Florida Senate - 2012                                    SB 2046
       
       
       
       By the Committee on Children, Families, and Elder Affairs
       
       
       
       
       586-02070-12                                          20122046__
    1                        A bill to be entitled                      
    2         An act relating to substance abuse and mental health
    3         services; amending s. 394.9082, F.S.; redefining the
    4         term “provider networks”; requiring the Department of
    5         Children and Family Services to negotiate a reasonable
    6         and appropriate administrative cost rate for the
    7         system of behavioral health services with community
    8         based managing entities; requiring that mental health
    9         or substance abuse providers currently under contract
   10         with the department be offered a contract by the
   11         managing entity for 1 year; revising the core
   12         functions to be performed by the managing entity;
   13         revising the governance structure of the managing
   14         entity; revising the requirements relating to the
   15         qualification and operational criteria used by the
   16         department when selecting a managing entity; revising
   17         the responsibilities of the department; authorizing
   18         the department to adopt rules; providing an effective
   19         date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 394.9082, Florida Statutes, is amended
   24  to read:
   25         394.9082 Behavioral health managing entities.—
   26         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   27  that untreated behavioral health disorders constitute major
   28  health problems for residents of this state, are a major
   29  economic burden to the citizens of this state, and substantially
   30  increase demands on the state’s juvenile and adult criminal
   31  justice systems, the child welfare system, and health care
   32  systems. The Legislature finds that behavioral health disorders
   33  respond to appropriate treatment, rehabilitation, and supportive
   34  intervention. The Legislature finds that it has made a
   35  substantial long-term investment in the funding of the
   36  community-based behavioral health prevention and treatment
   37  service systems and facilities in order to provide critical
   38  emergency, acute care, residential, outpatient, and
   39  rehabilitative and recovery-based services. The Legislature
   40  finds that local communities have also made substantial
   41  investments in behavioral health services, contracting with
   42  safety net providers who by mandate and mission provide
   43  specialized services to vulnerable and hard-to-serve populations
   44  and have strong ties to local public health and public safety
   45  agencies. The Legislature finds that a management structure that
   46  places the responsibility for publicly financed behavioral
   47  health treatment and prevention services within a single
   48  private, nonprofit entity at the local level will promote
   49  improved access to care, promote service continuity, and provide
   50  for more efficient and effective delivery of substance abuse and
   51  mental health services. The Legislature finds that streamlining
   52  administrative processes will create cost efficiencies and
   53  provide flexibility to better match available services to
   54  consumers’ identified needs.
   55         (2) DEFINITIONS.—As used in this section, the term:
   56         (a) “Behavioral health services” means mental health
   57  services and substance abuse prevention and treatment services
   58  as defined in this chapter and chapter 397 which are provided
   59  using state and federal funds.
   60         (b) “Decisionmaking model” means a comprehensive management
   61  information system needed to answer the following management
   62  questions at the federal, state, regional, circuit, and local
   63  provider levels: who receives what services from which providers
   64  with what outcomes and at what costs?
   65         (c) “Geographic area” means a county, circuit, regional, or
   66  multiregional area in this state.
   67         (d) “Managing entity” means a corporation that is organized
   68  in this state, is designated or filed as a nonprofit
   69  organization under s. 501(c)(3) of the Internal Revenue Code,
   70  and is under contract to the department to manage the day-to-day
   71  operational delivery of behavioral health services through an
   72  organized system of care.
   73         (e) “Provider networks” mean the direct service agencies
   74  that are under contract with a managing entity and that together
   75  constitute a comprehensive array of emergency, acute care,
   76  residential, outpatient, recovery support, and consumer support
   77  services.
   78         (3) SERVICE DELIVERY STRATEGIES.—The department may work
   79  through managing entities to develop service delivery strategies
   80  that will improve the coordination, integration, and management
   81  of the delivery of behavioral health services to people who have
   82  mental or substance use disorders. It is the intent of the
   83  Legislature that a well-managed service delivery system will
   84  increase access for those in need of care, improve the
   85  coordination and continuity of care for vulnerable and high-risk
   86  populations, and redirect service dollars from restrictive care
   87  settings to community-based recovery services.
   88         (4) CONTRACT FOR SERVICES.—
   89         (a) The department may contract for the purchase and
   90  management of behavioral health services with community-based
   91  managing entities. The department may require a managing entity
   92  to contract for specialized services that are not currently part
   93  of the managing entity’s network if the department determines
   94  that to do so is in the best interests of consumers of services.
