HB 0727CS

CHAMBER ACTION




1The Committee on Future of Florida's Families recommends the
2following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to mental health and vocational
8rehabilitation services; creating part VI of chapter 394,
9F.S., relating to self-directed and family-directed mental
10health and vocational rehabilitation services; providing a
11popular name; providing legislative intent; providing for
12implementation and expansion; providing definitions;
13providing a program for self-directed mental health and
14vocational rehabilitation services for adults; providing
15eligibility and other program requirements; providing
16limitations; providing for statewide and local advisory
17councils; providing authority to request certain federal
18waivers and to request and use certain grants; providing
19for transfer of certain funds; providing for ongoing
20review and reports; providing rulemaking and overall
21authority; providing for a pilot program for family-
22directed mental health treatment and support services for
23certain children based on the self-directed care program
24for adults; providing eligibility and other pilot program
25requirements; providing background screening requirements;
26providing rulemaking authority; providing for annual
27reports; providing for future repeal of the pilot program;
28repealing s. 394.9084, F.S., relating to the pilot project
29for client-directed and choice-based adult mental health
30services; providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Part VI of chapter 394, Florida Statutes,
35consisting of sections 394.9501 and 394.9503, is created to
36read:
37
PART VI
38
SELF-DIRECTED AND FAMILY-DIRECTED MENTAL HEALTH
39
AND VOCATIONAL REHABILITATION SERVICES
40     394.9501  Self-directed mental health and vocational
41rehabilitation services.--
42     (1)  POPULAR NAME.--This section may be cited by the
43popular name the "Florida Self-Directed Care (FloridaSDC) Act."
44     (2)  LEGISLATIVE INTENT.--The Legislature finds that the
45experience, courage, and philosophy of the advocates who helped
46to initiate the self-directed care pilot for adults with
47psychiatric disabilities in Northeast Florida has created a new
48modality of care, has increased personal responsibility, and has
49empowered individuals. The Legislature finds that many adults
50with psychiatric disabilities are able to choose the providers
51and services that best help them to achieve recovery from mental
52illness. It is the intent of the Legislature to provide adults
53with a mental illness and children with or at risk for emotional
54disturbances and their families the opportunity to exercise
55choice and control in managing their mental health recovery by
56offering a program of self-directed care with a wide range of
57choices in and control over the purchased mental health care and
58vocational rehabilitation services they access. The Legislature
59finds that some families of children with or at risk for
60emotional disturbances are able to choose the providers and
61services best able to assist them in recovery. The Legislature
62intends to test the self-directed modality for these families in
63a pilot project.
64     (3)  IMPLEMENTATION AND EXPANSION.--The department shall
65expand this program as resources become available. The
66administrative costs for sites added after July 1, 2004, shall
67not be paid from funds appropriated for direct client services.
68     (4)  DEFINITIONS.--As used in this section, the term:
69     (a)  "Adult with a mental illness" means a person who is
70age 18 or older and who has a diagnosis or diagnostic impression
71of an Axis I or Axis II mental disorder.
72     (b)  "Agency" means the Agency for Health Care
73Administration.
74     (c)  "Budget allowance" means the amount of funds made
75available to the managing entity on behalf of a participant to
76purchase needed mental health treatment, rehabilitation and
77enrichment, and vocational rehabilitation services, based on the
78results of an assessment of a participant's needs and goals.
79     (d)  "Department" means the Department of Children and
80Family Services.
81     (e)  "Division" means the Division of Vocational
82Rehabilitation of the Department of Education.
83     (f)  "Freedom account" means an account in which a
84participant who receives supplemental security income (SSI) or
85social security disability income (SSDI) is permitted to save
86funds to assist in achieving independence by reaching
87educational and vocational goals.
88     (g)  "Managing entity" means the single organization
89approved by the department to provide fiscal intermediary
90services and administrative support.
91     (h)  "Participant" means a person who has chosen to
92participate in the program, who has met the enrollment
93requirements, and who has received a budget allowance.
94     (i)  "Provider" means a person or organization licensed or
95otherwise permitted to render services eligible for
96reimbursement under this program for which the participant is
97not the employer of record.
98     (j)  "Quality advocate" means a mental health professional
99who is licensed or eligible for licensure pursuant to chapter
100490 or chapter 491 who manages the delivery of direct services
101to participants.
102     (k)  "Recovery coach" means an individual who provides
103technical assistance to participants in meeting their
104responsibilities under this section.
105     (l)  "Self-determination" means a fiscal mechanism that
106gives the individual an opportunity to choose the providers and
107services necessary for recovery from a mental illness or an
108emotional disturbance.
