Senate Bill sb1852

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    Florida Senate - 2005                                  SB 1852

    By Senator Wise





    5-741B-05

  1                      A bill to be entitled

  2         An act relating to specialty behavioral health

  3         care providers; amending s. 394.4574, F.S.;

  4         authorizing the Agency for Health Care

  5         Administration to establish a demonstration

  6         project in certain counties in order to

  7         determine the benefits of developing a

  8         specialty behavioral health care provider to

  9         deliver behavioral health services to persons

10         who reside in an assisted living facility that

11         holds a limited mental health license;

12         authorizing the agency to create an advisory

13         committee; defining the term "specialty

14         behavioral health care provider"; providing the

15         requirements for the specialty behavioral

16         health care provider demonstration project;

17         providing that certain specialty behavioral

18         health care providers may seek and develop

19         cooperative agreements with administrators of

20         certain assisted living facilities; authorizing

21         the agency to seek federal waivers to implement

22         an alternative prepaid behavioral health care

23         plan under certain conditions; authorizing the

24         agency to implement the demonstration project

25         and the advisory committee to complete work;

26         providing for an independent evaluation;

27         requiring that a report be submitted to the

28         Legislature; authorizing the agency to seek a

29         waiver or approval for an amendment to a waiver

30         for the purpose of addressing needs of

31         individuals who reside in certain assisted

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    Florida Senate - 2005                                  SB 1852
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 1         living facilities; requiring the agency to

 2         establish a workgroup for the purpose of

 3         preparing an amendment to a waiver; providing

 4         requirements for the amendment; requiring the

 5         Office of Program Policy Analysis and

 6         Government Accountability to conduct an

 7         evaluation; requiring the agency to implement

 8         the waiver amendment; prohibiting the waiver

 9         amendment from increasing costs to the Medicaid

10         program; providing an effective date.

11  

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

13  

14         Section 1.  Subsections (4), (5), (6), (7), (8), (9),

15  and (10) are added to section 394.4574, Florida Statutes, to

16  read:

17         394.4574  Department responsibilities for a mental

18  health resident who resides in an assisted living facility

19  that holds a limited mental health license.--

20         (4)  The Agency for Health Care Administration may

21  establish a demonstration project within Duval, Nassau, Pasco,

22  Pinellas, Lee, Volusia, Putnam, Charlotte, Hillsborough, Dade,

23  Sarasota, Broward, Brevard, Orange, Santa Rosa, Collier, and

24  Palm Beach Counties for the purpose of developing

25  evidence-based practices in the delivery of state-funded

26  behavioral health care services and support through the use of

27  specialty behavioral health care providers to persons who

28  reside in assisted living facilities that hold a limited

29  mental health license.

30         (5)(a)  The agency may create an advisory committee to

31  make recommendations to the Agency for Health Care

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    Florida Senate - 2005                                  SB 1852
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 1  Administration and the Department of Children and Family

 2  Services for the demonstration project that may be developed

 3  by the Agency for Health Care Administration, in consultation

 4  with the Department of Children and Families Services. The

 5  advisory committee shall solicit input from stakeholders,

 6  residents, facility administrators, and advocates relative to

 7  standards, criteria, and the array of services that will be

 8  included.

 9         (b)  The members of the advisory committee shall

10  include local community partners, including residents,

11  advocates, private and publicly funded behavioral health care

12  providers, representatives of the Agency for Health Care

13  Administration and the Department of Children and Family

14  Services, and facility administrators selected by the agency.

15  Other representatives may include the following:

16         1.  One person who is a member of the Florida

17  Psychiatric Society, selected by the society;

18         2.  One person who is a member of the Florida Council

19  for Behavioral Health, selected by the council;

20         3.  One person who is a member of the National Alliance

21  for the Mentally Ill, selected by the state affiliate;

22         4.  One person who is a member of the Florida Assisted

23  Living Affiliation, selected by the affiliation; and

24         5.  One person who is a member of the local advocacy

25  council, selected by the local council.

26  

27  Each member or representative on the advisory committee must

28  serve at his or her own expense.

29         (c)  The advisory committee shall establish goals,

30  elect a chairperson, and be governed by the latest edition of

31  Roberts Rules of Order. The chairperson shall direct the work

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    Florida Senate - 2005                                  SB 1852
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 1  of the advisory committee and may appoint subcommittees as

 2  deemed appropriate by the chairperson. In addition, the

 3  chairperson shall be responsible for ensuring that minutes of

 4  meetings are kept and community input is solicited. The

 5  meetings shall convene upon the call of the chairperson.

