HB 0619

CS

CHAMBER ACTION

1	The Health & Families Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to substance abuse and mental health
7	services; amending s. 394.655, F.S.; revising the duties
8	of the Florida Substance Abuse and Mental Health
9	Corporation; requiring the corporation to ensure the
10	provision of services that promote recovery and
11	resiliency-based systems of care; requiring that certain
12	members appointed to the corporation be primary consumers
13	of mental health or substance abuse services or family
14	members of primary consumers of such services; defining
15	the term "primary consumer"; delaying the date when
16	provisions establishing the corporation are scheduled to
17	expire; amending s. 394.66, F.S.; revising and providing
18	additional legislative intent with respect to the
19	substance abuse and mental health services provided by the
20	Department of Children and Family Services and its
21	providers and continuity of care for persons having a
22	mental illness who are released from a state correctional
23	facility; repealing s. 3, ch. 2003-279, Laws of Florida,
24	relating to an expiration date of certain provisions of
25	law relating to the Mental Health and Substance Abuse
26	Program Offices and the appointment of the Assistant
27	Secretary for Substance Abuse and Mental Health and other
28	personnel; providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Subsections (3), (6), and (11) of section
33	394.655, Florida Statutes, are amended to read:
34	394.655  The Substance Abuse and Mental Health Corporation;
35	powers and duties; composition; evaluation and reporting
36	requirements.--
37	(3)(a)  The Florida Substance Abuse and Mental Health
38	Corporation shall direct efforts designed to improve interagency
39	coordination of substance abuse and mental health services in
40	order to ensure that these services promote recovery and
41	resiliency-based systems of care. The corporation shall provide
42	oversight of the publicly funded substance abuse and mental
43	health systems and make policy and resource recommendations that
44	will promote system transformation by providing mechanisms for
45	input from stakeholders, including primary consumers, family
46	members, providers, and advocates, concerning the management of
47	the overall system, and that be responsible for oversight of the
48	publicly funded substance abuse and mental health systems and
49	for making policy and resources recommendations which will
50	improve the coordination, quality, and efficiency of the system.
51	(b)  Subject to and consistent with direction set by the
52	Legislature, the corporation shall exercise the following
53	responsibilities:
54	1.  Identify systemic needs for substance abuse and mental
55	health services and for recovery and resiliency-based systems of
56	care.
57	2.  Identify specific needs for substance abuse and mental
58	health services and for recovery and resiliency-based systems of
59	care for each state agency that funds, purchases, or provides
60	such services.
61	3.  Facilitate improved coordination and collaboration
62	among state agencies that fund, purchase, or provide substance
63	abuse or mental health services in order to support recovery and
64	resiliency-based systems of care.
65	4.  Identify impediments to implementing recovery and
66	resiliency-based systems of care for substance abuse and mental
67	health programs.
68	1.  Review and assess the collection and analysis of needs
69	assessment data as described in s. 394.82.
70	2.  Review and assess the status of the publicly funded
71	mental health and substance abuse systems and recommend policy
72	designed to improve coordination and effectiveness.
73	3.  Provide mechanisms for substance abuse and mental
74	health stakeholders, including consumers, family members,
75	providers, and advocates to provide input concerning the
76	management of the overall system.
77	4.  Recommend priorities for service expansion.
78	5.  Prepare budget recommendations to be submitted to the
79	appropriate departments for consideration in the development of
80	their legislative budget requests and provide copies to the
81	Governor, the President of the Senate, and the Speaker of the
82	House of Representatives for their consideration.
83	6.  Review data regarding the performance of the publicly
84	funded substance abuse and mental health systems.
85	7.  Make recommendations concerning strategies for
86	improving the performance of the systems.
87	8.  Review, assess, and forecast substance abuse and mental
88	health manpower needs and work with the department and the
89	educational system to establish policies, consistent with the
90	direction of the Legislature, which will ensure that the state
91	has the personnel it needs to continuously implement and improve
92	its services.
93	(c)(b)  The corporation shall work with the department and
94	the Agency for Health Care Administration to assure, to the
95	maximum extent possible, that Medicaid and department-funded
96	services are delivered in a coordinated manner, using common
97	service definitions, standards, and accountability mechanisms.
