Florida Senate - 2023                             CS for SB 1016
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Rouson
       
       
       
       
       586-03543-23                                          20231016c1
    1                        A bill to be entitled                      
    2         An act relating to mental health and substance abuse;
    3         amending s. 394.494, F.S.; revising a requirement for
    4         the Department of Children and Families relating to
    5         certain performance outcomes and measures; amending s.
    6         394.4955, F.S.; requiring managing entities to lead
    7         the implementation of a coordinated system of care;
    8         amending s. 394.9082, F.S.; revising the duties of the
    9         department; revising department requirements for, and
   10         authorizations relating to, contracting with managing
   11         entities; requiring the department to review
   12         assessments, in consultation with the managing
   13         entities, for inclusion in the department’s
   14         legislative budget request; revising managing entity
   15         duties; revising the timeframe for annually submitting
   16         enhancement plans; revising requirements relating to
   17         the acute care services utilization database;
   18         providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (2) of section 394.494, Florida
   23  Statutes, is amended to read:
   24         394.494 General performance outcomes for the child and
   25  adolescent mental health treatment and support system.—
   26         (2) Annually, pursuant to former s. 216.0166, the
   27  department shall develop more specific performance outcomes and
   28  performance measures to assess the performance of the child and
   29  adolescent mental health treatment and support system in
   30  achieving the intent of this section.
   31         Section 2. Subsection (1) of section 394.4955, Florida
   32  Statutes, is amended to read:
   33         394.4955 Coordinated system of care; child and adolescent
   34  mental health treatment and support.—
   35         (1) Pursuant to s. 394.9082(5)(d), each managing entity
   36  shall lead the development and implementation of a plan that
   37  promotes the development and effective implementation of a
   38  coordinated system of care which integrates services provided
   39  through providers funded by the state’s child-serving systems
   40  and facilitates access by children and adolescents, as resources
   41  permit, to needed mental health treatment and services at any
   42  point of entry regardless of the time of year, intensity, or
   43  complexity of the need, and other systems with which such
   44  children and adolescents are involved, as well as treatment and
   45  services available through other systems for which they would
   46  qualify.
   47         Section 3. Paragraphs (b) and (j) of subsection (4),
   48  paragraph (b) of subsection (5), paragraph (b) of subsection
   49  (6), and subsections (8) and (10) of section 394.9082, Florida
   50  Statutes, are amended, and paragraph (n) is added to subsection
   51  (3) and paragraph (v) is added to subsection (5) of that
   52  section, to read:
   53         394.9082 Behavioral health managing entities.—
   54         (3) DEPARTMENT DUTIES.—The department shall:
   55         (n)Complete an analysis of the use of funding designations
   56  and contract deliverables with the managing entities every 3
   57  years.
   58         (4) CONTRACT WITH MANAGING ENTITIES.—
   59         (b) The department shall issue an invitation to negotiate
   60  under s. 287.057 to select an organization to serve as a
   61  managing entity. If the department receives fewer than two
   62  responsive bids to the solicitation, the department may shall
   63  reissue the solicitation and managed behavioral health
   64  organizations shall be eligible to bid and be awarded a
   65  contract.
   66         (j) By June 30, 2019, If all other contract requirements
   67  and performance standards are met and the department determines
   68  that a managing entity under contract as of July 1, 2016, has
   69  received network accreditation pursuant to subsection (6), the
   70  department may continue its contract with the managing entity
   71  for up to, but not exceeding, 5 years, including any and all
   72  renewals and extensions. Thereafter, the department must issue a
   73  competitive solicitation pursuant to paragraph (b).
   74         (5) MANAGING ENTITY DUTIES.—A managing entity shall:
   75         (b) Conduct a community behavioral health care needs
   76  assessment every 3 years in the geographic area served by the
   77  managing entity which identifies needs by subregion. The process
   78  for conducting the needs assessment shall include an opportunity
   79  for public participation. The assessment shall include, at a
   80  minimum, the information the department needs for its annual
   81  report to the Governor and Legislature pursuant to s. 394.4573.
   82  The assessment shall also include a list and descriptions of any
   83  gaps in the arrays of services for children or adolescents
   84  identified pursuant to s. 394.4955 and recommendations for
   85  addressing such gaps. The managing entity shall provide the
   86  needs assessment to the department. The department, in
   87  consultation with the managing entities, shall review such
   88  assessments for inclusion in the department’s legislative budget
   89  request.
   90         (v)Collaborate with county emergency operation centers to
   91  identify contracted provider organizations that are deemed
   92  essential for critical public health infrastructure.
