Florida Senate - 2019                              CS for SB 900
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Harrell
       586-02927-19                                           2019900c1
    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 s. 633.206, F.S.; requiring the
   80         Department of Financial Services to establish uniform
   81         firesafety standards for recovery residences;
   82         exempting a single-family or two-family dwelling used
   83         as a recovery residence from the uniform firesafety
   84         standards; requiring that such dwellings be deemed a
   85         single-family or two-family dwelling for the purposes
   86         of the Life Safety Code and Florida Fire Prevention
   87         Code; amending ss. 212.055, 397.416, and 440.102,
   88         F.S.; conforming cross-references; providing an
   89         effective date.
   91  Be It Enacted by the Legislature of the State of Florida:
   93         Section 1. Subsection (2) of section 394.4572, Florida
   94  Statutes, is amended to read:
   95         394.4572 Screening of mental health personnel.—
   96         (2)(a) The department or the Agency for Health Care
   97  Administration may grant exemptions from disqualification as
   98  provided in chapter 435.
   99         (b)The department or the Agency for Health Care
  100  Administration, as applicable, may grant exemptions from
  101  disqualification for service provider personnel to work solely
  102  in mental health treatment programs or facilities, or in
  103  programs or facilities that treat co-occurring substance use and
  104  mental health disorders.
  105         Section 2. Present subsections (30) through (49) of section
  106  397.311, Florida Statutes, are redesignated as subsections (31)
  107  through (50), respectively, subsection (8) and present
  108  subsection (37) of that section are amended, and subsection (30)
  109  is added to that section, to read:
  110         397.311 Definitions.—As used in this chapter, except part
  111  VIII, the term:
  112         (8)“Clinical supervisor,“clinical services supervisor,”
  113  or “clinical director” means a person who meets the requirements
  114  of a qualified professional and who manages personnel who
  115  provide direct clinical services, or who maintains lead
  116  responsibility for the overall coordination and provision of
  117  clinical services treatment.
  118         (30) “Peer specialist” means a person who has been in
  119  recovery from a substance use disorder or mental illness for at
  120  least 2 years and who uses his or her personal experience to
  121  provide services in behavioral health settings, supporting
  122  others in their recovery; or a person who has at least 2 years
  123  of experience as a family member or caregiver of an individual
  124  who has a substance use disorder or mental illness. The term
  125  does not include a qualified professional or a person otherwise
  126  certified under chapter 394 or chapter 397.
  127         (38)(37) “Recovery residence” means a residential dwelling
  128  unit, or other form of group housing, including group housing
  129  that is part of any licensable community housing component
  130  established by rule or statute, which that is offered or
  131  advertised through any means, including oral, written,
  132  electronic, or printed means, by any person or entity as a
  133  residence that provides a peer-supported, alcohol-free, and
  134  drug-free living environment.
  135         Section 3. Subsection (15) of section 397.321, Florida
  136  Statutes, is amended to read:
  137         397.321 Duties of the department.—The department shall:
  138         (15) Recognize a statewide certification process for
  139  addiction professionals and identify and endorse one or more
  140  agencies responsible for such certification of service provider
  141  personnel. Any decision by a department-recognized certifying
  142  entity to deny, revoke, or suspend a certification, or otherwise
  143  impose sanctions on an individual who is certified, is
  144  reviewable by the department. Upon receiving an adverse
  145  determination, the person aggrieved may request an
  146  administrative hearing conducted pursuant to ss. 120.569 and
  147  120.57(1) within 30 days after completing any appeals process
  148  offered by the credentialing entity or the department, as
  149  applicable.
  150         Section 4. Paragraphs (a), (f), and (g) of subsection (1),
  151  and subsection (4) of section 397.4073, Florida Statutes, are
  152  amended to read:
  153         397.4073 Background checks of service provider personnel.—
  156         (a) For all individuals screened on or after July 1, 2019,
  157  background checks shall apply as follows:
  158         1. All owners, directors, chief financial officers, and
  159  clinical supervisors of service providers are subject to level 2
  160  background screening as provided under chapter 435 and s.
  161  408.809. Inmate substance abuse programs operated directly or
  162  under contract with the Department of Corrections are exempt
  163  from this requirement.
  164         2. All service provider personnel who have direct contact
  165  with children receiving services or with adults who are
  166  developmentally disabled receiving services are subject to level
  167  2 background screening as provided under chapter 435 and s.