   95  The secretary shall determine the schedule for phasing in
   96  contracts with managing entities. The managing entities shall,
   97  at a minimum, be accountable for the operational oversight of
   98  the delivery of behavioral health services funded by the
   99  department and for the collection and submission of the required
  100  data pertaining to these contracted services. A managing entity
  101  shall serve a geographic area designated by the department. The
  102  geographic area must be of sufficient size in population and
  103  have enough public funds for behavioral health services to allow
  104  for flexibility and maximum efficiency.
  105         (b) The operating costs of the managing entity contract
  106  shall be funded through funds from the department and any
  107  savings and efficiencies achieved through the implementation of
  108  managing entities when realized by their participating provider
  109  network agencies. The department recognizes that managing
  110  entities will have infrastructure development costs during
  111  start-up so that any efficiencies to be realized by providers
  112  from consolidation of management functions, and the resulting
  113  savings, will not be achieved during the early years of
  114  operation. The department shall negotiate a reasonable and
  115  appropriate administrative cost rate for the system of care
  116  managed by with the managing entity. The Legislature intends
  117  that reduced local and state contract management and other
  118  administrative duties passed on to the managing entity allows
  119  funds previously allocated for these purposes to be
  120  proportionately reduced and the savings used to purchase the
  121  administrative functions of the managing entity. Policies and
  122  procedures of the department for monitoring contracts with
  123  managing entities shall include provisions for eliminating
  124  duplication within the provider network and between of the
  125  department’s and the managing entities’ contract management and
  126  other administrative activities in order to achieve the goals of
  127  cost-effectiveness and regulatory relief. To the maximum extent
  128  possible, provider-monitoring activities shall be assigned to
  129  the managing entity.
  130         (c) Contracting and payment mechanisms for services must
  131  promote clinical and financial flexibility and responsiveness
  132  and must allow different categorical funds to be integrated at
  133  the point of service. The contracted service array must be
  134  determined by using public input, needs assessment, and
  135  evidence-based and promising best practice models. The
  136  department may employ care management methodologies, prepaid
  137  capitation, and case rate or other methods of payment which
  138  promote flexibility, efficiency, and accountability.
  139         (5) GOALS.—The goal of the service delivery strategies is
  140  to provide a design for an effective coordination, integration,
  141  and management approach for delivering effective behavioral
  142  health services to persons who are experiencing a mental health
  143  or substance abuse crisis, who have a disabling mental illness
  144  or a substance use or co-occurring disorder, and require
  145  extended services in order to recover from their illness, or who
  146  need brief treatment or longer-term supportive interventions to
  147  avoid a crisis or disability. Other goals include:
  148         (a) Improving accountability for a local system of
  149  behavioral health care services to meet performance outcomes and
  150  standards through the use of reliable and timely data.
  151         (b) Enhancing the continuity of care for all children,
  152  adolescents, and adults who enter the publicly funded behavioral
  153  health service system.
  154         (c) Preserving the “safety net” of publicly funded
  155  behavioral health services and providers, and recognizing and
  156  ensuring continued local contributions to these services, by
  157  establishing locally designed and community-monitored systems of
  158  care.
  159         (d) Providing early diagnosis and treatment interventions
  160  to enhance recovery and prevent hospitalization.
  161         (e) Improving the assessment of local needs for behavioral
  162  health services.
  163         (f) Improving the overall quality of behavioral health
  164  services through the use of evidence-based, best practice, and
  165  promising practice models.
  166         (g) Demonstrating improved service integration between
  167  behavioral health programs and other programs, such as
  168  vocational rehabilitation, education, child welfare, primary
  169  health care, emergency services, juvenile justice, and criminal
  170  justice.
  171         (h) Providing for additional testing of creative and
  172  flexible strategies for financing behavioral health services to
  173  enhance individualized treatment and support services.
  174         (i) Promoting cost-effective quality care.
  175         (j) Working with the state to coordinate admissions and
  176  discharges from state civil and forensic hospitals and
  177  coordinating admissions and discharges from residential
  178  treatment centers.
  179         (k) Improving the integration, accessibility, and
  180  dissemination of behavioral health data for planning and
  181  monitoring purposes.
  182         (l) Promoting specialized behavioral health services to
  183  residents of assisted living facilities.
  184         (m) Working with the state and other stakeholders to reduce
  185  the admissions and the length of stay for dependent children in
  186  residential treatment centers.
  187         (n) Providing services to adults and children with co
  188  occurring disorders of mental illnesses and substance abuse
  189  problems.
