Senate Bill sb2894

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    Florida Senate - 2004                                  SB 2894

    By Senator Webster





    9-1683A-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to mental health and vocational

  3         rehabilitation services; creating part VI of

  4         chapter 394, F.S., relating to self-directed

  5         and family-directed mental health and

  6         vocational rehabilitation services for adults

  7         and piloting family-directed mental health

  8         treatment and support services for certain

  9         children; providing a popular name; providing

10         legislative intent; providing definitions;

11         providing a program for self-directed mental

12         health and vocational rehabilitation services

13         for adults; providing eligibility and other

14         program requirements; providing for statewide

15         and local advisory councils; providing

16         authority to request certain federal waivers

17         and to request and use certain grants;

18         providing for transfer of certain funds;

19         providing for ongoing review and reports;

20         providing rulemaking authority; providing for a

21         pilot program for family-directed mental health

22         treatment and support services for certain

23         children based on the self-directed care

24         program for adults; providing eligibility and

25         other pilot program requirements; providing

26         background screening requirements; providing

27         rulemaking authority; providing for annual

28         reports; providing for future repeal of the

29         pilot program; repealing s. 394.9084, F.S.,

30         relating to the pilot project for

31  

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    Florida Senate - 2004                                  SB 2894
    9-1683A-04                                              See HB




 1         client-directed and choice-based adult mental

 2         health services; providing an effective date.

 3  

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

 5  

 6         Section 1.  Part VI of chapter 394, Florida Statutes,

 7  consisting of sections 394.9501 and 394.9503, is created to

 8  read:

 9                             PART VI

10         SELF-DIRECTED AND FAMILY-DIRECTED MENTAL HEALTH

11              AND VOCATIONAL REHABILITATION SERVICES

12         394.9501  Self-directed mental health and vocational

13  rehabilitation services.--

14         (1)  POPULAR NAME.--This section may be cited by the

15  popular name the "Florida Self-Directed Care (FloridaSDC)

16  Act."

17         (2)  LEGISLATIVE INTENT.--The Legislature embraces the

18  grassroots philosophy of the self-directed care pilot for

19  adults with psychiatric disabilities in Northeast Florida and

20  supports this intent. The Legislature finds that the intent is

21  to give individuals with psychiatric disabilities the

22  opportunity to select the providers and services that the

23  individual deems necessary to achieve recovery from a mental

24  illness. The Legislature finds that this intent is

25  accomplished through the creation of a specific mechanism for

26  providing needed services for adults with serious and

27  persistent mental illnesses and children with or at risk for

28  emotional disturbances. The Legislature finds that this

29  opportunity is based upon well-established models of

30  self-determination for other populations of individuals with

31  disabilities. It is the intent of the Legislature to provide

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    Florida Senate - 2004                                  SB 2894
    9-1683A-04                                              See HB




 1  adults with serious and persistent mental illnesses and

 2  children with or at risk for emotional disturbances and their

 3  families enrolled in self-directed care a wide range of

 4  choices in and control over the purchased mental health care

 5  and vocational rehabilitation services they receive.

 6         (3)  DEFINITIONS.--As used in this section, the term:

 7         (a)  "Agency" means the Agency for Health Care

 8  Administration.

 9         (b)  "Budget allowance" means the amount of funds made

10  available to a fiscal intermediary on behalf of a participant

11  to purchase needed mental health treatment, rehabilitation and

12  enrichment, and vocational rehabilitation services, based on

13  the results of a needs assessment.

14         (c)  "Department" means the Department of Children and

15  Family Services.

16         (d)  "Division" means the Division of Vocational

17  Rehabilitation of the Department of Education.

18         (e)  "Fiscal intermediary" means an entity approved by

19  the department that helps the participant manage his or her

20  budget allowances.

21         (f)  "Freedom account" means an account under which the

22  Social Security Administration would permit supplemental

23  security income (SSI) eligible individuals to save funds that

24  will assist them in achieving independence by reaching their

25  educational and vocational goals.

26         (g)  "Participant" means a person who has chosen to

27  participate in the program, who has met the enrollment

28  requirements, and who has received approved budget allowances.

29         (h)  "Provider" means a person or organization licensed

30  or otherwise permitted to render services eligible for

31  

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    Florida Senate - 2004                                  SB 2894
    9-1683A-04                                              See HB




 1  reimbursement under this program for which the participant is

 2  not the employer of record.

 3         (i)  "Quality advocate" means licensed professional

 4  clinical staff who manage the delivery of direct participant

 5  services.

 6         (j)  "Recovery coach" means an individual who provides

 7  technical assistance to participants in meeting their

 8  responsibilities under this section.

