Florida Senate - 2019                                     SB 900
       By Senator Harrell
       25-00638C-19                                           2019900__
    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         authorizing an individual to seek certification as a
   34         peer specialist if he or she meets certain
   35         requirements; requiring the department to approve one
   36         or more third-party credentialing entities for
   37         specified purposes; requiring the credentialing entity
   38         to demonstrate compliance with certain standards in
   39         order to be approved by the department; requiring an
   40         individual providing department-funded recovery
   41         support services as a peer specialist to be certified;
   42         authorizing an individual who is not certified to
   43         provide recovery support services as a peer specialist
   44         under certain circumstances; prohibiting an individual
   45         who is not a certified peer specialist from
   46         advertising or providing recovery services unless the
   47         person is exempt; providing criminal penalties;
   48         amending s. 397.487, F.S.; revising legislative
   49         findings relating to voluntary certification of
   50         recovery residences; revising background screening
   51         requirements for owners, directors, and chief
   52         financial officers of recovery residences; authorizing
   53         a certified recovery residence to immediately
   54         discharge or transfer residents under certain
   55         circumstances; amending s. 397.4873, F.S.; expanding
   56         the exceptions to limitations on referrals by recovery
   57         residences to licensed service providers; amending s.
   58         397.55, F.S.; revising the requirements for a service
   59         provider, operator of a recovery residence, or certain
   60         third parties to enter into certain contracts with
   61         marketing providers; amending s. 435.07, F.S.;
   62         authorizing the exemption of certain persons from
   63         disqualification from employment; amending s. 553.80,
   64         F.S.; requiring that a single-family or two-family
   65         dwelling used as a recovery residence be deemed a
   66         single-family or two-family dwelling for purposes of
   67         the Florida Building Code; amending s. 633.206, F.S.;
   68         requiring the Department of Financial Services to
   69         establish uniform firesafety standards for recovery
   70         residences; exempting a single-family or two-family
   71         dwelling used as a recovery residence from the uniform
   72         firesafety standards; requiring that such dwellings be
   73         deemed a single-family or two-family dwelling for the
   74         purposes of the Life Safety Code and Florida Fire
   75         Prevention Code; amending ss. 212.055, 397.416, and
   76         440.102, F.S.; conforming cross-references; providing
   77         an effective date.
   79  Be It Enacted by the Legislature of the State of Florida:
   81         Section 1. Subsection (2) of section 394.4572, Florida
   82  Statutes, is amended to read:
   83         394.4572 Screening of mental health personnel.—
   84         (2)(a) The department or the Agency for Health Care
   85  Administration may grant exemptions from disqualification as
   86  provided in chapter 435.
   87         (b)The department or the Agency for Health Care
   88  Administration, as applicable, may grant exemptions from
   89  disqualification for service provider personnel to work solely
   90  in mental health treatment programs or facilities, or in
   91  programs or facilities that treat co-occurring substance use and
   92  mental health disorders.
   93         Section 2. Present subsections (30) through (49) of section
   94  397.311, Florida Statutes, are redesignated as subsections (31)
   95  through (50), respectively, subsection (8) and present
   96  subsection (37) of that section are amended, and subsection (30)
   97  is added to that section, to read:
   98         397.311 Definitions.—As used in this chapter, except part
   99  VIII, the term:
  100         (8)“Clinical supervisor,“clinical services supervisor,”
  101  or “clinical director” means a person who meets the requirements
  102  of a qualified professional and who manages personnel who
  103  provide direct clinical services, or who maintains lead
  104  responsibility for the overall coordination and provision of
  105  clinical services treatment.
  106         (30) “Peer specialist” means a person who has been in
  107  recovery from a substance use disorder or mental illness for at
  108  least 2 years and who uses his or her personal experience to
  109  provide services in behavioral health settings, supporting
  110  others in their recovery; or a person who has at least 2 years
  111  of experience as a family member or caregiver of an individual
  112  who has a substance use disorder or mental illness. The term
  113  does not include a qualified professional or a person otherwise
  114  certified under chapter 394 or chapter 397.
  115         (38)(37) “Recovery residence” means a residential dwelling
  116  unit, or other form of group housing, including group housing
  117  that is part of any licensable community housing component
  118  established by rule or statute, which that is offered or
  119  advertised through any means, including oral, written,
  120  electronic, or printed means, by any person or entity as a
  121  residence that provides a peer-supported, alcohol-free, and
  122  drug-free living environment.