109     (5)  SELF-DIRECTED CARE.--
110     (a)  Program established.--The department shall establish
111the Florida self-directed care (FloridaSDC) program for adults,
112which shall be based on the principles of participant choice and
113control. The department shall establish interagency cooperative
114agreements and work with the agency, the division, and the
115Social Security Administration to implement and administer the
116FloridaSDC program. The FloridaSDC program shall give enrolled
117persons the opportunity to choose the providers of services and
118to direct the delivery of services to best meet their mental
119health care and vocational rehabilitation needs. The department
120shall operate the direct-services portion of the FloridaSDC
121program within the funds appropriated by the Legislature and
122other funds obtained through the agency, division, and
123department. The FloridaSDC program shall consist of four
124subcomponents. A participant must participate in at least one
125and may participate in any of the following subcomponents for
126which they are eligible:
127     1.  Department mental health services.--This subcomponent
128provides a budget allowance that includes community mental
129health outpatient, community support, and case management
130services. This budget allowance excludes Florida Assertive
131Community Treatment (FACT) services for adults; residential
132services; and emergency stabilization services, including crisis
133stabilization units, short-term residential treatment, and
134inpatient services. The participant must be eligible as provided
135in the waiver of s. 1115 of the Social Security Act, 42 U.S.C.
136s. 1315.
137     2.  Agency mental health services.--This subcomponent
138includes in the budget allowance Medicaid community mental
139health services and mental health targeted case management
140services.
141     3.  Vocational rehabilitation.--This subcomponent includes
142funds available for an eligible participant as provided by the
143Rehabilitation Act of 1973, as amended.
144     4.  Social Security Administration.--This subcomponent
145includes funds from any social security income program.
146     (b)  Eligibility and enrollment.--To be eligible for
147enrollment in the FloridaSDC program, a person must be an adult
148with a severe and persistent mental illness who:
149     1.a.  Receives supplemental security income (SSI), social
150security disability income (SSDI), disabled veterans income, or
151any other type of disability income due to psychiatric
152disability;
153     b.  Receives social security income (SSI) for reasons other
154than psychiatric disability; or
155     c.  Does not receive disability income due to psychiatric
156disability but has an application in process or has received
157such income within the last 5 years.
158     2.  Is legally competent to direct his or her own affairs.
159     3.  Is not enrolled in Florida Assertive Community
160Treatment (FACT) services.
161     4.  Lives in the department's district in which the program
162he or she participates in is located.
163     5.  Applies for Medicaid and other income-support programs
164for which he or she may qualify.
165     (c)  Participation.--Participation in the FloridaSDC
166program is voluntary and participants may disenroll at any time.
167Agency and department services shall be available on the first
168day of the month after a person disenrolls.
169     (d)  Budget allowances.--Participants enrolled in the
170FloridaSDC program shall be given a monthly budget allowance
171based on the results of their assessed needs and goals and the
172financial resources of the program. Budget allowances shall be
173managed on behalf of participants by the managing entity as the
174fiscal intermediary. The department, in collaboration with the
175statewide advisory council, shall develop purchasing guidelines,
176approved by the agency and the division, to assist participants
177in using the budget allowance to purchase needed, cost-effective
178services. The department shall determine the total amount of
179budget allowances available for each site by calculating the
180average cost to serve eligible participants during the previous
181fiscal year. Individual budget allowances may vary in accordance
182with the participants' approved recovery plans. Funding for
183budget allowances shall be provided through department funding,
184agency funds made available through a waiver of s. 1115 of the
185Social Security Act, 42 U.S.C. s. 1315, and division funds.
186     (e)  Services.--The managing entity for the FloridaSDC
187program shall use budget allowances to pay for community-based
188services that meet the participant's mental health care and
189vocational rehabilitation needs based on the individual's
190recovery plan goals and that are a cost-efficient use of such
191funds. Such funds shall be considered the payer of last resort
192and must be coordinated with any other benefits for which the
193participant is eligible.
194     (f)  Participant roles and responsibilities.--Participants
195in the FloridaSDC program shall choose the providers of
196services, as well as when and how the services are provided. The
197roles and responsibilities of participants include, but are not
198limited to, the following:
199     1.  Communicating needs, preferences, and expectations
200about services being purchased.
201     2.  Ending the services of an unsatisfactory provider.
202     3.  Providing the managing entity with all information
203necessary for provider payments.
204     (g)  Department roles and responsibilities.--The roles and
205responsibilities of the department under the FloridaSDC program
206include, but are not limited to, the following:
207     1.  Establishing standards for approval of the managing
208entity. The managing entity may not be a provider of behavioral
209health care services or be a managed care organization.
210     2.  Establishing, in consultation with the agency and the
211division, the minimum qualifications for all providers and being
212the final arbiter of the fitness of any individual or
213organization to be a provider.
