House Bill hb1799e1

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                                          HB 1799, First Engrossed



  1                      A bill to be entitled

  2         An act relating to integrated children's crisis

  3         stabilization unit/juvenile addictions

  4         receiving facility services; creating s.

  5         394.499, F.S.; authorizing the Department of

  6         Children and Family Services, in consultation

  7         with the Agency for Health Care Administration,

  8         to establish children's behavioral crisis unit

  9         demonstration models to provide integrated

10         emergency mental health and substance abuse

11         services to persons under 18 years of age at

12         facilities licensed as children's crisis

13         stabilization units; providing for standards,

14         procedures, and requirements for services;

15         providing eligibility criteria; requiring the

16         department to report on the initial

17         demonstration models; providing for expanding

18         the demonstration models; providing for

19         independent evaluation and report; providing

20         rulemaking authority; amending s. 394.66, F.S.;

21         providing legislative intent relating to the

22         accreditation and cost-efficiency of substance

23         abuse and mental health service providers;

24         creating s. 394.741, F.S., relating to

25         accreditation requirements for providers of

26         behavioral health care services; defining the

27         term "behavioral health care services";

28         requiring the accreditation of certain entities

29         to be accepted in lieu of licensure,

30         administrative, and program monitoring

31         requirements; authorizing the adoption of


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                                          HB 1799, First Engrossed



  1         rules; requiring that the Department of

  2         Children and Family Services and the Agency for

  3         Health Care Administration be allowed access to

  4         all accreditation reports, corrective action

  5         plans, and performance data submitted to

  6         accrediting organizations; authorizing followup

  7         monitoring by the department and the agency if

  8         major deficiencies are identified through the

  9         accreditation process; preserving the right of

10         the department and agency to perform

11         inspections, including contract monitoring;

12         requiring the department and the agency to

13         report to the Legislature on the viability of

14         mandating accreditation and privatizing

15         licensure and monitoring functions; specifying

16         that the accreditation requirements of s.

17         394.741, F.S., apply to contracted

18         organizations that are already accredited;

19         amending s. 394.90, F.S., relating to substance

20         abuse and mental health services; revising

21         provisions relating to licensure,

22         accreditation, and inspection of facilities, to

23         conform; providing a cross reference; amending

24         s. 397.411, F.S., relating to substance abuse

25         service providers; revising provisions relating

26         to licensure, accreditation, and inspection of

27         facilities, to conform; providing a cross

28         reference; amending ss. 397.403; revising the

29         name of the Commission on Accreditation of

30         Rehabilitation Facilities; providing an

31         effective date.


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                                          HB 1799, First Engrossed



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

  2  

  3         Section 1.  Section 394.499, Florida Statutes, is

  4  created to read:

  5         394.499  Integrated children's crisis stabilization

  6  unit/juvenile addictions receiving facility services.--

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

  8  and Family Services, in consultation with the Agency for

  9  Health Care Administration, is authorized to establish

10  children's behavioral crisis unit demonstration models in

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

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

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

14  Senate and House committees that oversee departmental

15  activities a report that evaluates the number of clients

16  served, quality of services, performance outcomes, and

17  feasibility of continuing or expanding the demonstration

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

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

20  may expand the demonstration models to other areas in the

21  state. The children's behavioral crisis unit demonstration

22  models will integrate children's mental health crisis

23  stabilization units with substance abuse juvenile addictions

24  receiving facility services, to provide emergency mental

25  health and substance abuse services that are integrated within

26  facilities licensed and designated by the agency for children

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

28  examination under this section. The services shall be

29  designated as "integrated children's crisis stabilization

30  unit/juvenile addictions receiving facility services," shall

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


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                                          HB 1799, First Engrossed



  1  units, and shall meet all licensure requirements for crisis

  2  stabilization units. The department, in cooperation with the

  3  agency, shall develop standards that address eligibility

  4  criteria, clinical procedures, staffing requirements,

  5  operational, administrative, and financing requirements, and

  6  investigation of complaints for such integrated facility

  7  services. Standards that are implemented specific to substance

  8  abuse services shall meet or exceed existing standards for

  9  addictions receiving facilities.