  123         Section 3. Subsection (15) of section 397.321, Florida
  124  Statutes, is amended to read:
  125         397.321 Duties of the department.—The department shall:
  126         (15) Recognize a statewide certification process for
  127  addiction professionals and identify and endorse one or more
  128  agencies responsible for such certification of service provider
  129  personnel. Any decision by a department-recognized certifying
  130  entity to deny, revoke, or suspend a certification, or otherwise
  131  impose sanctions on an individual who is certified, is
  132  reviewable by the department. Upon receiving an adverse
  133  determination, the person aggrieved may request an
  134  administrative hearing conducted pursuant to ss. 120.569 and
  135  120.57(1) within 30 days after completing any appeals process
  136  offered by the credentialing entity or the department, as
  137  applicable.
  138         Section 4. Paragraphs (a), (f), and (g) of subsection (1),
  139  and subsection (4) of section 397.4073, Florida Statutes, are
  140  amended to read:
  141         397.4073 Background checks of service provider personnel.—
  144         (a) For all individuals screened on or after July 1, 2019,
  145  background checks shall apply as follows:
  146         1. All owners, directors, chief financial officers, and
  147  clinical supervisors of service providers are subject to level 2
  148  background screening as provided under chapter 435 and s.
  149  408.809. Inmate substance abuse programs operated directly or
  150  under contract with the Department of Corrections are exempt
  151  from this requirement.
  152         2. All service provider personnel who have direct contact
  153  with children receiving services or with adults who are
  154  developmentally disabled receiving services are subject to level
  155  2 background screening as provided under chapter 435 and s.
  156  408.809.
  157         3. All peer specialists who have direct contact with
  158  individuals receiving services are subject to level 2 background
  159  screening as provided under chapter 435 and s. 408.809.
  160         (f) Service provider personnel who request an exemption
  161  from disqualification must submit the request within 30 days
  162  after being notified of the disqualification. The department
  163  shall grant or deny the request within 60 days after receipt of
  164  a complete application.
  165         (g) If 5 years or more have elapsed since an applicant for
  166  an exemption from disqualification has completed or has been
  167  lawfully released from confinement, supervision, or a
  168  nonmonetary condition imposed by a court for the applicant’s
  169  most recent disqualifying offense, the applicant may work with
  170  adults with substance use disorders or co-occurring disorders
  171  under the supervision of persons who meet all personnel
  172  requirements of this chapter for up to 90 days after being
  173  notified of his or her disqualification or until the department
  174  makes a final determination regarding his or her request for an
  175  exemption from disqualification, whichever is earlier the most
  176  recent disqualifying offense, service provider personnel may
  177  work with adults with substance use disorders under the
  178  supervision of a qualified professional licensed under chapter
  179  490 or chapter 491 or a master’s-level-certified addictions
  180  professional until the agency makes a final determination
  181  regarding the request for an exemption from disqualification.
  182         (h)(g) The department may not issue a regular license to
  183  any service provider that fails to provide proof that background
  184  screening information has been submitted in accordance with
  185  chapter 435.
  187         (a) The department may grant to any service provider
  188  personnel an exemption from disqualification as provided in s.
  189  435.07.
  190         (b) Since rehabilitated substance abuse impaired persons
  191  are effective in the successful treatment and rehabilitation of
  192  individuals with substance use disorders, for service providers
  193  which treat adolescents 13 years of age and older, service
  194  provider personnel whose background checks indicate crimes under
  195  s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s.
  196  831.01, s. 831.02, s. 893.13, or s. 893.147, and any related
  197  criminal attempt, solicitation, or conspiracy under s. 777.04,
  198  may be exempted from disqualification from employment pursuant
  199  to this paragraph.
  200         (c) The department may grant exemptions from
  201  disqualification for service provider personnel to work solely
  202  in substance use disorder treatment programs, facilities, or
  203  recovery residences or in programs or facilities that treat co
  204  occurring substance use and mental health disorders. The
  205  department may further limit such grant exemptions from
  206  disqualification which would limit service provider personnel to
  207  working with adults in substance abuse treatment facilities.