  168  408.809.
  169         3. All peer specialists who have direct contact with
  170  individuals receiving services are subject to level 2 background
  171  screening as provided under chapter 435 and s. 408.809.
  172         (f) Service provider personnel who request an exemption
  173  from disqualification must submit the request within 30 days
  174  after being notified of the disqualification. The department
  175  shall grant or deny the request within 60 days after receipt of
  176  a complete application.
  177         (g) If 5 years or more have elapsed since an applicant for
  178  an exemption from disqualification has completed or has been
  179  lawfully released from confinement, supervision, or a
  180  nonmonetary condition imposed by a court for the applicant’s
  181  most recent disqualifying offense, the applicant may work with
  182  adults with substance use disorders or co-occurring disorders
  183  under the supervision of persons who meet all personnel
  184  requirements of this chapter for up to 90 days after being
  185  notified of his or her disqualification or until the department
  186  makes a final determination regarding his or her request for an
  187  exemption from disqualification, whichever is earlier the most
  188  recent disqualifying offense, service provider personnel may
  189  work with adults with substance use disorders under the
  190  supervision of a qualified professional licensed under chapter
  191  490 or chapter 491 or a master’s-level-certified addictions
  192  professional until the agency makes a final determination
  193  regarding the request for an exemption from disqualification.
  194         (h)(g) The department may not issue a regular license to
  195  any service provider that fails to provide proof that background
  196  screening information has been submitted in accordance with
  197  chapter 435.
  199         (a) The department may grant to any service provider
  200  personnel an exemption from disqualification as provided in s.
  201  435.07.
  202         (b) Since rehabilitated substance abuse impaired persons
  203  are effective in the successful treatment and rehabilitation of
  204  individuals with substance use disorders, for service providers
  205  which treat adolescents 13 years of age and older, service
  206  provider personnel whose background checks indicate crimes under
  207  s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s.
  208  831.01, s. 831.02, s. 893.13, or s. 893.147, and any related
  209  criminal attempt, solicitation, or conspiracy under s. 777.04,
  210  may be exempted from disqualification from employment pursuant
  211  to this paragraph.
  212         (c) The department may grant exemptions from
  213  disqualification for service provider personnel to work solely
  214  in substance use disorder treatment programs, facilities, or
  215  recovery residences or in programs or facilities that treat co
  216  occurring substance use and mental health disorders. The
  217  department may further limit such grant exemptions from
  218  disqualification which would limit service provider personnel to
  219  working with adults in substance abuse treatment facilities.
  220         Section 5. Section 397.4075, Florida Statutes, is amended
  221  to read:
  222         397.4075 Unlawful activities relating to personnel;
  223  penalties.—It is a felony of the third misdemeanor of the first
  224  degree, punishable as provided in s. 775.082 or s. 775.083, for
  225  any person willfully, knowingly, or intentionally to:
  226         (1) Inaccurately disclose by false statement,
  227  misrepresentation, impersonation, or other fraudulent means, or
  228  fail to disclose, in any application for licensure or voluntary
  229  or paid employment, any fact which is material in making a
  230  determination as to the person’s qualifications to be an owner,
  231  a director, a volunteer, or other personnel of a service
  232  provider;
  233         (2) Operate or attempt to operate as a service provider
  234  with personnel who are in noncompliance with the minimum
  235  standards contained in this chapter; or
  236         (3) Use or release any criminal or juvenile information
  237  obtained under this chapter for any purpose other than
  238  background checks of personnel for employment.
  239         Section 6. Section 397.417, Florida Statutes, is created to
  240  read:
  241         397.417 Peer Specialists.—
  242         (1)The Legislature intends to expand the use of peer
  243  specialists as a cost-effective means of providing services by
  244  ensuring that peer specialists meet specified qualifications,
  245  meet modified background screening requirements, and are
  246  adequately reimbursed for their services.
  247         (2) An individual may seek certification as a peer
  248  specialist if he or she has been in recovery from a substance
  249  use disorder or mental illness for at least 2 years, or if he or
  250  she has at least 2 years of experience as a family member or
  251  caregiver of a person with a substance use disorder or mental
  252  illness.
  253         (3) The department shall approve one or more third-party
  254  credentialing entities for the purposes of certifying peer
  255  specialists, approving training programs for individuals seeking
  256  certification as peer specialists, approving continuing
  257  education programs, and establishing the minimum requirements
  258  and standards that applicants must achieve to maintain
  259  certification. To obtain approval, the third-party credentialing
  260  entity must demonstrate compliance with nationally recognized
  261  standards for developing and administering professional
  262  certification programs to certify peer specialists.
