Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 326
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Health and Human Services)
    1                        A bill to be entitled                      
    2         An act relating to substance abuse services; amending
    3         s. 397.311, F.S.; providing definitions; conforming a
    4         cross-reference; creating s. 397.487, F.S.; providing
    5         legislative findings and intent; requiring the
    6         Department of Children and Families to create a
    7         voluntary certification program for recovery
    8         residences; requiring the department to approve at
    9         least one credentialing entity by a specified date to
   10         develop and administer the certification program;
   11         requiring an approved credentialing entity to
   12         establish procedures for certifying recovery
   13         residences that meet certain qualifications; requiring
   14         an approved credentialing entity to establish certain
   15         fees; requiring a credentialing entity to conduct
   16         onsite inspections of a recovery residence; requiring
   17         background screening of owners, directors, and chief
   18         financial officers of a recovery residence; providing
   19         for denial, suspension, or revocation of
   20         certification; requiring a certified recovery
   21         residence to notify the credentialing entity within a
   22         certain time of the removal of the recovery
   23         residence’s certified recovery residence
   24         administrator; providing a criminal penalty for
   25         falsely advertising a recovery residence as a
   26         “certified recovery residence”; creating s. 397.4871,
   27         F.S.; providing legislative intent; requiring the
   28         department to create a voluntary certification program
   29         for recovery residence administrators; directing the
   30         department to approve at least one credentialing
   31         entity by a specified date to develop and administer
   32         the certification program; requiring an approved
   33         credentialing entity to establish a process for
   34         certifying recovery residence administrators who meet
   35         certain qualifications; requiring a certifies recovery
   36         residence to be actively managed by a certified
   37         recovery residence administrator; requiring certain
   38         applications to include specified information;
   39         requiring an approved credentialing entity to
   40         establish certain fees; requiring background screening
   41         of applicants for recovery residence administrator
   42         certification; requiring the department to notify the
   43         credentialing agency of an applicant’s eligibility
   44         based on the background screening results; providing
   45         for denial, suspension, or revocation of
   46         certification; requiring a certified recovery
   47         residence to notify the credentialing entity within a
   48         certain time of the removal providing a criminal
   49         penalty for falsely advertising oneself as a
   50         “certified recovery residence administrator”;
   51         prohibiting a certified recovery residence
   52         administrator from actively managing more than once
   53         recovery residence at the same time; creating s.
   54         397.4872, F.S.; providing exemptions from
   55         disqualifying offenses; requiring credentialing
   56         entities to provide the department with a list of all
   57         certified recovery residences and recovery residence
   58         administrators by a date certain; requiring the
   59         department to publish the list on its website;
   60         allowing recovery residences and recovery residence
   61         administrators to be excluded from the list upon
   62         written request to the department; amending s.
   63         397.407, F.S.; conforming cross-references; providing
   64         conditions for a licensed service provider to refer
   65         patients to a certified recovery residence or a
   66         recovery residence owned and operated by the licensed
   67         service provider; defining the term “refer”; amending
   68         ss. 212.055, 394.9085, 397.405, 397.416, and 440.102,
   69         F.S.; conforming cross-references; providing an
   70         effective date.
   72  Be It Enacted by the Legislature of the State of Florida:
   74         Section 1. Subsections (4) and (5), subsections (6) through
   75  (28), and subsections (29) through (39) of section 397.311,
   76  Florida Statutes, are renumbered as subsections (7) and (8),
   77  subsections (10) through (32), and subsections (35) through
   78  (45), respectively, present subsections (7) and (32) are
   79  amended, and new subsections (4), (5), (6), (9), (33), and (34)
   80  are added to that section, to read:
   81         397.311 Definitions.—As used in this chapter, except part
   82  VIII, the term:
   83         (4) “Certificate of compliance” means a certificate that is
   84  issued by a credentialing entity to a recovery residence or a
   85  recovery residence administrator.
   86         (5) “Certified recovery residence” means a recovery
   87  residence that holds a valid certificate of compliance and is
   88  actively managed by a certified recovery residence
   89  administrator.
   90         (6) “Certified recovery residence administrator” means a
   91  recovery residence administrator who holds a valid certificate
   92  of compliance.
   93         (9) “Credentialing entity” means a nonprofit organization
   94  that develops and administers professional, facility, or
   95  organization certification programs according to applicable
   96  nationally recognized certification or psychometric standards.