  208         Section 5. Section 397.4075, Florida Statutes, is amended
  209  to read:
  210         397.4075 Unlawful activities relating to personnel;
  211  penalties.—It is a felony of the third misdemeanor of the first
  212  degree, punishable as provided in s. 775.082 or s. 775.083, for
  213  any person willfully, knowingly, or intentionally to:
  214         (1) Inaccurately disclose by false statement,
  215  misrepresentation, impersonation, or other fraudulent means, or
  216  fail to disclose, in any application for licensure or voluntary
  217  or paid employment, any fact which is material in making a
  218  determination as to the person’s qualifications to be an owner,
  219  a director, a volunteer, or other personnel of a service
  220  provider;
  221         (2) Operate or attempt to operate as a service provider
  222  with personnel who are in noncompliance with the minimum
  223  standards contained in this chapter; or
  224         (3) Use or release any criminal or juvenile information
  225  obtained under this chapter for any purpose other than
  226  background checks of personnel for employment.
  227         Section 6. Section 397.417, Florida Statutes, is created to
  228  read:
  229         397.417 Peer Specialists.—
  230         (1) An individual may seek certification as a peer
  231  specialist if he or she has been in recovery from a substance
  232  use disorder or mental illness for at least 2 years, or if he or
  233  she has at least 2 years of experience as a family member or
  234  caregiver of a person with a substance use disorder or mental
  235  illness.
  236         (2) The department shall approve one or more third-party
  237  credentialing entities for the purposes of certifying peer
  238  specialists, approving training programs for individuals seeking
  239  certification as peer specialists, approving continuing
  240  education programs, and establishing the minimum requirements
  241  and standards that applicants must achieve to maintain
  242  certification. To obtain approval, the third-party credentialing
  243  entity must demonstrate compliance with nationally recognized
  244  standards for developing and administering professional
  245  certification programs to certify peer specialists.
  246         (3) An individual providing department-funded recovery
  247  support services as a peer specialist shall be certified
  248  pursuant to subsection (2). An individual who is not certified
  249  may provide recovery support services as a peer specialist for
  250  up to 1 year if he or she is working toward certification and is
  251  supervised by a qualified professional or by a certified peer
  252  specialist who has at least 3 years of full-time experience as a
  253  peer specialist at a licensed behavioral health organization.
  254         (4) An individual who is not a certified peer specialist
  255  may not advertise recovery services to the public in any way, or
  256  by any medium; or provide recovery services as a peer
  257  specialist, unless the person is exempt under subsection (3).
  258  Any individual who violates this subsection commits a
  259  misdemeanor of the first degree, punishable as provided in s.
  260  775.082 or s. 775.083.
  261         Section 7. Subsections (1) and (6) of section 397.487,
  262  Florida Statutes, are amended, and subsection (11) is added to
  263  that section, to read:
  264         397.487 Voluntary certification of recovery residences.—
  265         (1) The Legislature finds that a person suffering from
  266  addiction has a higher success rate of achieving long-lasting
  267  sobriety when given the opportunity to build a stronger
  268  foundation by living in a recovery residence while receiving
  269  treatment or after completing treatment. The Legislature further
  270  finds that this state and its subdivisions have a legitimate
  271  state interest in protecting these persons, who represent a
  272  vulnerable consumer population in need of adequate housing. It
  273  is the intent of the Legislature to protect persons who reside
  274  in a recovery residence.
  275         (6) All owners, directors, and chief financial officers of
  276  an applicant recovery residence are subject to level 2
  277  background screening as provided under chapter 435 and s.
  278  408.809. A recovery residence is ineligible for certification,
  279  and a credentialing entity shall deny a recovery residence’s
  280  application, if any owner, director, or chief financial officer
  281  has been found guilty of, or has entered a plea of guilty or
  282  nolo contendere to, regardless of adjudication, any offense
  283  listed in s. 435.04(2) or s. 408.809(4) unless the department
  284  has issued an exemption under s. 397.4073 or s. 397.4872. In
  285  accordance with s. 435.04, the department shall notify the
  286  credentialing agency of an owner’s, director’s, or chief
  287  financial officer’s eligibility based on the results of his or
  288  her background screening.
  289         (11) Notwithstanding any landlord and tenant rights and
  290  obligations under chapter 83, a recovery residence that is
  291  certified under this section and that has a discharge policy
  292  approved by a credentialing entity may immediately discharge or
  293  transfer a resident under any of the following circumstances:
  294         (a) The discharge or transfer is necessary for the
  295  resident’s welfare.
  296         (b) The resident’s needs cannot be met at the recovery
  297  residence.
  298         (c) The health and safety of other residents or recovery
  299  residence employees is at risk or would be at risk if the
  300  resident continues to live at the recovery residence.
