House Bill hb0545

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




    Florida House of Representatives - 2002                 HB 545

        By Representative Andrews






  1                      A bill to be entitled

  2         An act relating to substance abuse services;

  3         amending s. 397.311, F.S.; revising

  4         definitions; amending s. 397.403, F.S.;

  5         providing additional requirements for service

  6         provider license applications; amending s.

  7         397.405, F.S.; revising exemptions from

  8         licensure; amending ss. 212.055, 397.407,

  9         397.416, and 440.102, F.S.; correcting cross

10         references; amending s. 397.451, F.S.; revising

11         requirements relating to background checks of

12         service provider personnel; providing for

13         background screening and exemption from

14         disqualification for owners, directors, and

15         managers of service providers; providing for

16         background screening for all personnel who have

17         direct contact with children or adults

18         receiving services; providing an additional

19         requirement for exemption from disqualification

20         for certain rehabilitated substance abusers;

21         providing an effective date.

22

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

24

25         Section 1.  Present subsections (4), (19), (28), and

26  (29) of section 397.311, Florida Statutes, are amended to

27  read:

28         397.311  Definitions.--As used in this chapter, except

29  part VIII:

30         (4)  "Background check" means reviewing the background

31  of service provider personnel who have direct contact with

                                  1

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






    Florida House of Representatives - 2002                 HB 545

    571-188-02






  1  unmarried clients under the age of 18 years or with clients

  2  who are developmentally disabled in accordance with the

  3  provisions of s. 397.451, and includes, but is not limited to,

  4  local criminal records checks through local law enforcement

  5  agencies, fingerprinting, statewide criminal records checks

  6  through the Department of Law Enforcement, federal criminal

  7  records checks through the Federal Bureau of Investigation,

  8  and employment history checks.

  9         (18)(19)  "Licensed service provider" means a public

10  agency under this chapter, a private for-profit or

11  not-for-profit agency under this chapter, a physician licensed

12  under chapter 458 or chapter 459, or any other private

13  practitioner licensed under this chapter, or a hospital

14  licensed under chapter 395, which offers substance abuse

15  impairment services through one or more of the following

16  licensable service components:

17         (a)  Addictions receiving facility, which is a

18  community-based facility designated by the department to

19  receive, screen, and assess clients found to be substance

20  abuse impaired, in need of emergency treatment for substance

21  abuse impairment, or impaired by substance abuse to such an

22  extent as to meet the criteria for involuntary admission in s.

23  397.675, and to provide detoxification and stabilization.  An

24  addictions receiving facility must be state-owned,

25  state-operated, or state-contracted, and licensed pursuant to

26  rules adopted by the department's Substance Abuse Program

27  Office which include specific authorization for the provision

28  of levels of care and a requirement of separate accommodations

29  for adults and minors. Addictions receiving facilities are

30  designated as secure facilities to provide an intensive level

31  of care and must have sufficient staff and the authority to

                                  2

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






    Florida House of Representatives - 2002                 HB 545

    571-188-02






  1  provide environmental security to handle aggressive and

  2  difficult-to-manage behavior and deter elopement.

  3         (b)  Detoxification, which uses medical and

  4  psychological procedures and a supportive counseling regimen

  5  to assist clients in managing toxicity and withdrawing and

  6  stabilizing from the physiological and psychological effects

  7  of substance abuse impairment.

  8         (c)  Residential treatment, which provides a

  9  structured, live-in environment within a nonhospital setting

10  on a 24-hours-a-day, 7-days-a-week basis, and includes

11  treatment and, rehabilitation provided either onsite or at an

12  alternative location, including at a residential facility that

13  provides room and board but is tax exempt under s.

14  212.08(7)(i), and transitional care. If treatment and

15  rehabilitation are provided at an alternative location,

16  licensing and regulatory requirements apply to both the

17  housing and service components.

18         (d)  Day and night treatment, which provides a

19  nonresidential environment with a structured schedule of

20  treatment and rehabilitation services.