  263         (4) An individual providing department-funded recovery
  264  support services as a peer specialist shall be certified
  265  pursuant to subsection (3). An individual who is not certified
  266  may provide recovery support services as a peer specialist for
  267  up to 1 year if he or she is working toward certification and is
  268  supervised by a qualified professional or by a certified peer
  269  specialist who has at least 3 years of full-time experience as a
  270  peer specialist at a licensed behavioral health organization.
  271         (5) An individual who is not a certified peer specialist
  272  may not advertise recovery services to the public in any way, or
  273  by any medium; or provide recovery services as a peer
  274  specialist, unless the person is exempt under subsection (4).
  275  Any individual who violates this subsection commits a
  276  misdemeanor of the first degree, punishable as provided in s.
  277  775.082 or s. 775.083.
  278         (6)Peer specialist services may be reimbursed as a
  279  recovery service through the department, a behavioral health
  280  managing entity, or the Medicaid program. Medicaid managed care
  281  plans are encouraged to use peer specialists in providing
  282  recovery services.
  283         Section 7. Subsections (1) and (6) of section 397.487,
  284  Florida Statutes, are amended, and subsections (11), (12), and
  285  (13) are added to that section, to read:
  286         397.487 Voluntary certification of recovery residences.—
  287         (1) The Legislature finds that a person suffering from
  288  addiction has a higher success rate of achieving long-lasting
  289  sobriety when given the opportunity to build a stronger
  290  foundation by living in a recovery residence while receiving
  291  treatment or after completing treatment. The Legislature further
  292  finds that this state and its subdivisions have a legitimate
  293  state interest in protecting these persons, who represent a
  294  vulnerable consumer population in need of adequate housing. It
  295  is the intent of the Legislature to protect persons who reside
  296  in a recovery residence.
  297         (6) All owners, directors, and chief financial officers of
  298  an applicant recovery residence are subject to level 2
  299  background screening as provided under chapter 435 and s.
  300  408.809. A recovery residence is ineligible for certification,
  301  and a credentialing entity shall deny a recovery residence’s
  302  application, if any owner, director, or chief financial officer
  303  has been found guilty of, or has entered a plea of guilty or
  304  nolo contendere to, regardless of adjudication, any offense
  305  listed in s. 435.04(2) or s. 408.809(4) unless the department
  306  has issued an exemption under s. 397.4073 or s. 397.4872. In
  307  accordance with s. 435.04, the department shall notify the
  308  credentialing agency of an owner’s, director’s, or chief
  309  financial officer’s eligibility based on the results of his or
  310  her background screening.
  311         (11) Notwithstanding any landlord and tenant rights and
  312  obligations under chapter 83, a recovery residence that is
  313  certified under this section and that has a discharge policy
  314  approved by a credentialing entity may immediately discharge or
  315  transfer a resident under any of the following circumstances:
  316         (a) The discharge or transfer is necessary for the
  317  resident’s welfare.
  318         (b) The resident’s needs cannot be met at the recovery
  319  residence.
  320         (c) The health and safety of other residents or recovery
  321  residence employees is at risk or would be at risk if the
  322  resident continues to live at the recovery residence.
  323         (12)This section does not prohibit a local governmental
  324  entity from requiring mandatory certification of recovery
  325  residences as part of a reasonable accommodation process to
  326  protect the health and safety of the residents.
  327         (13)By January 1, 2020, the Sober Homes Task Force within
  328  the Office of the State Attorney of the Fifteenth Judicial
  329  Circuit shall submit a report to the President of the Senate and
  330  the Speaker of the House of Representatives which contains
  331  recommendations on mandatory statewide certification of recovery
  332  residences.
  333         Section 8. Paragraph (d) is added to subsection (2) of
  334  section 397.4873, Florida Statutes, and subsection (1) of that
  335  section is republished, to read:
  336         397.4873 Referrals to or from recovery residences;
  337  prohibitions; penalties.—
  338         (1) A service provider licensed under this part may not
  339  make a referral of a prospective, current, or discharged patient
  340  to, or accept a referral of such a patient from, a recovery
  341  residence unless the recovery residence holds a valid
  342  certificate of compliance as provided in s. 397.487 and is
  343  actively managed by a certified recovery residence administrator
  344  as provided in s. 397.4871.