 9         (k)  "Self-determination" refers to a fiscal mechanism

10  that provides the individual an opportunity for freedom of

11  choice in determining the providers and services necessary for

12  recovery from a psychiatric disability or an emotional

13  disturbance.

14         (4)  SELF-DIRECTED CARE.--

15         (a)  Program established.--The department shall

16  establish the self-directed care (FloridaSDC) program for

17  adults, which shall be based on the principles of participant

18  choice and control. The department shall establish interagency

19  cooperative agreements with and shall work with the agency,

20  the division, and the Social Security Administration to

21  implement and administer the FloridaSDC program. The

22  FloridaSDC program shall provide enrolled persons the

23  opportunity to choose the providers of services and to direct

24  the delivery of services to best meet their mental health care

25  and vocational rehabilitation needs. The department shall

26  operate the direct services portion of the FloridaSDC program

27  within the funds appropriated by the Legislature for direct

28  services and other funds obtained through the agency,

29  division, and department. Any expansion of the FloridaSDC

30  program beyond enrollment levels in state fiscal year

31  2003-2004 is contingent upon appropriations for administrative

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    Florida Senate - 2004                                  SB 2894
    9-1683A-04                                              See HB




 1  costs incurred by participating state agencies and for

 2  increased fiscal intermediary capacity. Funds for the

 3  operation of the fiscal intermediary shall not be paid from

 4  appropriations specified for direct participant services. The

 5  FloridaSDC program shall consist of four subcomponents.

 6  Participants may participate in any subcomponent for which

 7  they are eligible. At a minimum, a participant must choose to

 8  participate in one of the following subcomponents:

 9         1.  Department mental health.--This subcomponent

10  includes participant access to an allowance equal to community

11  mental health outpatient services, community support services,

12  and case management services. Self-directed care services

13  exclude Florida Assertive Community Treatment (FACT) services,

14  only for adults; residential services; and emergency

15  stabilization services, including crisis stabilization units,

16  short-term residential treatment, and inpatient services.

17         2.  Agency mental health.--Under this subcomponent the

18  agency shall apply for a waiver of s. 1115 of the Social

19  Security Act, 42 U.S.C. s. 1315, to use Medicaid funds for

20  self-directed mental health care. Services included in the

21  budget allowance are those contained in the Medicaid Community

22  Mental Health Services and Mental Health Targeted Case

23  Management Services handbooks. Participants enrolled in this

24  subcomponent shall be excluded from enrollment in any program

25  that prepays Medicaid Community Mental Health or Mental Health

26  Targeted Case Management benefits or to access such benefits

27  under a fee-for-service program.

28         3.  Vocational rehabilitation.--Under this subcomponent

29  participation is contingent upon federal legislation allowing

30  for a demonstration program that will permit vocational

31  rehabilitation funds to flow through the fiscal intermediary.

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    Florida Senate - 2004                                  SB 2894
    9-1683A-04                                              See HB




 1         4.  Social Security Administration.--Under this

 2  subcomponent the department shall apply, under s. 1110(b) of

 3  the Social Security Act, to conduct a demonstration that shall

 4  test whether the modification of certain SSI program rules

 5  fosters greater self-sufficiency among SSI beneficiaries

 6  participating in the FloridaSDC program.

 7         (b)  Eligibility and enrollment.--

 8         1.  The people who shall be the focus of the FloridaSDC

 9  program are adults with severe and persistent mental illness.

10  An adult with a severe and persistent mental illness means a

11  person who is age 18 or older, who has a diagnosis or

12  diagnostic impression of an Axis I or Axis II mental disorder,

13  and who meets one of the following criteria:

14         a.  Receives supplemental security income (SSI) due to

15  psychiatric disability.

16         b.  Receives social security disability income (SSDI)

17  due to psychiatric disability.

18         c.  Receives disabled veterans income due to

19  psychiatric disability.

20         d.  Receives any other type of disability income due to

21  psychiatric disability.

22         e.  Receives social security income (SSI) for reasons

23  other than psychiatric disability and does not need, is unable

24  to apply, or declines to apply for disability income.

25         f.  Does not receive disability income due to

26  psychiatric disability, but has an application in process or

27  has received such income within the last 5 years.

28         g.  Is legally competent to direct his or her own

29  affairs.

30         h.  Is not enrolled in Florida Assertive Community

31  Treatment (FACT) services.

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    Florida Senate - 2004                                  SB 2894
    9-1683A-04                                              See HB




 1         2.  Participants in the FloridaSDC program must live in

 2  the district or subdistrict in which the program they

 3  participate in is located.

