Florida Senate - 2020                                    SB 7012
       By the Committee on Children, Families, and Elder Affairs
       586-01370-20                                          20207012__
    1                        A bill to be entitled                      
    2         An act relating to mental health; amending s. 14.2019,
    3         F.S.; providing additional duties for the Statewide
    4         Office for Suicide Prevention; amending s. 14.20195,
    5         F.S.; providing additional duties for the Suicide
    6         Prevention Coordinating Council; revising the
    7         composition of the council; amending s. 334.044, F.S.;
    8         requiring the Department of Transportation to work
    9         with the office in developing a plan relating to
   10         evidence-based suicide deterrents in certain
   11         locations; amending s. 394.455, F.S.; defining the
   12         term “first episode psychosis program”; amending s.
   13         394.4573, F.S.; revising the requirements for the
   14         annual state behavioral health services assessment;
   15         revising the essential elements of a coordinated
   16         system of care; amending s. 394.463, F.S.; requiring
   17         that certain information be provided to the guardian
   18         or representative of a minor patient released from
   19         involuntary examination; creating s. 456.0342, F.S.;
   20         providing applicability; requiring specified persons
   21         to complete certain suicide prevention education
   22         courses by a specified date; requiring certain boards
   23         to include the hours for such courses in the total
   24         hours of continuing education required for the
   25         profession; amending s. 627.6675, F.S.; conforming a
   26         provision to changes made by the act; transferring,
   27         renumbering, and amending s. 627.668, F.S.; requiring
   28         certain entities issuing, delivering, or issuing for
   29         delivery certain health insurance policies to comply
   30         with specified federal provisions that prohibit the
   31         imposition of less favorable benefit limitations on
   32         mental health and substance use disorder benefits than
   33         on medical and surgical benefits; deleting provisions
   34         relating to optional coverage for mental and nervous
   35         disorders by such entities; revising the standard for
   36         defining substance use disorders; requiring such
   37         entities to submit an annual affidavit attesting to
   38         compliance with federal law; requiring the office to
   39         implement and enforce certain federal laws in a
   40         specified manner; authorizing the Financial Services
   41         Commission to adopt rules; repealing s. 627.669, F.S.,
   42         relating to optional coverage required for substance
   43         abuse impaired persons; amending s. 627.6699, F.S.;
   44         providing applicability; amending s. 641.26, F.S.;
   45         requiring certain entities to submit an annual
   46         affidavit to the Office of Insurance Regulation
   47         attesting to compliance with certain requirements;
   48         authorizing the office to adopt rules; amending s.
   49         641.31, F.S.; requiring that certain health
   50         maintenance contracts comply with certain
   51         requirements; authorizing the commission to adopt
   52         rules; creating s. 786.1516, F.S.; defining the terms
   53         “emergency care” and “suicide emergency”; providing
   54         that persons providing certain emergency care are not
   55         liable for civil damages or penalties under certain
   56         circumstances; amending ss. 1002.33 and 1012.583,
   57         F.S.; requiring charter schools and public schools,
   58         respectively, to incorporate certain training on
   59         suicide prevention in continuing education and
   60         inservice training requirements; providing that such
   61         schools must require all instructional personnel to
   62         participate in the training; requiring such schools to
   63         have a specified minimum number of staff members who
   64         are certified or deemed competent in the use of
   65         suicide screening instruments; requiring such schools
   66         to have a policy for such instruments; requiring such
   67         schools to report certain compliance to the Department
   68         of Education; conforming provisions to changes made by
   69         the act; amending ss. 394.495, 394.496, 394.9085,
   70         409.972, 464.012, and 744.2007, F.S.; conforming
   71         cross-references; requiring the Office of Program
   72         Policy Analysis and Government Accountability to
   73         perform a review of certain programs and efforts
   74         relating to suicide prevention programs in other
   75         states and make certain recommendations; requiring the
   76         office to submit a report to the Legislature by a
   77         specified date; providing effective dates.
   79  Be It Enacted by the Legislature of the State of Florida:
   81         Section 1. Paragraphs (a) and (d) of subsection (2) of
   82  section 14.2019, Florida Statutes, are amended, and paragraphs
   83  (e) and (f) are added to that subsection, to read:
   84         14.2019 Statewide Office for Suicide Prevention.—
   85         (2) The statewide office shall, within available resources:
   86         (a) Develop a network of community-based programs to
   87  improve suicide prevention initiatives. The network shall
   88  identify and work to eliminate barriers to providing suicide
   89  prevention services to individuals who are at risk of suicide.