  345         (2) Subsection (1) does not apply to:
  346         (d)The referral of a patient to, or acceptance of a
  347  referral of such a patient from, a recovery residence that has
  348  no direct or indirect financial or other referral relationship
  349  with the provider and that is democratically operated by its
  350  residents pursuant to a charter from an entity recognized or
  351  sanctioned by Congress, and where the residence or any resident
  352  of the residence does not receive a benefit, directly or
  353  indirectly, for the referral.
  354         Section 9. Paragraph (d) of subsection (1) of section
  355  397.55, Florida Statutes, is amended to read:
  356         397.55 Prohibition of deceptive marketing practices.—
  357         (1) The Legislature recognizes that consumers of substance
  358  abuse treatment have disabling conditions and that such
  359  consumers and their families are vulnerable and at risk of being
  360  easily victimized by fraudulent marketing practices that
  361  adversely impact the delivery of health care. To protect the
  362  health, safety, and welfare of this vulnerable population, a
  363  service provider, an operator of a recovery residence, or a
  364  third party who provides any form of advertising or marketing
  365  services to a service provider or an operator of a recovery
  366  residence may not engage in any of the following marketing
  367  practices:
  368         (d) Entering into a contract with a marketing provider who
  369  agrees to generate referrals or leads for the placement of
  370  patients with a service provider or in a recovery residence
  371  through a call center or a web-based presence, unless the
  372  contract requires such agreement and the marketing provider
  373  service provider or the operator of the recovery residence
  374  discloses the following to the prospective patient so that the
  375  patient can make an informed health care decision:
  376         1. Information about the specific licensed service
  377  providers or recovery residences that are represented by the
  378  marketing provider and pay a fee to the marketing provider,
  379  including the identity of such service providers or recovery
  380  residences; and
  381         2. Clear and concise instructions that allow the
  382  prospective patient to easily access lists of licensed service
  383  providers and recovery residences on the department website.
  384         Section 10. Subsection (2) of section 435.07, Florida
  385  Statutes, is amended to read:
  386         435.07 Exemptions from disqualification.—Unless otherwise
  387  provided by law, the provisions of this section apply to
  388  exemptions from disqualification for disqualifying offenses
  389  revealed pursuant to background screenings required under this
  390  chapter, regardless of whether those disqualifying offenses are
  391  listed in this chapter or other laws.
  392         (2) Persons employed, or applicants for employment, by
  393  treatment providers who treat adolescents 13 years of age and
  394  older who are disqualified from employment solely because of
  395  crimes under s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s.
  396  817.563, s. 831.01, s. 831.02, s. 893.13, or s. 893.147, or any
  397  related criminal attempt, solicitation, or conspiracy under s.
  398  777.04, may be exempted from disqualification from employment
  399  pursuant to this chapter without application of the waiting
  400  period in subparagraph (1)(a)1.
  401         Section 11. Subsection (9) is added to section 553.80,
  402  Florida Statutes, to read:
  403         553.80 Enforcement.—
  404         (9) If a single-family or two-family dwelling is used as a
  405  recovery residence, as defined in s. 397.311, such dwelling
  406  shall be deemed a single-family or two-family dwelling for
  407  purposes of the Florida Building Code.
  408         Section 12. Paragraph (b) of subsection (1) of section
  409  633.206, Florida Statutes, is amended, and subsection (5) is
  410  added to that section, to read:
  411         633.206 Uniform firesafety standards—The Legislature hereby
  412  determines that to protect the public health, safety, and
  413  welfare it is necessary to provide for firesafety standards
  414  governing the construction and utilization of certain buildings
  415  and structures. The Legislature further determines that certain
  416  buildings or structures, due to their specialized use or to the
  417  special characteristics of the person utilizing or occupying
  418  these buildings or structures, should be subject to firesafety
  419  standards reflecting these special needs as may be appropriate.