98	(d)(c)  The corporation shall also work with other agencies
99	of state government which provide, purchase, or fund substance
100	abuse and mental health programs and services in order to work
101	toward fully developed and integrated, when appropriate,
102	substance abuse and mental health systems that reflect current
103	knowledge regarding efficacy and efficiency and use best
104	practices identified within this state or other states.
105	(e)(d)  The corporation shall develop memoranda of
106	understanding that describe how it will coordinate with other
107	programmatic areas within the department and with other state
108	agencies that deliver or purchase substance abuse or mental
109	health services.
110	(6)(a)  The corporation shall be comprised of 12 members,
111	each appointed to a 2-year term, with not more than three
112	subsequent reappointments, except that initial legislative
113	appointments shall be for 3-year terms. Four members shall be
114	appointed by the Governor, four members shall be appointed by
115	the President of the Senate, and four members shall be appointed
116	by the Speaker of the House of Representatives.
117	1.  The four members appointed by the Governor must be
118	prominent community or business leaders, two of whom must have
119	experience and interest in substance abuse and two of whom must
120	have experience and interest in mental health.
121	2.  Of the four members appointed by the President of the
122	Senate, one member must represent the perspective of community-
123	based care under chapter 409, one member must be a primary
124	consumer former client or family member of a primary consumer of
125	client of a publicly funded mental health services program, and
126	two members must be prominent community or business leaders, one
127	of whom must have experience and interest in substance abuse and
128	one of whom must have experience and interest in mental health.
129	3.  Of the four members appointed by the Speaker of the
130	House of Representatives, one member must be a primary consumer
131	former client or family member of a primary consumer of client
132	of a publicly funded substance abuse services program, one
133	member must represent the perspective of the criminal justice
134	system, and two members must be prominent community or business
135	leaders, one of whom must have experience and interest in
136	substance abuse and one of whom must have experience and
137	interest in mental health. The Secretary of Children and Family
138	Services, or his or her designee, the Secretary of Health Care
139	Administration, or his or her designee, and a representative of
140	local government designated by the Florida Association of
141	Counties shall serve as ex officio members of the corporation.
142	(b)  As used in this subsection, the term "primary
143	consumer" means a person who voluntarily identifies himself or
144	herself as a person who is currently receiving, or has in the
145	past received, mental health or substance abuse services from a
146	public or private provider or agency; who can articulate shared
147	experiences, such as stigmatization, psychotropic medications,
148	suicidal ideation, seclusion or restraint, benefit eligibility,
149	trauma, or violence history, which are similar to the
150	experiences of other persons who have received such services;
151	and who voluntarily acts as an advocate for the improvement of
152	mental health or substance abuse services through his or her
153	vocation or avocation.
154	(c)(b)  The corporation shall be chaired by a member
155	designated by the Governor who may not be a public sector
156	employee.
157	(d)(c)  Persons who derive their income from resources
158	controlled by the Department of Children and Family Services or
159	the Agency for Health Care Administration may not be members of
160	the corporation.
161	(e)(d)  The Governor, the President of the Senate, and the
162	Speaker of the House of Representatives shall make their
163	respective appointments within 60 days after the effective date
164	of this act.
165	(f)(e)  A member of the corporation may be removed by the
166	appointing party for cause. Absence from three consecutive
167	meetings shall result in automatic removal. The chairperson of
168	the corporation shall notify the appointing party of such
169	absences.
170	(g)(f)  The corporation shall develop bylaws that describe
171	how it will conduct its work.
172	(h)(g)  The corporation shall meet at least quarterly and
173	at other times upon the call of its chair. Corporation meetings
174	may be held via teleconference or other electronic means.
175	(i)(h)  A majority of the total current membership of the
176	corporation constitutes a quorum of the corporation. The
177	corporation may only meet and take action when a quorum is
178	present.
179	(j)(i)  Within resources appropriated by the Legislature
180	and other funds available to the corporation, the chairperson of
181	the corporation may appoint advisory committees to address and
182	advise the corporation on particular issues within its scope of
183	responsibility. Members of advisory committees are not subject
184	to the prohibition in paragraph (d) (c).