   93         (6) NETWORK ACCREDITATION AND SYSTEMS COORDINATION
   94  AGREEMENTS.—
   95         (b) If no accreditations are available or deemed acceptable
   96  pursuant to paragraph (a) which address coordination between the
   97  provider network and major systems and programs with which the
   98  provider network interacts, each managing entity shall enter
   99  into memoranda of understanding which details mechanisms for
  100  communication and coordination. The managing entity shall enter
  101  into such memoranda with any community-based care lead agencies,
  102  circuit courts, county courts, sheriffs’ offices, offices of the
  103  public defender, offices of criminal conflict and civil regional
  104  counsel, Medicaid managed medical assistance plans, and homeless
  105  coalitions in its service area. Each managing entity under
  106  contract on July 1, 2016, shall enter into such memoranda by
  107  June 30, 2017, and Each managing entity under contract after
  108  July 1, 2016, shall enter into such memoranda within 1 year
  109  after its contract execution date.
  110         (8) ENHANCEMENT PLANS.—By June September 1 of each year,
  111  beginning in 2017, each managing entity shall develop and submit
  112  to the department a description of strategies for enhancing
  113  services and addressing three to five priority needs in the
  114  service area. The planning process sponsored by the managing
  115  entity shall include consumers and their families, community
  116  based care lead agencies, local governments, law enforcement
  117  agencies, service providers, community partners and other
  118  stakeholders. Each strategy must be described in detail and
  119  accompanied by an implementation plan that specifies action
  120  steps, identifies responsible parties, and delineates specific
  121  services that would be purchased, projected costs, the projected
  122  number of individuals that would be served, and the estimated
  123  benefits of the services. The department shall consider
  124  enhancement plans submitted by the managing entities in the
  125  department’s legislative budget request All or parts of these
  126  enhancement plans may be included in the department’s annual
  127  budget requests submitted to the Legislature.
  128         (10) ACUTE CARE SERVICES UTILIZATION DATABASE.—The
  129  department shall develop, implement, and maintain standards
  130  under which a managing entity shall collect utilization data
  131  from all contracted public receiving facilities situated within
  132  its geographical service area and all detoxification and
  133  addictions receiving facilities under contract with the managing
  134  entity. As used in this subsection, the term “public receiving
  135  facility” means an entity that meets the licensure requirements
  136  of, and is designated by, the department to operate as a public
  137  receiving facility under s. 394.875 and that is operating as a
  138  licensed crisis stabilization unit.
  139         (a) The department shall develop standards and protocols to
  140  be used for data collection, storage, transmittal, and analysis.
  141  The standards and protocols shall allow for compatibility of
  142  data and data transmittal between public receiving facilities,
  143  detoxification facilities, addictions receiving facilities,
  144  managing entities, and the department for the implementation,
  145  and to meet the requirements, of this subsection.
  146         (b) A managing entity shall require providers specified in
  147  paragraph (a) to submit data, in real time or at least daily, to
  148  the managing entity for:
  149         1. All admissions and discharges of clients receiving
  150  public receiving facility services who qualify as indigent, as
  151  defined in s. 394.4787.
  152         2. All admissions and discharges of clients receiving
  153  substance abuse services in an addictions receiving facility or
  154  detoxification facility pursuant to parts IV and V of chapter
  155  397 who qualify as indigent.
  156         3. The current active census of total licensed beds, the
  157  number of beds purchased by the department, the number of
  158  clients qualifying as indigent occupying those beds, and the
  159  total number of unoccupied licensed beds, regardless of funding.
  160         (c) A managing entity shall require providers specified in
  161  paragraph (a) to submit data, on a monthly basis, to the
  162  managing entity which aggregates the daily data submitted under
  163  paragraph (b). The managing entity shall reconcile the data in
  164  the monthly submission to the data received by the managing
  165  entity under paragraph (b) to check for consistency. If the
  166  monthly aggregate data submitted by a provider under this
  167  paragraph are inconsistent with the daily data submitted under
  168  paragraph (b), the managing entity shall consult with the
  169  provider to make corrections necessary to ensure accurate data.
  170         (d) A managing entity shall require providers specified in
  171  paragraph (a) within its provider network to submit data, on an
  172  annual basis, to the managing entity which aggregates the data
  173  submitted and reconciled under paragraph (c). The managing
  174  entity shall reconcile the data in the annual submission to the
  175  data received and reconciled by the managing entity under
  176  paragraph (c) to check for consistency. If the annual aggregate
  177  data submitted by a provider under this paragraph are
  178  inconsistent with the data received and reconciled under
  179  paragraph (c), the managing entity shall consult with the
  180  provider to make corrections necessary to ensure accurate data.
  181         (e) After ensuring the accuracy of data pursuant to
  182  paragraphs (c) and (d), the managing entity shall submit the
  183  data to the department on a monthly and an annual basis. The
  184  department shall create a statewide database for the data
  185  described under paragraph (b) and submitted under this paragraph
  186  for the purpose of analyzing the use of publicly funded crisis
  187  stabilization services and detoxification and addictions
  188  receiving services provided on a statewide and an individual
  189  provider basis.
  190         (f) The department shall post on its website, by facility,
  191  the data collected pursuant to this subsection and update such
  192  posting monthly.
  193         Section 4. This act shall take effect July 1, 2023.