  420         (1) The department shall establish uniform firesafety
  421  standards that apply to:
  422         (b) All new, existing, and proposed hospitals, nursing
  423  homes, assisted living facilities, adult family-care homes,
  424  recovery residences, correctional facilities, public schools,
  425  transient public lodging establishments, public food service
  426  establishments, elevators, migrant labor camps, mobile home
  427  parks, lodging parks, recreational vehicle parks, recreational
  428  camps, residential and nonresidential child care facilities,
  429  facilities for the developmentally disabled, motion picture and
  430  television special effects productions, tunnels, and self
  431  service gasoline stations, of which standards the State Fire
  432  Marshal is the final administrative interpreting authority.
  434  In the event there is a dispute between the owners of the
  435  buildings specified in paragraph (b) and a local authority
  436  requiring a more stringent uniform firesafety standard for
  437  sprinkler systems, the State Fire Marshal shall be the final
  438  administrative interpreting authority and the State Fire
  439  Marshal’s interpretation regarding the uniform firesafety
  440  standards shall be considered final agency action.
  441         (5) If a single-family or two-family dwelling is used as a
  442  recovery residence, as defined in s. 397.311, such dwelling is
  443  exempt from the uniform firesafety standards for recovery
  444  residences and shall be deemed a single-family or two-family
  445  dwelling for the purposes of the Life Safety Code and Florida
  446  Fire Prevention Code.
  447         Section 13. Paragraph (e) of subsection (5) of section
  448  212.055, Florida Statutes, is amended to read:
  449         212.055 Discretionary sales surtaxes; legislative intent;
  450  authorization and use of proceeds.—It is the legislative intent
  451  that any authorization for imposition of a discretionary sales
  452  surtax shall be published in the Florida Statutes as a
  453  subsection of this section, irrespective of the duration of the
  454  levy. Each enactment shall specify the types of counties
  455  authorized to levy; the rate or rates which may be imposed; the
  456  maximum length of time the surtax may be imposed, if any; the
  457  procedure which must be followed to secure voter approval, if
  458  required; the purpose for which the proceeds may be expended;
  459  and such other requirements as the Legislature may provide.
  460  Taxable transactions and administrative procedures shall be as
  461  provided in s. 212.054.
  462         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  463  s. 125.011(1) may levy the surtax authorized in this subsection
  464  pursuant to an ordinance either approved by extraordinary vote
  465  of the county commission or conditioned to take effect only upon
  466  approval by a majority vote of the electors of the county voting
  467  in a referendum. In a county as defined in s. 125.011(1), for
  468  the purposes of this subsection, “county public general
  469  hospital” means a general hospital as defined in s. 395.002
  470  which is owned, operated, maintained, or governed by the county
  471  or its agency, authority, or public health trust.
  472         (e) A governing board, agency, or authority shall be
  473  chartered by the county commission upon this act becoming law.
  474  The governing board, agency, or authority shall adopt and
  475  implement a health care plan for indigent health care services.
  476  The governing board, agency, or authority shall consist of no
  477  more than seven and no fewer than five members appointed by the
  478  county commission. The members of the governing board, agency,
  479  or authority shall be at least 18 years of age and residents of
  480  the county. No member may be employed by or affiliated with a
  481  health care provider or the public health trust, agency, or
  482  authority responsible for the county public general hospital.
  483  The following community organizations shall each appoint a
  484  representative to a nominating committee: the South Florida
  485  Hospital and Healthcare Association, the Miami-Dade County
  486  Public Health Trust, the Dade County Medical Association, the
  487  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  488  County. This committee shall nominate between 10 and 14 county
  489  citizens for the governing board, agency, or authority. The
  490  slate shall be presented to the county commission and the county
  491  commission shall confirm the top five to seven nominees,
  492  depending on the size of the governing board. Until such time as
  493  the governing board, agency, or authority is created, the funds
  494  provided for in subparagraph (d)2. shall be placed in a
  495  restricted account set aside from other county funds and not
  496  disbursed by the county for any other purpose.
  497         1. The plan shall divide the county into a minimum of four
  498  and maximum of six service areas, with no more than one
  499  participant hospital per service area. The county public general
  500  hospital shall be designated as the provider for one of the
  501  service areas. Services shall be provided through participants’
  502  primary acute care facilities.
  503         2. The plan and subsequent amendments to it shall fund a
  504  defined range of health care services for both indigent persons
  505  and the medically poor, including primary care, preventive care,
  506  hospital emergency room care, and hospital care necessary to
  507  stabilize the patient. For the purposes of this section,
  508  “stabilization” means stabilization as defined in s. 397.311 s.
