Senate Bill sb2032

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    Florida Senate - 2002                                  SB 2032

    By Senator Silver





    38-1160-02

  1                      A bill to be entitled

  2         An act relating to the Department of Children

  3         and Family Services; amending s. 216.181, F.S.;

  4         providing for the use of funds by the

  5         department; creating s. 287.0583, F.S.;

  6         providing for the imposition of a surcharge;

  7         amending s. 393.063, F.S.; redefining the term

  8         "support coordinator"; amending s. 393.0651,

  9         F.S.; revising provisions relating to family or

10         individual support plans; amending s. 394.74,

11         F.S.; prescribing a specified contract

12         requirement; amending s. 394.908, F.S.;

13         revising provisions relating to funding for

14         substance-abuse and mental-health services;

15         amending s. 414.035, F.S.; revising provisions

16         authorizing expenditures by the department;

17         authorizing the sale of a hospital and

18         providing for the use of the proceeds;

19         providing an effective date.

20

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

22

23         Section 1.  Paragraph (c) of subsection (16) of section

24  216.181, Florida Statutes, is amended to read:

25         216.181  Approved budgets for operations and fixed

26  capital outlay.--

27         (16)

28         (c)  Unless specifically prohibited in the General

29  Appropriations Act, funds appropriated to the Department of

30  Children and Family Services and the Department of Health may

31  be advanced for those contracted services that were approved

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  1  for advancement by the Comptroller in fiscal year 1993-1994,

  2  including those services contracted on a fixed-price or

  3  unit-cost basis. For the 2001-2002 fiscal year only, funds

  4  appropriated to the Department of Children and Family Services

  5  in Specific Appropriations 302-466 and the Department of

  6  Health in Specific Appropriations 503-637 of the 2001-2002

  7  General Appropriations Act may be advanced, unless

  8  specifically prohibited in such General Appropriations Act,

  9  for those contracted services that were approved for

10  advancement by the Comptroller in fiscal year 1993-1994,

11  including those services contracted on a fixed-price or

12  unit-cost basis. This paragraph expires July 1, 2002.

13         Section 2.  Section 287.0583, Florida Statutes, is

14  created to read:

15         287.0583  Surcharge on contracts with the Department of

16  Children and Family Service.--The Department of Children and

17  Family Services may impose a surcharge on contracts for the

18  purchase of health and human services in order to fund the

19  department's costs of managing, monitoring, and administering

20  the contracts to ensure compliance with contract terms. The

21  amount of the surcharge shall be calculated as a percentage of

22  the total value of the contract, up to a maximum of 5 percent.

23  The contractor shall remit the surcharge to the department

24  according to provisions specified in the contract. All

25  surcharges collected under this section must be deposited into

26  the department's Administrative Trust Fund and are subject to

27  legislative appropriation. Surcharges collected under this

28  section and any interest income on the surcharges are not

29  considered to be income of a revenue nature for the purposes

30  of chapter 215.

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  1         Section 3.  Subsection (47) of section 393.063, Florida

  2  Statutes, is amended to read:

  3         393.063  Definitions.--For the purposes of this

  4  chapter:

  5         (47)  "Support coordinator" means a person who is

  6  designated by the department to assist individuals and

  7  families in identifying their desires, capacities, needs, and

  8  resources, as well as finding and gaining access to necessary

  9  supports and services; coordinating the delivery of supports

10  and services; advocating on behalf of the individual and

11  family; maintaining relevant records; and monitoring and

12  evaluating the delivery of supports and services to determine

13  the extent to which they meet the needs and expectations

14  identified by the individual, family, and others who

15  participated in the development of the support plan. The

16  decision to use the services of a support coordinator, as well

17  as the frequency, scope, and intensity of the support

18  coordinator's activities shall be determined by the individual

19  or individual's legal guardian.

20         Section 4.  Section 393.0651, Florida Statutes, is

21  amended to read:

22         393.0651  Family or individual support plan.--The

23  department shall provide for a an appropriate family support

24  plan for children ages birth to 18 years of age and an

25  individual support plan for each client. The parent or

26  guardian of the client or, if competent, or the client's

27  parent or guardian the client, or, when appropriate, the

28  client advocate, shall be consulted in the development of the

29  plan and shall receive a copy of the plan. Each plan shall

30  include the most appropriate, least restrictive, and most

31  cost-beneficial environment for accomplishment of the

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  1  objectives for client progress and a specification of all

  2  services authorized. The plan shall include provisions for the

  3  most appropriate level of care for the client. Within the

  4  specification of needs and services for each client, when

  5  residential care is necessary, the department shall move

  6  toward placement of clients in residential facilities based

  7  within the client's community. The ultimate goal of each plan,

  8  whenever possible, shall be to enable the client to live a

  9  dignified life in the least restrictive setting, whether be

10  that in the home or in the community. For children under 6

11  years of age, the family support plan shall be developed

12  within the 45-day application period as specified in s.

13  393.065(1); for all applicants 6 years of age or older, the

14  family or individual support plan shall be developed within

15  the 60-day period as specified in that subsection.

