HB 0619

CS

CHAMBER ACTION

1	The Health Care Appropriations Committee recommends the
2	following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to substance abuse and mental health
8	services; amending s. 394.655, F.S.; revising the duties
9	of the Florida Substance Abuse and Mental Health
10	Corporation; requiring the corporation to ensure the
11	provision of services that promote recovery and
12	resiliency-based systems of care; requiring that certain
13	members appointed to the corporation be primary consumers
14	of mental health or substance abuse services or family
15	members of primary consumers of such services; defining
16	the term "primary consumer"; delaying the date when
17	provisions establishing the corporation are scheduled to
18	expire; amending s. 394.66, F.S.; revising and providing
19	additional legislative intent with respect to the
20	substance abuse and mental health services provided by the
21	Department of Children and Family Services and its
22	providers and continuity of care for persons having a
23	mental illness who are released from a state correctional
24	facility; providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Subsections (3), (6), and (11) of section
29	394.655, Florida Statutes, are amended to read:
30	394.655  The Substance Abuse and Mental Health Corporation;
31	powers and duties; composition; evaluation and reporting
32	requirements.--
33	(3)(a)  The Florida Substance Abuse and Mental Health
34	Corporation shall direct efforts designed to improve interagency
35	coordination of substance abuse and mental health services in
36	order to ensure that these services promote recovery and
37	resiliency-based systems of care. The corporation shall provide
38	oversight of the publicly funded substance abuse and mental
39	health systems and make policy and resource recommendations that
40	will promote system transformation by providing mechanisms for
41	input from stakeholders, including primary consumers, family
42	members, providers, and advocates, concerning the management of
43	the overall system, and that be responsible for oversight of the
44	publicly funded substance abuse and mental health systems and
45	for making policy and resources recommendations which will
46	improve the coordination, quality, and efficiency of the system.
47	(b)  Subject to and consistent with direction set by the
48	Legislature, the corporation shall exercise the following
49	responsibilities:
50	1.  Identify systemic needs for substance abuse and mental
51	health services and for recovery and resiliency-based systems of
52	care.
53	2.  Identify specific needs for substance abuse and mental
54	health services and for recovery and resiliency-based systems of
55	care for each state agency that funds, purchases, or provides
56	such services.
57	3.  Facilitate improved coordination and collaboration
58	among state agencies that fund, purchase, or provide substance
59	abuse or mental health services in order to support recovery and
60	resiliency-based systems of care.
61	4.  Identify impediments to implementing recovery and
62	resiliency-based systems of care for substance abuse and mental
63	health programs.
64	1.  Review and assess the collection and analysis of needs
65	assessment data as described in s. 394.82.
66	2.  Review and assess the status of the publicly funded
67	mental health and substance abuse systems and recommend policy
68	designed to improve coordination and effectiveness.
69	3.  Provide mechanisms for substance abuse and mental
70	health stakeholders, including consumers, family members,
71	providers, and advocates to provide input concerning the
72	management of the overall system.
73	4.  Recommend priorities for service expansion.
74	5.  Prepare budget recommendations to be submitted to the
75	appropriate departments for consideration in the development of
76	their legislative budget requests and provide copies to the
77	Governor, the President of the Senate, and the Speaker of the
78	House of Representatives for their consideration.
79	6.  Review data regarding the performance of the publicly
80	funded substance abuse and mental health systems.
81	7.  Make recommendations concerning strategies for
82	improving the performance of the systems.
83	8.  Review, assess, and forecast substance abuse and mental
84	health manpower needs and work with the department and the
85	educational system to establish policies, consistent with the
86	direction of the Legislature, which will ensure that the state
87	has the personnel it needs to continuously implement and improve
88	its services.
89	(c)(b)  The corporation shall work with the department and
90	the Agency for Health Care Administration to assure, to the
91	maximum extent possible, that Medicaid and department-funded
92	services are delivered in a coordinated manner, using common
93	service definitions, standards, and accountability mechanisms.
