Florida Senate - 2019              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 900
       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. 394.4572, F.S.; authorizing the Department of
    4         Children and Families and the Agency for Health Care
    5         Administration to grant exemptions from
    6         disqualification for certain service provider
    7         personnel; amending s. 397.311, F.S.; redefining the
    8         terms “clinical supervisor” and “recovery residence”;
    9         defining the terms “clinical services supervisor,”
   10         “clinical director,” and “peer specialist”; amending
   11         s. 397.321, F.S.; providing for the review of certain
   12         decisions by a department-recognized certifying
   13         entity; authorizing certain persons to request an
   14         administrative hearing within a specified timeframe
   15         and under certain circumstances; amending s. 397.4073,
   16         F.S.; requiring individuals screened on or after a
   17         specified date to undergo specified background
   18         screening; requiring the department to grant or deny a
   19         request for an exemption from qualification within a
   20         certain timeframe; authorizing certain applicants for
   21         an exemption to work under the supervision of certain
   22         persons for a specified period of time while his or
   23         her application is pending; authorizing certain
   24         persons to be exempt from disqualification from
   25         employment; authorizing the department to grant
   26         exemptions from disqualification for service provider
   27         personnel to work solely in certain treatment programs
   28         and facilities; amending s. 397.4075, F.S.; increasing
   29         the criminal penalty for certain unlawful activities
   30         relating to personnel; providing a criminal penalty
   31         for inaccurately disclosing certain facts in an
   32         application for licensure; creating s. 397.417, F.S.;
   33         providing legislative intent; authorizing an
   34         individual to seek certification as a peer specialist
   35         if he or she meets certain requirements; requiring the
   36         department to approve one or more third-party
   37         credentialing entities for specified purposes;
   38         requiring the credentialing entity to demonstrate
   39         compliance with certain standards in order to be
   40         approved by the department; requiring an individual
   41         providing department-funded recovery support services
   42         as a peer specialist to be certified; authorizing an
   43         individual who is not certified to provide recovery
   44         support services as a peer specialist under certain
   45         circumstances; prohibiting an individual who is not a
   46         certified peer specialist from advertising or
   47         providing recovery services unless the person is
   48         exempt; providing criminal penalties; authorizing the
   49         department, a behavioral health managing entity, or
   50         the Medicaid program to reimburse peer specialist
   51         services as a recovery service; encouraging Medicaid
   52         managed care plans to use peer specialists in
   53         providing recovery services; amending s. 397.487,
   54         F.S.; revising legislative findings relating to
   55         voluntary certification of recovery residences;
   56         revising background screening requirements for owners,
   57         directors, and chief financial officers of recovery
   58         residences; authorizing a certified recovery residence
   59         to immediately discharge or transfer residents under
   60         certain circumstances; specifying that a local
   61         governmental entity is not prohibited from requiring
   62         mandatory certification of recovery residences for
   63         certain purposes; requiring the Sober Homes Task Force
   64         within the Office of the State Attorney of the
   65         Fifteenth Judicial Circuit to submit a report to the
   66         Legislature containing certain recommendations;
   67         amending s. 397.4873, F.S.; expanding the exceptions
   68         to limitations on referrals by recovery residences to
   69         licensed service providers; amending s. 397.55, F.S.;
   70         revising the requirements for a service provider,
   71         operator of a recovery residence, or certain third
   72         parties to enter into certain contracts with marketing
   73         providers; amending s. 435.07, F.S.; authorizing the
   74         exemption of certain persons from disqualification
   75         from employment; amending s. 553.80, F.S.; requiring
   76         that a single-family or two-family dwelling used as a
   77         recovery residence be deemed a single-family or two
   78         family dwelling for purposes of the Florida Building
   79         Code; amending ss. 212.055, 397.416, and 440.102,
   80         F.S.; conforming cross-references; providing an
   81         effective date.