  509  397.311(45). Where consistent with these objectives, the plan
  510  may include services rendered by physicians, clinics, community
  511  hospitals, and alternative delivery sites, as well as at least
  512  one regional referral hospital per service area. The plan shall
  513  provide that agreements negotiated between the governing board,
  514  agency, or authority and providers shall recognize hospitals
  515  that render a disproportionate share of indigent care, provide
  516  other incentives to promote the delivery of charity care to draw
  517  down federal funds where appropriate, and require cost
  518  containment, including, but not limited to, case management.
  519  From the funds specified in subparagraphs (d)1. and 2. for
  520  indigent health care services, service providers shall receive
  521  reimbursement at a Medicaid rate to be determined by the
  522  governing board, agency, or authority created pursuant to this
  523  paragraph for the initial emergency room visit, and a per-member
  524  per-month fee or capitation for those members enrolled in their
  525  service area, as compensation for the services rendered
  526  following the initial emergency visit. Except for provisions of
  527  emergency services, upon determination of eligibility,
  528  enrollment shall be deemed to have occurred at the time services
  529  were rendered. The provisions for specific reimbursement of
  530  emergency services shall be repealed on July 1, 2001, unless
  531  otherwise reenacted by the Legislature. The capitation amount or
  532  rate shall be determined before program implementation by an
  533  independent actuarial consultant. In no event shall such
  534  reimbursement rates exceed the Medicaid rate. The plan must also
  535  provide that any hospitals owned and operated by government
  536  entities on or after the effective date of this act must, as a
  537  condition of receiving funds under this subsection, afford
  538  public access equal to that provided under s. 286.011 as to any
  539  meeting of the governing board, agency, or authority the subject
  540  of which is budgeting resources for the retention of charity
  541  care, as that term is defined in the rules of the Agency for
  542  Health Care Administration. The plan shall also include
  543  innovative health care programs that provide cost-effective
  544  alternatives to traditional methods of service and delivery
  545  funding.
  546         3. The plan’s benefits shall be made available to all
  547  county residents currently eligible to receive health care
  548  services as indigents or medically poor as defined in paragraph
  549  (4)(d).
  550         4. Eligible residents who participate in the health care
  551  plan shall receive coverage for a period of 12 months or the
  552  period extending from the time of enrollment to the end of the
  553  current fiscal year, per enrollment period, whichever is less.
  554         5. At the end of each fiscal year, the governing board,
  555  agency, or authority shall prepare an audit that reviews the
  556  budget of the plan, delivery of services, and quality of
  557  services, and makes recommendations to increase the plan’s
  558  efficiency. The audit shall take into account participant
  559  hospital satisfaction with the plan and assess the amount of
  560  poststabilization patient transfers requested, and accepted or
  561  denied, by the county public general hospital.
  562         Section 14. Section 397.416, Florida Statutes, is amended
  563  to read:
  564         397.416 Substance abuse treatment services; qualified
  565  professional.—Notwithstanding any other provision of law, a
  566  person who was certified through a certification process
  567  recognized by the former Department of Health and Rehabilitative
  568  Services before January 1, 1995, may perform the duties of a
  569  qualified professional with respect to substance abuse treatment
  570  services as defined in this chapter, and need not meet the
  571  certification requirements contained in s. 397.311(35) s.
  572  397.311(34).
  573         Section 15. Paragraphs (d) and (g) of subsection (1) of
  574  section 440.102, Florida Statutes, are amended to read:
  575         440.102 Drug-free workplace program requirements.—The
  576  following provisions apply to a drug-free workplace program
  577  implemented pursuant to law or to rules adopted by the Agency
  578  for Health Care Administration:
  579         (1) DEFINITIONS.—Except where the context otherwise
  580  requires, as used in this act:
  581         (d) “Drug rehabilitation program” means a service provider
  582  as defined in s. 397.311 which, established pursuant to s.
  583  397.311(43), that provides confidential, timely, and expert
  584  identification, assessment, and resolution of employee drug
  585  abuse.
  586         (g) “Employee assistance program” means an established
  587  program capable of providing expert assessment of employee
  588  personal concerns; confidential and timely identification
  589  services with regard to employee drug abuse; referrals of
  590  employees for appropriate diagnosis, treatment, and assistance;
  591  and followup services for employees who participate in the
  592  program or require monitoring after returning to work. If, in
  593  addition to the above activities, an employee assistance program
  594  provides diagnostic and treatment services, these services shall
  595  in all cases be provided by service providers as defined in s.
  596  397.311 pursuant to s. 397.311(43).
  597         Section 16. This act shall take effect July 1, 2019.