   90  The network shall consist of stakeholders advocating suicide
   91  prevention, including, but not limited to, not-for-profit
   92  suicide prevention organizations, faith-based suicide prevention
   93  organizations, law enforcement agencies, first responders to
   94  emergency calls, veterans, servicemembers, suicide prevention
   95  community coalitions, schools and universities, mental health
   96  agencies, substance abuse treatment agencies, health care
   97  providers, and school personnel.
   98         (d) Coordinate education and training curricula in suicide
   99  prevention efforts for law enforcement personnel, first
  100  responders to emergency calls, veterans, servicemembers, health
  101  care providers, school employees, and other persons who may have
  102  contact with persons at risk of suicide.
  103         (e)Act as a clearinghouse for information and resources
  104  related to suicide prevention by:
  105         1. Disseminating and sharing evidence-based best practices
  106  relating to suicide prevention;
  107         2. Collecting and analyzing data on trends in suicide and
  108  suicide attempts annually by county, age, gender, profession,
  109  and other demographics as designated by the statewide office.
  110         (f) Advise the Department of Transportation on the
  111  implementation of evidence-based suicide deterrents in the
  112  design elements and features of infrastructure projects
  113  throughout the state.
  114         Section 2. Paragraph (c) of subsection (1) and subsection
  115  (2) of section 14.20195, Florida Statutes, are amended, and
  116  paragraph (d) is added to subsection (1) of that section, to
  117  read:
  118         14.20195 Suicide Prevention Coordinating Council; creation;
  119  membership; duties.—There is created within the Statewide Office
  120  for Suicide Prevention a Suicide Prevention Coordinating
  121  Council. The council shall develop strategies for preventing
  122  suicide.
  123         (1) SCOPE OF ACTIVITY.—The Suicide Prevention Coordinating
  124  Council is a coordinating council as defined in s. 20.03 and
  125  shall:
  126         (c) Make findings and recommendations regarding suicide
  127  prevention programs and activities, including, but not limited
  128  to, the implementation of evidence-based mental health awareness
  129  and assistance training programs and gatekeeper training in
  130  municipalities throughout the state. The council shall prepare
  131  an annual report and present it to the Governor, the President
  132  of the Senate, and the Speaker of the House of Representatives
  133  by January 1, each year. The annual report must describe the
  134  status of existing and planned initiatives identified in the
  135  statewide plan for suicide prevention and any recommendations
  136  arising therefrom.
  137         (d)In conjunction with the Department of Children and
  138  Families, advise members of the public on the locations and
  139  availability of local behavioral health providers.
  140         (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council
  141  shall consist of 32 27 voting members and one nonvoting member.
  142         (a) Eighteen Thirteen members shall be appointed by the
  143  director of the Statewide Office for Suicide Prevention and
  144  shall represent the following organizations:
  145         1. The Florida Association of School Psychologists.
  146         2. The Florida Sheriffs Association.
  147         3. The Suicide Prevention Action Network USA.
  148         4. The Florida Initiative of Suicide Prevention.
  149         5. The Florida Suicide Prevention Coalition.
  150         6. The American Foundation of Suicide Prevention.
  151         7. The Florida School Board Association.
  152         8. The National Council for Suicide Prevention.
  153         9. The state chapter of AARP.
  154         10. The Florida Behavioral Health Association The Florida
  155  Alcohol and Drug Abuse Association.
  156         11. The Florida Council for Community Mental Health.
  157         12. The Florida Counseling Association.
  158         12.13. NAMI Florida.
  159         13.The Florida Medical Association.
  160         14.The Florida Osteopathic Medical Association.
  161         15.The Florida Psychiatric Society.
  162         16.The Florida Psychological Association.
  163         17.Veterans Florida.
  164         18.The Florida Association of Managing Entities.
  165         (b) The following state officials or their designees shall
  166  serve on the coordinating council:
  167         1. The Secretary of Elderly Affairs.
  168         2. The State Surgeon General.
  169         3. The Commissioner of Education.
  170         4. The Secretary of Health Care Administration.
  171         5. The Secretary of Juvenile Justice.
  172         6. The Secretary of Corrections.
  173         7. The executive director of the Department of Law
  174  Enforcement.
  175         8. The executive director of the Department of Veterans’
  176  Affairs.
  177         9. The Secretary of Children and Families.