21         (e)  Outpatient treatment, which provides individual,

22  group, or family counseling for clients by appointment during

23  scheduled operating hours, with an emphasis on assessment and

24  treatment.

25         (f)  Medication and methadone maintenance treatment

26  that uses methadone or other medication as authorized by state

27  and federal law, in conjunction with medical, rehabilitative,

28  and counseling services in the treatment of clients who are

29  dependent upon opioid drugs.

30         (g)  Prevention, which is a process involving

31  strategies aimed at the individual, the environment, or the

                                  3

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






    Florida House of Representatives - 2002                 HB 545

    571-188-02






  1  substance, which strategies preclude, forestall, or impede the

  2  development of substance abuse problems and promote

  3  responsible personal and social growth of individuals and

  4  families toward full human potential.

  5         (h)  Intervention, which consists of structured

  6  services targeted toward individuals or groups at risk and

  7  focused on reducing those factors associated with the onset or

  8  the early stages of substance abuse, and related problems.

  9         (27)(28)  "Service provider" or "provider" means a

10  public agency, a private for-profit or not-for-profit agency,

11  a person who is a private practitioner, or a hospital, which

12  agency, person, or hospital is licensed under this chapter or

13  exempt from licensure under this chapter.

14         (28)(29)  "Service provider personnel" or "personnel"

15  includes all owners, directors, managers, staff, and

16  volunteers, including foster parents, of a service provider.

17         Section 2.  Subsection (1) of section 397.403, Florida

18  Statutes, is amended to read:

19         397.403  License application.--

20         (1)  Applicants for a license under this chapter must

21  apply to the department on forms provided by the department

22  and in accordance with rules adopted by the department.

23  Applications must include at a minimum:

24         (a)  Information establishing the name and address of

25  the applicant service provider and its director, and also of

26  each member, owner, officer, and shareholder, if any.

27         (b)  Information establishing the competency and

28  ability of the applicant service provider and its director to

29  carry out the requirements of this chapter.

30         (c)  Proof satisfactory to the department of the

31  applicant service provider's financial ability and

                                  4

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






    Florida House of Representatives - 2002                 HB 545

    571-188-02






  1  organizational capability to operate in accordance with this

  2  chapter.

  3         (d)  Proof of liability insurance coverage in amounts

  4  set by the department by rule.

  5         (e)  Sufficient information to conduct background

  6  screening as provided under s. 397.451 Personnel fingerprints

  7  for background checks as required by this chapter.

  8         1.  If the results of the level 2 background screening

  9  indicate that any owner, director, or manager has been found

10  guilty of, regardless of adjudication, or has entered a plea

11  of nolo contendere or guilty to, any offense prohibited under

12  the level 2 screening standard, a license shall not be issued

13  to the applicant service provider unless an exemption from

14  disqualification has been granted by the department as set

15  forth in chapter 435. The owner, director, or manager shall

16  have 90 days to obtain the required exemption, during which

17  time the applicant's license shall remain in effect.

18         2.  If any owner, director, or manager is found guilty

19  of, regardless of adjudication, or has entered a plea of nolo

20  contendere or guilty to, any offense prohibited under the

21  level 2 screening standard while acting in that capacity, the

22  provider shall immediately remove the person from that

23  position and shall notify the department within 2 days,

24  excluding weekends and holidays, after such removal. Failure

25  to remove the owner, director, or manager shall result in

26  revocation of the provider's license.

27         (f)  Proof of satisfactory fire, safety, and health

28  inspections and compliance with local zoning ordinances and

29  other requirements of local government that are not

30  inconsistent with state law.

31

                                  5

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






    Florida House of Representatives - 2002                 HB 545

    571-188-02






  1         (g)  A comprehensive outline of the proposed services

  2  for:

  3         1.  Any new applicant; or

  4         2.  Any licensed service provider adding a new

  5  licensable service component.