   97         (11)(7) “Director” means the chief administrative or
   98  executive officer of a service provider or recovery residence.
   99         (33) “Recovery residence” means a residential dwelling
  100  unit, or other form of group housing, that is offered or
  101  advertised through any means, including oral, written,
  102  electronic, or printed means, by any person or entity as a
  103  residence that provides a peer-supported, alcohol-free, and
  104  drug-free living environment.
  105         (34) “Recovery residence administrator” means the person
  106  responsible for overall management of the recovery residence,
  107  including, but not limited to, the supervision of residents and
  108  staff employed by, or volunteering for, the residence.
  109         (38)(32) “Service component” or “component” means a
  110  discrete operational entity within a service provider which is
  111  subject to licensing as defined by rule. Service components
  112  include prevention, intervention, and clinical treatment
  113  described in subsection (22) (18).
  114         Section 2. Section 397.487, Florida Statutes, is created to
  115  read:
  116         397.487 Voluntary certification of recovery residences.—
  117         (1) The Legislature finds that a person suffering from
  118  addiction has a higher success rate of achieving long-lasting
  119  sobriety when given the opportunity to build a stronger
  120  foundation by living in a recovery residence after completing
  121  treatment. The Legislature further finds that this state and its
  122  subdivisions have a legitimate state interest in protecting
  123  these persons, who represent a vulnerable consumer population in
  124  need of adequate housing. It is the intent of the Legislature to
  125  protect persons who reside in a recovery residence.
  126         (2) The department shall approve at least one credentialing
  127  entity by December 1, 2015, for the purpose of developing and
  128  administering a voluntary certification program for recovery
  129  residences. The approved credentialing entity shall:
  130         (a) Establish recovery residence certification
  131  requirements.
  132         (b) Establish procedures to:
  133         1. Administer the application, certification,
  134  recertification, and disciplinary processes.
  135         2. Monitor and inspect a recovery residence and its staff
  136  to ensure compliance with certification requirements.
  137         3. Interview and evaluate residents, employees, and
  138  volunteer staff on their knowledge and application of
  139  certification requirements.
  140         (c) Provide training for owners, managers, and staff.
  141         (d) Develop a code of ethics.
  142         (e) Establish application, inspection, and annual
  143  certification renewal fees. The application fee may not exceed
  144  $100. Any onsite inspection fee shall reflect actual costs for
  145  inspections. The annual certification renewal fee may not exceed
  146  $100.
  147         (3) A credentialing entity shall require the recovery
  148  residence to submit the following documents with the completed
  149  application and fee:
  150         (a) A policy and procedures manual containing:
  151         1. Job descriptions for all staff positions.
  152         2. Drug-testing procedures and requirements.
  153         3. A prohibition on the premises against alcohol, illegal
  154  drugs, and the use of prescribed medications by an individual
  155  other than the individual for whom the medication is prescribed.
  156         4. Policies to support a resident’s recovery efforts.
  157         5. A good neighbor policy to address neighborhood concerns
  158  and complaints.
  159         (b) Rules for residents.
  160         (c) Copies of all forms provided to residents.
  161         (d) Intake procedures.
  162         (e) Sexual Offender/Predator Registry Compliance Policy
  163         (f) Relapse policy.
  164         (g) Fee schedule.
  165         (h) Refund policy.
  166         (i) Eviction procedures and policy.
  167         (j) Code of ethics.
  168         (k) Proof of insurance.
  169         (l) Proof of background screening.
  170         (m) Proof of satisfactory fire, safety, and health
  171  inspections.
  172         (4) A certified recovery residence must be actively managed
  173  by a certified recovery residence administrator. All
  174  applications for certification must include the name of the
  175  certified recovery residence administrator who will be actively
  176  managing the applicant recovery residence.
  177         (5) Upon receiving a complete application, a credentialing
  178  entity shall conduct an onsite inspection of the recovery
  179  residence.
  180         (6) All owners, directors, and chief financial officers of
  181  an applicant recovery residence are subject to level 2
  182  background screening as provided under chapter 435. A recovery
  183  residence is ineligible for certification, and a credentialing
  184  entity shall deny a recovery residence’s application, if any
  185  owner, director, or chief financial officer has been found
  186  guilty of, or has entered a plea of guilty or nolo contendere
  187  to, regardless of adjudication, any offense listed in s.
