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.
90
91 Be It Enacted by the Legislature of the State of Florida:
92
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.—
154 (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
155 EXCEPTIONS.—
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.
198 (4) EXEMPTIONS FROM DISQUALIFICATION.—
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.
433
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.