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

11  crisis stabilization unit/juvenile addictions receiving

12  facility services include:

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

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

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

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

17  of age may be admitted for integrated facility services only

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

19  voluntary.

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

21  a receiving facility for involuntary examination, if there is

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

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

24         1.  Has refused voluntary examination after

25  conscientious explanation and disclosure of the purpose of the

26  examination; or

27         2.  Is unable to determine for himself or herself

28  whether examination is necessary; and

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

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

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


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                                          HB 1799, First Engrossed



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

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

  3  or friends or the provision of other services; or

  4         b.  There is a substantial likelihood that without care

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

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

  7  by recent behavior.

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

  9  treatment for substance abuse and applies to a service

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

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

12  criteria for involuntary admission because there is good faith

13  reason to believe the person is substance abuse impaired

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

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

16  substance use; and

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

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

19  harm on himself or herself or another; or

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

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

22  been so impaired that the person is incapable of appreciating

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

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

25  such services does not constitute evidence of lack of judgment

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

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

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

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

30  abuse disorder.

31  


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                                          HB 1799, First Engrossed



  1         (3)  The department shall contract for an independent

  2  evaluation of the children's behavioral crisis unit

  3  demonstration models to identify the most effective ways to

  4  provide integrated crisis stabilization unit/juvenile

  5  addiction receiving facility services to children. The

  6  evaluation shall be reported to the Legislature by December

  7  31, 2003.

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

  9  authorized to adopt rules regarding standards and procedures

10  for integrated children's crisis stabilization unit/juvenile

11  addictions receiving facility services.

12         Section 2.  Nothing in this act shall be construed to

13  require an existing crisis stabilization unit or juvenile

14  addictions receiving facility to convert to a children's

15  behavioral crisis unit.

16         Section 3.  Subsections (13) and (14) are added to

17  section 394.66, Florida Statutes, to read:

18         394.66  Legislative intent with respect to substance

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

20  Legislature to:

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

22  care in contracted alcohol, drug abuse, and mental health

23  services through achievement of national accreditation.

24         (14)  Ensure that the state agencies licensing and

25  monitoring contracted providers perform in the most

26  cost-efficient and effective manner with limited duplication

27  and disruption to organizations providing services.

28         Section 4.  Section 394.741, Florida Statutes, is

29  created to read:

30         394.741  Accreditation requirements for providers of

31  behavioral health care services.--


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                                          HB 1799, First Engrossed



  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 shall be accepted by the agency and

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

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

  8  a substitute for the department's administrative and program

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

10  and (4):

11         (a)  Any organization from which the department

12  purchases behavioral health care services that is accredited

13  by the Joint Commission on Accreditation of Healthcare

14  Organizations or the Council on Accreditation for Children and

15  Family Services, or have those services that are being

16  purchased by the department accredited by CARF--the

17  Rehabilitation Accreditation Commission.

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

19  or any substance abuse component licensed by the department

20  that is accredited by the Joint Commission on Accreditation of

21  Healthcare Organizations, CARF--the Rehabilitation

22  Accreditation Commission or the Council on Accreditation of

23  Children and Family Services.

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

25  or the agency purchase behavioral health care services

26  accredited by the Joint Commission on Accreditation of

27  Healthcare Organizations, CARF--the Rehabilitation

28  Accreditation Commission, the Council on Accreditation of

29  Children and Family Services, or the National Committee for

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

31  


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                                          HB 1799, First Engrossed



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

  2  part.

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

  4  agency may adopt rules that establish:

  5         (a)  Additional standards for monitoring and licensing

  6  accredited programs and facilities that the department and the

  7  agency have determined are not specifically and distinctly

  8  covered by the accreditation standards and processes. These

  9  standards and the associated monitoring must not duplicate the

10  standards and processes already covered by the accrediting

11  bodies.

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

13  and 36 months after accreditation for non-residential

14  facilities to assure that accredited organizations exempt from

15  licensing and monitoring activities under this part continue

16  to comply with critical standards.

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

18  and 24 months after accreditation for residential facilities

19  to assure that accredited organizations exempt from licensing

20  and monitoring activities under this part continue to comply

21  with critical standards.