 6         (6)(a)  For the purposes of this demonstration project,

 7  the term "specialty behavioral health care provider" means a

 8  public or private behavioral health care entity, provider, or

 9  organization or coalition of providers which holds a contract

10  with the Department of Children and Family Services and can

11  offer a full array of state-funded behavioral health care

12  services to residents who live in state-licensed assisted

13  living facilities that hold a limited mental health license in

14  the counties of Duval, Nassau, Pasco, Pinellas, Lee, Volusia,

15  Putnam, Charlotte, Hillsborough, Dade, Sarasota, Broward,

16  Brevard, Orange, Santa Rosa, Collier, or Palm Beach. The

17  services that are provided on a fee-for-service basis shall be

18  provided directly by the specialty behavioral health care

19  provider. For the purpose of this demonstration project, the

20  Department of Children and Family Services shall allow private

21  providers the opportunity to seek a contract with the

22  department in order to compete and provide state-funded

23  behavioral health care services.

24         (b)  In constructing the requirements for the specialty

25  behavioral health care provider demonstration project, the

26  Agency for Health Care Administration and the Department of

27  Children and Family Services shall ensure that the providers

28  develop and implement a plan to ensure the provision of the

29  services and requirements referenced under this section. The

30  demonstration project shall include requirements for intensive

31  case-management services, provisions for on-call case

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    Florida Senate - 2005                                  SB 1852
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 1  managers, and vocational support services, and shall include a

 2  requirement for the development of evidence-based models and

 3  practices in the delivery of community-based behavioral health

 4  care services which include strategies for reducing the use of

 5  state-funded inpatient psychiatric care. These models should

 6  demonstrate new approaches and allow for maximum input from

 7  consumers, family members, and facility administrators.

 8  Services provided under the demonstration project shall be

 9  provided on a fee-for-service basis for residents who are not

10  eligible for Medicaid and must be cost-neutral for the Agency

11  for Health Care Administration and for the Department of

12  Children and Family Services. The Agency for Health Care

13  Administration, in consultation with the Department of

14  Children and Family Services, shall use a

15  request-for-information process for the purpose of procurement

16  and to ensure competition and choice.

17         (c)  For Medicaid-eligible residents who live in

18  assisted living facilities that hold a limited mental health

19  license in the counties of Duval, Nassau, Pasco, Pinellas,

20  Lee, Volusia, Putnam, Charlotte, Hillsborough, Dade, Sarasota,

21  Broward, Brevard, Orange, Santa Rosa, Collier, or Palm Beach

22  and are enrolled in the MediPass program under a

23  fee-for-service arrangement for the provision of

24  Medicaid-funded behavioral health care services, the

25  Department of Children and Family Services and the Agency for

26  Health Care Administration shall allow any behavioral health

27  care provider in the counties referenced under this section

28  which meets the eligibility requirements for this

29  demonstration project to become a specialty behavioral health

30  care provider, including a nonprofit or private behavioral

31  

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    Florida Senate - 2005                                  SB 1852
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 1  health care provider, organization, or entity or coalition of

 2  providers.

 3         (d)  Each eligible specialty behavioral health care

 4  provider that is qualified under the requirements of the

 5  demonstration project may seek and develop cooperative

 6  agreements with administrators of assisted living facilities

 7  that hold a limited mental health license in the counties of

 8  Duval, Nassau, Pasco, Pinellas, Lee, Volusia, Putnam,

 9  Charlotte, Hillsborough, Dade, Sarasota, Broward, Brevard,

10  Orange, Santa Rosa, Collier, or Palm Beach. The cooperative

11  agreement shall be for a minimum of 1 year during the course

12  of the demonstration project and shall be binding on both

13  parties for the duration of the agreement. The cooperative

14  agreement must include provisions that promote the development

15  of evidence-based practices and models as outlined in the

16  procurement document for the project. For the purposes of this

17  demonstration project, the provisions of the cooperative

18  agreement shall be focused on improving the coordination of

19  services, improved communication, detailed protocols that

20  relate to the supervision of the clinical needs of the

21  residents, and all other provisions required by law.

22         (7)  If the Agency for Health Care Administration

23  implements a prepaid behavioral health care plan in the

24  counties of Duval, Nassau, Pasco, Pinellas, Lee, Volusia,

25  Putnam, Charlotte, Hillsborough, Dade, Sarasota, Broward,

26  Brevard, Orange, Santa Rosa, Collier, or Palm Beach, the

27  Agency for Health Care Administration may seek federal waivers

28  to implement an alternative prepaid behavioral health care

29  plan in the counties of Duval, Nassau, Pasco, Pinellas, Lee,

30  Volusia, Putnam, Charlotte, Hillsborough, Dade, Sarasota,

31  Broward, Brevard, Orange, Santa Rosa, Collier, or Palm Beach

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    Florida Senate - 2005                                  SB 1852
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 1  in order to demonstrate innovation and develop evidence-based

 2  practices that will improve the coordination, satisfaction,

 3  and delivery of all state-funded behavioral health care

 4  services to residents that live in assisted living facilities

 5  that hold a limited mental health license. The Agency for

 6  Health Care Administration, in developing the alternative

 7  prepaid program for persons who reside in assisted living

 8  facilities that hold a limited mental health license in the

 9  counties of Duval, Nassau, Pasco, Pinellas, Lee, Volusia,

10  Putnam, Charlotte, Hillsborough, Dade, Sarasota, Broward,

11  Brevard, Orange, Santa Rosa, Collier, or Palm Beach, shall

12  include provisions that ensure that the demonstration

13  capitation rate is based on no more than 90 percent of the

14  historic service utilization from the fee-for-service base,

15  shall include all outpatient state-funded behavioral health

16  care services and inpatient psychiatric services and shall

17  exempt medications. The Department of Children and Family

18  Services shall calculate a rate for the nonMedicaid residents

19  served in the demonstration area and shall ensure that the

20  capitation rate does not result in the displacement of

21  residents and is consistent with each resident's right of

22  access to adequate and appropriate health care under s.