 4         3.  Additional eligibility requirements to participate

 5  in the FloridaSDC program are as follows:

 6         a.  To be eligible to participate in the agency mental

 7  health subcomponent, the individual must be eligible for

 8  Medicaid as defined in the waiver of s. 1115 of the Social

 9  Security Act, 42 U.S.C. s. 1315.

10         b.  To be eligible to participate in the vocational

11  rehabilitation subcomponent, the individual must be eligible

12  as defined by the Rehabilitation Act of 1973, as amended.

13         4.  Participation in the FloridaSDC program is

14  voluntary. Individuals who wish to disenroll may do so at any

15  time. Upon disenrollment, the individual shall have access to

16  mental health services for which he or she is eligible, based

17  on the level of need. A participant's disenrollment from the

18  agency mental health subcomponent will be effective the

19  beginning of the month subsequent to his or her disenrollment

20  decision.

21         (c)  Budget allowances.--Budget allowances shall be

22  managed on behalf of participants by a fiscal intermediary

23  approved by the department. Budget allowances for any funding

24  from the department shall be based on the average cost to

25  provide the services described in subparagraph (4)(a)1. to an

26  individual with a serious and persistent mental illness in the

27  district or subdistrict of service for the previous fiscal

28  year. This methodology shall be used for budgeting purposes on

29  an aggregate level. Individual budget allowances may vary in

30  accordance with the participants' approved recovery plans. The

31  total of the budget allowances must not exceed the total

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    Florida Senate - 2004                                  SB 2894
    9-1683A-04                                              See HB




 1  budget for the FloridaSDC program. These allowances shall be

 2  transferred from the department to the fiscal intermediary for

 3  mental health services provided to participants. The

 4  department shall develop purchasing guidelines to assist

 5  participants in using the budget allowances to purchase

 6  needed, cost-effective mental health and vocational

 7  rehabilitation services. Funding for budget allowances shall

 8  be provided through department funding, agency funds obtained

 9  through any waiver of s. 1115 of the Social Security Act, 42

10  U.S.C. s. 1315, or division funds.

11         (d)  Services.--The fiscal intermediary shall use

12  budget allowances only to pay for community-based services

13  that meet the participant's mental health care and vocational

14  rehabilitation needs based on the individual's recovery plan

15  and that are a cost-efficient use of such funds. Such funds

16  shall not be used to supplant services available to the

17  individual through other state and federal funding sources.

18  The department, in collaboration with the statewide advisory

19  council, the agency, and the division, shall develop

20  purchasing requirements that meet state and federal

21  regulations.

22         (e)  Participant roles and

23  responsibilities.--Participants shall choose the providers of

24  services, as well as when and how the services are provided.

25  The roles and responsibilities of participants include, but

26  are not limited to, the following:

27         1.  Communicating needs, preferences, and expectations

28  about services being purchased.

29         2.  Ending the services of an unsatisfactory provider.

30         3.  Providing the fiscal intermediary with all

31  information necessary for provider payments.

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    Florida Senate - 2004                                  SB 2894
    9-1683A-04                                              See HB




 1         (f)  Department roles and responsibilities.--The roles

 2  and responsibilities of the department include, but are not

 3  limited to, the following:

 4         1.  Establishing standards for approval of the fiscal

 5  intermediary and approving the fiscal intermediary. The fiscal

 6  intermediary may not be a provider of behavioral health care

 7  services or be a managed care organization.

 8         2.  Establishing, in consultation with the agency and

 9  the division, the minimum qualifications for all providers and

10  being the final arbiter of the fitness of any individual or

11  organization to be a provider.

12         3.  Establishing, at the beginning of each fiscal year,

13  the number of available openings in the program for each

14  district.

15         (g)  Fiscal intermediary roles and responsibilities.--

16         1.  The roles and responsibilities of the fiscal

17  intermediary include, but are not limited to, the following:

18         a.  Providing recordkeeping and fiscal processing

19  services and providing for an audit by an independent

20  certified public accountant annually.

21         b.  Retaining the participant-directed care funds in

22  distinct categories by program subcomponent, processing

23  provider enrollment information, if any, reviewing records to

24  ensure correctness, making payments to providers for services,

25  ensuring timely account activity and balance reporting to

26  participants and FloridaSDC program staff, and maintaining

27  district-level FloridaSDC service staff.

28         c.  Employing recovery coaches who shall provide

29  training, technical assistance, and support to participants.

