1 | The Committee on Future of Florida's Families recommends the |
2 | following: |
3 |
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4 | Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to mental health and vocational |
8 | rehabilitation services; creating part VI of chapter 394, |
9 | F.S., relating to self-directed and family-directed mental |
10 | health and vocational rehabilitation services; providing a |
11 | popular name; providing legislative intent; providing for |
12 | implementation and expansion; providing definitions; |
13 | providing a program for self-directed mental health and |
14 | vocational rehabilitation services for adults; providing |
15 | eligibility and other program requirements; providing |
16 | limitations; providing for statewide and local advisory |
17 | councils; providing authority to request certain federal |
18 | waivers and to request and use certain grants; providing |
19 | for transfer of certain funds; providing for ongoing |
20 | review and reports; providing rulemaking and overall |
21 | authority; providing for a pilot program for family- |
22 | directed mental health treatment and support services for |
23 | certain children based on the self-directed care program |
24 | for adults; providing eligibility and other pilot program |
25 | requirements; providing background screening requirements; |
26 | providing rulemaking authority; providing for annual |
27 | reports; providing for future repeal of the pilot program; |
28 | repealing s. 394.9084, F.S., relating to the pilot project |
29 | for client-directed and choice-based adult mental health |
30 | services; providing an effective date. |
31 |
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32 | Be It Enacted by the Legislature of the State of Florida: |
33 |
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34 | Section 1. Part VI of chapter 394, Florida Statutes, |
35 | consisting of sections 394.9501 and 394.9503, is created to |
36 | read: |
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 |
41 | rehabilitation services.-- |
42 | (1) POPULAR NAME.--This section may be cited by the |
43 | popular name the "Florida Self-Directed Care (FloridaSDC) Act." |
44 | (2) LEGISLATIVE INTENT.--The Legislature finds that the |
45 | experience, courage, and philosophy of the advocates who helped |
46 | to initiate the self-directed care pilot for adults with |
47 | psychiatric disabilities in Northeast Florida has created a new |
48 | modality of care, has increased personal responsibility, and has |
49 | empowered individuals. The Legislature finds that many adults |
50 | with psychiatric disabilities are able to choose the providers |
51 | and services that best help them to achieve recovery from mental |
52 | illness. It is the intent of the Legislature to provide adults |
53 | with a mental illness and children with or at risk for emotional |
54 | disturbances and their families the opportunity to exercise |
55 | choice and control in managing their mental health recovery by |
56 | offering a program of self-directed care with a wide range of |
57 | choices in and control over the purchased mental health care and |
58 | vocational rehabilitation services they access. The Legislature |
59 | finds that some families of children with or at risk for |
60 | emotional disturbances are able to choose the providers and |
61 | services best able to assist them in recovery. The Legislature |
62 | intends to test the self-directed modality for these families in |
63 | a pilot project. |
64 | (3) IMPLEMENTATION AND EXPANSION.--The department shall |
65 | expand this program as resources become available. The |
66 | administrative costs for sites added after July 1, 2004, shall |
67 | not 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 |
70 | age 18 or older and who has a diagnosis or diagnostic impression |
71 | of an Axis I or Axis II mental disorder. |
72 | (b) "Agency" means the Agency for Health Care |
73 | Administration. |
74 | (c) "Budget allowance" means the amount of funds made |
75 | available to the managing entity on behalf of a participant to |
76 | purchase needed mental health treatment, rehabilitation and |
77 | enrichment, and vocational rehabilitation services, based on the |
78 | results of an assessment of a participant's needs and goals. |
79 | (d) "Department" means the Department of Children and |
80 | Family Services. |
81 | (e) "Division" means the Division of Vocational |
82 | Rehabilitation of the Department of Education. |
83 | (f) "Freedom account" means an account in which a |
84 | participant who receives supplemental security income (SSI) or |
85 | social security disability income (SSDI) is permitted to save |
86 | funds to assist in achieving independence by reaching |
87 | educational and vocational goals. |
88 | (g) "Managing entity" means the single organization |
89 | approved by the department to provide fiscal intermediary |