23  400.428.

24         (8)  The demonstration project may be implemented by

25  the Agency for Health Care Administration at the direction of

26  the agency Secretary. When the Secretary of Health Care

27  Administration authorizes implementation of the demonstration

28  project, the project shall continue for at least 3 years

29  following the date of implementation. The advisory committee

30  shall complete its work at the end of the 3-year period.

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    Florida Senate - 2005                                  SB 1852
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 1         (9)  The Office of Program Policy Analysis and

 2  Government Accountability shall conduct an evaluation of the

 3  demonstration project at the end of the first year and a

 4  review at the end of the 3-year period. The evaluation must

 5  assess the recidivism of residents from each assisted living

 6  facility that holds a limited mental health license to the

 7  inpatient hospital setting, improvement in resident behavioral

 8  health outcomes, resident satisfaction with care, improvements

 9  in program competencies and linkages, increased tenure of

10  case-management relationships with residents, and

11  implementation of meaningful plans of recovery. Following the

12  evaluation and review, the office shall prepare a report and

13  submit a copy to the President of the Senate and the Speaker

14  of the House of Representatives in a timely manner.

15         (10)  The Agency for Health Care Administration may

16  seek the necessary federal waivers or approval to amend a

17  current waiver for the purpose of addressing the needs of

18  individuals who reside in an assisted living facility that

19  holds a limited mental health license. The agency shall

20  establish a workgroup to assist in the preparation and

21  development of the amendment to the waiver to provide input

22  and information relevant to the completion and successful

23  submission of an amendment. The amendment must address the

24  needs of certain individuals that reside in state-licensed

25  assisted living facilities that hold a limited mental health

26  license. The amendment must provide for a mechanism by which

27  those individuals having increased medical needs who are under

28  the age of 65 and meet certain criteria would be eligible

29  based on the availability of funding for additional services

30  that would enable these individuals to remain as a resident in

31  an assisted living facility that holds a limited mental health

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    Florida Senate - 2005                                  SB 1852
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 1  license. The Office of Program Policy Analysis and Government

 2  Accountability shall conduct an evaluation of the waiver

 3  amendment after the first year of implementation. The

 4  evaluation shall assess whether the amendment to the waiver

 5  and the services provided have reduced, delayed, or otherwise

 6  improved the ability of the assisted living facility to

 7  retrain individuals who otherwise would have been homeless or

 8  placed in an institutional setting. The agency shall implement

 9  the waiver and serve 400 individuals who meet the criteria and

10  reside in an assisted living facility that holds a limited

11  mental health license in the counties of Duval, Nassau, Pasco,

12  Sarasota, Putnam, Volusia, Dade, Charlotte, Santa Rosa,

13  Collier, Palm Beach, or Lee. The agency shall implement the

14  waiver amendment upon approval from appropriate federal

15  agencies and access to available funding. The waiver amendment

16  may not increase costs to the Medicaid program and must

17  demonstrate savings.

18         Section 2.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                                  SB 1852
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Authorizes the Agency for Health Care Administration to
      establish a demonstration project in certain counties in
 4    order to determine the benefits of developing a specialty
      behavioral health care provider to deliver behavioral
 5    health services to persons who reside in an assisted
      living facility that holds a limited mental health
 6    license. Authorizes the agency to create an advisory
      committee. Provides the requirements for the specialty
 7    behavioral health care provider demonstration project.
      Provides that certain specialty behavioral health care
 8    providers may seek and develop cooperative agreements
      with administrators of certain assisted living
 9    facilities. Authorizes the agency to seek federal waivers
      to implement an alternative prepaid behavioral health
10    care plan under certain conditions. Authorizes the agency
      to implement the demonstration project and the advisory
11    committee to complete work by a specific date. Requires
      that a report be submitted to the Legislature. Authorizes
12    the agency to seek a waiver or approval for an amendment
      to a waiver for the purpose of addressing needs of
13    individuals who reside in certain assisted living
      facilities. Requires the agency to establish a workgroup
14    for the purpose of preparing an amendment to a waiver.
      Requires the Office of Program Policy Analysis and
15    Government Accountability to conduct an evaluation.
      Prohibits the waiver amendment from increasing costs to
16    the Medicaid program.

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