  178         10. The executive director of the Department of Economic
  179  Opportunity.
  180         (c) The Governor shall appoint four additional members to
  181  the coordinating council. The appointees must have expertise
  182  that is critical to the prevention of suicide or represent an
  183  organization that is not already represented on the coordinating
  184  council.
  185         (d) For the members appointed by the director of the
  186  Statewide Office for Suicide Prevention, seven members shall be
  187  appointed to initial terms of 3 years, and seven members shall
  188  be appointed to initial terms of 4 years. For the members
  189  appointed by the Governor, two members shall be appointed to
  190  initial terms of 4 years, and two members shall be appointed to
  191  initial terms of 3 years. Thereafter, such members shall be
  192  appointed to terms of 4 years. Any vacancy on the coordinating
  193  council shall be filled in the same manner as the original
  194  appointment, and any member who is appointed to fill a vacancy
  195  occurring because of death, resignation, or ineligibility for
  196  membership shall serve only for the unexpired term of the
  197  member’s predecessor. A member is eligible for reappointment.
  198         (e) The director of the Statewide Office for Suicide
  199  Prevention shall be a nonvoting member of the coordinating
  200  council and shall act as chair.
  201         (f) Members of the coordinating council shall serve without
  202  compensation. Any member of the coordinating council who is a
  203  public employee is entitled to reimbursement for per diem and
  204  travel expenses as provided in s. 112.061.
  205         Section 3. Present paragraph (c) of subsection (10) of
  206  section 334.044, Florida Statutes, is redesignated as paragraph
  207  (d), and a new paragraph (c) is added to that subsection, to
  208  read:
  209         334.044 Powers and duties of the department.—The department
  210  shall have the following general powers and duties:
  211         (10)
  212         (c) The department shall work with the Statewide Office for
  213  Suicide Prevention in developing a plan to consider the
  214  implementation of evidence-based suicide deterrents on all new
  215  infrastructure projects.
  216         Section 4. Present subsections (17) through (48) of section
  217  394.455, Florida Statutes, are redesignated as subsections (18)
  218  through (49), respectively, and a new subsection (17) is added
  219  to that section, to read:
  220         394.455 Definitions.—As used in this part, the term:
  221         (17) “First episode psychosis program” means an evidence
  222  based program for individuals between 14 and 30 years of age who
  223  are experiencing early indications of serious mental illness,
  224  especially a first episode of psychotic symptoms. The program
  225  includes, but is not limited to, intensive case management,
  226  individual or group therapy, supported employment, family
  227  education and supports, and appropriate psychotropic medication,
  228  as indicated.
  229         Section 5. Section 394.4573, Florida Statutes, is amended
  230  to read:
  231         394.4573 Coordinated system of care; annual assessment;
  232  essential elements; measures of performance; system improvement
  233  grants; reports.—On or before December 1 of each year, the
  234  department shall submit to the Governor, the President of the
  235  Senate, and the Speaker of the House of Representatives an
  236  assessment of the behavioral health services in this state. The
  237  assessment shall consider, at a minimum, the extent to which
  238  designated receiving systems function as no-wrong-door models,
  239  the availability of treatment and recovery services that use
  240  recovery-oriented and peer-involved approaches, the availability
  241  of less-restrictive services, and the use of evidence-informed
  242  practices. The assessment must also describe the availability of
  243  and access to first episode psychosis programs, and any gaps in
  244  the availability and access of such programs, in all areas of
  245  the state. The department’s assessment shall consider, at a
  246  minimum, the needs assessments conducted by the managing
  247  entities pursuant to s. 394.9082(5). Beginning in 2017, the
  248  department shall compile and include in the report all plans
  249  submitted by managing entities pursuant to s. 394.9082(8) and
  250  the department’s evaluation of each plan.
  251         (1) As used in this section:
  252         (a) “Care coordination” means the implementation of
  253  deliberate and planned organizational relationships and service
  254  procedures that improve the effectiveness and efficiency of the
  255  behavioral health system by engaging in purposeful interactions
  256  with individuals who are not yet effectively connected with
  257  services to ensure service linkage. Examples of care
  258  coordination activities include development of referral
  259  agreements, shared protocols, and information exchange
  260  procedures. The purpose of care coordination is to enhance the
  261  delivery of treatment services and recovery supports and to
  262  improve outcomes among priority populations.
  263         (b) “Case management” means those direct services provided
  264  to a client in order to assess his or her needs, plan or arrange
  265  services, coordinate service providers, link the service system
  266  to a client, monitor service delivery, and evaluate patient
  267  outcomes to ensure the client is receiving the appropriate
  268  services.