  188  435.04(2) unless the department has issued an exemption under s.
  189  397.4872. In accordance with s. 435.04, the department shall
  190  notify the credentialing agency of an owner’s, director’s or
  191  chief financial officer’s eligibility based on the results of a
  192  background screening.
  193         (7) A credentialing entity shall issue a certificate of
  194  compliance upon approval of the recovery residence’s application
  195  and inspection. The certification shall automatically terminate
  196  1 year after issuance if not renewed.
  197         (8) Onsite followup monitoring of a certified recovery
  198  residence may be conducted by the credentialing entity to
  199  determine continuing compliance with certification requirements.
  200  The credentialing entity shall inspect each certified recovery
  201  residence at least annually to ensure compliance.
  202         (a) A credentialing entity may suspend or revoke a
  203  certification if the recovery residence is not in compliance
  204  with any provision of this section or has failed to remedy any
  205  deficiency identified by the credentialing entity within the
  206  time period specified.
  207         (b) A certified recovery residence must notify the
  208  credentialing entity within 3 business days of the removal of
  209  the recovery residence’s certified recovery residence
  210  administrator due to termination, resignation or any other
  211  reason. The recovery residence shall have 30 days to retain a
  212  certified recovery residence administrator. The credentialing
  213  entity shall revoke the certificate of compliance of any
  214  recovery residence that fails to meet these requirements.
  215         (c) If any owner, director, or chief financial officer of a
  216  certified recovery residence is arrested for or found guilty of,
  217  or enters a plea of guilty or nolo contendere to, regardless of
  218  adjudication, any offense listed in s. 435.04(2) while acting in
  219  that capacity, the certified recovery residence shall
  220  immediately remove the person from that position and shall
  221  notify the credentialing entity within 3 business days after
  222  such removal. The credentialing entity shall revoke the
  223  certificate of compliance of a recovery residence that fails to
  224  meet these requirements.
  225         (d) A credentialing entity shall revoke a recovery
  226  residence’s certificate of compliance if the recovery residence
  227  provides false or misleading information to the credentialing
  228  entity at any time.
  229         (9) A person may not advertise to the public, in any way or
  230  by any medium whatsoever, any recovery residence as a “certified
  231  recovery residence” unless such recovery residence has first
  232  secured a certificate of compliance under this section. A person
  233  who violates this subsection commits a misdemeanor of the first
  234  degree, punishable as provided in s. 775.082 or s. 775.083.
  235         Section 3. Section 397.4871, Florida Statutes, is created
  236  to read:
  237         397.4871 Recovery residence administrator certification.—
  238         (1) It is the intent of the Legislature that a recovery
  239  residence administrator voluntarily earn and maintain
  240  certification from a credentialing entity approved by the
  241  Department of Children and Families. The Legislature further
  242  intends that certification ensure that an administrator has the
  243  competencies necessary to appropriately respond to the needs of
  244  residents, to maintain residence standards, and to meet
  245  residence certification requirements.
  246         (2) The department shall approve at least one credentialing
  247  entity by December 1, 2015, for the purpose of developing and
  248  administering a voluntary credentialing program for
  249  administrators. The department shall approve any credentialing
  250  entity that the department endorses pursuant to s. 397.321(16)
  251  if the credentialing entity also meets the requirements of this
  252  section. The approved credentialing entity shall:
  253         (a) Establish recovery residence administrator core
  254  competencies, certification requirements, testing instruments,
  255  and recertification requirements.
  256         (b) Establish a process to administer the certification
  257  application, award, and maintenance processes.
  258         (c) Develop and administer:
  259         1. A code of ethics and disciplinary process.
  260         2. Biennial continuing education requirements and annual
  261  certification renewal requirements.
  262         3. An education provider program to approve training
  263  entities that are qualified to provide precertification training
  264  to applicants and continuing education opportunities to
  265  certified persons.
  266         (3) A credentialing entity shall establish a certification
  267  program that:
  268         (a) Is directly related to the core competencies.
  269         (b) Establishes minimum requirements in each of the
  270  following categories:
  271         1. Training.
  272         2. On-the-job work experience.
  273         3. Supervision.
  274         4. Testing.
  275         5. Biennial continuing education.
  276         (c) Requires adherence to a code of ethics and provides for
  277  a disciplinary process that applies to certified persons.