90 | services and administrative support. |
91 | (h) "Participant" means a person who has chosen to |
92 | participate in the program, who has met the enrollment |
93 | requirements, and who has received a budget allowance. |
94 | (i) "Provider" means a person or organization licensed or |
95 | otherwise permitted to render services eligible for |
96 | reimbursement under this program for which the participant is |
97 | not the employer of record. |
98 | (j) "Quality advocate" means a mental health professional |
99 | who is licensed or eligible for licensure pursuant to chapter |
100 | 490 or chapter 491 who manages the delivery of direct services |
101 | to participants. |
102 | (k) "Recovery coach" means an individual who provides |
103 | technical assistance to participants in meeting their |
104 | responsibilities under this section. |
105 | (l) "Self-determination" means a fiscal mechanism that |
106 | gives the individual an opportunity to choose the providers and |
107 | services necessary for recovery from a mental illness or an |
108 | emotional disturbance. |
109 | (5) SELF-DIRECTED CARE.-- |
110 | (a) Program established.--The department shall establish |
111 | the Florida self-directed care (FloridaSDC) program for adults, |
112 | which shall be based on the principles of participant choice and |
113 | control. The department shall establish interagency cooperative |
114 | agreements and work with the agency, the division, and the |
115 | Social Security Administration to implement and administer the |
116 | FloridaSDC program. The FloridaSDC program shall give enrolled |
117 | persons the opportunity to choose the providers of services and |
118 | to direct the delivery of services to best meet their mental |
119 | health care and vocational rehabilitation needs. The department |
120 | shall operate the direct-services portion of the FloridaSDC |
121 | program within the funds appropriated by the Legislature and |
122 | other funds obtained through the agency, division, and |
123 | department. The FloridaSDC program shall consist of four |
124 | subcomponents. A participant must participate in at least one |
125 | and may participate in any of the following subcomponents for |
126 | which they are eligible: |
127 | 1. Department mental health services.--This subcomponent |
128 | provides a budget allowance that includes community mental |
129 | health outpatient, community support, and case management |
130 | services. This budget allowance excludes Florida Assertive |
131 | Community Treatment (FACT) services for adults; residential |
132 | services; and emergency stabilization services, including crisis |
133 | stabilization units, short-term residential treatment, and |
134 | inpatient services. The participant must be eligible as provided |
135 | in the waiver of s. 1115 of the Social Security Act, 42 U.S.C. |
136 | s. 1315. |
137 | 2. Agency mental health services.--This subcomponent |
138 | includes in the budget allowance Medicaid community mental |
139 | health services and mental health targeted case management |
140 | services. |
141 | 3. Vocational rehabilitation.--This subcomponent includes |
142 | funds available for an eligible participant as provided by the |
143 | Rehabilitation Act of 1973, as amended. |
144 | 4. Social Security Administration.--This subcomponent |
145 | includes funds from any social security income program. |
146 | (b) Eligibility and enrollment.--To be eligible for |
147 | enrollment in the FloridaSDC program, a person must be an adult |
148 | with a severe and persistent mental illness who: |
149 | 1.a. Receives supplemental security income (SSI), social |
150 | security disability income (SSDI), disabled veterans income, or |
151 | any other type of disability income due to psychiatric |
152 | disability; |
153 | b. Receives social security income (SSI) for reasons other |
154 | than psychiatric disability; or |
155 | c. Does not receive disability income due to psychiatric |
156 | disability but has an application in process or has received |
157 | such 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 |
160 | Treatment (FACT) services. |
161 | 4. Lives in the department's district in which the program |
162 | he or she participates in is located. |
163 | 5. Applies for Medicaid and other income-support programs |
164 | for which he or she may qualify. |
165 | (c) Participation.--Participation in the FloridaSDC |
166 | program is voluntary and participants may disenroll at any time. |
167 | Agency and department services shall be available on the first |
168 | day of the month after a person disenrolls. |
169 | (d) Budget allowances.--Participants enrolled in the |
170 | FloridaSDC program shall be given a monthly budget allowance |
171 | based on the results of their assessed needs and goals and the |
172 | financial resources of the program. Budget allowances shall be |
173 | managed on behalf of participants by the managing entity as the |