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

23  conduct full licensure inspections every three years and shall

24  develop in rule criteria which would justify more frequent

25  inspections.

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

27  access to all accreditation reports, corrective action plans,

28  and performance data submitted to the accrediting

29  organizations. When major deficiencies, as defined by the

30  accrediting organization, are identified through the

31  accreditation process, the department and the agency may


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                                          HB 1799, First Engrossed



  1  perform followup monitoring to assure that such deficiencies

  2  are corrected and that the corrections are sustained over

  3  time. Proof of compliance with fire and health safety

  4  standards will be submitted as required by rule.

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

  6  or inspection of an accrediting organization, does not forfeit

  7  its rights to perform inspections at any time, including

  8  contract monitoring to ensure that deliverables are provided

  9  in accordance with the contract.

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

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

12  all organizations under contract with the department for the

13  provision of behavioral healthcare services, or licensed by

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

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

16  2003 on the viability of privatizing all licensure and

17  monitoring functions through an accrediting organization.

18         (8)  The accreditation requirements of this section

19  shall apply to contracted organizations that are already

20  accredited immediately upon becoming law.

21         Section 5.  Subsection (5) of section 394.90, Florida

22  Statutes, is amended to read:

23         394.90  Inspection; right of entry; records.--

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

25  inspections for licensure, the survey or inspection of an

26  accrediting organization, if the provider is accredited

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

28  receives the report of the accrediting organization. The

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

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

31  accrediting organization has specific standards and experience


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                                          HB 1799, First Engrossed



  1  related to the program area being licensed, specific criteria

  2  for accepting the standards and survey methodologies of an

  3  accrediting organization, delineations of the obligations of

  4  accrediting organizations to assure adherence to those

  5  standards, criteria for receiving, accepting and maintaining

  6  the confidentiality of the survey and corrective action

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

  8  surveys.

  9         (b)  The agency shall conduct compliance investigations

10  and sample validation inspections to evaluate the inspection

11  process of accrediting organizations to ensure minimum

12  standards are maintained as provided in Florida statute and

13  rule. The agency may conduct a lifesafety inspection in

14  calendar years in which an accrediting organization survey is

15  not conducted and shall conduct a full state inspection,

16  including a lifesafety inspection, if an accrediting

17  organization survey has not been conducted within the previous

18  36 months.  The agency, by accepting the survey or inspection

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

20  perform inspections.

21         Section 6.  Subsection (3) of section 397.403, Florida

22  Statutes, is amended to read:

23         397.403  License application.--

24         (3)  The department shall accept proof of accreditation

25  by CARF--the Rehabilitation Accreditation Commission on

26  Accreditation of Rehabilitation Facilities (CARF) or the Joint

27  Commission on Accreditation of Health Care Organizations

28  (JCAHCO), or through any other nationally recognized

29  certification process that is acceptable to the department and

30  meets the minimum licensure requirements under this chapter,

31  


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                                          HB 1799, First Engrossed



  1  in lieu of requiring the applicant to submit the information

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

  3         Section 7.  Subsection (2) of section 397.411, Florida

  4  Statutes, is amended to read:

  5         397.411  Inspection; right of entry; records.--

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

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

  8  accrediting organization, if the provider is accredited

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

10  receives the report of the accrediting organization. The

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

12  for assuring that the accrediting organization has specific

13  standards and experience related to the program area being

14  licensed; specific criteria for accepting the standards and

15  survey methodologies of an accrediting organization;

16  delineations of the obligations of accrediting organizations

17  to assure adherence to those standards; criteria for

18  receiving, accepting, and maintaining the confidentiality of

19  the survey and corrective action reports; and allowance for

20  the department's participation in surveys.

21         (b)  The department shall conduct compliance

22  investigations and sample validation inspections to evaluate

23  the inspection process of accrediting organizations to ensure

24  minimum standards are maintained as provided in Florida

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

26  and health inspection in calendar years in which an

27  accrediting organization survey is not conducted and shall

28  conduct a full state inspection, including a lifesafety

29  inspection, if an accrediting organization survey has not been

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

31  accepting the survey or inspection of an accrediting


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                                          HB 1799, First Engrossed



  1  organization, does not forfeit its right to perform

  2  inspections.

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

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