30  The fiscal intermediary may not provide direct services to

31  

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    Florida Senate - 2004                                  SB 2894
    9-1683A-04                                              See HB




 1  participants beyond those provided by the recovery coaches and

 2  quality advocates.

 3         d.  Establishing controls to prevent overspending of

 4  budget allowances and separate accounting for each program

 5  subcomponent, and ensuring that funds expended meet all

 6  federal requirements and purchasing guidelines established by

 7  the department.

 8         e.  Maintaining the participant's freedom account under

 9  s. 1110(b) of the Social Security Act.

10         f.  Assessing each participant's mental health care and

11  vocational rehabilitation needs, helping with the recovery

12  plan, and providing ongoing support with the service plan.

13         g.  Expediting linkages for FloridaSDC participants to

14  other mental health services not available through the

15  program.

16         h.  Educating each participant about the use of

17  advanced medical and psychiatric directives.

18         2.  Employees, board members, or owners of the fiscal

19  intermediary may not serve on boards of mental health care

20  providers or any other entity that would result in conflict of

21  interest.

22         (5)  ADVISORY COUNCILS.--A statewide advisory council

23  shall guide the FloridaSDC program. The statewide advisory

24  council shall be comprised of local advisory council members.

25  Local advisory councils shall guide the FloridaSDC program in

26  each participating district. Each local advisory council shall

27  adhere to the intent of the FloridaSDC program. The department

28  shall develop policies and rules regarding appointment,

29  operation, and terms of memberships for both the state and

30  local advisory councils. At least 51 percent of state and

31  local advisory council members shall be participants of the

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    Florida Senate - 2004                                  SB 2894
    9-1683A-04                                              See HB




 1  FloridaSDC program. The remaining 49 percent of the council

 2  memberships shall be comprised of family members of

 3  participants of the FloridaSDC program and other interested

 4  parties. Providers of behavioral health care services, or

 5  their staff, owners, or board members, are not eligible to

 6  serve on any advisory council. Although the statewide and

 7  local advisory councils will not have financial management

 8  responsibility for the FloridaSDC program, each council shall

 9  function as a stakeholder in each program in which it is

10  involved. The department shall consider requests and

11  recommendations from the statewide advisory council for

12  improvements to the FloridaSDC program. Members of local and

13  statewide advisory councils shall serve without compensation

14  but are entitled to reimbursement for travel and per diem

15  expenses pursuant to s. 112.061. The department has final

16  authority on and responsibility for operation of the

17  FloridaSDC program.

18         (6)  FEDERAL WAIVERS; GRANTS.--

19         (a)  The department shall take all necessary action to

20  ensure state compliance with federal regulations. The agency,

21  in collaboration with the department, shall seek a waiver of

22  s. 1115 of the Social Security Act, 42 U.S.C. s. 1315; the

23  department shall expeditiously seek any available Supplemental

24  Security Administration (SSA) waivers under s. 1110(b) of the

25  Social Security Act; and the division, in collaboration with

26  the department, shall seek federal approval to participate in

27  the FloridaSDC program.

28         (b)  The department may apply for and use any funds

29  from private, state, and federal grants provided for

30  self-directed care, voucher, and self-determination programs,

31  

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    Florida Senate - 2004                                  SB 2894
    9-1683A-04                                              See HB




 1  including those providing substance abuse and mental health

 2  care.

 3         (c)  The approval of all waivers is not required for

 4  implementation and operation of the FloridaSDC program, but

 5  the program may not provide services for which a waiver is

 6  required without first obtaining approval for that waiver.

 7         (7)  FUNDS TRANSFER.--The department, the agency, and

 8  the division may transfer funds as identified in paragraph

 9  (4)(a) to the fiscal intermediary.

10         (8)  REVIEWS AND REPORTS.--The department, the agency,

11  and the division shall each, on an ongoing basis, review and

12  assess the implementation of the FloridaSDC program. Beginning

13  January 31, 2005, the department shall biannually submit a

14  written report to the chairs of the appropriate substantive

15  committees of the Legislature that includes review of the

16  FloridaSDC program by the department, the agency, and the

17  division and that contains recommendations for improvements to

18  the program.

19         (9)  RULES.--The department, the agency, and the

20  division shall have rulemaking authority to implement the

21  provisions of this section. These rules shall be for the

22  purpose of enhancing choice in and control over the purchased

23  mental health and vocational rehabilitative services received

24  by FloridaSDC participants. The statewide advisory council and

25  other interested stakeholders may participate in the

26  development and review of such rules prior to their adoption.

