Senate Bill sb0356

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                   SB 356

    By Senator Lynn





    7-378-05

  1                      A bill to be entitled

  2         An act relating to substance abuse treatment;

  3         amending s. 397.311, F.S.; including intensive

  4         inpatient treatment within the service

  5         components provided by a licensed service

  6         provider; defining the term "medical

  7         monitoring"; amending s. 212.055, F.S.,

  8         relating to the county public hospital surtax;

  9         conforming a cross-reference; reenacting ss.

10         397.405(8) and 397.407(1), F.S., relating to

11         treatment providers, to incorporate the

12         amendment to s. 397.311, F.S., in references

13         thereto; amending ss. 397.416 and 440.102,

14         F.S., relating to treatment services and the

15         drug-free workplace program; conforming

16         cross-references; providing an effective date.

17  

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

19  

20         Section 1.  Subsection (18) of section 397.311, Florida

21  Statutes, is amended, present subsections (19) through (29) of

22  that section are redesignated as subsections (20) through

23  (30), respectively, and a new subsection (19) is added to that

24  section, to read:

25         397.311  Definitions.--As used in this chapter, except

26  part VIII:

27         (18)  "Licensed service provider" means a public agency

28  under this chapter, a private for-profit or not-for-profit

29  agency under this chapter, a physician or any other private

30  practitioner licensed under this chapter, or a hospital that

31  

                                  1

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






    Florida Senate - 2005                                   SB 356
    7-378-05




 1  offers substance abuse impairment services through one or more

 2  of the following licensable service components:

 3         (a)  Addictions receiving facility, which is a

 4  community-based facility designated by the department to

 5  receive, screen, and assess clients found to be substance

 6  abuse impaired, in need of emergency treatment for substance

 7  abuse impairment, or impaired by substance abuse to such an

 8  extent as to meet the criteria for involuntary admission in s.

 9  397.675, and to provide detoxification and stabilization.  An

10  addictions receiving facility must be state-owned,

11  state-operated, or state-contracted, and licensed pursuant to

12  rules adopted by the department's Substance Abuse Program

13  Office which include specific authorization for the provision

14  of levels of care and a requirement of separate accommodations

15  for adults and minors. Addictions receiving facilities are

16  designated as secure facilities to provide an intensive level

17  of care and must have sufficient staff and the authority to

18  provide environmental security to handle aggressive and

19  difficult-to-manage behavior and deter elopement.

20         (b)  Detoxification, which uses medical and

21  psychological procedures and a supportive counseling regimen

22  to assist clients in managing toxicity and withdrawing and

23  stabilizing from the physiological and psychological effects

24  of substance abuse impairment.

25         (c)  Intensive inpatient treatment, which includes a

26  planned regimen of professionally directed evaluation,

27  observation, medical monitoring, and clinical protocols

28  provided 24 hours per day, 7 days per week in a highly

29  structured, live-in environment.

30  

31  

                                  2

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






    Florida Senate - 2005                                   SB 356
    7-378-05




 1         (d)(c)  Residential treatment, which provides a

 2  structured, live-in environment within a nonhospital setting

 3  on a 24-hours-a-day, 7-days-a-week basis, and which includes:

 4         1.  Facilities that provide room and board and

 5  treatment and rehabilitation within the primary residential

 6  facility; and

 7         2.  Facilities that are used for room and board only

 8  and in which treatment and rehabilitation activities are

 9  provided on a mandatory basis at locations other than the

10  primary residential facility. In this case, facilities used

11  for room and board and for treatment and rehabilitation are

12  operated under the auspices of the same provider, and

13  licensing and regulatory requirements would apply to both the

14  residential facility and all other facilities in which

15  treatment and rehabilitation activities occur.

16         (e)(d)  Day and night treatment, which provides a

17  nonresidential environment with a structured schedule of

18  treatment and rehabilitation services.

19         (f)(e)  Outpatient treatment, which provides

20  individual, group, or family counseling for clients by

21  appointment during scheduled operating hours, with an emphasis

22  on assessment and treatment.