  190         (o) Providing services to elder adults in crisis or at-risk
  191  for placement in a more restrictive setting due to a serious
  192  mental illness or substance abuse.
  193         (6) ESSENTIAL ELEMENTS.—It is the intent of the Legislature
  194  that the department may plan for and enter into contracts with
  195  managing entities to manage care in geographical areas
  196  throughout the state.
  197         (a) The managing entity must demonstrate the ability of its
  198  network of providers to comply with the pertinent provisions of
  199  this chapter and chapter 397 and to ensure the provision of
  200  comprehensive behavioral health services. The network of
  201  providers must include, but need not be limited to, community
  202  mental health agencies, substance abuse treatment providers, and
  203  best practice consumer services providers.
  204         (b) The department shall terminate its mental health or
  205  substance abuse provider contracts for services to be provided
  206  by the managing entity at the same time it contracts with the
  207  managing entity.
  208         (c) The managing entity shall ensure that its provider
  209  network is broadly conceived. All Mental health or substance
  210  abuse treatment providers currently under contract with the
  211  department shall be offered a contract by the managing entity
  212  for 1 year.
  213         (d) The department may contract with managing entities to
  214  provide the following core functions:
  215         1. System-of-care development and management. Financial
  216  accountability.
  217         2. Utilization management. Allocation of funds to network
  218  providers in a manner that reflects the department’s strategic
  219  direction and plans.
  220         3. Network and subcontract management. Provider monitoring
  221  to ensure compliance with federal and state laws, rules, and
  222  regulations.
  223         4. Quality improvement. Data collection, reporting, and
  224  analysis.
  225         5. Technical assistance and training. Operational plans to
  226  implement objectives of the department’s strategic plan.
  227         6. Data collection, reporting, and analysis. Contract
  228  compliance.
  229         7. Financial Performance management.
  230         8. Planning. Collaboration with community stakeholders,
  231  including local government.
  232         9. Board development and governance. System of care through
  233  network development.
  234         10. Disaster planning and responsiveness. Consumer care
  235  coordination.
  236         11. Continuous quality improvement.
  237         12. Timely access to appropriate services.
  238         13. Cost-effectiveness and system improvements.
  239         14. Assistance in the development of the department’s
  240  strategic plan.
  241         15. Participation in community, circuit, regional, and
  242  state planning.
  243         16. Resource management and maximization, including pursuit
  244  of third-party payments and grant applications.
  245         17. Incentives for providers to improve quality and access.
  246         18. Liaison with consumers.
  247         19. Community needs assessment.
  248         20. Securing local matching funds.
  249         (e) The managing entity shall ensure that written
  250  cooperative agreements are developed and implemented among the
  251  criminal and juvenile justice systems, the local community-based
  252  care network, and the local behavioral health providers in the
  253  geographic area which define strategies and alternatives for
  254  diverting people who have mental illness and substance abuse
  255  problems from the criminal justice system to the community.
  256  These agreements must also address the provision of appropriate
  257  services to persons who have behavioral health problems and
  258  leave the criminal justice system.
  259         (f) Managing entities must collect and submit data to the
  260  department regarding persons served, outcomes of persons served,
  261  and the costs of services provided through the department’s
  262  contract. The department shall evaluate managing entity services
  263  based on consumer-centered outcome measures that reflect
  264  national standards that can dependably be measured. The
  265  department shall work with managing entities to establish
  266  performance standards related to:
  267         1. The extent to which individuals in the community receive
  268  services.
  269         2. The improvement of quality of care for individuals
  270  served.
  271         3. The success of strategies to divert jail, prison, and
  272  forensic facility admissions.
  273         4. Consumer and family satisfaction.
  274         5. The satisfaction of key community constituents such as
  275  law enforcement agencies, juvenile justice agencies, the courts,
  276  the schools, local government entities, hospitals, and others as
  277  appropriate for the geographical area of the managing entity.
  278         (g) The Agency for Health Care Administration may establish
  279  a certified match program, which must be voluntary. Under a
  280  certified match program, reimbursement is limited to the federal
  281  Medicaid share to Medicaid-enrolled strategy participants. The
  282  agency may take no action to implement a certified match program
  283  unless the consultation provisions of chapter 216 have been met.
  284  The agency may seek federal waivers that are necessary to
  285  implement the behavioral health service delivery strategies.