  269         (c) “Coordinated system of care” means the full array of
  270  behavioral and related services in a region or community offered
  271  by all service providers, whether participating under contract
  272  with the managing entity or by another method of community
  273  partnership or mutual agreement.
  274         (d) “No-wrong-door model” means a model for the delivery of
  275  acute care services to persons who have mental health or
  276  substance use disorders, or both, which optimizes access to
  277  care, regardless of the entry point to the behavioral health
  278  care system.
  279         (2) The essential elements of a coordinated system of care
  280  include:
  281         (a) Community interventions, such as prevention, primary
  282  care for behavioral health needs, therapeutic and supportive
  283  services, crisis response services, and diversion programs.
  284         (b) A designated receiving system that consists of one or
  285  more facilities serving a defined geographic area and
  286  responsible for assessment and evaluation, both voluntary and
  287  involuntary, and treatment or triage of patients who have a
  288  mental health or substance use disorder, or co-occurring
  289  disorders.
  290         1. A county or several counties shall plan the designated
  291  receiving system using a process that includes the managing
  292  entity and is open to participation by individuals with
  293  behavioral health needs and their families, service providers,
  294  law enforcement agencies, and other parties. The county or
  295  counties, in collaboration with the managing entity, shall
  296  document the designated receiving system through written
  297  memoranda of agreement or other binding arrangements. The county
  298  or counties and the managing entity shall complete the plan and
  299  implement the designated receiving system by July 1, 2017, and
  300  the county or counties and the managing entity shall review and
  301  update, as necessary, the designated receiving system at least
  302  once every 3 years.
  303         2. To the extent permitted by available resources, the
  304  designated receiving system shall function as a no-wrong-door
  305  model. The designated receiving system may be organized in any
  306  manner which functions as a no-wrong-door model that responds to
  307  individual needs and integrates services among various
  308  providers. Such models include, but are not limited to:
  309         a. A central receiving system that consists of a designated
  310  central receiving facility that serves as a single entry point
  311  for persons with mental health or substance use disorders, or
  312  co-occurring disorders. The central receiving facility shall be
  313  capable of assessment, evaluation, and triage or treatment or
  314  stabilization of persons with mental health or substance use
  315  disorders, or co-occurring disorders.
  316         b. A coordinated receiving system that consists of multiple
  317  entry points that are linked by shared data systems, formal
  318  referral agreements, and cooperative arrangements for care
  319  coordination and case management. Each entry point shall be a
  320  designated receiving facility and shall, within existing
  321  resources, provide or arrange for necessary services following
  322  an initial assessment and evaluation.
  323         c. A tiered receiving system that consists of multiple
  324  entry points, some of which offer only specialized or limited
  325  services. Each service provider shall be classified according to
  326  its capabilities as either a designated receiving facility or
  327  another type of service provider, such as a triage center, a
  328  licensed detoxification facility, or an access center. All
  329  participating service providers shall, within existing
  330  resources, be linked by methods to share data, formal referral
  331  agreements, and cooperative arrangements for care coordination
  332  and case management.
  334  An accurate inventory of the participating service providers
  335  which specifies the capabilities and limitations of each
  336  provider and its ability to accept patients under the designated
  337  receiving system agreements and the transportation plan
  338  developed pursuant to this section shall be maintained and made
  339  available at all times to all first responders in the service
  340  area.
  341         (c) Transportation in accordance with a plan developed
  342  under s. 394.462.
  343         (d) Crisis services, including mobile response teams,
  344  crisis stabilization units, addiction receiving facilities, and
  345  detoxification facilities.
  346         (e) Case management. Each case manager or person directly
  347  supervising a case manager who provides Medicaid-funded targeted
  348  case management services shall hold a valid certification from a
  349  department-approved credentialing entity as defined in s.
  350  397.311(10) by July 1, 2017, and, thereafter, within 6 months
  351  after hire.
  352         (f) Care coordination that involves coordination with other
  353  local systems and entities, public and private, which are
  354  involved with the individual, such as primary care, child
  355  welfare, behavioral health care, and criminal and juvenile
  356  justice organizations.
  357         (g) Outpatient services.
  358         (h) Residential services.
  359         (i) Hospital inpatient care.
  360         (j) Aftercare and other postdischarge services.
  361         (k) Medication-assisted treatment and medication
  362  management.