  6         Section 3.  Section 397.405, Florida Statutes, is

  7  amended to read:

  8         397.405  Exemptions from licensure.--The following are

  9  exempt from the licensing provisions of this chapter:

10         (1)  A hospital or hospital-based component licensed

11  under chapter 395.

12         (2)  A nursing home facility as defined in s. 400.021.

13         (3)  A substance abuse education program established

14  pursuant to s. 233.061.

15         (4)  A facility or institution operated by the Federal

16  Government.

17         (5)  A physician licensed under chapter 458 or chapter

18  459.

19         (6)  A psychologist licensed under chapter 490.

20         (7)  A social worker, marriage and family therapist, or

21  mental health counselor licensed under chapter 491.

22         (8)  An established and legally cognizable church or

23  nonprofit religious organization or, denomination, or sect

24  providing substance abuse services, including prevention

25  services, which are exclusively religious, spiritual, or

26  ecclesiastical in nature.  A church or nonprofit religious

27  organization or, denomination, or sect providing any of the

28  licensable service components itemized under s.

29  397.311(18)(19) is not exempt for purposes of its provision of

30  such licensable service components but retains its exemption

31

                                  6

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






    Florida House of Representatives - 2002                 HB 545

    571-188-02






  1  with respect to all services which are exclusively religious,

  2  spiritual, or ecclesiastical in nature.

  3         (9)  Facilities licensed under s. 393.063(8) that, in

  4  addition to providing services to persons who are

  5  developmentally disabled as defined therein, also provide

  6  services to persons developmentally at risk as a consequence

  7  of exposure to alcohol or other legal or illegal drugs while

  8  in utero.

  9         (10)  DUI education and screening services provided

10  required to be attended pursuant to ss. 316.192, 316.193,

11  322.095, 322.271, and 322.291 are exempt from licensure under

12  this chapter.  Persons or entities providing treatment

13  services programs must continue to be licensed under this

14  chapter unless exempt from licensure as provided in this

15  section.

16

17  The exemptions from licensure in this section do not apply to

18  any service provider facility or entity which receives an

19  appropriation, grant, or contract from the state to operate as

20  a service provider as defined in this chapter or to any

21  substance abuse program regulated pursuant to s. 397.406.

22  Further, No provision of this chapter shall not be construed

23  to limit the practice of a physician licensed under chapter

24  458 or chapter 459, a psychologist licensed under chapter 490,

25  or a psychotherapist licensed under chapter 491, providing

26  outpatient or inpatient substance abuse treatment to a

27  voluntary patient, so long as the physician, psychologist, or

28  psychotherapist does not represent to the public that he or

29  she is a licensed service provider and does not provide

30  services to clients pursuant to part V under this act. Failure

31  to comply with any requirement necessary to maintain an exempt

                                  7

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






    Florida House of Representatives - 2002                 HB 545

    571-188-02






  1  status under this section is a misdemeanor of the first

  2  degree, punishable as provided in s. 775.082 or s. 775.083.

  3         Section 4.  Subsection (1) of section 397.407, Florida

  4  Statutes, is amended to read:

  5         397.407  Licensure fees.--

  6         (1)  The department shall establish licensure fees by

  7  rule.  The rule must prescribe a fee range that is based, at

  8  least in part, on the number and complexity of programs listed

  9  in s. 397.311(18)(19) which are operated by a licensee.  The

10  fee range must be implemented over a 5-year period.  The fee

11  schedule for licensure of service components must be increased

12  annually in substantially equal increments so that, by July 1,

13  1998, the fees from the licensure of service components are

14  sufficient to cover at least 50 percent of the costs of

15  regulating the service components.  The department shall

16  specify by rule a fee range and phase-in plan for privately

17  funded licensed service providers and a fee range and phase-in

18  plan for publicly funded licensed service providers.  Fees for

19  privately funded licensed service providers must exceed the

20  fees for publicly funded licensed service providers.  The

21  first year phase-in licensure fees must be at least $150 per

22  initial license. The rule must provide for a reduction in

23  licensure fees for licensed service providers who hold more

24  than one license.