23         (g)(f)  Medication and methadone maintenance treatment

24  that uses methadone or other medication as authorized by state

25  and federal law, in conjunction with medical, rehabilitative,

26  and counseling services in the treatment of clients who are

27  dependent upon opioid drugs.

28         (h)(g)  Prevention, which is a process involving

29  strategies aimed at the individual, the environment, or the

30  substance, which strategies preclude, forestall, or impede the

31  development of substance abuse problems and promote

                                  3

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






    Florida Senate - 2005                                   SB 356
    7-378-05




 1  responsible personal and social growth of individuals and

 2  families toward full human potential.

 3         (i)(h)  Intervention, which consists of structured

 4  services targeted toward individuals or groups at risk and

 5  focused on reducing those factors associated with the onset or

 6  the early stages of substance abuse, and related problems.

 7         (19)  "Medical monitoring" means oversight and

 8  treatment, 24 hours per day by medical personnel who are

 9  licensed under chapter 458, chapter 459, or chapter 464, of

10  clients whose subacute biomedical, emotional, psychosocial,

11  behavioral, or cognitive problems are so severe that the

12  clients require intensive inpatient treatment by an

13  interdisciplinary team.

14         Section 2.  Paragraph (e) of subsection (5) of section

15  212.055, Florida Statutes, is amended to read:

16         212.055  Discretionary sales surtaxes; legislative

17  intent; authorization and use of proceeds.--It is the

18  legislative intent that any authorization for imposition of a

19  discretionary sales surtax shall be published in the Florida

20  Statutes as a subsection of this section, irrespective of the

21  duration of the levy.  Each enactment shall specify the types

22  of counties authorized to levy; the rate or rates which may be

23  imposed; the maximum length of time the surtax may be imposed,

24  if any; the procedure which must be followed to secure voter

25  approval, if required; the purpose for which the proceeds may

26  be expended; and such other requirements as the Legislature

27  may provide.  Taxable transactions and administrative

28  procedures shall be as provided in s. 212.054.

29         (5)  COUNTY PUBLIC HOSPITAL SURTAX.--Any county as

30  defined in s. 125.011(1) may levy the surtax authorized in

31  this subsection pursuant to an ordinance either approved by

                                  4

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






    Florida Senate - 2005                                   SB 356
    7-378-05




 1  extraordinary vote of the county commission or conditioned to

 2  take effect only upon approval by a majority vote of the

 3  electors of the county voting in a referendum.  In a county as

 4  defined in s. 125.011(1), for the purposes of this subsection,

 5  "county public general hospital" means a general hospital as

 6  defined in s. 395.002 which is owned, operated, maintained, or

 7  governed by the county or its agency, authority, or public

 8  health trust.

 9         (e)  A governing board, agency, or authority shall be

10  chartered by the county commission upon this act becoming law.

11  The governing board, agency, or authority shall adopt and

12  implement a health care plan for indigent health care

13  services.  The governing board, agency, or authority shall

14  consist of no more than seven and no fewer than five members

15  appointed by the county commission.  The members of the

16  governing board, agency, or authority shall be at least 18

17  years of age and residents of the county.  No member may be

18  employed by or affiliated with a health care provider or the

19  public health trust, agency, or authority responsible for the

20  county public general hospital. The following community

21  organizations shall each appoint a representative to a

22  nominating committee:  the South Florida Hospital and

23  Healthcare Association, the Miami-Dade County Public Health

24  Trust, the Dade County Medical Association, the Miami-Dade

25  County Homeless Trust, and the Mayor of Miami-Dade County.

26  This committee shall nominate between 10 and 14 county

27  citizens for the governing board, agency, or authority.  The

28  slate shall be presented to the county commission and the

29  county commission shall confirm the top five to seven

30  nominees, depending on the size of the governing board.  Until

31  such time as the governing board, agency, or authority is

                                  5

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






    Florida Senate - 2005                                   SB 356
    7-378-05




 1  created, the funds provided for in subparagraph (d)2. shall be

 2  placed in a restricted account set aside from other county

 3  funds and not disbursed by the county for any other purpose.