  363         (l) Recovery support, including, but not limited to,
  364  support for competitive employment, educational attainment,
  365  independent living skills development, family support and
  366  education, wellness management and self-care, and assistance in
  367  obtaining housing that meets the individual’s needs. Such
  368  housing may include mental health residential treatment
  369  facilities, limited mental health assisted living facilities,
  370  adult family care homes, and supportive housing. Housing
  371  provided using state funds must provide a safe and decent
  372  environment free from abuse and neglect.
  373         (m) Care plans shall assign specific responsibility for
  374  initial and ongoing evaluation of the supervision and support
  375  needs of the individual and the identification of housing that
  376  meets such needs. For purposes of this paragraph, the term
  377  “supervision” means oversight of and assistance with compliance
  378  with the clinical aspects of an individual’s care plan.
  379         (n)First episode psychosis programs.
  380         (3) SYSTEM IMPROVEMENT GRANTS.—Subject to a specific
  381  appropriation by the Legislature, the department may award
  382  system improvement grants to managing entities based on a
  383  detailed plan to enhance services in accordance with the no
  384  wrong-door model as defined in subsection (1) and to address
  385  specific needs identified in the assessment prepared by the
  386  department pursuant to this section. Such a grant must be
  387  awarded through a performance-based contract that links payments
  388  to the documented and measurable achievement of system
  389  improvements.
  390         Section 6. Subsection (3) of section 394.463, Florida
  391  Statutes, is amended to read:
  392         394.463 Involuntary examination.—
  393         (3) NOTICE OF RELEASE.—Notice of the release shall be given
  394  to the patient’s guardian or representative, to any person who
  395  executed a certificate admitting the patient to the receiving
  396  facility, and to any court which ordered the patient’s
  397  evaluation. If the patient is a minor, information regarding the
  398  availability of a local mobile response service, suicide
  399  prevention resources, social supports, and local self-help
  400  groups must also be provided to the patient’s guardian or
  401  representative along with the notice of the release.
  402         Section 7. Section 456.0342, Florida Statutes, is created
  403  to read:
  404         456.0342 Required instruction on suicide prevention.—The
  405  requirements of this section apply to each person licensed or
  406  certified under chapter 458, chapter 459, or part I of chapter
  407  464.
  408         (1) By January 1, 2022, each licensed or certified
  409  practitioner shall complete a board-approved 2-hour continuing
  410  education course on suicide prevention. The course must address
  411  suicide risk assessment, treatment, and management.
  412         (2) Each licensing board that requires a licensee or
  413  certificate holder to complete a course pursuant to this section
  414  must include the hours required for completion in the total
  415  hours of continuing education required by law for such
  416  profession.
  417         Section 8. Effective January 1, 2021, paragraph (b) of
  418  subsection (8) of section 627.6675, Florida Statutes, is amended
  419  to read:
  420         627.6675 Conversion on termination of eligibility.—Subject
  421  to all of the provisions of this section, a group policy
  422  delivered or issued for delivery in this state by an insurer or
  423  nonprofit health care services plan that provides, on an
  424  expense-incurred basis, hospital, surgical, or major medical
  425  expense insurance, or any combination of these coverages, shall
  426  provide that an employee or member whose insurance under the
  427  group policy has been terminated for any reason, including
  428  discontinuance of the group policy in its entirety or with
  429  respect to an insured class, and who has been continuously
  430  insured under the group policy, and under any group policy
  431  providing similar benefits that the terminated group policy
  432  replaced, for at least 3 months immediately prior to
  433  termination, shall be entitled to have issued to him or her by
  434  the insurer a policy or certificate of health insurance,
  435  referred to in this section as a “converted policy.” A group
  436  insurer may meet the requirements of this section by contracting
  437  with another insurer, authorized in this state, to issue an
  438  individual converted policy, which policy has been approved by
  439  the office under s. 627.410. An employee or member shall not be
  440  entitled to a converted policy if termination of his or her
  441  insurance under the group policy occurred because he or she
  442  failed to pay any required contribution, or because any
  443  discontinued group coverage was replaced by similar group
  444  coverage within 31 days after discontinuance.
  445         (8) BENEFITS OFFERED.—
  446         (b) An insurer shall offer the benefits specified in s.
  447  627.4193 s. 627.668 and the benefits specified in s. 627.669 if
  448  those benefits were provided in the group plan.