174 | fiscal intermediary. The department, in collaboration with the |
175 | statewide advisory council, shall develop purchasing guidelines, |
176 | approved by the agency and the division, to assist participants |
177 | in using the budget allowance to purchase needed, cost-effective |
178 | services. The department shall determine the total amount of |
179 | budget allowances available for each site by calculating the |
180 | average cost to serve eligible participants during the previous |
181 | fiscal year. Individual budget allowances may vary in accordance |
182 | with the participants' approved recovery plans. Funding for |
183 | budget allowances shall be provided through department funding, |
184 | agency funds made available through a waiver of s. 1115 of the |
185 | Social Security Act, 42 U.S.C. s. 1315, and division funds. |
186 | (e) Services.--The managing entity for the FloridaSDC |
187 | program shall use budget allowances to pay for community-based |
188 | services that meet the participant's mental health care and |
189 | vocational rehabilitation needs based on the individual's |
190 | recovery plan goals and that are a cost-efficient use of such |
191 | funds. Such funds shall be considered the payer of last resort |
192 | and must be coordinated with any other benefits for which the |
193 | participant is eligible. |
194 | (f) Participant roles and responsibilities.--Participants |
195 | in the FloridaSDC program shall choose the providers of |
196 | services, as well as when and how the services are provided. The |
197 | roles and responsibilities of participants include, but are not |
198 | limited to, the following: |
199 | 1. Communicating needs, preferences, and expectations |
200 | about services being purchased. |
201 | 2. Ending the services of an unsatisfactory provider. |
202 | 3. Providing the managing entity with all information |
203 | necessary for provider payments. |
204 | (g) Department roles and responsibilities.--The roles and |
205 | responsibilities of the department under the FloridaSDC program |
206 | include, but are not limited to, the following: |
207 | 1. Establishing standards for approval of the managing |
208 | entity. The managing entity may not be a provider of behavioral |
209 | health care services or be a managed care organization. |
210 | 2. Establishing, in consultation with the agency and the |
211 | division, the minimum qualifications for all providers and being |
212 | the final arbiter of the fitness of any individual or |
213 | organization to be a provider. |
214 | 3. Establishing, at the beginning of each fiscal year, the |
215 | number 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 |
218 | under the FloridaSDC program include, but are not limited to, |
219 | the following: |
220 | a. Providing recordkeeping and fiscal processing services |
221 | and providing for an audit by an independent certified public |
222 | accountant annually. |
223 | b. Retaining the participant-directed care funds in |
224 | distinct categories by program subcomponent, processing provider |
225 | enrollment information, if any, reviewing records to ensure |
226 | correctness, making payments to providers for services, ensuring |
227 | timely account activity and balance reporting to participants |
228 | and FloridaSDC program staff, and maintaining district-level |
229 | FloridaSDC service staff. |
230 | c. Contracting recovery coaches who shall provide |
231 | training, technical assistance, and support to participants. The |
232 | managing entity may not provide direct services to participants |
233 | beyond those provided by the recovery coaches and quality |
234 | advocates. |
235 | d. Establishing a provider network. |
236 | e. Providing controls to prevent overspending of budget |
237 | allowances and separate accounting for each program |
238 | subcomponent, and ensuring that funds expended meet all federal |
239 | requirements and purchasing guidelines established by the |
240 | department. |
241 | f. Maintaining each participant's freedom account under s. |
242 | 1110(b) of the Social Security Act. |
243 | g. Assessing each participant's mental health care and |
244 | vocational rehabilitation needs, helping with the recovery plan, |
245 | and providing ongoing support with the recovery plan. |
246 | h. Expediting linkages for FloridaSDC participants to |
247 | other mental health services not available through the program. |
248 | i. Educating each participant about the use of advanced |
249 | medical and psychiatric directives. |
250 | 2. Employees, board members, or owners of the managing |
251 | entity may not serve on boards of mental health care providers |
252 | or any other entity that would result in a conflict of interest. |
253 | (6) LIMITATIONS.--Participants enrolled in the agency |
254 | mental health services subcomponent are excluded from enrollment |
255 | in any program that prepays Medicaid community mental health or |
