Senate Bill sb1114

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    Florida Senate - 2003                                  SB 1114

    By Senator Saunders





    37-598-03

  1                      A bill to be entitled

  2         An act relating to substance abuse and mental

  3         health services; amending s. 394.741, F.S.;

  4         amending accreditation requirements for

  5         providers of behavioral health care services;

  6         requiring the Department of Children and Family

  7         Services and the Agency for Health Care

  8         Administration to follow only properly adopted

  9         and applicable statutes and rules in monitoring

10         contracted providers; requiring the department

11         to file a State Project Compliance Supplement;

12         providing an effective date.

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

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16         Section 1.  Section 394.741, Florida Statutes, is

17  amended to read:

18         394.741  Accreditation requirements for providers of

19  behavioral health care services.--

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

21  health care services" means mental health and substance abuse

22  treatment services.

23         (2)  Notwithstanding any provision of law to the

24  contrary, accreditation shall be accepted by the agency and

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

26  licensure onsite review requirements and shall be accepted as

27  a substitute for the department's administrative and program

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

29  and (4), for:

30         (a)  Any organization from which the department

31  purchases behavioral health care services that is accredited

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    Florida Senate - 2003                                  SB 1114
    37-598-03




  1  by the Joint Commission on Accreditation of Healthcare

  2  Organizations or the Council on Accreditation for Children and

  3  Family Services, or has those services that are being

  4  purchased by the department accredited by CARF--the

  5  Rehabilitation Accreditation Commission.

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

  7  or any substance abuse component licensed by the department

  8  that is accredited by the Joint Commission on Accreditation of

  9  Healthcare Organizations, CARF--the Rehabilitation

10  Accreditation Commission, or the Council on Accreditation of

11  Children and Family Services.

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

13  or the agency purchases behavioral health care services

14  accredited by the Joint Commission on Accreditation of

15  Healthcare Organizations, CARF--the Rehabilitation

16  Accreditation Commission, the Council on Accreditation of

17  Children and Family Services, or the National Committee for

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

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

20  part.

21         (3)  For organizations accredited as set forth in

22  subsection (2), before the department or the agency conducts

23  additional monitoring for mental health services, the

24  department and the agency must adopt rules mental health

25  services, the department and the agency may adopt rules that

26  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

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    Florida Senate - 2003                                  SB 1114
    37-598-03




  1  standards and processes already covered by the accrediting

  2  bodies.

  3         (b)  An onsite monitoring process between 24 months and

  4  36 months after accreditation for nonresidential facilities to

  5  assure that accredited organizations exempt from licensing and

  6  monitoring activities under this part continue to comply with

  7  critical standards.

  8         (c)  An onsite monitoring process between 12 months and

  9  24 months after accreditation for residential facilities to

10  assure that accredited organizations exempt from licensing and

11  monitoring activities under this part continue to comply with

12  critical standards.

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

14  conduct full licensure inspections every 3 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 monitor for the purpose of ensuring that

30  services that have been billed to the department were provided

31  perform inspections at any time, including contract monitoring

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    Florida Senate - 2003                                  SB 1114
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  1  to ensure that deliverables are provided in accordance with

  2  the contract.

  3         (7)  For purposes of licensure and monitoring of

  4  facilities under contract with the department, the department

  5  shall rely only upon properly adopted and applicable federal

  6  and state statutes and rules.

  7         (8)  The department shall file a State Projects

  8  Compliance Supplement pursuant to s. 215.97 for behavioral

  9  health care services. In monitoring the financial operations

10  of its contractors, the department shall perform an offsite

11  desk review of its contractors' most recent independent audit

12  by a certified public accountant and may conduct onsite

13  monitoring only of problems identified by these audits.

14         (9)(7)  The department and the agency shall report to

15  the Legislature by January 1, 2003, on the viability of

16  mandating all organizations under contract with the department

17  for the provision of behavioral health care services, or

18  licensed by the agency or department to be accredited. The

19  department and the agency shall also report to the Legislature

20  by January 1, 2003, on the viability of privatizing all

21  licensure and monitoring functions through an accrediting

22  organization.

23         (10)(8)  The accreditation requirements of this section

24  shall apply to contracted organizations that are already

25  accredited immediately upon becoming law.

26         Section 2.  This act shall take effect upon becoming a

27  law.

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    Florida Senate - 2003                                  SB 1114
    37-598-03




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  2                          SENATE SUMMARY

  3    Amends accreditation requirements for providers of
      behavioral health care services. Requires the Department
  4    of Children and Family Services and the Agency for Health
      Care Administration to follow only properly adopted and
  5    applicable statutes and rules in monitoring contracted
      providers. Requires the department to file a State
  6    Project Compliance Supplement.

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