Senate Bill sb1286c1
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Florida Senate - 2006 CS for SB 1286
By the Committee on Children and Families; and Senator Lynn
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1 A bill to be entitled
2 An act relating to substance abuse and mental
3 health services; amending s. 394.655, F.S.;
4 revising the duties of the Florida Substance
5 Abuse and Mental Health Corporation; requiring
6 the corporation to ensure the provision of
7 services that promote recovery and
8 resiliency-based systems of care; requiring
9 that certain members appointed to the
10 corporation be primary consumers of mental
11 health or substance abuse services or family
12 members of primary consumers of such services;
13 defining the term "primary consumer"; delaying
14 the date when provisions establishing the
15 corporation are scheduled to expire; amending
16 s. 394.66, F.S.; revising and providing
17 additional legislative intent with respect to
18 the substance abuse and mental health services
19 provided by the Department of Children and
20 Family Services and its providers; requiring
21 that continuity of care be ensured for persons
22 having a mental illness who are released from a
23 state correctional facility; providing an
24 effective date.
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26 Be It Enacted by the Legislature of the State of Florida:
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28 Section 1. Subsections (3), (6), and (11) of section
29 394.655, Florida Statutes, are amended to read:
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Florida Senate - 2006 CS for SB 1286
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1 394.655 The Substance Abuse and Mental Health
2 Corporation; powers and duties; composition; evaluation and
3 reporting requirements.--
4 (3)(a) The Florida Substance Abuse and Mental Health
5 Corporation shall direct efforts designed to improve
6 interagency coordination of substance abuse and mental health
7 services in order to ensure that these services promote
8 recovery and resiliency-based systems of care. The corporation
9 shall provide oversight of the publicly funded substance abuse
10 and mental health systems and make policy and resource
11 recommendations that will promote system transformation by
12 providing mechanisms for input from stakeholders, including
13 primary consumers, family members, providers, and advocates,
14 concerning the management of the overall system, and that be
15 responsible for oversight of the publicly funded substance
16 abuse and mental health systems and for making policy and
17 resources recommendations which will improve the coordination,
18 quality, and efficiency of the system.
19 (b) Subject to and consistent with direction set by
20 the Legislature, the corporation shall exercise the following
21 responsibilities:
22 1. Identify systemic needs for substance abuse and
23 mental health services and for recovery and resiliency-based
24 systems of care.
25 2. Identify specific needs for substance abuse and
26 mental health services and for recovery and resiliency-based
27 systems of care for each state agency that funds, purchases,
28 or provides such services. The corporation shall prepare
29 budget recommendations for submission to the appropriate
30 departments for consideration in the development of their
31 legislative budget requests and shall provide copies to the
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1 Governor, the President of the Senate, and the Speaker of the
2 House of Representative for their consideration.
3 3. Facilitate improved coordination and collaboration
4 among state agencies that fund, purchase, or provide substance
5 abuse or mental health services in order to support recovery
6 and resiliency-based systems of care.
7 4. Identify impediments to implementing recovery and
8 resiliency-based systems of care for substance abuse and
9 mental health programs.
10 1. Review and assess the collection and analysis of
11 needs assessment data as described in s. 394.82.
12 2. Review and assess the status of the publicly funded
13 mental health and substance abuse systems and recommend policy
14 designed to improve coordination and effectiveness.
15 3. Provide mechanisms for substance abuse and mental
16 health stakeholders, including consumers, family members,
17 providers, and advocates to provide input concerning the
18 management of the overall system.
19 4. Recommend priorities for service expansion.
20 5. Prepare budget recommendations to be submitted to
21 the appropriate departments for consideration in the
22 development of their legislative budget requests and provide
23 copies to the Governor, the President of the Senate, and the
24 Speaker of the House of Representatives for their
25 consideration.
26 6. Review data regarding the performance of the
27 publicly funded substance abuse and mental health systems.
28 7. Make recommendations concerning strategies for
29 improving the performance of the systems.
30 8. Review, assess, and forecast substance abuse and
31 mental health manpower needs and work with the department and
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1 the educational system to establish policies, consistent with
2 the direction of the Legislature, which will ensure that the
3 state has the personnel it needs to continuously implement and
4 improve its services.
5 (c)(b) The corporation shall work with the department
6 and the Agency for Health Care Administration to assure, to
7 the maximum extent possible, that Medicaid and
8 department-funded services are delivered in a coordinated
9 manner, using common service definitions, standards, and
10 accountability mechanisms.