  278         (d) Approves qualified training entities that provide
  279  precertification training to applicants and continuing education
  280  to certified recovery residence administrators. To avoid a
  281  conflict of interest, a credentialing entity or its affiliate
  282  may not deliver training to an applicant or continuing education
  283  to a certificateholder.
  284         (4) A credentialing entity shall establish application,
  285  examination, and certification fees and an annual certification
  286  renewal fee. The application, examination, and certification fee
  287  may not exceed $225. The annual certification renewal fee may
  288  not exceed $100.
  289         (5) All applicants are subject to level 2 background
  290  screening as provided under chapter 435. An applicant is
  291  ineligible, and a credentialing entity shall deny the
  292  application, if the applicant has been found guilty of, or has
  293  entered a plea of guilty or nolo contendere to, regardless of
  294  adjudication, any offense listed in s. 435.04(2) unless the
  295  department has issued an exemption under s. 397.4872. In
  296  accordance with s. 435.04, the department shall notify the
  297  credentialing agency of the applicant’s eligibility based on the
  298  results of a background screening.
  299         (6) The credentialing entity shall issue a certificate of
  300  compliance upon approval of a person’s application. The
  301  certification shall automatically terminate 1 year after
  302  issuance if not renewed.
  303         (a) A credentialing entity may suspend or revoke the
  304  recovery residence administrator’s certificate of compliance if
  305  the recovery residence administrator fails to adhere to the
  306  continuing education requirements.
  307         (b) If a certified recovery residence administrator of a
  308  recovery residence is arrested for or found guilty of, or enters
  309  a plea of guilty or nolo contendere to, regardless of
  310  adjudication, any offense listed in s. 435.04(2) while acting in
  311  that capacity, the recovery residence shall immediately remove
  312  the person from that position and shall notify the credentialing
  313  entity within 3 business days after such removal. The recovery
  314  residence shall have 30 days to retain a certified recovery
  315  residence administrator. The credentialing entity shall revoke
  316  the certificate of compliance of any recovery residence that
  317  fails to meet these requirements.
  318         (c) A credentialing entity shall revoke a recovery
  319  residence administrator’s certificate of compliance if the
  320  recovery residence administrator provides false or misleading
  321  information to the credentialing entity at any time.
  322         (7) A person may not advertise himself or herself to the
  323  public, in any way or by any medium whatsoever, as a “certified
  324  recovery residence administrator” unless he or she has first
  325  secured a certificate of compliance under this section. A person
  326  who violates this subsection commits a misdemeanor of the first
  327  degree, punishable as provided in s. 775.082 or s. 775.083.
  328         (8)A certified recovery residence administrator may not
  329  actively manage more than one recovery residence at any given
  330  time.
  331         Section 4. Section 397.4872, Florida Statutes, is created
  332  to read:
  333         397.4872 Exemption from disqualification; publication.—
  334         (1)Individual exemptions to staff disqualification or
  335  administrator ineligibility may be requested if a recovery
  336  residence deems the decision will benefit the program. Requests
  337  for exemptions shall be submitted in writing to the department
  338  within 20 days of the denial by the credentialing entity and
  339  must include a justification for the exemption.
  340         (2)The department may exempt a person from ss. 397.487
  341  (6)and 397.4871(5) if it has been at least 3 years since the
  342  person has completed or been lawfully released from confinement,
  343  supervision, or sanction for the disqualifying offense. An
  344  exemption from the disqualifying offenses may not be given under
  345  any circumstances for any person who is a:
  346         (a)Sexual predator pursuant to s. 775.21;
  347         (b)Career offender pursuant to s. 775.261; or
  348         (c)Sexual offender pursuant to s. 943.0435, unless the
  349  requirement to register as a sexual offender has been removed
  350  pursuant to s. 943.04354.
  351         (3)By April 1, 2016, each credentialing entity shall
  352  submit a list to the department of all recovery residences and
  353  recovery residence administrators certified by the credentialing
  354  entity that hold a valid certificate of compliance. Thereafter,
  355  the credentialing entity must notify the department within 3
  356  business days after a new recovery residence or recovery
  357  residence administrator is certified or a recovery residence or
  358  recovery residence administrator’s certificate expires or is
  359  terminated. The department shall publish on its website a list
  360  of all recovery residences that hold a valid certificate of
  361  compliance. The department shall also publish on its website a
  362  list of all recovery residence administrators who hold a valid
  363  certificate of compliance. A recovery residence or recovery
  364  residence administrator shall be excluded from the list upon
  365  written request to the department by the listed individual or
  366  entity.