16         (1)  The department shall develop and specify by rule

17  the core components of support plans to be used by each

18  district.

19         (2)(a)  The family or individual support plan shall be

20  integrated with the individual education plan (IEP) for all

21  clients who are public school students entitled to a free

22  appropriate public education under the Individuals with

23  Disabilities Education Act, I.D.E.A., as amended. The family

24  or individual support plan and IEP shall be implemented to

25  maximize the attainment of educational and habilitation goals.

26  If the IEP for a student enrolled in a public school program

27  indicates placement in a public or private residential program

28  is necessary to provide special education and related services

29  to a client, the local education agency shall provide for the

30  costs of that service in accordance with the requirements of

31  the Individuals with Disabilities Education Act, I.D.E.A., as

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  1  amended. This shall not preclude local education agencies and

  2  the department from sharing the residential service costs of

  3  students who are clients and require residential placement.

  4  Under no circumstances shall clients entitled to a public

  5  education or their parents be assessed a fee by the department

  6  under s. 402.33 for placement in a residential program.

  7         (b)  For clients who are entering or exiting the school

  8  system, an interdepartmental staffing team composed of

  9  representatives of the department and the local school system

10  shall develop a written transitional living and training plan

11  with the participation of the client or with the parent or

12  guardian of the client, or the client advocate, as

13  appropriate.

14         (3)  Each family or individual support plan shall be

15  facilitated through case management designed solely to advance

16  the individual needs of the client.

17         (4)  In the development of the family or individual

18  support plan, a client advocate may be appointed by the

19  support planning team for a client who is a minor or for a

20  client who is not capable of express and informed consent

21  when:

22         (a)  The parent or guardian cannot be identified;

23         (b)  The whereabouts of the parent or guardian cannot

24  be discovered; or

25         (c)  The state is the only legal representative of the

26  client.

27

28  Such appointment shall not be construed to extend the powers

29  of the client advocate to include any of those powers

30  delegated by law to a legal guardian.

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  1         (5)  The department shall place a client in the most

  2  appropriate and least restrictive, and cost-beneficial,

  3  residential facility according to his or her individual

  4  habilitation plan. The parent or guardian of the client or, if

  5  competent, the client, or, when appropriate, the client

  6  advocate, and the administrator of the residential facility to

  7  which placement is proposed shall be consulted in determining

  8  the appropriate placement for the client. Considerations for

  9  placement shall be made in the following order:

10         (a)  Client's own home or the home of a family member

11  or direct service provider.

12         (b)  Foster care facility.

13         (c)  Group home facility.

14         (d)  Intermediate care facility for the developmentally

15  disabled.

16         (e)  Other facilities licensed by the department which

17  offer special programs for people with developmental

18  disabilities.

19         (f)  Developmental services institution.

20         (6)  In developing a client's annual family or

21  individual support plan, the individual or family with the

22  assistance of the support planning team shall identify

23  measurable objectives for client progress and shall specify a

24  time period expected for achievement of each objective.

25         (7)  The individual, family, and support coordinator

26  shall review progress in achieving the objectives specified in

27  Each client's family or individual support plan must be

28  reviewed and revised, and shall revise the plan annually,

29  following consultation with the client, if competent, or with

30  the parent or guardian of the client, or, when appropriate,

31  the client advocate. The department shall annually report in

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  1  writing to the client, if competent, or to the parent or

  2  guardian of the client, or to the client advocate, when

  3  appropriate, with respect to the client's habilitative and

  4  medical progress.

  5         (8)  Any client, or any parent of a minor client, or

  6  guardian, authorized guardian advocate, or client advocate for

  7  a client, who is substantially affected by the client's

  8  initial family or individual support plan, or the annual

  9  review thereof, shall have the right to file a notice to

10  challenge the decision pursuant to ss. 120.569 and 120.57.

11  Notice of such right to appeal shall be included in all

12  support plans provided by the department.

13         Section 5.  Subsection (3) of section 394.74, Florida

14  Statutes, is amended to read:

15         394.74  Contracts for provision of local substance

16  abuse and mental health programs.--

17         (3)  Contracts shall include, but are not limited to:

18         (a)  A provision that, within the limits of available

19  resources, substance abuse and mental health crisis services,

20  as defined in s. 394.67(4), shall be available to any

21  individual residing or employed within the service area,

22  regardless of ability to pay for such services, current or

23  past health condition, or any other factor;

24         (b)  A provision that such services be available with

25  priority of attention being given to individuals who exhibit

26  symptoms of chronic or acute substance abuse or mental illness

27  and who are unable to pay the cost of receiving such services;

28         (c)  A provision that every reasonable effort to

29  collect appropriate reimbursement for the cost of providing

30  substance abuse and mental health services to persons able to

31  pay for services, including first-party payments and

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  1  third-party payments, shall be made by facilities providing

  2  services pursuant to this act;

  3         (d)  A program description and line-item operating

  4  budget by program service component for substance abuse and

  5  mental health services, provided the entire proposed operating

  6  budget for the service provider will be displayed; and

  7         (e)  A provision that client demographic, service, and

  8  outcome information required for the department's Mental

  9  Health and Substance Abuse Data System be submitted to the

10  department by a date specified in the contract. The department

11  may not pay the provider unless the required information has

12  been submitted by the specified date; and

13         (f)(e)  A requirement that the contractor must conform

14  to department rules and the priorities established thereunder.