  449         Section 9. Effective January 1, 2021, section 627.668,
  450  Florida Statutes, is transferred, renumbered as section
  451  627.4193, Florida Statutes, and amended to read:
  452         627.4193 627.668Requirements for mental health and
  453  substance use disorder benefits; reporting requirements Optional
  454  coverage for mental and nervous disorders required; exception.—
  455         (1) Every insurer issuing, delivering, or issuing for
  456  delivery comprehensive major medical individual or, health
  457  maintenance organization, and nonprofit hospital and medical
  458  service plan corporation transacting group health insurance
  459  policies or providing prepaid health care in this state must
  460  comply with the federal Paul Wellstone and Pete Domenici Mental
  461  Health Parity and Addiction Equity Act of 2008 (MHPAEA) and any
  462  regulations relating to MHPAEA, including, but not limited to,
  463  45 C.F.R. s. 146.136, 45 C.F.R. s. 147.160, and 45 C.F.R. s.
  464  156.115(a)(3); and must provide shall make available to the
  465  policyholder as part of the application, for an appropriate
  466  additional premium under a group hospital and medical expense
  467  incurred insurance policy, under a group prepaid health care
  468  contract, and under a group hospital and medical service plan
  469  contract, the benefits or level of benefits specified in
  470  subsection (2) for the medically necessary care and treatment of
  471  mental and nervous disorders, including substance use disorders,
  472  as described defined in the Diagnostic and Statistical Manual of
  473  Mental Disorders, Fifth Edition, published by standard
  474  nomenclature of the American Psychiatric Association, subject to
  475  the right of the applicant for a group policy or contract to
  476  select any alternative benefits or level of benefits as may be
  477  offered by the insurer, health maintenance organization, or
  478  service plan corporation provided that, if alternate inpatient,
  479  outpatient, or partial hospitalization benefits are selected,
  480  such benefits shall not be less than the level of benefits
  481  required under paragraph (2)(a), paragraph (2)(b), or paragraph
  482  (2)(c), respectively.
  483         (2) Under individual or group policies described in
  484  subsection (1) or contracts, inpatient hospital benefits,
  485  partial hospitalization benefits, and outpatient benefits
  486  consisting of durational limits, dollar amounts, deductibles,
  487  and coinsurance factors may not be provided in a manner that is
  488  more restrictive than medical and surgical benefits, and limits
  489  on the scope or duration of treatments which are not expressed
  490  numerically, also known as nonquantitative treatment
  491  limitations, must be provided in a manner that is comparable and
  492  may not be applied more stringently than limits on medical and
  493  surgical benefits, in accordance with 45 C.F.R. s.
  494  146.136(c)(2), (3), and (4) shall not be less favorable than for
  495  physical illness generally, except that:
  496         (a) Inpatient benefits may be limited to not less than 30
  497  days per benefit year as defined in the policy or contract. If
  498  inpatient hospital benefits are provided beyond 30 days per
  499  benefit year, the durational limits, dollar amounts, and
  500  coinsurance factors thereto need not be the same as applicable
  501  to physical illness generally.
  502         (b) Outpatient benefits may be limited to $1,000 for
  503  consultations with a licensed physician, a psychologist licensed
  504  pursuant to chapter 490, a mental health counselor licensed
  505  pursuant to chapter 491, a marriage and family therapist
  506  licensed pursuant to chapter 491, and a clinical social worker
  507  licensed pursuant to chapter 491. If benefits are provided
  508  beyond the $1,000 per benefit year, the durational limits,
  509  dollar amounts, and coinsurance factors thereof need not be the
  510  same as applicable to physical illness generally.
  511         (c) Partial hospitalization benefits shall be provided
  512  under the direction of a licensed physician. For purposes of
  513  this part, the term “partial hospitalization services” is
  514  defined as those services offered by a program that is
  515  accredited by an accrediting organization whose standards
  516  incorporate comparable regulations required by this state.
  517  Alcohol rehabilitation programs accredited by an accrediting
  518  organization whose standards incorporate comparable regulations
  519  required by this state or approved by the state and licensed
  520  drug abuse rehabilitation programs shall also be qualified
  521  providers under this section. In a given benefit year, if
  522  partial hospitalization services or a combination of inpatient
  523  and partial hospitalization are used, the total benefits paid
  524  for all such services may not exceed the cost of 30 days after
  525  inpatient hospitalization for psychiatric services, including
  526  physician fees, which prevail in the community in which the
  527  partial hospitalization services are rendered. If partial
  528  hospitalization services benefits are provided beyond the limits
  529  set forth in this paragraph, the durational limits, dollar
  530  amounts, and coinsurance factors thereof need not be the same as
  531  those applicable to physical illness generally.