  367         Section 5. Subsections (1) and (5) of section 397.407,
  368  Florida Statutes, are amended, and subsection (11) is added to
  369  that section, to read:
  370         397.407 Licensure process; fees.—
  371         (1) The department shall establish by rule the licensure
  372  process to include fees and categories of licenses. The rule
  373  must prescribe a fee range that is based, at least in part, on
  374  the number and complexity of programs listed in s. 397.311(22)
  375  397.311(18) which are operated by a licensee. The fees from the
  376  licensure of service components are sufficient to cover at least
  377  50 percent of the costs of regulating the service components.
  378  The department shall specify by rule a fee range for public and
  379  privately funded licensed service providers. Fees for privately
  380  funded licensed service providers must exceed the fees for
  381  publicly funded licensed service providers. During adoption of
  382  the rule governing the licensure process and fees, the
  383  department shall carefully consider the potential adverse impact
  384  on small, not-for-profit service providers.
  385         (5) The department may issue probationary, regular, and
  386  interim licenses. After adopting the rule governing the
  387  licensure process and fees, the department shall issue one
  388  license for each service component that is operated by a service
  389  provider and defined in rule pursuant to s. 397.311(22)
  390  397.311(18). The license is valid only for the specific service
  391  components listed for each specific location identified on the
  392  license. The licensed service provider shall apply for a new
  393  license at least 60 days before the addition of any service
  394  components or 30 days before the relocation of any of its
  395  service sites. Provision of service components or delivery of
  396  services at a location not identified on the license may be
  397  considered an unlicensed operation that authorizes the
  398  department to seek an injunction against operation as provided
  399  in s. 397.401, in addition to other sanctions authorized by s.
  400  397.415. Probationary and regular licenses may be issued only
  401  after all required information has been submitted. A license may
  402  not be transferred. As used in this subsection, the term
  403  “transfer” includes, but is not limited to, the transfer of a
  404  majority of the ownership interest in the licensed entity or
  405  transfer of responsibilities under the license to another entity
  406  by contractual arrangement.
  407         (11)Effective July 1, 2016, a service provider licensed
  408  under this part may not refer a current or discharged patient to
  409  a recovery residence unless the recovery residence holds a valid
  410  certificate of compliance as provided in s. 397.487, and is
  411  actively managed by a certified recovery residence administrator
  412  as provided in s. 397.4871, or is owned and operated by a
  413  licensed service provider or a licensed service provider’s
  414  wholly owned subsidiary. For purposes of this subsection, the
  415  term “refer” means to inform a patient by any means about the
  416  name, address, or other details of the recovery residence.
  417  However, this subsection does not require a licensed service
  418  provider to refer any patient to a recovery residence.
  419         Section 6. Paragraph (e) of subsection (5) of section
  420  212.055, Florida Statutes, is amended to read:
  421         212.055 Discretionary sales surtaxes; legislative intent;
  422  authorization and use of proceeds.—It is the legislative intent
  423  that any authorization for imposition of a discretionary sales
  424  surtax shall be published in the Florida Statutes as a
  425  subsection of this section, irrespective of the duration of the
  426  levy. Each enactment shall specify the types of counties
  427  authorized to levy; the rate or rates which may be imposed; the
  428  maximum length of time the surtax may be imposed, if any; the
  429  procedure which must be followed to secure voter approval, if
  430  required; the purpose for which the proceeds may be expended;
  431  and such other requirements as the Legislature may provide.
  432  Taxable transactions and administrative procedures shall be as
  433  provided in s. 212.054.
  434         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  435  s. 125.011(1) may levy the surtax authorized in this subsection
  436  pursuant to an ordinance either approved by extraordinary vote
  437  of the county commission or conditioned to take effect only upon
  438  approval by a majority vote of the electors of the county voting
  439  in a referendum. In a county as defined in s. 125.011(1), for
  440  the purposes of this subsection, “county public general
  441  hospital” means a general hospital as defined in s. 395.002
  442  which is owned, operated, maintained, or governed by the county
  443  or its agency, authority, or public health trust.