94	(d)(c)  The corporation shall also work with other agencies
95	of state government which provide, purchase, or fund substance
96	abuse and mental health programs and services in order to work
97	toward fully developed and integrated, when appropriate,
98	substance abuse and mental health systems that reflect current
99	knowledge regarding efficacy and efficiency and use best
100	practices identified within this state or other states.
101	(e)(d)  The corporation shall develop memoranda of
102	understanding that describe how it will coordinate with other
103	programmatic areas within the department and with other state
104	agencies that deliver or purchase substance abuse or mental
105	health services.
106	(6)(a)  The corporation shall be comprised of 12 members,
107	each appointed to a 2-year term, with not more than three
108	subsequent reappointments, except that initial legislative
109	appointments shall be for 3-year terms. Four members shall be
110	appointed by the Governor, four members shall be appointed by
111	the President of the Senate, and four members shall be appointed
112	by the Speaker of the House of Representatives.
113	1.  The four members appointed by the Governor must be
114	prominent community or business leaders, two of whom must have
115	experience and interest in substance abuse and two of whom must
116	have experience and interest in mental health.
117	2.  Of the four members appointed by the President of the
118	Senate, one member must represent the perspective of community-
119	based care under chapter 409, one member must be a primary
120	consumer former client or family member of a primary consumer of
121	client of a publicly funded mental health services program, and
122	two members must be prominent community or business leaders, one
123	of whom must have experience and interest in substance abuse and
124	one of whom must have experience and interest in mental health.
125	3.  Of the four members appointed by the Speaker of the
126	House of Representatives, one member must be a primary consumer
127	former client or family member of a primary consumer of client
128	of a publicly funded substance abuse services program, one
129	member must represent the perspective of the criminal justice
130	system, and two members must be prominent community or business
131	leaders, one of whom must have experience and interest in
132	substance abuse and one of whom must have experience and
133	interest in mental health. The Secretary of Children and Family
134	Services, or his or her designee, the Secretary of Health Care
135	Administration, or his or her designee, and a representative of
136	local government designated by the Florida Association of
137	Counties shall serve as ex officio members of the corporation.
138	(b)  As used in this subsection, the term "primary
139	consumer" means a person who voluntarily identifies himself or
140	herself as a person who is currently receiving, or has in the
141	past received, mental health or substance abuse services from a
142	public or private provider or agency; who can articulate shared
143	experiences, such as stigmatization, psychotropic medications,
144	suicidal ideation, seclusion or restraint, benefit eligibility,
145	trauma, or violence history, which are similar to the
146	experiences of other persons who have received such services;
147	and who voluntarily acts as an advocate for the improvement of
148	mental health or substance abuse services through his or her
149	vocation or avocation.
150	(c)(b)  The corporation shall be chaired by a member
151	designated by the Governor who may not be a public sector
152	employee.
153	(d)(c)  Persons who derive their income from resources
154	controlled by the Department of Children and Family Services or
155	the Agency for Health Care Administration may not be members of
156	the corporation.
157	(e)(d)  The Governor, the President of the Senate, and the
158	Speaker of the House of Representatives shall make their
159	respective appointments within 60 days after the effective date
160	of this act.
161	(f)(e)  A member of the corporation may be removed by the
162	appointing party for cause. Absence from three consecutive
163	meetings shall result in automatic removal. The chairperson of
164	the corporation shall notify the appointing party of such
165	absences.
166	(g)(f)  The corporation shall develop bylaws that describe
167	how it will conduct its work.
168	(h)(g)  The corporation shall meet at least quarterly and
169	at other times upon the call of its chair. Corporation meetings
170	may be held via teleconference or other electronic means.
171	(i)(h)  A majority of the total current membership of the
172	corporation constitutes a quorum of the corporation. The
173	corporation may only meet and take action when a quorum is
174	present.
175	(j)(i)  Within resources appropriated by the Legislature
176	and other funds available to the corporation, the chairperson of
177	the corporation may appoint advisory committees to address and
178	advise the corporation on particular issues within its scope of
179	responsibility. Members of advisory committees are not subject
180	to the prohibition in paragraph (d) (c).