   83  Be It Enacted by the Legislature of the State of Florida:
   85         Section 1. Subsection (2) of section 394.4572, Florida
   86  Statutes, is amended to read:
   87         394.4572 Screening of mental health personnel.—
   88         (2)(a) The department or the Agency for Health Care
   89  Administration may grant exemptions from disqualification as
   90  provided in chapter 435.
   91         (b)The department or the Agency for Health Care
   92  Administration, as applicable, may grant exemptions from
   93  disqualification for service provider personnel to work solely
   94  in mental health treatment programs or facilities, or in
   95  programs or facilities that treat co-occurring substance use and
   96  mental health disorders.
   97         Section 2. Present subsections (30) through (49) of section
   98  397.311, Florida Statutes, are redesignated as subsections (31)
   99  through (50), respectively, subsection (8) and present
  100  subsection (37) of that section are amended, and subsection (30)
  101  is added to that section, to read:
  102         397.311 Definitions.—As used in this chapter, except part
  103  VIII, the term:
  104         (8)“Clinical supervisor,“clinical services supervisor,”
  105  or “clinical director” means a person who meets the requirements
  106  of a qualified professional and who manages personnel who
  107  provide direct clinical services, or who maintains lead
  108  responsibility for the overall coordination and provision of
  109  clinical services treatment.
  110         (30) “Peer specialist” means a person who has been in
  111  recovery from a substance use disorder or mental illness for at
  112  least 2 years and who uses his or her personal experience to
  113  provide services in behavioral health settings, supporting
  114  others in their recovery; or a person who has at least 2 years
  115  of experience as a family member or caregiver of an individual
  116  who has a substance use disorder or mental illness. The term
  117  does not include a qualified professional or a person otherwise
  118  certified under chapter 394 or chapter 397.
  119         (38)(37) “Recovery residence” means a residential dwelling
  120  unit, or other form of group housing, including group housing
  121  that is part of any licensable community housing component
  122  established by rule or statute, which that is offered or
  123  advertised through any means, including oral, written,
  124  electronic, or printed means, by any person or entity as a
  125  residence that provides a peer-supported, alcohol-free, and
  126  drug-free living environment.
  127         Section 3. Subsection (15) of section 397.321, Florida
  128  Statutes, is amended to read:
  129         397.321 Duties of the department.—The department shall:
  130         (15) Recognize a statewide certification process for
  131  addiction professionals and identify and endorse one or more
  132  agencies responsible for such certification of service provider
  133  personnel. Any decision by a department-recognized certifying
  134  entity to deny, revoke, or suspend a certification, or otherwise
  135  impose sanctions on an individual who is certified, is
  136  reviewable by the department. Upon receiving an adverse
  137  determination, the person aggrieved may request an
  138  administrative hearing conducted pursuant to ss. 120.569 and
  139  120.57(1) within 30 days after completing any appeals process
  140  offered by the credentialing entity or the department, as
  141  applicable.
  142         Section 4. Paragraphs (a), (f), and (g) of subsection (1),
  143  and subsection (4) of section 397.4073, Florida Statutes, are
  144  amended to read:
  145         397.4073 Background checks of service provider personnel.—
  148         (a) For all individuals screened on or after July 1, 2019,
  149  background checks shall apply as follows:
  150         1. All owners, directors, chief financial officers, and
  151  clinical supervisors of service providers are subject to level 2
  152  background screening as provided under chapter 435 and s.
  153  408.809. Inmate substance abuse programs operated directly or
  154  under contract with the Department of Corrections are exempt
  155  from this requirement.
  156         2. All service provider personnel who have direct contact
  157  with children receiving services or with adults who are
  158  developmentally disabled receiving services are subject to level
  159  2 background screening as provided under chapter 435 and s.
  160  408.809.
  161         3. All peer specialists who have direct contact with
  162  individuals receiving services are subject to level 2 background
  163  screening as provided under chapter 435 and s. 408.809.