15         Section 6.  Section 394.908, Florida Statutes, is

16  amended to read:

17         394.908  Substance abuse and mental health funding

18  equity; distribution of appropriations.--In recognition of the

19  historical inequity among service districts of the former

20  Department of Health and Rehabilitative Services in the

21  funding of substance abuse and mental health services, and in

22  order to rectify this inequity and provide for equitable

23  funding in the future throughout the state, the following

24  funding process shall be adhered to:

25         (1)  Funding thresholds for substance abuse and mental

26  health services in each of the current districts, statewide,

27  shall be established based on the current number of persons in

28  need per district of substance abuse and mental health

29  services, respectively.

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  1         (2)  "Persons in need" means those persons who fit the

  2  profile of the respective target populations and require

  3  mental health or substance abuse services.

  4         (3)  Seventy-five percent of Any additional funding

  5  beyond the 2000-2001 1996-1997 fiscal year base appropriation

  6  for alcohol, drug abuse, and mental health services shall be

  7  allocated to districts for substance abuse and mental health

  8  services based on:

  9         (a)  Epidemiological estimates of disabilities which

10  apply to the respective target populations.

11         (b)  A pro rata share distribution that ensures

12  districts below the statewide average funding level per person

13  in each target population of "persons in need" receive funding

14  necessary to achieve equity.

15         (4)  The remaining 25 percent shall be allocated based

16  on the number of persons in need of substance abuse and mental

17  health services per district without regard to current funding

18  levels.

19         (4)(5)  Target populations for persons in need shall be

20  displayed for each district and distributed concurrently with

21  the approved operating budget. The display by target

22  population shall show:  The annual number of persons served

23  based on prior year actual numbers, the annual cost per person

24  served, the number of persons served by service cost center,

25  and the estimated number of the total target population for

26  persons in need.

27         (5)(6)  The annual cost per person served shall be

28  defined as the total actual funding for each target population

29  divided by the number of persons served in the target

30  population for that year.

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  1         (6)(7)  Commencing on July 1, 1998, All additional

  2  funding allocated pursuant to this section shall be

  3  performance-based.

  4         (8)  For fiscal year 2001-2002 only, and

  5  notwithstanding the provisions of this section, all new funds

  6  received in excess of fiscal year 1998-1999 appropriations

  7  shall be allocated, except as specified in this subsection, to

  8  the G. Pierce Wood Memorial Hospital catchment area or other

  9  districts or counties identified in the 2001-2002 General

10  Appropriations Act. The Department of Children and Family

11  Services is authorized to develop an alternative allocation

12  methodology based on national prevalence data for persons with

13  severe and persistent mental illness for use in the

14  distribution of new funds to the G. Pierce Wood Memorial

15  Hospital catchment area. No district shall receive an

16  allocation of recurring funds less than its initial approved

17  operating budget, plus any distributions of lump sum

18  appropriations, for fiscal year 1998-1999, except for

19  adjustments needed to implement the SunCoast Region. This

20  subsection expires July 1, 2002.

21         Section 7.  Section 414.035, Florida Statutes, is

22  amended to read:

23         414.035  Authorized expenditures.--Any expenditures

24  from the Temporary Assistance for Needy Families block grant,

25  or from other state funds that the secretary or his or her

26  designee determines meets the maintenance-of-effort

27  requirement for the block grant, must shall be expended in

28  accordance with the requirements and limitations of part A of

29  Title IV of the Social Security Act, as amended, or any other

30  applicable federal requirement or limitation. Prior to any

31  expenditure of such funds, the secretary of Children and

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  1  Family Services, or his or her designee, shall certify that

  2  controls are in place to ensure such funds are expended in

  3  accordance with the requirements and limitations of federal

  4  law and that any reporting requirements of federal law are

  5  met. It shall be the responsibility of any entity to which

  6  such funds are appropriated to obtain the required

  7  certification prior to any expenditure of funds.

  8         Section 8.  Upon approval of the Board of Trustees of

  9  the Internal Improvement Trust Fund, the Division of State

10  Lands of the Department of Environmental Protection may sell

11  the former W.T. Edwards Hospital complex located in

12  Hillsborough County, currently under lease to the Department

13  of Children and Family Services. Notwithstanding chapter 253,

14  Florida Statutes, the proceeds from the sale must be deposited

15  into the Department of Children and Family Services'

16  Administrative Trust Fund and, subject to legislative

17  appropriation, must be used to construct, renovate, equip,

18  maintain, and improve the department's facilities.

19         Section 9.  This act shall take effect July 1, 2002.

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21            *****************************************

22                          SENATE SUMMARY

23    Revises various funding and expenditure provisions under
      the jurisdiction of the Department of Children and Family
24    Services. Authorizes the sale of the former W.T. Edwards
      Hospital complex and provides for the use of the
25    proceeds.

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