25         Section 5.  Subsection (2) of section 397.416, Florida

26  Statutes, is amended to read:

27         397.416  Substance abuse treatment services; qualified

28  professional.--

29         (2)  Notwithstanding any other provision of law, a

30  person who was certified through a certification process

31  recognized by the former Department of Health and

                                  8

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






    Florida House of Representatives - 2002                 HB 545

    571-188-02






  1  Rehabilitative Services before January 1, 1995, may perform

  2  the duties of a qualified professional with respect to

  3  substance abuse treatment services as defined in this chapter,

  4  and need not meet the certification requirements contained in

  5  s. 397.311(24)(25).

  6         Section 6.  Section 397.451, Florida Statutes, is

  7  amended to read:

  8         397.451  Background checks of service provider

  9  personnel who have direct contact with unmarried minor clients

10  or clients who are developmentally disabled.--

11         (1)  PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND

12  EXCEPTIONS.--

13         (a)  All owners, directors, and managers of service

14  providers, and all service provider personnel who have direct

15  contact with children or adults receiving services, unmarried

16  clients under the age of 18 years or with clients who are

17  developmentally disabled are subject to level 2 background

18  screening, as provided under chapter 435 background checks,

19  except as otherwise provided in this section.

20         (b)  Students in the health care professions who are

21  interning under the actual physical presence supervision of a

22  licensed health care professional in a service provider

23  licensed under chapter 395, where the primary purpose of the

24  service provider is not the treatment of unmarried minors or

25  of persons who are developmentally disabled, are exempt from

26  the fingerprinting and background check requirements.

27         (c)  Personnel working in a service provider licensed

28  under chapter 395 who have less than 15 hours per week of

29  direct contact with unmarried minors or with persons who are

30  developmentally disabled, or personnel who are health care

31  professionals licensed by the Department of Business and

                                  9

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






    Florida House of Representatives - 2002                 HB 545

    571-188-02






  1  Professional Regulation or a board thereunder who are not

  2  employed in a service provider where the primary purpose is

  3  the treatment of unmarried minors or of persons who are

  4  developmentally disabled are exempt from the fingerprinting

  5  and background check requirements.

  6         (b)(d)  Members of a foster family and persons residing

  7  with the foster family who are between 12 and 18 years of age

  8  are not required to be fingerprinted but must have their

  9  backgrounds checked for delinquency records. Members of the

10  foster family and persons residing with the foster family over

11  18 years of age are subject to full background checks.

12         (c)(e)  A volunteer who assists on an intermittent

13  basis for fewer than 20 40 hours per month and is under direct

14  and constant supervision by persons who meet all personnel

15  requirements of this chapter is exempt from fingerprinting and

16  background check requirements.

17         (d)(f)  Service providers that are exempt from

18  licensing provisions of this chapter are exempt from personnel

19  fingerprinting and background check requirements, except as

20  otherwise provided in this section.  A church or nonprofit

21  religious organization exempt from licensure under this

22  chapter is required to comply with personnel fingerprinting

23  and background check requirements.

24         (e)(g)  Personnel employed by the Department of

25  Corrections in a substance abuse service component who have

26  direct contact with unmarried inmates under the age of 18 or

27  with inmates who are developmentally disabled are exempt from

28  the fingerprinting and background check requirements of this

29  section.

30         (2)  EMPLOYMENT HISTORY CHECKS; CHECKS OF

31  REFERENCES.--The department shall assess employment history

                                  10

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






    Florida House of Representatives - 2002                 HB 545

    571-188-02






  1  checks and checks of references for all owners, directors, and

  2  managers, and the directors shall assess employment history

  3  checks and checks of references for each employee who has

  4  direct contact with children or adults receiving services

  5  unmarried clients under the age of 18 years or with clients

  6  who are developmentally disabled.