  164         (f) Service provider personnel who request an exemption
  165  from disqualification must submit the request within 30 days
  166  after being notified of the disqualification. The department
  167  shall grant or deny the request within 60 days after receipt of
  168  a complete application.
  169         (g) If 5 years or more have elapsed since an applicant for
  170  an exemption from disqualification has completed or has been
  171  lawfully released from confinement, supervision, or a
  172  nonmonetary condition imposed by a court for the applicant’s
  173  most recent disqualifying offense, the applicant may work with
  174  adults with substance use disorders or co-occurring disorders
  175  under the supervision of persons who meet all personnel
  176  requirements of this chapter for up to 90 days after being
  177  notified of his or her disqualification or until the department
  178  makes a final determination regarding his or her request for an
  179  exemption from disqualification, whichever is earlier the most
  180  recent disqualifying offense, service provider personnel may
  181  work with adults with substance use disorders under the
  182  supervision of a qualified professional licensed under chapter
  183  490 or chapter 491 or a master’s-level-certified addictions
  184  professional until the agency makes a final determination
  185  regarding the request for an exemption from disqualification.
  186         (h)(g) The department may not issue a regular license to
  187  any service provider that fails to provide proof that background
  188  screening information has been submitted in accordance with
  189  chapter 435.
  191         (a) The department may grant to any service provider
  192  personnel an exemption from disqualification as provided in s.
  193  435.07.
  194         (b) Since rehabilitated substance abuse impaired persons
  195  are effective in the successful treatment and rehabilitation of
  196  individuals with substance use disorders, for service providers
  197  which treat adolescents 13 years of age and older, service
  198  provider personnel whose background checks indicate crimes under
  199  s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s.
  200  831.01, s. 831.02, s. 893.13, or s. 893.147, and any related
  201  criminal attempt, solicitation, or conspiracy under s. 777.04,
  202  may be exempted from disqualification from employment pursuant
  203  to this paragraph.
  204         (c) The department may grant exemptions from
  205  disqualification for service provider personnel to work solely
  206  in substance use disorder treatment programs, facilities, or
  207  recovery residences or in programs or facilities that treat co
  208  occurring substance use and mental health disorders. The
  209  department may further limit such grant exemptions from
  210  disqualification which would limit service provider personnel to
  211  working with adults in substance abuse treatment facilities.
  212         Section 5. Section 397.4075, Florida Statutes, is amended
  213  to read:
  214         397.4075 Unlawful activities relating to personnel;
  215  penalties.—It is a felony of the third misdemeanor of the first
  216  degree, punishable as provided in s. 775.082 or s. 775.083, for
  217  any person willfully, knowingly, or intentionally to:
  218         (1) Inaccurately disclose by false statement,
  219  misrepresentation, impersonation, or other fraudulent means, or
  220  fail to disclose, in any application for licensure or voluntary
  221  or paid employment, any fact which is material in making a
  222  determination as to the person’s qualifications to be an owner,
  223  a director, a volunteer, or other personnel of a service
  224  provider;
  225         (2) Operate or attempt to operate as a service provider
  226  with personnel who are in noncompliance with the minimum
  227  standards contained in this chapter; or
  228         (3) Use or release any criminal or juvenile information
  229  obtained under this chapter for any purpose other than
  230  background checks of personnel for employment.
  231         Section 6. Section 397.417, Florida Statutes, is created to
  232  read:
  233         397.417 Peer Specialists.—
  234         (1)The Legislature intends to expand the use of peer
  235  specialists as a cost-effective means of providing services by
  236  ensuring that peer specialists meet specified qualifications,
  237  meet modified background screening requirements, and are
  238  adequately reimbursed for their services.
  239         (2) An individual may seek certification as a peer
  240  specialist if he or she has been in recovery from a substance
  241  use disorder or mental illness for at least 2 years, or if he or
  242  she has at least 2 years of experience as a family member or
  243  caregiver of a person with a substance use disorder or mental
  244  illness.