  444         (e) A governing board, agency, or authority shall be
  445  chartered by the county commission upon this act becoming law.
  446  The governing board, agency, or authority shall adopt and
  447  implement a health care plan for indigent health care services.
  448  The governing board, agency, or authority shall consist of no
  449  more than seven and no fewer than five members appointed by the
  450  county commission. The members of the governing board, agency,
  451  or authority shall be at least 18 years of age and residents of
  452  the county. No member may be employed by or affiliated with a
  453  health care provider or the public health trust, agency, or
  454  authority responsible for the county public general hospital.
  455  The following community organizations shall each appoint a
  456  representative to a nominating committee: the South Florida
  457  Hospital and Healthcare Association, the Miami-Dade County
  458  Public Health Trust, the Dade County Medical Association, the
  459  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  460  County. This committee shall nominate between 10 and 14 county
  461  citizens for the governing board, agency, or authority. The
  462  slate shall be presented to the county commission and the county
  463  commission shall confirm the top five to seven nominees,
  464  depending on the size of the governing board. Until such time as
  465  the governing board, agency, or authority is created, the funds
  466  provided for in subparagraph (d)2. shall be placed in a
  467  restricted account set aside from other county funds and not
  468  disbursed by the county for any other purpose.
  469         1. The plan shall divide the county into a minimum of four
  470  and maximum of six service areas, with no more than one
  471  participant hospital per service area. The county public general
  472  hospital shall be designated as the provider for one of the
  473  service areas. Services shall be provided through participants’
  474  primary acute care facilities.
  475         2. The plan and subsequent amendments to it shall fund a
  476  defined range of health care services for both indigent persons
  477  and the medically poor, including primary care, preventive care,
  478  hospital emergency room care, and hospital care necessary to
  479  stabilize the patient. For the purposes of this section,
  480  “stabilization” means stabilization as defined in s. 397.311(41)
  481  397.311(35). Where consistent with these objectives, the plan
  482  may include services rendered by physicians, clinics, community
  483  hospitals, and alternative delivery sites, as well as at least
  484  one regional referral hospital per service area. The plan shall
  485  provide that agreements negotiated between the governing board,
  486  agency, or authority and providers shall recognize hospitals
  487  that render a disproportionate share of indigent care, provide
  488  other incentives to promote the delivery of charity care to draw
  489  down federal funds where appropriate, and require cost
  490  containment, including, but not limited to, case management.
  491  From the funds specified in subparagraphs (d)1. and 2. for
  492  indigent health care services, service providers shall receive
  493  reimbursement at a Medicaid rate to be determined by the
  494  governing board, agency, or authority created pursuant to this
  495  paragraph for the initial emergency room visit, and a per-member
  496  per-month fee or capitation for those members enrolled in their
  497  service area, as compensation for the services rendered
  498  following the initial emergency visit. Except for provisions of
  499  emergency services, upon determination of eligibility,
  500  enrollment shall be deemed to have occurred at the time services
  501  were rendered. The provisions for specific reimbursement of
  502  emergency services shall be repealed on July 1, 2001, unless
  503  otherwise reenacted by the Legislature. The capitation amount or
  504  rate shall be determined prior to program implementation by an
  505  independent actuarial consultant. In no event shall such
  506  reimbursement rates exceed the Medicaid rate. The plan must also
  507  provide that any hospitals owned and operated by government
  508  entities on or after the effective date of this act must, as a
  509  condition of receiving funds under this subsection, afford
  510  public access equal to that provided under s. 286.011 as to any
  511  meeting of the governing board, agency, or authority the subject
  512  of which is budgeting resources for the retention of charity
  513  care, as that term is defined in the rules of the Agency for
  514  Health Care Administration. The plan shall also include
  515  innovative health care programs that provide cost-effective
  516  alternatives to traditional methods of service and delivery
  517  funding.
  518         3. The plan’s benefits shall be made available to all
  519  county residents currently eligible to receive health care
  520  services as indigents or medically poor as defined in paragraph
  521  (4)(d).
  522         4. Eligible residents who participate in the health care
  523  plan shall receive coverage for a period of 12 months or the
  524  period extending from the time of enrollment to the end of the
  525  current fiscal year, per enrollment period, whichever is less.