  7         (3)  MINIMUM BACKGROUND CHECK STANDARDS.--The

  8  department shall require employment screening pursuant to

  9  chapter 435, using level 2 standards for screening set forth

10  in that chapter, of service provider personnel who have direct

11  contact with unmarried clients under the age of 18 years or

12  with clients who are developmentally disabled.

13         (3)(4)  PERSONNEL EXEMPT FROM BEING REFINGERPRINTED OR

14  RECHECKED.--

15         (a)  Service provider personnel who have direct contact

16  with children or adults receiving services as described under

17  s. 397.451 and who have been fingerprinted or had their

18  backgrounds checked pursuant to chapter 393, chapter 394,

19  chapter 402, or chapter 409, or this section, and teachers who

20  have been fingerprinted pursuant to chapter 231, who have not

21  been unemployed for more than 90 days thereafter, and who,

22  under the penalty of perjury, attest to the completion of such

23  fingerprinting or background checks and to compliance with the

24  provisions of this section and the standards contained in

25  chapter 435 and this section, are not required to be

26  refingerprinted or rechecked in order to comply with service

27  provider personnel fingerprinting or background check

28  requirements.

29         (b)  Service provider owners, directors, or managers

30  not covered by paragraph (a) who provide proof of compliance

31  with the level 2 background screening requirements which has

                                  11

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






    Florida House of Representatives - 2002                 HB 545

    571-188-02






  1  been submitted within the previous 5 years in compliance with

  2  any other state health care licensure requirements are not

  3  required to be refingerprinted or rechecked.

  4         (4)(5)  EXEMPTIONS FROM DISQUALIFICATION.--

  5         (a)  The department may grant to any service provider

  6  personnel an exemption from disqualification from working with

  7  children or the developmentally disabled as provided in s.

  8  435.07.

  9         (b)  Since rehabilitated substance abuse impaired

10  persons are effective in the successful treatment and

11  rehabilitation of substance abuse impaired adolescents, for

12  service providers which treat adolescents 13 years of age and

13  older, service provider personnel whose background checks

14  indicate crimes under s. 817.563, s. 893.13, or s.  893.147

15  may be exempted from disqualification from employment pursuant

16  to this paragraph, provided the person has not used such

17  substances in the 2 years immediately preceding employment.

18         (5)(6)  PAYMENT FOR PROCESSING OF FINGERPRINTS AND

19  STATE CRIMINAL RECORDS CHECKS.--The employing service provider

20  or the personnel who are having their backgrounds checked are

21  responsible for paying the costs of processing fingerprints

22  and criminal records checks.

23         (6)(7)  DISQUALIFICATION FROM RECEIVING STATE

24  FUNDS.--State funds may not be disseminated to any service

25  provider owned or operated by an owner, or director, or

26  manager who has been convicted of, has entered a plea of

27  guilty or nolo contendere to, or has had adjudication withheld

28  for, a violation of s. 893.135 pertaining to trafficking in

29  controlled substances, or a violation of the law of another

30  state, the District of Columbia, the United States or any

31  possession or territory thereof, or any foreign jurisdiction

                                  12

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






    Florida House of Representatives - 2002                 HB 545

    571-188-02






  1  which is substantially similar in elements and penalties to a

  2  trafficking offense in this state, unless the owner's or

  3  director's civil rights have been restored.

  4         Section 7.  Paragraphs (d) and (g) of subsection (1) of

  5  section 440.102, Florida Statutes, are amended to read:

  6         440.102  Drug-free workplace program requirements.--The

  7  following provisions apply to a drug-free workplace program

  8  implemented pursuant to law or to rules adopted by the Agency

  9  for Health Care Administration:

10         (1)  DEFINITIONS.--Except where the context otherwise

11  requires, as used in this act:

12         (d)  "Drug rehabilitation program" means a service

13  provider, established pursuant to s. 397.311(27)(28), that

14  provides confidential, timely, and expert identification,

15  assessment, and resolution of employee drug abuse.