11 (d)(c) The corporation shall also work with other
12 agencies of state government which provide, purchase, or fund
13 substance abuse and mental health programs and services in
14 order to work toward fully developed and integrated, when
15 appropriate, substance abuse and mental health systems that
16 reflect current knowledge regarding efficacy and efficiency
17 and use best practices identified within this state or other
18 states.
19 (e)(d) The corporation shall develop memoranda of
20 understanding that describe how it will coordinate with other
21 programmatic areas within the department and with other state
22 agencies that deliver or purchase substance abuse or mental
23 health services.
24 (6)(a) The corporation shall be comprised of 12
25 members, each appointed to a 2-year term, with not more than
26 three subsequent reappointments, except that initial
27 legislative appointments shall be for 3-year terms. Four
28 members shall be appointed by the Governor, four members shall
29 be appointed by the President of the Senate, and four members
30 shall be appointed by the Speaker of the House of
31 Representatives.
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1 1. The four members appointed by the Governor must be
2 prominent community or business leaders, two of whom must have
3 experience and interest in substance abuse and two of whom
4 must have experience and interest in mental health.
5 2. Of the four members appointed by the President of
6 the Senate, one member must represent the perspective of
7 community-based care under chapter 409, one member must be a
8 primary consumer former client or family member of a primary
9 consumer of client of a publicly funded mental health services
10 program, and two members must be prominent community or
11 business leaders, one of whom must have experience and
12 interest in substance abuse and one of whom must have
13 experience and interest in mental health.
14 3. Of the four members appointed by the Speaker of the
15 House of Representatives, one member must be a primary
16 consumer former client or family member of a primary consumer
17 of client of a publicly funded substance abuse services
18 program, one member must represent the perspective of the
19 criminal justice system, and two members must be prominent
20 community or business leaders, one of whom must have
21 experience and interest in substance abuse and one of whom
22 must have experience and interest in mental health. The
23 Secretary of Children and Family Services, or his or her
24 designee, the Secretary of Health Care Administration, or his
25 or her designee, and a representative of local government
26 designated by the Florida Association of Counties shall serve
27 as ex officio members of the corporation.
28 (b) As used in this subsection, the term "primary
29 consumer" means a person who voluntarily identifies himself or
30 herself as a person who is currently receiving, or has in the
31 past received, mental health or substance abuse services from
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1 a public or private provider or agency; who can articulate
2 shared experiences, such as stigmatization, psychotropic
3 medications, suicidal ideation, seclusion or restraint,
4 benefit eligibility, trauma, or violence history, which are
5 similar to the experiences of other persons who have received
6 such services; and who voluntarily acts as an advocate for the
7 improvement of mental health or substance abuse services
8 through his or her vocation or avocation.
9 (c)(b) The corporation shall be chaired by a member
10 designated by the Governor who may not be a public sector
11 employee.
12 (d)(c) Persons who derive their income from resources
13 controlled by the Department of Children and Family Services
14 or the Agency for Health Care Administration may not be
15 members of the corporation.
16 (e)(d) The Governor, the President of the Senate, and
17 the Speaker of the House of Representatives shall make their
18 respective appointments within 60 days after the effective
19 date of this act.
20 (f)(e) A member of the corporation may be removed by
21 the appointing party for cause. Absence from three consecutive
22 meetings shall result in automatic removal. The chairperson of
23 the corporation shall notify the appointing party of such
24 absences.
25 (g)(f) The corporation shall develop bylaws that
26 describe how it will conduct its work.
27 (h)(g) The corporation shall meet at least quarterly
28 and at other times upon the call of its chair. Corporation
29 meetings may be held via teleconference or other electronic
30 means.
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1 (i)(h) A majority of the total current membership of
2 the corporation constitutes a quorum of the corporation. The
3 corporation may only meet and take action when a quorum is
4 present.
5 (j)(i) Within resources appropriated by the
6 Legislature and other funds available to the corporation, the
7 chairperson of the corporation may appoint advisory committees
8 to address and advise the corporation on particular issues
9 within its scope of responsibility. Members of advisory
10 committees are not subject to the prohibition in paragraph
11 (c).
12 (k)(j) Members of the corporation and its committees
13 shall serve without compensation but are entitled to
14 reimbursement for travel and per diem expenses pursuant to s.
15 112.061.
