Senate Bill sb2868c1
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    Florida Senate - 2007                           CS for SB 2868
    By the Committees on Health Regulation; and Children,
    Families, and Elder Affairs
    588-2372-07
  1                      A bill to be entitled
  2         An act relating to mental health and substance
  3         abuse services; creating s. 394.4996, F.S.;
  4         authorizing the Department of Children and
  5         Family Services to establish facilities that
  6         provide services as an integrated adult mental
  7         health crisis stabilization unit and addictions
  8         receiving facility; requiring licensure;
  9         providing eligibility criteria for treatment
10         services; requiring the department to adopt
11         rules; amending s. 409.906, F.S.; eliminating
12         the requirement that providers of mental health
13         or substance abuse services must be under
14         contract with the department; providing an
15         effective date.
16  
17  Be It Enacted by the Legislature of the State of Florida:
18  
19         Section 1.  Section 394.4996, Florida Statutes, is
20  created to read:
21         394.4996  Integrated adult mental health crisis
22  stabilization and addictions receiving facilities.--
23         (1)  Beginning July 1, 2007, the Department of Children
24  and Family Services, in consultation with the Agency for
25  Health Care Administration, is authorized to establish
26  facilities that integrate services provided in an adult mental
27  health crisis stabilization unit with services provided in an
28  addictions receiving facility. The facilities providing such
29  integrated services shall be licensed as an adult crisis
30  stabilization unit as provided under part IV, and shall meet
31  all licensure requirements for such units.
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    Florida Senate - 2007                           CS for SB 2868
    588-2372-07
 1         (2)  An integrated mental health crisis stabilization
 2  unit and addictions receiving facility may provide services
 3  under this section to adults, 18 years of age or older, who
 4  fall into one or more of the following categories:
 5         (a)  An adult meeting the requirements for voluntary
 6  admission for mental health treatment under s. 394.4625.
 7         (b)  An adult meeting the criteria for involuntary
 8  examination for mental illness under s. 394.463.
 9         (c)  An adult qualifying for voluntary admission for
10  substance abuse treatment under s. 397.601.
11         (d)  An adult meeting the criteria for involuntary
12  admission for substance abuse impairment under s. 397.675.
13         (3)  The department, in consultation with the agency,
14  shall adopt by rule standards that address eligibility
15  criteria; clinical procedures; staffing requirements;
16  operational, administrative, and financing requirements; and
17  the investigation of complaints. Standards that are
18  implemented specific to substance abuse treatment services
19  shall meet or exceed existing standards for addiction
20  receiving facilities.
21         Section 2.  Paragraph (a) of subsection (8) of section
22  409.906, Florida Statutes, is amended to read:
23         409.906  Optional Medicaid services.--Subject to
24  specific appropriations, the agency may make payments for
25  services which are optional to the state under Title XIX of
26  the Social Security Act and are furnished by Medicaid
27  providers to recipients who are determined to be eligible on
28  the dates on which the services were provided. Any optional
29  service that is provided shall be provided only when medically
30  necessary and in accordance with state and federal law.
31  Optional services rendered by providers in mobile units to
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    Florida Senate - 2007                           CS for SB 2868
    588-2372-07
 1  Medicaid recipients may be restricted or prohibited by the
 2  agency. Nothing in this section shall be construed to prevent
 3  or limit the agency from adjusting fees, reimbursement rates,
 4  lengths of stay, number of visits, or number of services, or
 5  making any other adjustments necessary to comply with the
 6  availability of moneys and any limitations or directions
 7  provided for in the General Appropriations Act or chapter 216.
 8  If necessary to safeguard the state's systems of providing
 9  services to elderly and disabled persons and subject to the
10  notice and review provisions of s. 216.177, the Governor may
11  direct the Agency for Health Care Administration to amend the
12  Medicaid state plan to delete the optional Medicaid service
13  known as "Intermediate Care Facilities for the Developmentally
14  Disabled." Optional services may include:
15         (8)  COMMUNITY MENTAL HEALTH SERVICES.--
16         (a)  The agency may pay for rehabilitative services
17  provided to a recipient by a mental health or substance abuse
18  provider under contract with the agency or the Department of
19  Children and Family Services to provide such services.  Those
20  services which are psychiatric in nature shall be rendered or
21  recommended by a psychiatrist, and those services which are
22  medical in nature shall be rendered or recommended by a
23  physician or psychiatrist. The agency must develop a provider
24  enrollment process for community mental health providers which
25  bases provider enrollment on an assessment of service need.
26  The provider enrollment process shall be designed to control
27  costs, prevent fraud and abuse, consider provider expertise
28  and capacity, and assess provider success in managing
29  utilization of care and measuring treatment outcomes.
30  Providers will be selected through a competitive procurement
31  or selective contracting process. In addition to other
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    Florida Senate - 2007                           CS for SB 2868
    588-2372-07
 1  community mental health providers, the agency shall consider
 2  for enrollment of mental health programs licensed under
 3  chapter 395 and group practices licensed under chapter 458,
 4  chapter 459, chapter 490, or chapter 491. The agency is also
 5  authorized to continue operation of its behavioral health
 6  utilization management program and may develop new services if
 7  these actions are necessary to ensure savings from the
 8  implementation of the utilization management system. The
 9  agency shall coordinate the implementation of this enrollment
10  process with the Department of Children and Family Services
11  and the Department of Juvenile Justice. The substance abuse
12  and mental health program of the Department of Children and
13  Family Services shall participate with the agency in the
14  assessment of service needs and program development. The
15  agency is authorized to utilize diagnostic criteria in setting
16  reimbursement rates, to preauthorize certain high-cost or
17  highly utilized services, to limit or eliminate coverage for
18  certain services, or to make any other adjustments necessary
19  to comply with any limitations or directions provided for in
20  the General Appropriations Act.
21         Section 3.  This act shall take effect upon becoming a
22  law.
23  
24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                         Senate Bill 2868
26                                 
27  The committee substitute removes the section of the bill that
    would have made changes to the medical review committee
28  statutes (s. 766.101, F.S.)
29  
30  
31  
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