16         (g)  "Employee assistance program" means an established

17  program capable of providing expert assessment of employee

18  personal concerns; confidential and timely identification

19  services with regard to employee drug abuse; referrals of

20  employees for appropriate diagnosis, treatment, and

21  assistance; and followup services for employees who

22  participate in the program or require monitoring after

23  returning to work. If, in addition to the above activities, an

24  employee assistance program provides diagnostic and treatment

25  services, these services shall in all cases be provided by

26  service providers pursuant to s. 397.311(27)(28).

27         Section 8.  Paragraph (e) of subsection (5) of section

28  212.055, Florida Statutes, is amended to read:

29         212.055  Discretionary sales surtaxes; legislative

30  intent; authorization and use of proceeds.--It is the

31  legislative intent that any authorization for imposition of a

                                  13

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






    Florida House of Representatives - 2002                 HB 545

    571-188-02






  1  discretionary sales surtax shall be published in the Florida

  2  Statutes as a subsection of this section, irrespective of the

  3  duration of the levy.  Each enactment shall specify the types

  4  of counties authorized to levy; the rate or rates which may be

  5  imposed; the maximum length of time the surtax may be imposed,

  6  if any; the procedure which must be followed to secure voter

  7  approval, if required; the purpose for which the proceeds may

  8  be expended; and such other requirements as the Legislature

  9  may provide.  Taxable transactions and administrative

10  procedures shall be as provided in s. 212.054.

11         (5)  COUNTY PUBLIC HOSPITAL SURTAX.--Any county as

12  defined in s. 125.011(1) may levy the surtax authorized in

13  this subsection pursuant to an ordinance either approved by

14  extraordinary vote of the county commission or conditioned to

15  take effect only upon approval by a majority vote of the

16  electors of the county voting in a referendum.  In a county as

17  defined in s. 125.011(1), for the purposes of this subsection,

18  "county public general hospital" means a general hospital as

19  defined in s. 395.002 which is owned, operated, maintained, or

20  governed by the county or its agency, authority, or public

21  health trust.

22         (e)  A governing board, agency, or authority shall be

23  chartered by the county commission upon this act becoming law.

24  The governing board, agency, or authority shall adopt and

25  implement a health care plan for indigent health care

26  services.  The governing board, agency, or authority shall

27  consist of no more than seven and no fewer than five members

28  appointed by the county commission.  The members of the

29  governing board, agency, or authority shall be at least 18

30  years of age and residents of the county.  No member may be

31  employed by or affiliated with a health care provider or the

                                  14

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






    Florida House of Representatives - 2002                 HB 545

    571-188-02






  1  public health trust, agency, or authority responsible for the

  2  county public general hospital. The following community

  3  organizations shall each appoint a representative to a

  4  nominating committee:  the South Florida Hospital and

  5  Healthcare Association, the Miami-Dade County Public Health

  6  Trust, the Dade County Medical Association, the Miami-Dade

  7  County Homeless Trust, and the Mayor of Miami-Dade County.

  8  This committee shall nominate between 10 and 14 county

  9  citizens for the governing board, agency, or authority.  The

10  slate shall be presented to the county commission and the

11  county commission shall confirm the top five to seven

12  nominees, depending on the size of the governing board.  Until

13  such time as the governing board, agency, or authority is

14  created, the funds provided for in subparagraph (d)2. shall be

15  placed in a restricted account set aside from other county

16  funds and not disbursed by the county for any other purpose.

17         1.  The plan shall divide the county into a minimum of

18  four and maximum of six service areas, with no more than one

19  participant hospital per service area. The county public

20  general hospital shall be designated as the provider for one

21  of the service areas.  Services shall be provided through

22  participants' primary acute care facilities.