181	(k)(j)  Members of the corporation and its committees shall
182	serve without compensation but are entitled to reimbursement for
183	travel and per diem expenses pursuant to s. 112.061.
184	(l)(k)  Each member of the corporation who is not otherwise
185	required to file a financial disclosure statement pursuant to s.
186	8, Art. II of the State Constitution or s. 112.3144 must file
187	disclosure of financial interests pursuant to s. 112.3145.
188	(11)  This section expires on October 1, 2011 2006, unless
189	reviewed and reenacted by the Legislature before that date.
190	Section 2.  Section 394.66, Florida Statutes, is amended to
191	read:
192	394.66  Legislative intent with respect to substance abuse
193	and mental health services.--It is the intent of the Legislature
194	to:
195	(1)  Ensure that a recovery and resiliency-based substance
196	abuse and mental health system is implemented by the department
197	and its state-funded mental health providers.
198	(2)(1)  Recognize that mental illness and substance abuse
199	impairment are diseases that are responsive to medical and
200	psychological interventions and management that integrate
201	treatment, rehabilitative, and support services to achieve
202	recovery quality and cost-efficient outcomes for clients and for
203	community-based treatment systems.
204	(3)(2)  Promote and improve the mental health of the
205	citizens of the state by making substance abuse and mental
206	health treatment and support services available to those persons
207	who are most in need and least able to pay, through a community-
208	based system of care.
209	(4)(3)  Involve local citizens in the planning of substance
210	abuse and mental health services in their communities.
211	(5)(4)  Ensure that the department and the Agency for
212	Health Care Administration work cooperatively in planning and
213	designing comprehensive community-based substance abuse and
214	mental health programs that focus on the individual needs of
215	persons served clients.
216	(6)(5)  Ensure that all activities of the Department of
217	Children and Family Services and the Agency for Health Care
218	Administration, and their respective contract providers,
219	involved in the delivery of substance abuse and mental health
220	treatment and prevention services are coordinated and integrated
221	with other local systems and groups, public and private, such as
222	juvenile justice, criminal justice, child protection, and public
223	health organizations; school districts; and local groups or
224	organizations that focus on services to older adults.
225	(7)(6)  Provide access to crisis services to all residents
226	of the state with priority of attention being given to
227	individuals exhibiting symptoms of acute mental illness or
228	substance abuse.
229	(8)(7)  Ensure that services provided to persons with co-
230	occurring mental illness and substance abuse problems be
231	integrated across treatment systems.
232	(9)(8)  Ensure continuity of care, consistent with minimum
233	standards, for persons who are released from a state treatment
234	facility into the community.
235	(10)  Ensure continuity of care, consistent with minimum
236	standards, for persons with serious and persistent mental
237	illnesses who are released from a state correctional facility
238	into the community.
239	(11)(9)  Provide accountability for service provision
240	through statewide standards for treatment and support services,
241	and statewide standards for management, monitoring, and
242	reporting of information.
243	(12)(10)  Include substance abuse and mental health
244	services as a component of the integrated service delivery
245	system of the Department of Children and Family Services.
246	(13)(11)  Ensure that the districts of the department are
247	the focal point of all substance abuse and mental health
248	planning activities, including budget submissions, grant
249	applications, contracts, and other arrangements that can be
250	effected at the district level.
251	(14)(12)  Organize and finance community substance abuse
252	and mental health services in local communities throughout the
253	state through locally administered service delivery programs
254	that are based on client outcomes, are programmatically
255	effective, and are financially efficient, and that maximize the
256	involvement of local citizens.
257	(15)(13)  Promote best practices and the highest quality of
258	care in contracted alcohol, drug abuse, and mental health
259	services through achievement of national accreditation.
260	(16)(14)  Ensure that the state agencies licensing and
261	monitoring contracted providers perform in the most cost-
262	efficient and effective manner with limited duplication and
263	disruption to organizations providing services.
264	Section 3.  This act shall take effect upon becoming a law.

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