 4         1.  The plan shall divide the county into a minimum of

 5  four and maximum of six service areas, with no more than one

 6  participant hospital per service area. The county public

 7  general hospital shall be designated as the provider for one

 8  of the service areas.  Services shall be provided through

 9  participants' primary acute care facilities.

10         2.  The plan and subsequent amendments to it shall fund

11  a defined range of health care services for both indigent

12  persons and the medically poor, including primary care,

13  preventive care, hospital emergency room care, and hospital

14  care necessary to stabilize the patient. For the purposes of

15  this section, "stabilization" means stabilization as defined

16  in s. 397.311(30) s. 397.311(29). Where consistent with these

17  objectives, the plan may include services rendered by

18  physicians, clinics, community hospitals, and alternative

19  delivery sites, as well as at least one regional referral

20  hospital per service area. The plan shall provide that

21  agreements negotiated between the governing board, agency, or

22  authority and providers shall recognize hospitals that render

23  a disproportionate share of indigent care, provide other

24  incentives to promote the delivery of charity care to draw

25  down federal funds where appropriate, and require cost

26  containment, including, but not limited to, case management.

27  From the funds specified in subparagraphs (d)1. and 2. for

28  indigent health care services, service providers shall receive

29  reimbursement at a Medicaid rate to be determined by the

30  governing board, agency, or authority created pursuant to this

31  paragraph for the initial emergency room visit, and a

                                  6

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






    Florida Senate - 2005                                   SB 356
    7-378-05




 1  per-member per-month fee or capitation for those members

 2  enrolled in their service area, as compensation for the

 3  services rendered following the initial emergency visit.

 4  Except for provisions of emergency services, upon

 5  determination of eligibility, enrollment shall be deemed to

 6  have occurred at the time services were rendered. The

 7  provisions for specific reimbursement of emergency services

 8  shall be repealed on July 1, 2001, unless otherwise reenacted

 9  by the Legislature. The capitation amount or rate shall be

10  determined prior to program implementation by an independent

11  actuarial consultant. In no event shall such reimbursement

12  rates exceed the Medicaid rate. The plan must also provide

13  that any hospitals owned and operated by government entities

14  on or after the effective date of this act must, as a

15  condition of receiving funds under this subsection, afford

16  public access equal to that provided under s. 286.011 as to

17  any meeting of the governing board, agency, or authority the

18  subject of which is budgeting resources for the retention of

19  charity care, as that term is defined in the rules of the

20  Agency for Health Care Administration. The plan shall also

21  include innovative health care programs that provide

22  cost-effective alternatives to traditional methods of service

23  and delivery funding.

24         3.  The plan's benefits shall be made available to all

25  county residents currently eligible to receive health care

26  services as indigents or medically poor as defined in

27  paragraph (4)(d).

28         4.  Eligible residents who participate in the health

29  care plan shall receive coverage for a period of 12 months or

30  the period extending from the time of enrollment to the end of

31  

                                  7

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






    Florida Senate - 2005                                   SB 356
    7-378-05




 1  the current fiscal year, per enrollment period, whichever is

 2  less.

 3         5.  At the end of each fiscal year, the governing

 4  board, agency, or authority shall prepare an audit that

 5  reviews the budget of the plan, delivery of services, and

 6  quality of services, and makes recommendations to increase the

 7  plan's efficiency.  The audit shall take into account

 8  participant hospital satisfaction with the plan and assess the

 9  amount of poststabilization patient transfers requested, and

10  accepted or denied, by the county public general hospital.