  286         (7) MANAGING ENTITY REQUIREMENTS.—The department may adopt
  287  rules and standards and a process for the qualification and
  288  operation of managing entities which are based, in part, on the
  289  following criteria:
  290         (a) A managing entity’s governance structure shall be
  291  representative and shall, at a minimum, include consumers, and
  292  family members, and appropriate community stakeholders and
  293  organizations. In addition, up to 25 percent of the members of a
  294  managing entity’s board of directors may include, and providers
  295  of substance abuse and mental health services as defined in this
  296  chapter and chapter 397. If there are one or more private
  297  receiving facilities in the geographic coverage area of a
  298  managing entity, the managing entity shall have one
  299  representative for the private-receiving facilities as an ex
  300  officio member of its board of directors.
  301         (b) A managing entity that was originally formed primarily
  302  by substance abuse or mental health providers must present and
  303  demonstrate a detailed, consensus approach to expanding its
  304  provider network and governance to include both substance abuse
  305  and mental health providers.
  306         (c) A managing entity must submit a network management plan
  307  and budget in a form and manner determined by the department.
  308  The plan must detail the means for implementing the duties to be
  309  contracted to the managing entity and the efficiencies to be
  310  anticipated by the department as a result of executing the
  311  contract. The department may require modifications to the plan
  312  and must approve the plan before contracting with a managing
  313  entity. The department may contract with a managing entity that
  314  demonstrates readiness to assume core functions, and may
  315  continue to add functions and responsibilities to the managing
  316  entity’s contract over time as additional competencies are
  317  developed as identified in paragraph (g). Notwithstanding other
  318  provisions of this section, the department may continue and
  319  expand managing entity contracts if the department determines
  320  that the managing entity meets the requirements specified in
  321  this section.
  322         (b)(d)Notwithstanding paragraphs (b) and (c), A managing
  323  entity that is currently a fully integrated system providing
  324  mental health and substance abuse services, Medicaid, and child
  325  welfare services is permitted to continue operating under its
  326  current governance structure until June 30, 2013, as long as the
  327  managing entity can demonstrate to the department that
  328  consumers, other stakeholders, and network providers are
  329  included in the planning process.
  330         (c)(e) Managing entities shall operate in a transparent
  331  manner, providing public access to information, notice of
  332  meetings, and opportunities for broad public participation in
  333  decisionmaking. The managing entity’s network management plan
  334  must detail policies and procedures that ensure transparency.
  335         (d)(f) Before contracting with a managing entity, the
  336  department must perform an onsite readiness review of a managing
  337  entity to determine its operational capacity to satisfactorily
  338  perform the duties to be contracted.
  339         (e)(g) The department shall engage community stakeholders,
  340  including providers, and managing entities under contract with
  341  the department, in the development of objective standards to
  342  measure the competencies of managing entities and their
  343  readiness to assume the responsibilities described in this
  344  section, and measure the outcomes to hold them accountable.
  345         (8) DEPARTMENT RESPONSIBILITIES.—With the introduction of
  346  managing entities to monitor department-contracted providers’
  347  day-to-day operations, the department and its regional and
  348  circuit offices will have increased ability to focus on broad
  349  systemic substance abuse and mental health issues. After the
  350  department enters into a managing entity contract in a
  351  geographic area, the regional and circuit offices of the
  352  department in that area shall direct their efforts primarily to
  353  monitoring the managing entity and its system of care; contract,
  354  including negotiation of system quality improvement, cost
  355  management, and outcomes requirements; goals each contract year,
  356  and review of the managing entity’s plans to execute department
  357  strategic plans; carrying out statutorily mandated licensure
  358  functions; conducting community and regional substance abuse and
  359  mental health planning; communicating to the department the
  360  local needs assessed by the managing entity; preparing
  361  department strategic plans; coordinating with other state and
  362  local agencies; assisting the department in assessing local
  363  trends and issues and advising departmental headquarters on
  364  local priorities; and providing leadership in disaster planning
  365  and preparation. The ultimate responsibility of accountability
  366  for the expenditure of substance abuse and mental health public
  367  funds resides with the department.
  368         (9) REPORTING.—Reports of the department’s activities,
  369  progress, and needs in achieving the goal of contracting with
  370  managing entities in each circuit and region statewide must be
  371  submitted to the appropriate substantive and appropriations
  372  committees in the Senate and the House of Representatives on
  373  January 1 and July 1 of each year until the full transition to
  374  managing entities has been accomplished statewide.
  375         (10) RULES.—The department may shall adopt rules to
  376  administer this section and, as necessary, to further specify
  377  requirements of managing entities.
  378         Section 2. This act shall take effect July 1, 2012.