  532         (3) Insurers must maintain strict confidentiality regarding
  533  psychiatric and psychotherapeutic records submitted to an
  534  insurer for the purpose of reviewing a claim for benefits
  535  payable under this section. These records submitted to an
  536  insurer are subject to the limitations of s. 456.057, relating
  537  to the furnishing of patient records.
  538         (4)Every insurer shall submit an annual affidavit
  539  attesting to compliance with the applicable provisions of the
  540  MHPAEA.
  541         (5)The office shall implement and enforce applicable
  542  provisions of MHPAEA and federal guidance or regulations
  543  relating to MHPAEA, including, but not limited to, 45 C.F.R. s.
  544  146.136, 45 C.F.R. s. 147.160, and 45 C.F.R. s. 156.115(a)(3),
  545  and this section.
  546         (6)The Financial Services Commission may adopt rules to
  547  implement this section.
  548         Section 10. Subsection (4) is added to section 627.669,
  549  Florida Statutes, to read:
  550         627.669 Optional coverage required for substance abuse
  551  impaired persons; exception.—
  552         (4) This section is repealed January 1, 2021.
  553         Section 11. Effective January 1, 2021, present subsection
  554  (17) of section 627.6699, Florida Statutes, is redesignated as
  555  subsection (18), and a new subsection (17) is added to that
  556  section, to read:
  557         627.6699 Employee Health Care Access Act.—
  559  benefit plan that provides coverage to employees of a small
  560  employer is subject to s. 627.4193.
  561         Section 12. Effective January 1, 2021, subsection (9) is
  562  added to section 641.26, Florida Statutes, to read:
  563         641.26 Annual and quarterly reports.—
  564         (9) Every health maintenance organization issuing,
  565  delivering, or issuing for delivery contracts providing
  566  comprehensive major medical coverage shall annually submit an
  567  affidavit to the office attesting to compliance with the
  568  requirements of s. 627.4193. The office may adopt rules to
  569  implement this subsection.
  570         Section 13. Effective January 1, 2021, subsection (48) is
  571  added to section 641.31, Florida Statutes, to read:
  572         641.31 Health maintenance contracts.—
  573         (48) All health maintenance contracts that provide
  574  comprehensive medical coverage must comply with the coverage
  575  provisions of s. 627.4193. The commission may adopt rules to
  576  implement this subsection.
  577         Section 14. Section 786.1516, Florida Statutes, is created
  578  to read:
  579         786.1516 Immunity for providing assistance in a suicide
  580  emergency.—
  581         (1) As used in this section, the term:
  582         (a) “Emergency care” means assistance or advice offered to
  583  avoid, mitigate, or attempt to mitigate the effects of a suicide
  584  emergency.
  585         (b) “Suicide emergency” means an occurrence that reasonably
  586  indicates an individual is at risk of dying or attempting to die
  587  by suicide.
  588         (2) A person who provides emergency care at or near the
  589  scene of a suicide emergency, gratuitously and in good faith, is
  590  not liable for any civil damages or penalties as a result of any
  591  act or omission by the person providing the emergency care
  592  unless the person is grossly negligent or caused the suicide
  593  emergency.
  594         Section 15. Present subsection (28) of section 1002.33,
  595  Florida Statutes, is redesignated as subsection (29), and a new
  596  subsection (28) is added to that section, to read:
  597         1002.33 Charter schools.—
  600         (a) By October 1, 2020, every charter school must:
  601         1. Incorporate 2 hours of training offered pursuant to s.
  602  1012.583. The training must be included in the existing
  603  continuing education or inservice training requirements for
  604  instructional personnel and may not add to the total hours
  605  currently required by the department. Every charter school must
  606  require all instructional personnel to participate.
  607         2. Have at least two school-based staff members certified
  608  or otherwise deemed competent in the use of a suicide screening
  609  instrument approved under s. 1012.583(1) and have a policy to
  610  use such suicide risk screening instrument to evaluate a
  611  student’s suicide risk before requesting the initiation of, or
  612  initiating, an involuntary examination due to concerns about
  613  that student’s suicide risk.
  614         (b) Every charter school must report its compliance with
  615  this subsection to the department.
  616         Section 16. Subsections (2) and (3) of section 1012.583,
  617  Florida Statutes, are amended to read:
  618         1012.583 Continuing education and inservice training for
  619  youth suicide awareness and prevention.—
  620         (2) By October 1, 2020, every public school must A school
  621  shall be considered a “Suicide Prevention Certified School” if
  622  it:
  623         (a) Incorporate Incorporates 2 hours of training offered
  624  pursuant to this section. The training must be included in the
  625  existing continuing education or inservice training requirements
  626  for instructional personnel and may not add to the total hours
  627  currently required by the department. Every public school A
  628  school that chooses to participate in the training must require
  629  all instructional personnel to participate.