11         Section 3.  For the purpose of incorporating the

12  amendment made by this act to section 397.311, Florida

13  Statutes, in a reference thereto, subsection (8) of section

14  397.405, Florida Statutes, is reenacted to read:

15         397.405  Exemptions from licensure.--The following are

16  exempt from the licensing provisions of this chapter:

17         (8)  An established and legally cognizable church or

18  nonprofit religious organization or denomination providing

19  substance abuse services, including prevention services, which

20  are exclusively religious, spiritual, or ecclesiastical in

21  nature.  A church or nonprofit religious organization or

22  denomination providing any of the licensable service

23  components itemized under s. 397.311(18) is not exempt for

24  purposes of its provision of such licensable service

25  components but retains its exemption with respect to all

26  services which are exclusively religious, spiritual, or

27  ecclesiastical in nature.

28         Section 4.  For the purpose of incorporating the

29  amendment made by this act to section 397.311, Florida

30  Statutes, in a reference thereto, subsection (1) of section

31  397.407, Florida Statutes, is reenacted to read:

                                  8

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






    Florida Senate - 2005                                   SB 356
    7-378-05




 1         397.407  Licensure fees.--

 2         (1)  The department shall establish licensure fees by

 3  rule.  The rule must prescribe a fee range that is based, at

 4  least in part, on the number and complexity of programs listed

 5  in s. 397.311(18) which are operated by a licensee.  The fee

 6  range must be implemented over a 5-year period.  The fee

 7  schedule for licensure of service components must be increased

 8  annually in substantially equal increments so that, by July 1,

 9  1998, the fees from the licensure of service components are

10  sufficient to cover at least 50 percent of the costs of

11  regulating the service components.  The department shall

12  specify by rule a fee range and phase-in plan for privately

13  funded licensed service providers and a fee range and phase-in

14  plan for publicly funded licensed service providers.  Fees for

15  privately funded licensed service providers must exceed the

16  fees for publicly funded licensed service providers.  The

17  first year phase-in licensure fees must be at least $150 per

18  initial license. The rule must provide for a reduction in

19  licensure fees for licensed service providers who hold more

20  than one license.

21         Section 5.  Subsection (2) of section 397.416, Florida

22  Statutes, is amended to read:

23         397.416  Substance abuse treatment services; qualified

24  professional.--

25         (2)  Notwithstanding any other provision of law, a

26  person who was certified through a certification process

27  recognized by the former Department of Health and

28  Rehabilitative Services before January 1, 1995, may perform

29  the duties of a qualified professional with respect to

30  substance abuse treatment services as defined in this chapter,

31  

                                  9

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






    Florida Senate - 2005                                   SB 356
    7-378-05




 1  and need not meet the certification requirements contained in

 2  s. 397.311(25) s. 397.311(24).

 3         Section 6.  Paragraphs (d) and (g) of subsection (1) of

 4  section 440.102, Florida Statutes, are amended to read:

 5         440.102  Drug-free workplace program requirements.--The

 6  following provisions apply to a drug-free workplace program

 7  implemented pursuant to law or to rules adopted by the Agency

 8  for Health Care Administration:

 9         (1)  DEFINITIONS.--Except where the context otherwise

10  requires, as used in this act:

11         (d)  "Drug rehabilitation program" means a service

12  provider, established pursuant to s. 397.311(28) s.

13  397.311(27), that provides confidential, timely, and expert

14  identification, assessment, and resolution of employee drug

15  abuse.

16         (g)  "Employee assistance program" means an established

17  program capable of providing expert assessment of employee

18  personal concerns; confidential and timely identification

19  services with regard to employee drug abuse; referrals of

20  employees for appropriate diagnosis, treatment, and

21  assistance; and followup services for employees who

22  participate in the program or require monitoring after

23  returning to work. If, in addition to the above activities, an

24  employee assistance program provides diagnostic and treatment

25  services, these services shall in all cases be provided by

26  service providers pursuant to s. 397.311(28) s. 397.311(27).

27         Section 7.  This act shall take effect July 1, 2005.

28  

29  

30  

31  

                                  10

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






    Florida Senate - 2005                                   SB 356
    7-378-05




 1            *****************************************

 2                          SENATE SUMMARY

 3    For purposes of laws governing substance abuse treatment,
      redefines the term "licensed service provider" to include
 4    the service components of intensive inpatient treatment
      and defines the term "medical monitoring."
 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  11

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