HB 5009

1	A bill to be entitled
2	An act relating to substance abuse and mental health
3	services funding; amending s. 394.457, F.S.; deleting
4	provisions authorizing a reimbursement rate of 100 percent
5	by the Department of Children and Family Services for
6	certain services provided under the Baker Act; amending s.
7	394.908, F.S.; revising the funding allocation
8	methodology; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Subsection (3) of section 394.457, Florida
13	Statutes, is amended to read:
14	394.457  Operation and administration.--
15	(3)  POWER TO CONTRACT.--The department may contract to
16	provide, and be provided with, services and facilities in order
17	to carry out its responsibilities under this part with the
18	following agencies: public and private hospitals; receiving and
19	treatment facilities; clinics; laboratories; departments,
20	divisions, and other units of state government; the state
21	colleges and universities; the community colleges; private
22	colleges and universities; counties, municipalities, and any
23	other governmental unit, including facilities of the United
24	States Government; and any other public or private entity which
25	provides or needs facilities or services. Baker Act funds for
26	community inpatient, crisis stabilization, short-term
27	residential treatment, and screening services must be allocated
28	to each county pursuant to the department's funding allocation
29	methodology. Notwithstanding the provisions of s. 287.057(5)(f),
30	contracts for community-based Baker Act services for inpatient,
31	crisis stabilization, short-term residential treatment, and
32	screening provided under this part, other than those with other
33	units of government, to be provided for the department must be
34	awarded using competitive sealed bids when the county commission
35	of the county receiving the services makes a request to the
36	department's district office by January 15 of the contracting
37	year. The district shall not enter into a competitively bid
38	contract under this provision if such action will result in
39	increases of state or local expenditures for Baker Act services
40	within the district. Contracts for these Baker Act services
41	using competitive sealed bids will be effective for 3 years.
42	Services contracted for by the department may be reimbursed by
43	the state at a rate up to 100 percent. The department shall
44	adopt rules establishing minimum standards for such contracted
45	services and facilities and shall make periodic audits and
46	inspections to assure that the contracted services are provided
47	and meet the standards of the department.
48	Section 2.  Section 394.908, Florida Statutes, is amended
49	to read:
50	394.908  Substance abuse and mental health funding equity;
51	distribution of appropriations.--In recognition of the
52	historical inequity among service districts of the former
53	Department of Health and Rehabilitative Services in the funding
54	of substance abuse and mental health services for the
55	department's districts and regions, and in order to rectify this
56	inequity and provide for equitable funding in the future
57	throughout the state, the following funding process shall be
58	used adhered to:
59	(1)  Funding thresholds for substance abuse and mental
60	health services in each of the current districts, statewide,
61	shall be established based on the current number of persons in
62	need per district of substance abuse and mental health services,
63	respectively.
64	(2)  "Persons in need" means those persons who fit the
65	profile of the respective target populations and require mental
66	health or substance abuse services.
67	(3)  Seventy-five percent of Any additional funding beyond
68	the 2005-2006 1996-1997 fiscal year base appropriation for
69	alcohol, drug abuse, and mental health services shall be
70	allocated to districts for substance abuse and mental health
71	services based on:
72	(a)  Epidemiological estimates of disabilities that which
73	apply to the respective target populations.
74	(b)  A pro rata share distribution that ensures districts
75	below the statewide average funding level per person in each
76	target population of "persons in need" receive funding necessary
77	to achieve equity.
78	(4)  The remaining 25 percent shall be allocated based on
79	the number of persons in need of substance abuse and mental
80	health services per district without regard to current funding
81	levels.
82	(4)(5)  Target populations for persons in need shall be
83	displayed for each district and distributed concurrently with
84	the approved operating budget. The display by target population
85	shall show: The annual number of persons served based on prior
86	year actual numbers, the annual cost per person served, the
87	number of persons served by service cost center, and the
88	estimated number of the total target population for persons in
89	need.
90	(5)(6)  The annual cost per person served shall be defined
91	as the total actual funding for each target population divided
92	by the number of persons served in the target population for
93	that year.
94	(7)  Commencing on July 1, 1998, all additional funding
95	pursuant to this section shall be performance-based.
96	(8)  For fiscal year 2004-2005 only, and notwithstanding
97	the provisions of this section, all new funds received in excess
98	of fiscal year 2003-2004 recurring appropriations shall be
99	allocated in accordance with the provisions of the General
100	Appropriations Act; however, no district shall receive an
101	allocation of recurring funds less than its initial approved
102	operating budget, plus any distributions of lump sum
103	appropriations or reductions in unfunded budget, for fiscal year
104	2003-2004. This subsection expires July 1, 2005.
105	Section 3.  This act shall take effect July 1, 2006.

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