256 | mental health targeted case management benefits and may not |
257 | access Medicaid reimbursed mental health benefits under a fee- |
258 | for-service program. The vocational rehabilitation subcomponent |
259 | is contingent upon federal legislation allowing for a |
260 | demonstration program that will permit vocational rehabilitation |
261 | funds to flow through the managing entity. Participation in the |
262 | Social Security Administration subcomponent is contingent upon |
263 | federal approval of a demonstration project authorized by a |
264 | waiver. |
265 | (7) ADVISORY COUNCILS.--Local advisory councils shall |
266 | guide the FloridaSDC program in each participating district. |
267 | Each local advisory council shall adhere to the intent of the |
268 | FloridaSDC program to provide choice and control to |
269 | participants. At least 51 percent of the members of the local |
270 | advisory councils shall be participants in the FloridaSDC |
271 | program. A statewide advisory council of at least five and no |
272 | more than nine members shall guide the FloridaSDC program. The |
273 | statewide advisory council shall be comprised of local advisory |
274 | council members. At least 51 percent of the members of the |
275 | statewide advisory council shall be participants in the |
276 | FloridaSDC program. The remaining council memberships shall be |
277 | comprised of adult family members of individuals who have been |
278 | diagnosed with a psychiatric disability. Providers of behavioral |
279 | health care services, or their staff, owners, or board members, |
280 | are not eligible to serve on any advisory council. Members of |
281 | local and statewide advisory councils shall serve without |
282 | compensation but are entitled to reimbursement for travel and |
283 | per diem expenses pursuant to s. 112.061. The department shall |
284 | develop policies and rules regarding appointment, operation, and |
285 | terms of memberships for both the state and local advisory |
286 | councils. The department shall consider requests and |
287 | recommendations from the statewide advisory council for |
288 | improvements to the FloridaSDC program. |
289 | (8) FEDERAL WAIVERS; GRANTS.-- |
290 | (a) The department shall take all necessary action to |
291 | ensure state compliance with federal regulations. The agency, in |
292 | collaboration with the department, shall seek a waiver of s. |
293 | 1115 of the Social Security Act, 42 U.S.C. s. 1315; the |
294 | department shall expeditiously seek any available Supplemental |
295 | Security Administration (SSA) waivers under s. 1110(b) of the |
296 | Social Security Act; and the division, in collaboration with the |
297 | department, shall seek federal approval to participate in the |
298 | FloridaSDC program. |
299 | (b) The department may apply for and use any funds from |
300 | private, state, and federal grants provided for self-directed |
301 | care, voucher, and self-determination programs, including those |
302 | providing substance abuse and mental health care. |
303 | (c) The FloridaSDC program may operate while awaiting |
304 | approval of federal waivers, but the program may not provide |
305 | services for which a waiver is required without first obtaining |
306 | approval for that waiver. |
307 | (9) FUNDS TRANSFER.--The department, the agency, and the |
308 | division may transfer funds as identified in paragraph (5)(a) to |
309 | the managing entity. |
310 | (10) REVIEWS AND REPORTS.--The department, the agency, and |
311 | the division shall each, on an ongoing basis, review and assess |
312 | the implementation of the FloridaSDC program. The department |
313 | shall implement an evaluation of the program through June 2006. |
314 | If the agency obtains a federal waiver, the evaluation shall be |
315 | used to demonstrate effectiveness. The evaluation is considered |
316 | part of administrative funds and cannot be paid for by service |
317 | dollars. Beginning January 31, 2005, the department shall |
318 | biannually submit a written report to the chairs of the |
319 | appropriate substantive committees of the Legislature that |
320 | includes review of the FloridaSDC program by the department, the |
321 | agency, and the division and that contains recommendations for |
322 | improvements to the program. |
323 | (11) RULES.--The department, the agency, and the division |
324 | shall have rulemaking authority to implement the provisions of |
325 | this section. These rules shall be for the purpose of enhancing |
326 | choice in and control over the purchased mental health and |
327 | vocational rehabilitative services accessed by FloridaSDC |
328 | participants. The statewide advisory council and other |
329 | interested stakeholders may participate in the development and |
330 | review of such rules prior to their adoption. |
331 | (12) AUTHORITY.--The department has final authority on and |