185	(k)(j)  Members of the corporation and its committees shall
186	serve without compensation but are entitled to reimbursement for
187	travel and per diem expenses pursuant to s. 112.061.
188	(l)(k)  Each member of the corporation who is not otherwise
189	required to file a financial disclosure statement pursuant to s.
190	8, Art. II of the State Constitution or s. 112.3144 must file
191	disclosure of financial interests pursuant to s. 112.3145.
192	(11)  This section expires on October 1, 2011 2006, unless
193	reviewed and reenacted by the Legislature before that date.
194	Section 2.  Section 394.66, Florida Statutes, is amended to
195	read:
196	394.66  Legislative intent with respect to substance abuse
197	and mental health services.--It is the intent of the Legislature
198	to:
199	(1)  Ensure that a recovery and resiliency-based substance
200	abuse and mental health system is implemented by the department
201	and its state-funded mental health providers.
202	(2)(1)  Recognize that mental illness and substance abuse
203	impairment are diseases that are responsive to medical and
204	psychological interventions and management that integrate
205	treatment, rehabilitative, and support services to achieve
206	recovery quality and cost-efficient outcomes for clients and for
207	community-based treatment systems.
208	(3)(2)  Promote and improve the mental health of the
209	citizens of the state by making substance abuse and mental
210	health treatment and support services available to those persons
211	who are most in need and least able to pay, through a community-
212	based system of care.
213	(4)(3)  Involve local citizens in the planning of substance
214	abuse and mental health services in their communities.
215	(5)(4)  Ensure that the department and the Agency for
216	Health Care Administration work cooperatively in planning and
217	designing comprehensive community-based substance abuse and
218	mental health programs that focus on the individual needs of
219	persons served clients.
220	(6)(5)  Ensure that all activities of the Department of
221	Children and Family Services and the Agency for Health Care
222	Administration, and their respective contract providers,
223	involved in the delivery of substance abuse and mental health
224	treatment and prevention services are coordinated and integrated
225	with other local systems and groups, public and private, such as
226	juvenile justice, criminal justice, child protection, and public
227	health organizations; school districts; and local groups or
228	organizations that focus on services to older adults.
229	(7)(6)  Provide access to crisis services to all residents
230	of the state with priority of attention being given to
231	individuals exhibiting symptoms of acute mental illness or
232	substance abuse.
233	(8)(7)  Ensure that services provided to persons with co-
234	occurring mental illness and substance abuse problems be
235	integrated across treatment systems.
236	(9)(8)  Ensure continuity of care, consistent with minimum
237	standards, for persons who are released from a state treatment
238	facility into the community.
239	(10)  Ensure continuity of care, consistent with minimum
240	standards, for persons with serious and persistent mental
241	illnesses who are released from a state correctional facility
242	into the community.
243	(11)(9)  Provide accountability for service provision
244	through statewide standards for treatment and support services,
245	and statewide standards for management, monitoring, and
246	reporting of information.
247	(12)(10)  Include substance abuse and mental health
248	services as a component of the integrated service delivery
249	system of the Department of Children and Family Services.
250	(13)(11)  Ensure that the districts of the department are
251	the focal point of all substance abuse and mental health
252	planning activities, including budget submissions, grant
253	applications, contracts, and other arrangements that can be
254	effected at the district level.
255	(14)(12)  Organize and finance community substance abuse
256	and mental health services in local communities throughout the
257	state through locally administered service delivery programs
258	that are based on client outcomes, are programmatically
259	effective, and are financially efficient, and that maximize the
260	involvement of local citizens.
261	(15)(13)  Promote best practices and the highest quality of
262	care in contracted alcohol, drug abuse, and mental health
263	services through achievement of national accreditation.
264	(16)(14)  Ensure that the state agencies licensing and
265	monitoring contracted providers perform in the most cost-
266	efficient and effective manner with limited duplication and
267	disruption to organizations providing services.
268	Section 3.  Section 3 of chapter 2003-279, Laws of Florida,
269	is repealed.
270	Section 4.  This act shall take effect upon becoming a law.

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