27         394.9503  Family-directed care (FloridaFDC) pilot

28  program.--

29         (1)  The Department of Children and Family Services

30  shall develop a family-directed care (FloridaFDC) pilot

31  program in a district selected by the department. The

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    Florida Senate - 2004                                  SB 2894
    9-1683A-04                                              See HB




 1  FloridaFDC pilot program shall provide mental health treatment

 2  and support services for children who are at risk of emotional

 3  disturbance or who have an emotional disturbance or a serious

 4  emotional disturbance. The FloridaFDC pilot program shall be

 5  organized and operated in the same manner as the self-directed

 6  care (FloridaSDC) program established under s. 394.9501. The

 7  department may use for the FloridaFDC pilot program any funds

 8  of the FloridaSDC program secured from grants provided for

 9  substance abuse and mental health services that are restricted

10  to services for children.

11         (2)  Participants in the FloridaFDC pilot program shall

12  be children who are at risk of emotional disturbance or who

13  have an emotional disturbance or a serious emotional

14  disturbance. The child must be living at home with his or her

15  family or legal guardian in order to participate in the

16  FloridaFDC pilot program.

17         (a)  A child at risk of emotional disturbance is a

18  person under 18 years of age who is currently referred for

19  mental health treatment in a program for students with

20  emotional disabilities in accordance with the Individuals with

21  Disabilities Education Act and for whom there are strong

22  clinical indicators that in the near future such child will

23  require treatment and care from the public mental health care

24  system.

25         (b)  A child with an emotional disturbance means a

26  person under 18 years of age who meets one of the following

27  criteria:

28         1.  Has a diagnosis listed in the Diagnostic and

29  Statistical Manual of the American Psychiatric Association and

30  a Children's Global Assessment Scale score of 51-60.

31  

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    Florida Senate - 2004                                  SB 2894
    9-1683A-04                                              See HB




 1         2.  Is currently classified as a student with an

 2  emotional disturbance by a local school district.

 3         (c)  A child with a serious emotional disturbance is a

 4  person under 18 years of age who meets one of the following

 5  criteria:

 6         1.  Has a diagnosis of schizophrenia or other psychotic

 7  disorder, major depression, mood disorder, or personality

 8  disorder.

 9         2.  Has a diagnosis listed in the Diagnostic and

10  Statistical Manual of the American Psychiatric Association and

11  a Children's Global Assessment Scale score of 50 or below.

12         3.  Is currently classified as a student with serious

13  emotional disturbance by a local school district.

14         4.  Is currently receiving supplemental security income

15  (SSI) benefits for a psychiatric disability.

16         (3)  The following children are not eligible to

17  participate in the FloridaFDC pilot program:

18         (a)  Children who are in the custody of the Department

19  of Children and Family Services.

20         (b)  Children with a primary diagnosis of developmental

21  disability, pervasive developmental disorder, substance abuse,

22  communication disorder, learning disorder, or autism.

23         (4)  All persons who render care to children under this

24  section must comply with the requirements of s. 435.05 and

25  shall be excluded from employment pursuant to s. 435.06.

26  Persons excluded from employment may request an exemption from

27  disqualification, as provided in s. 435.07. Persons not

28  subject to certification or professional licensure may request

29  an exemption from the Department of Children and Family

30  Services. In considering a request for an exemption, the

31  department shall comply with the provisions of s. 435.07. For

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    Florida Senate - 2004                                  SB 2894
    9-1683A-04                                              See HB




 1  purposes of this section, a person who has undergone

 2  screening, who is qualified for employment under this section

 3  and applicable rules, and who has not been unemployed for more

 4  than 180 days following such screening is not required to be

 5  rescreened. Such person must attest under penalty of perjury

 6  to not having been convicted of a disqualifying offense since

 7  completing such screening.

 8         (5)  The Department of Children and Family Services,

 9  the Agency for Health Care Administration, and the Division of

10  Vocational Rehabilitation of the Department of Education shall

11  have rulemaking authority to implement the provisions of this

12  section. These rules shall be for the purpose of enhancing

13  choice in and control over the purchased mental health and

14  vocational rehabilitative services received by FloridaFDC

15  pilot program participants. The statewide advisory council

16  created under s. 394.9501 and other interested stakeholders

17  may participate in the development and review of such rules

18  prior to their adoption.

19         (6)  The Department of Children and Family Services

20  shall submit a report concerning the progress of the

21  FloridaFDC pilot program to the appropriate legislative

22  committees by December 1 of each year of the pilot program.

23         (7)  This section is repealed July 1, 2008.

24         Section 2.  Section 394.9084, Florida Statutes, is

25  repealed.

26         Section 3.  This act shall take effect July 1, 2004.

27  

28  

29  

30  

31  

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