332 | responsibility for operation of the FloridaSDC program. |
333 | 394.9503 Family-directed care (FloridaFDC) pilot |
334 | program.-- |
335 | (1) The Department of Children and Family Services shall |
336 | develop a family-directed care (FloridaFDC) pilot program in a |
337 | district selected by the department. The FloridaFDC pilot |
338 | program shall provide mental health treatment and support |
339 | services for children who are at risk of emotional disturbance |
340 | or who have an emotional disturbance or a serious emotional |
341 | disturbance. The FloridaFDC pilot program shall be organized and |
342 | operated in the same manner and intent as the self-directed care |
343 | (FloridaSDC) program established under s. 394.9501. The |
344 | department may use for the FloridaFDC pilot program any funds of |
345 | the FloridaSDC program secured from grants provided for |
346 | substance abuse and mental health services that are designated |
347 | for services to children. |
348 | (2) Participants in the FloridaFDC pilot program shall be |
349 | children who are at risk of emotional disturbance or who have an |
350 | emotional disturbance or a serious emotional disturbance. The |
351 | child must be living at home with his or her family or legal |
352 | guardian in order to participate in the FloridaFDC pilot |
353 | program. |
354 | (a) A child at risk of emotional disturbance is a person |
355 | under 18 years of age who is currently referred for mental |
356 | health treatment in a program for students with emotional |
357 | disabilities in accordance with the Individuals with |
358 | Disabilities Education Act and for whom there are strong |
359 | clinical indicators that in the near future such child will |
360 | require treatment and care from the public mental health care |
361 | system. |
362 | (b) A child with an emotional disturbance is a person |
363 | under 18 years of age who meets one of the following criteria: |
364 | 1. Has a diagnosis listed in the Diagnostic and |
365 | Statistical Manual of the American Psychiatric Association and a |
366 | Children's Global Assessment Scale score of 51-60. |
367 | 2. Is currently classified as a student with an emotional |
368 | disturbance by a local school district. |
369 | (c) A child with a serious emotional disturbance is a |
370 | person under 18 years of age who meets one of the following |
371 | criteria: |
372 | 1. Has a diagnosis of schizophrenia or other psychotic |
373 | disorder, major depression, mood disorder, or personality |
374 | disorder. |
375 | 2. Has a diagnosis listed in the Diagnostic and |
376 | Statistical Manual of the American Psychiatric Association and a |
377 | Children's Global Assessment Scale score of 50 or below. |
378 | 3. Is currently classified as a student with a serious |
379 | emotional 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 |
383 | in the FloridaFDC pilot program: |
384 | (a) Children who are in the custody of the Department of |
385 | Children and Family Services. |
386 | (b) Children with a primary diagnosis of developmental |
387 | disability, pervasive developmental disorder, substance abuse, |
388 | communication disorder, learning disorder, or autism. |
389 | (4) All persons who render care to children under this |
390 | section must comply with the requirements of chapter 435. For |
391 | purposes of this section, a person who has undergone screening, |
392 | who is qualified for employment under this section and |
393 | applicable rules, and who has not been unemployed for more than |
394 | 180 days following such screening is not required to be |
395 | rescreened. Such person must attest under penalty of perjury to |
396 | not having been convicted of a disqualifying offense since |
397 | completing such screening. |
398 | (5) The Department of Children and Family Services, the |
399 | Agency for Health Care Administration, and the Division of |
400 | Vocational Rehabilitation of the Department of Education shall |
401 | have rulemaking authority to implement the provisions of this |
402 | section. These rules shall be for the purpose of enhancing |
403 | choice in and control over the purchased mental health and |
404 | vocational rehabilitative services received by FloridaFDC pilot |
405 | program participants. The statewide advisory council created |
406 | under s. 394.9501 and other interested stakeholders may |
407 | participate in the development and review of such rules prior to |
408 | their adoption. |
409 | (6) The Department of Children and Family Services shall |
410 | submit a report concerning the progress of the FloridaFDC pilot |
411 | program to the appropriate legislative committees by December 1 |
412 | of each year of the pilot program. |
413 | (7) This section is repealed July 1, 2008. |
414 | Section 2. Section 394.9084, Florida Statutes, is |
415 | repealed. |
416 | Section 3. This act shall take effect July 1, 2004. |