23         2.  The plan and subsequent amendments to it shall fund

24  a defined range of health care services for both indigent

25  persons and the medically poor, including primary care,

26  preventive care, hospital emergency room care, and hospital

27  care necessary to stabilize the patient. For the purposes of

28  this section, "stabilization" means stabilization as defined

29  in s. 397.311(29)(30). Where consistent with these objectives,

30  the plan may include services rendered by physicians, clinics,

31  community hospitals, and alternative delivery sites, as well

                                  15

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






    Florida House of Representatives - 2002                 HB 545

    571-188-02






  1  as at least one regional referral hospital per service area.

  2  The plan shall provide that agreements negotiated between the

  3  governing board, agency, or authority and providers shall

  4  recognize hospitals that render a disproportionate share of

  5  indigent care, provide other incentives to promote the

  6  delivery of charity care to draw down federal funds where

  7  appropriate, and require cost containment, including, but not

  8  limited to, case management. From the funds specified in

  9  subparagraphs (d)1. and 2. for indigent health care services,

10  service providers shall receive reimbursement at a Medicaid

11  rate to be determined by the governing board, agency, or

12  authority created pursuant to this paragraph for the initial

13  emergency room visit, and a per-member per-month fee or

14  capitation for those members enrolled in their service area,

15  as compensation for the services rendered following the

16  initial emergency visit. Except for provisions of emergency

17  services, upon determination of eligibility, enrollment shall

18  be deemed to have occurred at the time services were rendered.

19  The provisions for specific reimbursement of emergency

20  services shall be repealed on July 1, 2001, unless otherwise

21  reenacted by the Legislature. The capitation amount or rate

22  shall be determined prior to program implementation by an

23  independent actuarial consultant. In no event shall such

24  reimbursement rates exceed the Medicaid rate. The plan must

25  also provide that any hospitals owned and operated by

26  government entities on or after the effective date of this act

27  must, as a condition of receiving funds under this subsection,

28  afford public access equal to that provided under s. 286.011

29  as to any meeting of the governing board, agency, or authority

30  the subject of which is budgeting resources for the retention

31  of charity care, as that term is defined in the rules of the

                                  16

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






    Florida House of Representatives - 2002                 HB 545

    571-188-02






  1  Agency for Health Care Administration. The plan shall also

  2  include innovative health care programs that provide

  3  cost-effective alternatives to traditional methods of service

  4  and delivery funding.

  5         3.  The plan's benefits shall be made available to all

  6  county residents currently eligible to receive health care

  7  services as indigents or medically poor as defined in

  8  paragraph (4)(d).

  9         4.  Eligible residents who participate in the health

10  care plan shall receive coverage for a period of 12 months or

11  the period extending from the time of enrollment to the end of

12  the current fiscal year, per enrollment period, whichever is

13  less.

14         5.  At the end of each fiscal year, the governing

15  board, agency, or authority shall prepare an audit that

16  reviews the budget of the plan, delivery of services, and

17  quality of services, and makes recommendations to increase the

18  plan's efficiency.  The audit shall take into account

19  participant hospital satisfaction with the plan and assess the

20  amount of poststabilization patient transfers requested, and

21  accepted or denied, by the county public general hospital.

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

23

24

25

26

27

28

29

30

31

                                  17

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






    Florida House of Representatives - 2002                 HB 545

    571-188-02






  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises definitions, licensure application requirements,
  4    and exemptions from licensure relating to substance abuse
      service providers. Revises personnel for whom background
  5    screening is required, to include owners, directors, and
      managers of service providers, provider personnel who
  6    have direct contact with children or adults receiving
      services, and volunteers providing assistance for 20 or
  7    more hours per month. Provides procedures for the grant
      of exemption from disqualification for an owner,
  8    director, or manager who has committed a screenable
      offense or for the removal of such person from his or her
  9    position with the service provider. Requires a
      rehabilitated substance abuser to be substance-abuse free
10    for 2 years prior to receiving an exemption from
      disqualification for employment with a service provider
11    treating adolescents.

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  18

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