Senate Bill sb2840
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Florida Senate - 2007 SB 2840
By Senator Wise
5-1323-07 See HB
1 A bill to be entitled
2 An act relating to the Florida Self-Directed
3 Care program; amending s. 394.9084, F.S.;
4 requiring the Department of Children and Family
5 Services to offer the program in districts that
6 provide certain mental health services;
7 providing legislative intent with regard to
8 funding; requiring an independent financial
9 agent to pay for certain services; defining the
10 term "independent financial agent"; authorizing
11 transfer of certain funds; providing rulemaking
12 authority; requiring an annual evaluation of
13 the program; revising provisions relating to
14 expenditures for conducting an evaluation;
15 deleting the expiration date of the program;
16 providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Section 394.9084, Florida Statutes, is
21 amended to read:
22 394.9084 Florida Self-Directed Care program.--
23 (1) The Department of Children and Family Services, in
24 cooperation with the Agency for Health Care Administration,
25 shall offer the Florida Self-Directed Care program, may
26 develop a client-directed and choice-based program, in all
27 pilot project in district 4 and three other districts that to
28 provide mental health treatment and support services to adults
29 who have a serious mental illness. The department may also
30 develop and implement a client-directed and choice-based pilot
31 project in one district to provide mental health treatment and
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Florida Senate - 2007 SB 2840
5-1323-07 See HB
1 support services for children with a serious emotional
2 disturbance who live at home. If established, any staff who
3 work with children must be screened under s. 435.04. The
4 department projects shall implement a payment mechanism model
5 in which each client controls the money that is available for
6 that participant's client's mental health treatment and
7 support services. It is the intent of the Legislature that any
8 new or existing applicable funding shall be made available to
9 allow individuals to choose to participate in this program.
10 The department shall establish interagency cooperative
11 agreements and work with the agency, the division, and the
12 Social Security Administration to implement and administer the
13 Florida Self-Directed Care program.
14 (2) To be eligible for enrollment in the Florida
15 Self-Directed Care program, a person must be an adult with a
16 severe and persistent mental illness.
17 (3) The Florida Self-Directed Care program has four
18 subcomponents:
19 (a) Department mental health services, which include
20 community mental health outpatient, community support, and
21 case management services funded through the department. This
22 subcomponent excludes Florida Assertive Community Treatment
23 (FACT) services for adults; residential services; and
24 emergency stabilization services, including crisis
25 stabilization units, short-term residential treatment, and
26 inpatient services.
27 (b) Agency mental health services, which include
28 community mental health services and mental health targeted
29 case management services reimbursed by Medicaid.
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Florida Senate - 2007 SB 2840
5-1323-07 See HB
1 (c) Vocational rehabilitation, which includes funds
2 available for an eligible participant as provided by the
3 Rehabilitation Act of 1973, 29 U.S.C. chapter 16, as amended.
4 (d) Social Security Administration.
5 (4) The independent financial agent managing entity
6 shall pay for the cost-efficient community-based services the
7 participant selects to meet his or her mental health care and
8 vocational rehabilitation needs and goals as identified on his
9 or her recovery plan. For purposes of this section, the term
10 "independent financial agent" means a third-party
11 administrator, as defined in s. 409.901(26), that does not
12 provide mental health services.
13 (5)(a) The department shall take all necessary action
14 to ensure state compliance with federal regulations. The
15 agency, in collaboration with the department, shall
16 expeditiously seek federal Medicaid waivers, and the
17 department shall expeditiously seek any available Supplemental
18 Security Administration waivers under s. 1110(b) of the
19 federal Social Security Act; and the division, in
20 collaboration with the department, shall expeditiously seek
21 federal approval to participate in the Florida Self-Directed
22 Care program. No later than June 30, 2008 2005, the
23 department, the agency, and the division shall amend and
24 update their strategic and state plans to reflect
25 participation in the projects, including intent to seek
26 federal approval to provide cashout options for eligible
27 services for participants in the projects.
28 (b) The department may apply for and use any funds
29 from private, state, and federal grants provided for
30 self-directed care, voucher, and self-determination programs,
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Florida Senate - 2007 SB 2840
5-1323-07 See HB
1 including those providing substance abuse and mental health
2 care.
3 (6) The department, the agency, and the division may
4 transfer funds to the independent financial agent managing
5 entity.
6 (7) The department, the agency, and the division shall
7 have rulemaking authority pursuant to ss. 120.536(1) and
8 120.54 to implement the provisions of this section. These
9 rules shall be for the purpose of enhancing choice in and
10 control over the purchased mental health and vocational
11 rehabilitative services accessed by Florida Self-Directed Care
12 program participants.
13 (8) The department and the agency shall will complete
14 a memorandum of agreement to delineate management roles for
15 operation of the Florida Self-Directed Care program.
16 (9) The department, the agency, and the division shall
17 each, on an ongoing basis, review and assess the
18 implementation of the Florida Self-Directed Care program.
19 (a) The department shall will implement an annual
20 evaluation of the program and shall will include
21 recommendations for improvements in the program.
22 (b) At a minimum, the evaluation must compare between
23 program participants and nonparticipants:
24 1. Re-hospitalization rates.
25 2. Levels of satisfaction.
26 3. Service utilization rates.
27 4. Residential stability.
28 5. Levels of community integration and interaction.
29 (c) The evaluation must assess evaluate adherence to
30 the Centers for Medicare and Medicaid self-direction
31 requirements, including:
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Florida Senate - 2007 SB 2840
5-1323-07 See HB
1 1. Person-centered planning.
2 2. Individual budgets.
3 3. Availability of independently brokered services
4 from recovery coaches and quality advocates.
5 4. Access to the program by all who are eligible to
6 enroll.
7 5. Participant safety and program incident management
8 planning.
9 6. An independently mediated grievance process.
10 (d) The evaluation must assess the economic
11 self-sufficiency of the program participants, including the
12 number of Individual Development Accounts.
13 (e) The evaluation must assess any adverse incidents
14 resulting from the Florida Self-Directed Care program,
15 including consumer grievances, conflicts of interest, and
16 patterns of self-referral by licensed professions.
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18 The department is authorized to spend up to $100,000 to pay
19 for the evaluation. If the agency and the department obtain a
20 federal waiver, the evaluation will be used to determine
21 effectiveness.
22 (10) This section expires July 1, 2008.
23 Section 2. This act shall take effect July 1, 2007.
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