214     3.  Establishing, at the beginning of each fiscal year, the
215number of available openings in the program for each district.
216     (h)  Managing entity roles and responsibilities.--
217     1.  The roles and responsibilities of the managing entity
218under the FloridaSDC program include, but are not limited to,
219the following:
220     a.  Providing recordkeeping and fiscal processing services
221and providing for an audit by an independent certified public
222accountant annually.
223     b.  Retaining the participant-directed care funds in
224distinct categories by program subcomponent, processing provider
225enrollment information, if any, reviewing records to ensure
226correctness, making payments to providers for services, ensuring
227timely account activity and balance reporting to participants
228and FloridaSDC program staff, and maintaining district-level
229FloridaSDC service staff.
230     c.  Contracting recovery coaches who shall provide
231training, technical assistance, and support to participants. The
232managing entity may not provide direct services to participants
233beyond those provided by the recovery coaches and quality
234advocates.
235     d.  Establishing a provider network.
236      e.  Providing controls to prevent overspending of budget
237allowances and separate accounting for each program
238subcomponent, and ensuring that funds expended meet all federal
239requirements and purchasing guidelines established by the
240department.
241     f.  Maintaining each participant's freedom account under s.
2421110(b) of the Social Security Act.
243     g.  Assessing each participant's mental health care and
244vocational rehabilitation needs, helping with the recovery plan,
245and providing ongoing support with the recovery plan.
246     h.  Expediting linkages for FloridaSDC participants to
247other mental health services not available through the program.
248     i.  Educating each participant about the use of advanced
249medical and psychiatric directives.
250     2.  Employees, board members, or owners of the managing
251entity may not serve on boards of mental health care providers
252or any other entity that would result in a conflict of interest.
253     (6)  LIMITATIONS.--Participants enrolled in the agency
254mental health services subcomponent are excluded from enrollment
255in any program that prepays Medicaid community mental health or
256mental health targeted case management benefits and may not
257access Medicaid reimbursed mental health benefits under a fee-
258for-service program. The vocational rehabilitation subcomponent
259is contingent upon federal legislation allowing for a
260demonstration program that will permit vocational rehabilitation
261funds to flow through the managing entity. Participation in the
262Social Security Administration subcomponent is contingent upon
263federal approval of a demonstration project authorized by a
264waiver.
265     (7)  ADVISORY COUNCILS.--Local advisory councils shall
266guide the FloridaSDC program in each participating district.
267Each local advisory council shall adhere to the intent of the
268FloridaSDC program to provide choice and control to
269participants. At least 51 percent of the members of the local
270advisory councils shall be participants in the FloridaSDC
271program. A statewide advisory council of at least five and no
272more than nine members shall guide the FloridaSDC program. The
273statewide advisory council shall be comprised of local advisory
274council members. At least 51 percent of the members of the
275statewide advisory council shall be participants in the
276FloridaSDC program. The remaining council memberships shall be
277comprised of adult family members of individuals who have been
278diagnosed with a psychiatric disability. Providers of behavioral
279health care services, or their staff, owners, or board members,
280are not eligible to serve on any advisory council. Members of
281local and statewide advisory councils shall serve without
282compensation but are entitled to reimbursement for travel and
283per diem expenses pursuant to s. 112.061. The department shall
284develop policies and rules regarding appointment, operation, and
285terms of memberships for both the state and local advisory
286councils. The department shall consider requests and
287recommendations from the statewide advisory council for
288improvements to the FloridaSDC program.
289     (8)  FEDERAL WAIVERS; GRANTS.--
290     (a)  The department shall take all necessary action to
291ensure state compliance with federal regulations. The agency, in
292collaboration with the department, shall seek a waiver of s.
2931115 of the Social Security Act, 42 U.S.C. s. 1315; the
294department shall expeditiously seek any available Supplemental
295Security Administration (SSA) waivers under s. 1110(b) of the
296Social Security Act; and the division, in collaboration with the
297department, shall seek federal approval to participate in the
298FloridaSDC program.
299     (b)  The department may apply for and use any funds from
300private, state, and federal grants provided for self-directed
301care, voucher, and self-determination programs, including those
302providing substance abuse and mental health care.
303     (c)  The FloridaSDC program may operate while awaiting
304approval of federal waivers, but the program may not provide
305services for which a waiver is required without first obtaining
306approval for that waiver.
307     (9)  FUNDS TRANSFER.--The department, the agency, and the
308division may transfer funds as identified in paragraph (5)(a) to
309the managing entity.
310     (10)  REVIEWS AND REPORTS.--The department, the agency, and
311the division shall each, on an ongoing basis, review and assess
312the implementation of the FloridaSDC program. The department
313shall implement an evaluation of the program through June 2006.