  301         Section 8. Paragraph (d) is added to subsection (2) of
  302  section 397.4873, Florida Statutes, and subsection (1) of that
  303  section is republished, to read:
  304         397.4873 Referrals to or from recovery residences;
  305  prohibitions; penalties.—
  306         (1) A service provider licensed under this part may not
  307  make a referral of a prospective, current, or discharged patient
  308  to, or accept a referral of such a patient from, a recovery
  309  residence unless the recovery residence holds a valid
  310  certificate of compliance as provided in s. 397.487 and is
  311  actively managed by a certified recovery residence administrator
  312  as provided in s. 397.4871.
  313         (2) Subsection (1) does not apply to:
  314         (d)The referral of a patient to, or acceptance of a
  315  referral of such a patient from, a recovery residence that has
  316  no direct or indirect financial or other referral relationship
  317  with the provider and that is democratically operated by its
  318  residents pursuant to a charter from an entity recognized or
  319  sanctioned by Congress, and where the residence or any resident
  320  of the residence does not receive a benefit, directly or
  321  indirectly, for the referral.
  322         Section 9. Paragraph (d) of subsection (1) of section
  323  397.55, Florida Statutes, is amended to read:
  324         397.55 Prohibition of deceptive marketing practices.—
  325         (1) The Legislature recognizes that consumers of substance
  326  abuse treatment have disabling conditions and that such
  327  consumers and their families are vulnerable and at risk of being
  328  easily victimized by fraudulent marketing practices that
  329  adversely impact the delivery of health care. To protect the
  330  health, safety, and welfare of this vulnerable population, a
  331  service provider, an operator of a recovery residence, or a
  332  third party who provides any form of advertising or marketing
  333  services to a service provider or an operator of a recovery
  334  residence may not engage in any of the following marketing
  335  practices:
  336         (d) Entering into a contract with a marketing provider who
  337  agrees to generate referrals or leads for the placement of
  338  patients with a service provider or in a recovery residence
  339  through a call center or a web-based presence, unless the
  340  contract requires such agreement and the marketing provider
  341  service provider or the operator of the recovery residence
  342  discloses the following to the prospective patient so that the
  343  patient can make an informed health care decision:
  344         1. Information about the specific licensed service
  345  providers or recovery residences that are represented by the
  346  marketing provider and pay a fee to the marketing provider,
  347  including the identity of such service providers or recovery
  348  residences; and
  349         2. Clear and concise instructions that allow the
  350  prospective patient to easily access lists of licensed service
  351  providers and recovery residences on the department website.
  352         Section 10. Subsection (2) of section 435.07, Florida
  353  Statutes, is amended to read:
  354         435.07 Exemptions from disqualification.—Unless otherwise
  355  provided by law, the provisions of this section apply to
  356  exemptions from disqualification for disqualifying offenses
  357  revealed pursuant to background screenings required under this
  358  chapter, regardless of whether those disqualifying offenses are
  359  listed in this chapter or other laws.
  360         (2) Persons employed, or applicants for employment, by
  361  treatment providers who treat adolescents 13 years of age and
  362  older who are disqualified from employment solely because of
  363  crimes under s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s.
  364  817.563, s. 831.01, s. 831.02, s. 893.13, or s. 893.147, or any
  365  related criminal attempt, solicitation, or conspiracy under s.
  366  777.04, may be exempted from disqualification from employment
  367  pursuant to this chapter without application of the waiting
  368  period in subparagraph (1)(a)1.
  369         Section 11. Subsection (9) is added to section 553.80,
  370  Florida Statutes, to read:
  371         553.80 Enforcement.—
  372         (9) If a single-family or two-family dwelling is used as a
  373  recovery residence, as defined in s. 397.311, such dwelling
  374  shall be deemed a single-family or two-family dwelling for
  375  purposes of the Florida Building Code.
  376         Section 12. Paragraph (b) of subsection (1) of section
  377  633.206, Florida Statutes, is amended, and subsection (5) is
  378  added to that section, to read:
  379         633.206 Uniform firesafety standards—The Legislature hereby
  380  determines that to protect the public health, safety, and
  381  welfare it is necessary to provide for firesafety standards
  382  governing the construction and utilization of certain buildings
  383  and structures. The Legislature further determines that certain
  384  buildings or structures, due to their specialized use or to the
  385  special characteristics of the person utilizing or occupying
  386  these buildings or structures, should be subject to firesafety
  387  standards reflecting these special needs as may be appropriate.