  245         (3) The department shall approve one or more third-party
  246  credentialing entities for the purposes of certifying peer
  247  specialists, approving training programs for individuals seeking
  248  certification as peer specialists, approving continuing
  249  education programs, and establishing the minimum requirements
  250  and standards that applicants must achieve to maintain
  251  certification. To obtain approval, the third-party credentialing
  252  entity must demonstrate compliance with nationally recognized
  253  standards for developing and administering professional
  254  certification programs to certify peer specialists.
  255         (4) An individual providing department-funded recovery
  256  support services as a peer specialist shall be certified
  257  pursuant to subsection (3). An individual who is not certified
  258  may provide recovery support services as a peer specialist for
  259  up to 1 year if he or she is working toward certification and is
  260  supervised by a qualified professional or by a certified peer
  261  specialist who has at least 3 years of full-time experience as a
  262  peer specialist at a licensed behavioral health organization.
  263         (5) An individual who is not a certified peer specialist
  264  may not advertise recovery services to the public in any way, or
  265  by any medium; or provide recovery services as a peer
  266  specialist, unless the person is exempt under subsection (4).
  267  Any individual who violates this subsection commits a
  268  misdemeanor of the first degree, punishable as provided in s.
  269  775.082 or s. 775.083.
  270         (6)Peer specialist services may be reimbursed as a
  271  recovery service through the department, a behavioral health
  272  managing entity, or the Medicaid program. Medicaid managed care
  273  plans are encouraged to use peer specialists in providing
  274  recovery services.
  275         Section 7. Subsections (1) and (6) of section 397.487,
  276  Florida Statutes, are amended, and subsections (11), (12), and
  277  (13) are added to that section, to read:
  278         397.487 Voluntary certification of recovery residences.—
  279         (1) The Legislature finds that a person suffering from
  280  addiction has a higher success rate of achieving long-lasting
  281  sobriety when given the opportunity to build a stronger
  282  foundation by living in a recovery residence while receiving
  283  treatment or after completing treatment. The Legislature further
  284  finds that this state and its subdivisions have a legitimate
  285  state interest in protecting these persons, who represent a
  286  vulnerable consumer population in need of adequate housing. It
  287  is the intent of the Legislature to protect persons who reside
  288  in a recovery residence.
  289         (6) All owners, directors, and chief financial officers of
  290  an applicant recovery residence are subject to level 2
  291  background screening as provided under chapter 435 and s.
  292  408.809. A recovery residence is ineligible for certification,
  293  and a credentialing entity shall deny a recovery residence’s
  294  application, if any owner, director, or chief financial officer
  295  has been found guilty of, or has entered a plea of guilty or
  296  nolo contendere to, regardless of adjudication, any offense
  297  listed in s. 435.04(2) or s. 408.809(4) unless the department
  298  has issued an exemption under s. 397.4073 or s. 397.4872. In
  299  accordance with s. 435.04, the department shall notify the
  300  credentialing agency of an owner’s, director’s, or chief
  301  financial officer’s eligibility based on the results of his or
  302  her background screening.
  303         (11) Notwithstanding any landlord and tenant rights and
  304  obligations under chapter 83, a recovery residence that is
  305  certified under this section and that has a discharge policy
  306  approved by a credentialing entity may immediately discharge or
  307  transfer a resident under any of the following circumstances:
  308         (a) The discharge or transfer is necessary for the
  309  resident’s welfare.
  310         (b) The resident’s needs cannot be met at the recovery
  311  residence.
  312         (c) The health and safety of other residents or recovery
  313  residence employees is at risk or would be at risk if the
  314  resident continues to live at the recovery residence.
  315         (12)This section does not prohibit a local governmental
  316  entity from requiring mandatory certification of recovery
  317  residences as part of a reasonable accommodation process to
  318  protect the health and safety of the residents.
  319         (13)By January 1, 2020, the Sober Homes Task Force within
  320  the Office of the State Attorney of the Fifteenth Judicial
  321  Circuit shall submit a report to the President of the Senate and
  322  the Speaker of the House of Representatives which contains
  323  recommendations on mandatory statewide certification of recovery
  324  residences.