  630         (b) Have Has at least two school-based staff members
  631  certified or otherwise deemed competent in the use of a suicide
  632  screening instrument approved under subsection (1) and have has
  633  a policy to use such suicide risk screening instrument to
  634  evaluate a student’s suicide risk before requesting the
  635  initiation of, or initiating, an involuntary examination due to
  636  concerns about that student’s suicide risk.
  637         (3) Every public school A school that meets the criteria in
  638  subsection (2) must report its compliance with this section to
  639  the department. The department shall keep an updated record of
  640  all Suicide Prevention Certified Schools and shall post the list
  641  of these schools on the department’s website. Each school shall
  642  also post on its own website whether it is a Suicide Prevention
  643  Certified School, and each school district shall post on its
  644  district website a list of the Suicide Prevention Certified
  645  Schools in that district.
  646         Section 17. Paragraphs (a) and (c) of subsection (3) of
  647  section 394.495, Florida Statutes, are amended to read:
  648         394.495 Child and adolescent mental health system of care;
  649  programs and services.—
  650         (3) Assessments must be performed by:
  651         (a) A professional as defined in s. 394.455(5), (7), (33)
  652  (32), (36) (35), or (37) (36);
  653         (c) A person who is under the direct supervision of a
  654  qualified professional as defined in s. 394.455(5), (7), (33)
  655  (32), (36) (35), or (37) (36) or a professional licensed under
  656  chapter 491.
  657         Section 18. Subsection (5) of section 394.496, Florida
  658  Statutes, is amended to read:
  659         394.496 Service planning.—
  660         (5) A professional as defined in s. 394.455(5), (7), (33)
  661  (32), (36) (35), or (37) (36) or a professional licensed under
  662  chapter 491 must be included among those persons developing the
  663  services plan.
  664         Section 19. Subsection (6) of section 394.9085, Florida
  665  Statutes, is amended to read:
  666         394.9085 Behavioral provider liability.—
  667         (6) For purposes of this section, the terms “detoxification
  668  services,” “addictions receiving facility,” and “receiving
  669  facility” have the same meanings as those provided in ss.
  670  397.311(26)(a)4., 397.311(26)(a)1., and 394.455(40) 394.455(39),
  671  respectively.
  672         Section 20. Paragraph (b) of subsection (1) of section
  673  409.972, Florida Statutes, is amended to read:
  674         409.972 Mandatory and voluntary enrollment.—
  675         (1) The following Medicaid-eligible persons are exempt from
  676  mandatory managed care enrollment required by s. 409.965, and
  677  may voluntarily choose to participate in the managed medical
  678  assistance program:
  679         (b) Medicaid recipients residing in residential commitment
  680  facilities operated through the Department of Juvenile Justice
  681  or a treatment facility as defined in s. 394.455(47).
  682         Section 21. Paragraph (e) of subsection (4) of section
  683  464.012, Florida Statutes, is amended to read:
  684         464.012 Licensure of advanced practice registered nurses;
  685  fees; controlled substance prescribing.—
  686         (4) In addition to the general functions specified in
  687  subsection (3), an advanced practice registered nurse may
  688  perform the following acts within his or her specialty:
  689         (e) A psychiatric nurse, who meets the requirements in s.
  690  394.455(36) s. 394.455(35), within the framework of an
  691  established protocol with a psychiatrist, may prescribe
  692  psychotropic controlled substances for the treatment of mental
  693  disorders.
  694         Section 22. Subsection (7) of section 744.2007, Florida
  695  Statutes, is amended to read:
  696         744.2007 Powers and duties.—
  697         (7) A public guardian may not commit a ward to a treatment
  698  facility, as defined in s. 394.455(47), without an involuntary
  699  placement proceeding as provided by law.
  700         Section 23. The Office of Program Policy Analysis and
  701  Government Accountability shall perform a review of suicide
  702  prevention programs and efforts made by other states and make
  703  recommendations on their applicability to this state. The office
  704  shall submit a report containing the findings and
  705  recommendations to the President of the Senate and the Speaker
  706  of the House of Representatives by January 1, 2021.
  707         Section 24. Except as otherwise expressly provided in this
  708  act, this act shall take effect July 1, 2020.