  388         (1) The department shall establish uniform firesafety
  389  standards that apply to:
  390         (b) All new, existing, and proposed hospitals, nursing
  391  homes, assisted living facilities, adult family-care homes,
  392  recovery residences, correctional facilities, public schools,
  393  transient public lodging establishments, public food service
  394  establishments, elevators, migrant labor camps, mobile home
  395  parks, lodging parks, recreational vehicle parks, recreational
  396  camps, residential and nonresidential child care facilities,
  397  facilities for the developmentally disabled, motion picture and
  398  television special effects productions, tunnels, and self
  399  service gasoline stations, of which standards the State Fire
  400  Marshal is the final administrative interpreting authority.
  402  In the event there is a dispute between the owners of the
  403  buildings specified in paragraph (b) and a local authority
  404  requiring a more stringent uniform firesafety standard for
  405  sprinkler systems, the State Fire Marshal shall be the final
  406  administrative interpreting authority and the State Fire
  407  Marshal’s interpretation regarding the uniform firesafety
  408  standards shall be considered final agency action.
  409         (5) If a single-family or two-family dwelling is used as a
  410  recovery residence, as defined in s. 397.311, such dwelling is
  411  exempt from the uniform firesafety standards for recovery
  412  residences and shall be deemed a single-family or two-family
  413  dwelling for the purposes of the Life Safety Code and Florida
  414  Fire Prevention Code.
  415         Section 13. Paragraph (e) of subsection (5) of section
  416  212.055, Florida Statutes, is amended to read:
  417         212.055 Discretionary sales surtaxes; legislative intent;
  418  authorization and use of proceeds.—It is the legislative intent
  419  that any authorization for imposition of a discretionary sales
  420  surtax shall be published in the Florida Statutes as a
  421  subsection of this section, irrespective of the duration of the
  422  levy. Each enactment shall specify the types of counties
  423  authorized to levy; the rate or rates which may be imposed; the
  424  maximum length of time the surtax may be imposed, if any; the
  425  procedure which must be followed to secure voter approval, if
  426  required; the purpose for which the proceeds may be expended;
  427  and such other requirements as the Legislature may provide.
  428  Taxable transactions and administrative procedures shall be as
  429  provided in s. 212.054.
  430         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  431  s. 125.011(1) may levy the surtax authorized in this subsection
  432  pursuant to an ordinance either approved by extraordinary vote
  433  of the county commission or conditioned to take effect only upon
  434  approval by a majority vote of the electors of the county voting
  435  in a referendum. In a county as defined in s. 125.011(1), for
  436  the purposes of this subsection, “county public general
  437  hospital” means a general hospital as defined in s. 395.002
  438  which is owned, operated, maintained, or governed by the county
  439  or its agency, authority, or public health trust.
  440         (e) A governing board, agency, or authority shall be
  441  chartered by the county commission upon this act becoming law.
  442  The governing board, agency, or authority shall adopt and
  443  implement a health care plan for indigent health care services.
  444  The governing board, agency, or authority shall consist of no
  445  more than seven and no fewer than five members appointed by the
  446  county commission. The members of the governing board, agency,
  447  or authority shall be at least 18 years of age and residents of
  448  the county. No member may be employed by or affiliated with a
  449  health care provider or the public health trust, agency, or
  450  authority responsible for the county public general hospital.
  451  The following community organizations shall each appoint a
  452  representative to a nominating committee: the South Florida
  453  Hospital and Healthcare Association, the Miami-Dade County
  454  Public Health Trust, the Dade County Medical Association, the
  455  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  456  County. This committee shall nominate between 10 and 14 county
  457  citizens for the governing board, agency, or authority. The
  458  slate shall be presented to the county commission and the county
  459  commission shall confirm the top five to seven nominees,
  460  depending on the size of the governing board. Until such time as
  461  the governing board, agency, or authority is created, the funds
  462  provided for in subparagraph (d)2. shall be placed in a
  463  restricted account set aside from other county funds and not
  464  disbursed by the county for any other purpose.
  465         1. The plan shall divide the county into a minimum of four
  466  and maximum of six service areas, with no more than one
  467  participant hospital per service area. The county public general
  468  hospital shall be designated as the provider for one of the
  469  service areas. Services shall be provided through participants’
  470  primary acute care facilities.
  471         2. The plan and subsequent amendments to it shall fund a
  472  defined range of health care services for both indigent persons
  473  and the medically poor, including primary care, preventive care,
  474  hospital emergency room care, and hospital care necessary to
  475  stabilize the patient. For the purposes of this section,
  476  “stabilization” means stabilization as defined in s. 397.311 s.