  325         Section 8. Paragraph (d) is added to subsection (2) of
  326  section 397.4873, Florida Statutes, and subsection (1) of that
  327  section is republished, to read:
  328         397.4873 Referrals to or from recovery residences;
  329  prohibitions; penalties.—
  330         (1) A service provider licensed under this part may not
  331  make a referral of a prospective, current, or discharged patient
  332  to, or accept a referral of such a patient from, a recovery
  333  residence unless the recovery residence holds a valid
  334  certificate of compliance as provided in s. 397.487 and is
  335  actively managed by a certified recovery residence administrator
  336  as provided in s. 397.4871.
  337         (2) Subsection (1) does not apply to:
  338         (d)The referral of a patient to, or acceptance of a
  339  referral of such a patient from, a recovery residence that has
  340  no direct or indirect financial or other referral relationship
  341  with the provider and that is democratically operated by its
  342  residents pursuant to a charter from an entity recognized or
  343  sanctioned by Congress, and where the residence or any resident
  344  of the residence does not receive a benefit, directly or
  345  indirectly, for the referral.
  346         Section 9. Paragraph (d) of subsection (1) of section
  347  397.55, Florida Statutes, is amended to read:
  348         397.55 Prohibition of deceptive marketing practices.—
  349         (1) The Legislature recognizes that consumers of substance
  350  abuse treatment have disabling conditions and that such
  351  consumers and their families are vulnerable and at risk of being
  352  easily victimized by fraudulent marketing practices that
  353  adversely impact the delivery of health care. To protect the
  354  health, safety, and welfare of this vulnerable population, a
  355  service provider, an operator of a recovery residence, or a
  356  third party who provides any form of advertising or marketing
  357  services to a service provider or an operator of a recovery
  358  residence may not engage in any of the following marketing
  359  practices:
  360         (d) Entering into a contract with a marketing provider who
  361  agrees to generate referrals or leads for the placement of
  362  patients with a service provider or in a recovery residence
  363  through a call center or a web-based presence, unless the
  364  contract requires such agreement and the marketing provider
  365  service provider or the operator of the recovery residence
  366  discloses the following to the prospective patient so that the
  367  patient can make an informed health care decision:
  368         1. Information about the specific licensed service
  369  providers or recovery residences that are represented by the
  370  marketing provider and pay a fee to the marketing provider,
  371  including the identity of such service providers or recovery
  372  residences; and
  373         2. Clear and concise instructions that allow the
  374  prospective patient to easily access lists of licensed service
  375  providers and recovery residences on the department website.
  376         Section 10. Subsection (2) of section 435.07, Florida
  377  Statutes, is amended to read:
  378         435.07 Exemptions from disqualification.—Unless otherwise
  379  provided by law, the provisions of this section apply to
  380  exemptions from disqualification for disqualifying offenses
  381  revealed pursuant to background screenings required under this
  382  chapter, regardless of whether those disqualifying offenses are
  383  listed in this chapter or other laws.
  384         (2) Persons employed, or applicants for employment, by
  385  treatment providers who treat adolescents 13 years of age and
  386  older who are disqualified from employment solely because of
  387  crimes under s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s.
  388  817.563, s. 831.01, s. 831.02, s. 893.13, or s. 893.147, or any
  389  related criminal attempt, solicitation, or conspiracy under s.
  390  777.04, may be exempted from disqualification from employment
  391  pursuant to this chapter without application of the waiting
  392  period in subparagraph (1)(a)1.
  393         Section 11. Subsection (9) is added to section 553.80,
  394  Florida Statutes, to read:
  395         553.80 Enforcement.—
  396         (9) If a single-family or two-family dwelling is used as a
  397  recovery residence, as defined in s. 397.311, such dwelling
  398  shall be deemed a single-family or two-family dwelling for
  399  purposes of the Florida Building Code.