  526         5. At the end of each fiscal year, the governing board,
  527  agency, or authority shall prepare an audit that reviews the
  528  budget of the plan, delivery of services, and quality of
  529  services, and makes recommendations to increase the plan’s
  530  efficiency. The audit shall take into account participant
  531  hospital satisfaction with the plan and assess the amount of
  532  poststabilization patient transfers requested, and accepted or
  533  denied, by the county public general hospital.
  534         Section 7. Subsection (6) of section 394.9085, Florida
  535  Statutes, is amended to read:
  536         394.9085 Behavioral provider liability.—
  537         (6) For purposes of this section, the terms “detoxification
  538  services,” “addictions receiving facility,” and “receiving
  539  facility” have the same meanings as those provided in ss.
  540  397.311(22)(a)4. 397.311(18)(a)4., 397.311(22)(a)1.
  541  397.311(18)(a)1., and 394.455(26), respectively.
  542         Section 8. Subsection (8) of section 397.405, Florida
  543  Statutes, is amended to read:
  544         397.405 Exemptions from licensure.—The following are exempt
  545  from the licensing provisions of this chapter:
  546         (8) A legally cognizable church or nonprofit religious
  547  organization or denomination providing substance abuse services,
  548  including prevention services, which are solely religious,
  549  spiritual, or ecclesiastical in nature. A church or nonprofit
  550  religious organization or denomination providing any of the
  551  licensed service components itemized under s. 397.311(22)
  552  397.311(18) is not exempt from substance abuse licensure but
  553  retains its exemption with respect to all services which are
  554  solely religious, spiritual, or ecclesiastical in nature.
  556         The exemptions from licensure in this section do not apply
  557  to any service provider that receives an appropriation, grant,
  558  or contract from the state to operate as a service provider as
  559  defined in this chapter or to any substance abuse program
  560  regulated pursuant to s. 397.406. Furthermore, this chapter may
  561  not be construed to limit the practice of a physician or
  562  physician assistant licensed under chapter 458 or chapter 459, a
  563  psychologist licensed under chapter 490, a psychotherapist
  564  licensed under chapter 491, or an advanced registered nurse
  565  practitioner licensed under part I of chapter 464, who provides
  566  substance abuse treatment, so long as the physician, physician
  567  assistant, psychologist, psychotherapist, or advanced registered
  568  nurse practitioner does not represent to the public that he or
  569  she is a licensed service provider and does not provide services
  570  to individuals pursuant to part V of this chapter. Failure to
  571  comply with any requirement necessary to maintain an exempt
  572  status under this section is a misdemeanor of the first degree,
  573  punishable as provided in s. 775.082 or s. 775.083.
  574         Section 9. Section 397.416, Florida Statutes, is amended to
  575  read:
  576         397.416 Substance abuse treatment services; qualified
  577  professional.—Notwithstanding any other provision of law, a
  578  person who was certified through a certification process
  579  recognized by the former Department of Health and Rehabilitative
  580  Services before January 1, 1995, may perform the duties of a
  581  qualified professional with respect to substance abuse treatment
  582  services as defined in this chapter, and need not meet the
  583  certification requirements contained in s. 397.311(30)
  584  397.311(26).
  585         Section 10. Paragraphs (d) and (g) of subsection (1) of
  586  section 440.102, Florida Statutes, are amended to read:
  587         440.102 Drug-free workplace program requirements.—The
  588  following provisions apply to a drug-free workplace program
  589  implemented pursuant to law or to rules adopted by the Agency
  590  for Health Care Administration:
  591         (1) DEFINITIONS.—Except where the context otherwise
  592  requires, as used in this act:
  593         (d) “Drug rehabilitation program” means a service provider,
  594  established pursuant to s. 397.311(39) 397.311(33), that
  595  provides confidential, timely, and expert identification,
  596  assessment, and resolution of employee drug abuse.
  597         (g) “Employee assistance program” means an established
  598  program capable of providing expert assessment of employee
  599  personal concerns; confidential and timely identification
  600  services with regard to employee drug abuse; referrals of
  601  employees for appropriate diagnosis, treatment, and assistance;
  602  and followup services for employees who participate in the
  603  program or require monitoring after returning to work. If, in
  604  addition to the above activities, an employee assistance program
  605  provides diagnostic and treatment services, these services shall
  606  in all cases be provided by service providers pursuant to s.
  607  397.311(39) 397.311(33).
  608         Section 11. This act shall take effect July 1, 2015.