314If the agency obtains a federal waiver, the evaluation shall be
315used to demonstrate effectiveness. The evaluation is considered
316part of administrative funds and cannot be paid for by service
317dollars. Beginning January 31, 2005, the department shall
318biannually submit a written report to the chairs of the
319appropriate substantive committees of the Legislature that
320includes review of the FloridaSDC program by the department, the
321agency, and the division and that contains recommendations for
322improvements to the program.
323     (11)  RULES.--The department, the agency, and the division
324shall have rulemaking authority to implement the provisions of
325this section. These rules shall be for the purpose of enhancing
326choice in and control over the purchased mental health and
327vocational rehabilitative services accessed by FloridaSDC
328participants. The statewide advisory council and other
329interested stakeholders may participate in the development and
330review of such rules prior to their adoption.
331     (12)  AUTHORITY.--The department has final authority on and
332responsibility for operation of the FloridaSDC program.
333     394.9503  Family-directed care (FloridaFDC) pilot
334program.--
335     (1)  The Department of Children and Family Services shall
336develop a family-directed care (FloridaFDC) pilot program in a
337district selected by the department. The FloridaFDC pilot
338program shall provide mental health treatment and support
339services for children who are at risk of emotional disturbance
340or who have an emotional disturbance or a serious emotional
341disturbance. The FloridaFDC pilot program shall be organized and
342operated in the same manner and intent as the self-directed care
343(FloridaSDC) program established under s. 394.9501. The
344department may use for the FloridaFDC pilot program any funds of
345the FloridaSDC program secured from grants provided for
346substance abuse and mental health services that are designated
347for services to children.
348     (2)  Participants in the FloridaFDC pilot program shall be
349children who are at risk of emotional disturbance or who have an
350emotional disturbance or a serious emotional disturbance. The
351child must be living at home with his or her family or legal
352guardian in order to participate in the FloridaFDC pilot
353program.
354     (a)  A child at risk of emotional disturbance is a person
355under 18 years of age who is currently referred for mental
356health treatment in a program for students with emotional
357disabilities in accordance with the Individuals with
358Disabilities Education Act and for whom there are strong
359clinical indicators that in the near future such child will
360require treatment and care from the public mental health care
361system.
362     (b)  A child with an emotional disturbance is a person
363under 18 years of age who meets one of the following criteria:
364     1.  Has a diagnosis listed in the Diagnostic and
365Statistical Manual of the American Psychiatric Association and a
366Children's Global Assessment Scale score of 51-60.
367     2.  Is currently classified as a student with an emotional
368disturbance by a local school district.
369     (c)  A child with a serious emotional disturbance is a
370person under 18 years of age who meets one of the following
371criteria:
372     1.  Has a diagnosis of schizophrenia or other psychotic
373disorder, major depression, mood disorder, or personality
374disorder.
375     2.  Has a diagnosis listed in the Diagnostic and
376Statistical Manual of the American Psychiatric Association and a
377Children's Global Assessment Scale score of 50 or below.
378     3.  Is currently classified as a student with a serious
379emotional disturbance by a local school district.
380     4.  Is currently receiving supplemental security income
381(SSI) benefits for a psychiatric disability.
382     (3)  The following children are not eligible to participate
383in the FloridaFDC pilot program:
384     (a)  Children who are in the custody of the Department of
385Children and Family Services.
386     (b)  Children with a primary diagnosis of developmental
387disability, pervasive developmental disorder, substance abuse,
388communication disorder, learning disorder, or autism.
389     (4)  All persons who render care to children under this
390section must comply with the requirements of chapter 435. For
391purposes of this section, a person who has undergone screening,
392who is qualified for employment under this section and
393applicable rules, and who has not been unemployed for more than
394180 days following such screening is not required to be
395rescreened. Such person must attest under penalty of perjury to
396not having been convicted of a disqualifying offense since
397completing such screening.
398     (5)  The Department of Children and Family Services, the
399Agency for Health Care Administration, and the Division of
400Vocational Rehabilitation of the Department of Education shall
401have rulemaking authority to implement the provisions of this
402section. These rules shall be for the purpose of enhancing
403choice in and control over the purchased mental health and
404vocational rehabilitative services received by FloridaFDC pilot
405program participants. The statewide advisory council created
406under s. 394.9501 and other interested stakeholders may
407participate in the development and review of such rules prior to
408their adoption.
409     (6)  The Department of Children and Family Services shall
410submit a report concerning the progress of the FloridaFDC pilot
411program to the appropriate legislative committees by December 1
412of each year of the pilot program.
413     (7)  This section is repealed July 1, 2008.
414     Section 2.  Section 394.9084, Florida Statutes, is
415repealed.
416     Section 3.  This act shall take effect July 1, 2004.


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