16 (l)(k) Each member of the corporation who is not
17 otherwise required to file a financial disclosure statement
18 pursuant to s. 8, Art. II of the State Constitution or s.
19 112.3144 must file disclosure of financial interests pursuant
20 to s. 112.3145.
21 (11) This section expires on October 1, 2011 2006,
22 unless reviewed and reenacted by the Legislature before that
23 date.
24 Section 2. Section 394.66, Florida Statutes, is
25 amended to read:
26 394.66 Legislative intent with respect to substance
27 abuse and mental health services.--It is the intent of the
28 Legislature to:
29 (1) Ensure that a recovery and resiliency-based
30 substance abuse and mental health system is implemented by the
31 department and its state-funded mental health providers.
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1 (2)(1) Recognize that mental illness and substance
2 abuse impairment are diseases that are responsive to medical
3 and psychological interventions and management that integrate
4 treatment, rehabilitative, and support services to achieve
5 recovery quality and cost-efficient outcomes for clients and
6 for community-based treatment systems.
7 (3)(2) Promote and improve the mental health of the
8 citizens of the state by making substance abuse and mental
9 health treatment and support services available to those
10 persons who are most in need and least able to pay, through a
11 community-based system of care.
12 (4)(3) Involve local citizens in the planning of
13 substance abuse and mental health services in their
14 communities.
15 (5)(4) Ensure that the department and the Agency for
16 Health Care Administration work cooperatively in planning and
17 designing comprehensive community-based substance abuse and
18 mental health programs that focus on the individual needs of
19 persons served clients.
20 (6)(5) Ensure that all activities of the Department of
21 Children and Family Services and the Agency for Health Care
22 Administration, and their respective contract providers,
23 involved in the delivery of substance abuse and mental health
24 treatment and prevention services are coordinated and
25 integrated with other local systems and groups, public and
26 private, such as juvenile justice, criminal justice, child
27 protection, and public health organizations; school districts;
28 and local groups or organizations that focus on services to
29 older adults.
30 (7)(6) Provide access to crisis services to all
31 residents of the state with priority of attention being given
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Florida Senate - 2006 CS for SB 1286
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1 to individuals exhibiting symptoms of acute mental illness or
2 substance abuse.
3 (8)(7) Ensure that services provided to persons with
4 co-occurring mental illness and substance abuse problems be
5 integrated across treatment systems.
6 (9)(8) Ensure continuity of care, consistent with
7 minimum standards, for persons who are released from a state
8 treatment facility into the community.
9 (10) Ensure continuity of care, consistent with
10 minimum standards, for persons with serious and persistent
11 mental illnesses who are released from a state correctional
12 facility into the community.
13 (11)(9) Provide accountability for service provision
14 through statewide standards for treatment and support
15 services, and statewide standards for management, monitoring,
16 and reporting of information.
17 (12)(10) Include substance abuse and mental health
18 services as a component of the integrated service delivery
19 system of the Department of Children and Family Services.
20 (13)(11) Ensure that the districts of the department
21 are the focal point of all substance abuse and mental health
22 planning activities, including budget submissions, grant
23 applications, contracts, and other arrangements that can be
24 effected at the district level.
25 (14)(12) Organize and finance community substance
26 abuse and mental health services in local communities
27 throughout the state through locally administered service
28 delivery programs that are based on client outcomes, are
29 programmatically effective, and are financially efficient, and
30 that maximize the involvement of local citizens.
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1 (15)(13) Promote best practices and the highest
2 quality of care in contracted alcohol, drug abuse, and mental
3 health services through achievement of national accreditation.
4 (16)(14) Ensure that the state agencies licensing and
5 monitoring contracted providers perform in the most
6 cost-efficient and effective manner with limited duplication
7 and disruption to organizations providing services.
8 Section 3. This act shall take effect upon becoming a
9 law.
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11 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
12 SB 1286
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14 Substantially revises the duties of the Substance Abuse and
Mental Health Corporation by consolidating current
15 responsibilities and providing that the activities of the
corporation shall focus on directing efforts to improve
16 interagency coordination of services to support a recovery and
resiliency-based system of care.
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Revises qualifications of the consumer members of the
18 corporation and provides a definition for "primary consumer."
19 Amends legislative intent in part IV of chapter 394, F.S., to
include the implementation of a recovery and resiliency-based
20 system by the Department of Children and Family Services and
to ensure continuity of care for persons with serious mental
21 illnesses being released from correctional programs into the
community.
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