  477  397.311(45). Where consistent with these objectives, the plan
  478  may include services rendered by physicians, clinics, community
  479  hospitals, and alternative delivery sites, as well as at least
  480  one regional referral hospital per service area. The plan shall
  481  provide that agreements negotiated between the governing board,
  482  agency, or authority and providers shall recognize hospitals
  483  that render a disproportionate share of indigent care, provide
  484  other incentives to promote the delivery of charity care to draw
  485  down federal funds where appropriate, and require cost
  486  containment, including, but not limited to, case management.
  487  From the funds specified in subparagraphs (d)1. and 2. for
  488  indigent health care services, service providers shall receive
  489  reimbursement at a Medicaid rate to be determined by the
  490  governing board, agency, or authority created pursuant to this
  491  paragraph for the initial emergency room visit, and a per-member
  492  per-month fee or capitation for those members enrolled in their
  493  service area, as compensation for the services rendered
  494  following the initial emergency visit. Except for provisions of
  495  emergency services, upon determination of eligibility,
  496  enrollment shall be deemed to have occurred at the time services
  497  were rendered. The provisions for specific reimbursement of
  498  emergency services shall be repealed on July 1, 2001, unless
  499  otherwise reenacted by the Legislature. The capitation amount or
  500  rate shall be determined before program implementation by an
  501  independent actuarial consultant. In no event shall such
  502  reimbursement rates exceed the Medicaid rate. The plan must also
  503  provide that any hospitals owned and operated by government
  504  entities on or after the effective date of this act must, as a
  505  condition of receiving funds under this subsection, afford
  506  public access equal to that provided under s. 286.011 as to any
  507  meeting of the governing board, agency, or authority the subject
  508  of which is budgeting resources for the retention of charity
  509  care, as that term is defined in the rules of the Agency for
  510  Health Care Administration. The plan shall also include
  511  innovative health care programs that provide cost-effective
  512  alternatives to traditional methods of service and delivery
  513  funding.
  514         3. The plan’s benefits shall be made available to all
  515  county residents currently eligible to receive health care
  516  services as indigents or medically poor as defined in paragraph
  517  (4)(d).
  518         4. Eligible residents who participate in the health care
  519  plan shall receive coverage for a period of 12 months or the
  520  period extending from the time of enrollment to the end of the
  521  current fiscal year, per enrollment period, whichever is less.
  522         5. At the end of each fiscal year, the governing board,
  523  agency, or authority shall prepare an audit that reviews the
  524  budget of the plan, delivery of services, and quality of
  525  services, and makes recommendations to increase the plan’s
  526  efficiency. The audit shall take into account participant
  527  hospital satisfaction with the plan and assess the amount of
  528  poststabilization patient transfers requested, and accepted or
  529  denied, by the county public general hospital.
  530         Section 14. Section 397.416, Florida Statutes, is amended
  531  to read:
  532         397.416 Substance abuse treatment services; qualified
  533  professional.—Notwithstanding any other provision of law, a
  534  person who was certified through a certification process
  535  recognized by the former Department of Health and Rehabilitative
  536  Services before January 1, 1995, may perform the duties of a
  537  qualified professional with respect to substance abuse treatment
  538  services as defined in this chapter, and need not meet the
  539  certification requirements contained in s. 397.311(35) s.
  540  397.311(34).
  541         Section 15. Paragraphs (d) and (g) of subsection (1) of
  542  section 440.102, Florida Statutes, are amended to read:
  543         440.102 Drug-free workplace program requirements.—The
  544  following provisions apply to a drug-free workplace program
  545  implemented pursuant to law or to rules adopted by the Agency
  546  for Health Care Administration:
  547         (1) DEFINITIONS.—Except where the context otherwise
  548  requires, as used in this act:
  549         (d) “Drug rehabilitation program” means a service provider
  550  as defined in s. 397.311 which, established pursuant to s.
  551  397.311(43), that provides confidential, timely, and expert
  552  identification, assessment, and resolution of employee drug
  553  abuse.
  554         (g) “Employee assistance program” means an established
  555  program capable of providing expert assessment of employee
  556  personal concerns; confidential and timely identification
  557  services with regard to employee drug abuse; referrals of
  558  employees for appropriate diagnosis, treatment, and assistance;
  559  and followup services for employees who participate in the
  560  program or require monitoring after returning to work. If, in
  561  addition to the above activities, an employee assistance program
  562  provides diagnostic and treatment services, these services shall
  563  in all cases be provided by service providers as defined in s.
  564  397.311 pursuant to s. 397.311(43).
  565         Section 16. This act shall take effect July 1, 2019.