House Bill hb0821c1

    Florida House of Representatives - 2002              CS/HB 821

        By the Council for Healthy Communities and Representatives
    Bean, Paul and Sobel





  1                      A bill to be entitled

  2         An act relating to substance abuse and mental

  3         health programs; amending s. 394.4574, F.S.;

  4         requiring publicly announced meetings for input

  5         from assisted living facilities that hold

  6         limited mental health licenses; providing for

  7         annual review of district plans; amending s.

  8         394.74, F.S.; authorizing the Department of

  9         Children and Family Services to use case rates

10         or per capita contracts in contracting for the

11         provision of services for local substance abuse

12         and mental health programs; specifying

13         additional requirements relating to such

14         contracts; providing an effective date.

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

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18         Section 1.  Subsection (3) of section 394.4574, Florida

19  Statutes, is amended to read:

20         394.4574  Department responsibilities for a mental

21  health resident who resides in an assisted living facility

22  that holds a limited mental health license.--

23         (3)  The Secretary of Children and Family Services, in

24  consultation with the Agency for Health Care Administration,

25  shall annually require each district administrator to develop,

26  with community input, detailed plans that demonstrate how the

27  district will ensure the provision of state-funded mental

28  health and substance abuse treatment services to residents of

29  assisted living facilities that hold a limited mental health

30  license. Each district shall hold a publicly announced meeting

31  for input from assisted living facilities that hold a limited

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    Florida House of Representatives - 2002              CS/HB 821

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  1  mental health license.  The district shall record minutes of

  2  the meeting. These plans must be consistent with the substance

  3  abuse and mental health district plan developed pursuant to s.

  4  394.75 and must address case management services; access to

  5  consumer-operated drop-in centers; access to services during

  6  evenings, weekends, and holidays; supervision of the clinical

  7  needs of the residents; and access to emergency psychiatric

  8  care. The state headquarters office shall hold an annual

  9  meeting to review the district plans and shall invite the

10  Florida Assisted Living Association, the Florida Council for

11  Behavioral Health Care, the Florida Mental Health Counselors

12  Association, the Florida Psychiatric Society, and the Alliance

13  for the Mentally Ill.

14         Section 2.  Subsection (2) of section 394.74, Florida

15  Statutes, is amended, subsections (4) and (5) are renumbered

16  as subsections (5) and (6), respectively, and a new subsection

17  (4) is added to said section, to read:

18         394.74  Contracts for provision of local substance

19  abuse and mental health programs.--

20         (2)(a)  Contracts for service shall be consistent with

21  the approved district plan.

22         (b)  Notwithstanding s. 394.76(3)(a) and (c), the

23  department may use unit cost methods of payment in contracts

24  for purchasing mental health and substance abuse services. The

25  unit cost contracting system must account for those patient

26  fees that are paid on behalf of a specific client and those

27  that are earned and used by the provider for those services

28  funded in whole or in part by the department.

29         (c)  The department may reimburse actual expenditures

30  for startup contracts and fixed capital outlay contracts in

31  accordance with contract specifications. The department is

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    Florida House of Representatives - 2002              CS/HB 821

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  1  authorized to use case rates or per capita contracts. The

  2  contract provider must report persons served and services

  3  provided.

  4         (4)  Within existing statewide or district resources,

  5  the department shall:

  6         (a)  Require that contract funds support individual

  7  client treatment or service plans and clinical status.

  8         (b)  Develop proposed eligibility criteria and

  9  associated benefits packages as a part of the 2004 state

10  master plan submitted pursuant to s. 394.75.

11         (c)  Promote the use of electronic formats for contract

12  materials, including electronic signatures.

13         (d)  Promote the use of web-enabled application

14  software products to simplify and expedite contract data

15  collection and billing.

16         (e)  Ensure consumer choice among providers as provider

17  networks are created pursuant to s. 394.9082.

18         Section 3.  This act shall take effect July 1, 2002.

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