  400         Section 12. Paragraph (e) of subsection (5) of section
  401  212.055, Florida Statutes, is amended to read:
  402         212.055 Discretionary sales surtaxes; legislative intent;
  403  authorization and use of proceeds.—It is the legislative intent
  404  that any authorization for imposition of a discretionary sales
  405  surtax shall be published in the Florida Statutes as a
  406  subsection of this section, irrespective of the duration of the
  407  levy. Each enactment shall specify the types of counties
  408  authorized to levy; the rate or rates which may be imposed; the
  409  maximum length of time the surtax may be imposed, if any; the
  410  procedure which must be followed to secure voter approval, if
  411  required; the purpose for which the proceeds may be expended;
  412  and such other requirements as the Legislature may provide.
  413  Taxable transactions and administrative procedures shall be as
  414  provided in s. 212.054.
  415         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  416  s. 125.011(1) may levy the surtax authorized in this subsection
  417  pursuant to an ordinance either approved by extraordinary vote
  418  of the county commission or conditioned to take effect only upon
  419  approval by a majority vote of the electors of the county voting
  420  in a referendum. In a county as defined in s. 125.011(1), for
  421  the purposes of this subsection, “county public general
  422  hospital” means a general hospital as defined in s. 395.002
  423  which is owned, operated, maintained, or governed by the county
  424  or its agency, authority, or public health trust.
  425         (e) A governing board, agency, or authority shall be
  426  chartered by the county commission upon this act becoming law.
  427  The governing board, agency, or authority shall adopt and
  428  implement a health care plan for indigent health care services.
  429  The governing board, agency, or authority shall consist of no
  430  more than seven and no fewer than five members appointed by the
  431  county commission. The members of the governing board, agency,
  432  or authority shall be at least 18 years of age and residents of
  433  the county. No member may be employed by or affiliated with a
  434  health care provider or the public health trust, agency, or
  435  authority responsible for the county public general hospital.
  436  The following community organizations shall each appoint a
  437  representative to a nominating committee: the South Florida
  438  Hospital and Healthcare Association, the Miami-Dade County
  439  Public Health Trust, the Dade County Medical Association, the
  440  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  441  County. This committee shall nominate between 10 and 14 county
  442  citizens for the governing board, agency, or authority. The
  443  slate shall be presented to the county commission and the county
  444  commission shall confirm the top five to seven nominees,
  445  depending on the size of the governing board. Until such time as
  446  the governing board, agency, or authority is created, the funds
  447  provided for in subparagraph (d)2. shall be placed in a
  448  restricted account set aside from other county funds and not
  449  disbursed by the county for any other purpose.
  450         1. The plan shall divide the county into a minimum of four
  451  and maximum of six service areas, with no more than one
  452  participant hospital per service area. The county public general
  453  hospital shall be designated as the provider for one of the
  454  service areas. Services shall be provided through participants’
  455  primary acute care facilities.
  456         2. The plan and subsequent amendments to it shall fund a
  457  defined range of health care services for both indigent persons
  458  and the medically poor, including primary care, preventive care,
  459  hospital emergency room care, and hospital care necessary to
  460  stabilize the patient. For the purposes of this section,
  461  “stabilization” means stabilization as defined in s. 397.311 s.
  462  397.311(45). Where consistent with these objectives, the plan
  463  may include services rendered by physicians, clinics, community
  464  hospitals, and alternative delivery sites, as well as at least
  465  one regional referral hospital per service area. The plan shall
  466  provide that agreements negotiated between the governing board,
  467  agency, or authority and providers shall recognize hospitals
  468  that render a disproportionate share of indigent care, provide
  469  other incentives to promote the delivery of charity care to draw
  470  down federal funds where appropriate, and require cost
  471  containment, including, but not limited to, case management.
