and substance

23  abuse disorder.

24         (3)  The department shall contract for an independent

25  evaluation of the children's behavioral crisis unit

26  demonstration models to identify the most effective ways to

27  provide integrated crisis stabilization unit/juvenile

28  addiction receiving facility services to children. The

29  evaluation shall be reported to the Legislature by December

30  31, 2003.

31  


                                  10

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                         CS for CS for SB 1346



  1         (4)  The department, in cooperation with the agency, is

  2  authorized to adopt rules regarding standards and procedures

  3  for integrated children's crisis stabilization unit/juvenile

  4  addictions receiving facility services.

  5         Section 7.  Nothing in this act shall be construed to

  6  require an existing crisis stabilization unit or juvenile

  7  addictions receiving facility to convert to a children's

  8  behavioral crisis unit.

  9         Section 8.  This act shall take effect upon becoming a

10  law.

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  11

CODING: Words stricken are deletions; words underlined are additions.