  472  From the funds specified in subparagraphs (d)1. and 2. for
  473  indigent health care services, service providers shall receive
  474  reimbursement at a Medicaid rate to be determined by the
  475  governing board, agency, or authority created pursuant to this
  476  paragraph for the initial emergency room visit, and a per-member
  477  per-month fee or capitation for those members enrolled in their
  478  service area, as compensation for the services rendered
  479  following the initial emergency visit. Except for provisions of
  480  emergency services, upon determination of eligibility,
  481  enrollment shall be deemed to have occurred at the time services
  482  were rendered. The provisions for specific reimbursement of
  483  emergency services shall be repealed on July 1, 2001, unless
  484  otherwise reenacted by the Legislature. The capitation amount or
  485  rate shall be determined before program implementation by an
  486  independent actuarial consultant. In no event shall such
  487  reimbursement rates exceed the Medicaid rate. The plan must also
  488  provide that any hospitals owned and operated by government
  489  entities on or after the effective date of this act must, as a
  490  condition of receiving funds under this subsection, afford
  491  public access equal to that provided under s. 286.011 as to any
  492  meeting of the governing board, agency, or authority the subject
  493  of which is budgeting resources for the retention of charity
  494  care, as that term is defined in the rules of the Agency for
  495  Health Care Administration. The plan shall also include
  496  innovative health care programs that provide cost-effective
  497  alternatives to traditional methods of service and delivery
  498  funding.
  499         3. The plan’s benefits shall be made available to all
  500  county residents currently eligible to receive health care
  501  services as indigents or medically poor as defined in paragraph
  502  (4)(d).
  503         4. Eligible residents who participate in the health care
  504  plan shall receive coverage for a period of 12 months or the
  505  period extending from the time of enrollment to the end of the
  506  current fiscal year, per enrollment period, whichever is less.
  507         5. At the end of each fiscal year, the governing board,
  508  agency, or authority shall prepare an audit that reviews the
  509  budget of the plan, delivery of services, and quality of
  510  services, and makes recommendations to increase the plan’s
  511  efficiency. The audit shall take into account participant
  512  hospital satisfaction with the plan and assess the amount of
  513  poststabilization patient transfers requested, and accepted or
  514  denied, by the county public general hospital.
  515         Section 13. Section 397.416, Florida Statutes, is amended
  516  to read:
  517         397.416 Substance abuse treatment services; qualified
  518  professional.—Notwithstanding any other provision of law, a
  519  person who was certified through a certification process
  520  recognized by the former Department of Health and Rehabilitative
  521  Services before January 1, 1995, may perform the duties of a
  522  qualified professional with respect to substance abuse treatment
  523  services as defined in this chapter, and need not meet the
  524  certification requirements contained in s. 397.311(35) s.
  525  397.311(34).
  526         Section 14. Paragraphs (d) and (g) of subsection (1) of
  527  section 440.102, Florida Statutes, are amended to read:
  528         440.102 Drug-free workplace program requirements.—The
  529  following provisions apply to a drug-free workplace program
  530  implemented pursuant to law or to rules adopted by the Agency
  531  for Health Care Administration:
  532         (1) DEFINITIONS.—Except where the context otherwise
  533  requires, as used in this act:
  534         (d) “Drug rehabilitation program” means a service provider
  535  as defined in s. 397.311 which, established pursuant to s.
  536  397.311(43), that provides confidential, timely, and expert
  537  identification, assessment, and resolution of employee drug
  538  abuse.
  539         (g) “Employee assistance program” means an established
  540  program capable of providing expert assessment of employee
  541  personal concerns; confidential and timely identification
  542  services with regard to employee drug abuse; referrals of
  543  employees for appropriate diagnosis, treatment, and assistance;
  544  and followup services for employees who participate in the
  545  program or require monitoring after returning to work. If, in
  546  addition to the above activities, an employee assistance program
  547  provides diagnostic and treatment services, these services shall
  548  in all cases be provided by service providers as defined in s.
  549  397.311 pursuant to s. 397.311(43).
  550         Section 15. This act shall take effect July 1, 2019.