Florida Senate - 2024                              CS for SB 330
       
       
        
       By the Appropriations Committee on Health and Human Services;
       and Senators Boyd and Rouson
       
       
       
       
       603-03302-24                                           2024330c1
    1                        A bill to be entitled                      
    2         An act relating to behavioral health teaching
    3         hospitals; creating part VI of ch. 395, F.S., entitled
    4         “Behavioral Health Teaching Hospitals”; creating s.
    5         395.901, F.S.; defining the terms “agency” and
    6         “behavioral health teaching hospital”; providing
    7         legislative findings and intent; creating s. 395.902,
    8         F.S.; specifying criteria that a hospital must meet to
    9         receive designation as a behavioral health teaching
   10         hospital; notwithstanding such criteria, designating
   11         specified existing partnerships as pilot behavioral
   12         health teaching hospitals for a 3-year period;
   13         requiring such hospitals to meet the designation
   14         criteria by a specified date; requiring the Department
   15         of Children and Families, in collaboration with the
   16         Florida Center for Behavioral Health Workforce, the
   17         pilot hospitals, and other relevant stakeholders, to
   18         submit a report to the Governor and the Legislature by
   19         a specified date; specifying requirements for the
   20         report; amending s. 409.91256, F.S.; revising the
   21         purpose and intent of the Training, Education, and
   22         Clinicals in Health (TEACH) Funding Program; revising
   23         the definition of the term “qualifying facility”;
   24         amending s. 1004.44, F.S.; establishing the Florida
   25         Center for Behavioral Health Workforce within the
   26         Louis de la Parte Florida Mental Health Institute for
   27         a specified purpose; specifying the primary goals of
   28         the center; requiring the center to establish and
   29         maintain a database on the supply and demand of
   30         behavioral health professionals in this state for a
   31         specified purpose; authorizing the center to request
   32         from, and requiring certain boards to provide, certain
   33         information regarding behavioral health professionals
   34         licensed or practicing in this state; requiring the
   35         center to submit an annual report of certain
   36         information to the Governor and the Legislature;
   37         requiring the Board of Governors and the State Board
   38         of Education, in consultation with the center, to
   39         adopt certain regulations and rules, as applicable;
   40         requiring the Department of Children and Families to
   41         contract for a study of the bed capacity in the
   42         state’s forensic, voluntary and involuntary civil
   43         commitment, and statewide inpatient psychiatric
   44         programs; requiring that the study be completed by a
   45         specified date and include specified information;
   46         providing appropriations; providing effective dates.
   47          
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Part VI of chapter 395, Florida Statutes,
   51  consisting of ss. 395.901 and 395.902, Florida Statutes, is
   52  created and entitled Behavioral Health Teaching Hospitals.
   53         Section 2. Section 395.901, Florida Statutes, is created to
   54  read:
   55         395.901 Behavioral health teaching hospitals.—
   56         (1)DEFINITIONS.—As used in this part, the term:
   57         (a)“Agency” means the Agency for Health Care
   58  Administration.
   59         (b)“Behavioral health teaching hospital” means a
   60  community-based hospital licensed under this chapter which has
   61  partnered with a university school of medicine and offers
   62  integrated behavioral health education as specified in s.
   63  395.902.
   64         (2)LEGISLATIVE FINDINGS AND INTENT.—
   65         (a)The Legislature finds that there is a critical shortage
   66  of behavioral health professionals and recognizes the urgent
   67  need to expand the existing behavioral health workforce, prepare
   68  for an aging workforce, incentivize entry into behavioral health
   69  professions, and train a modernized workforce in innovative
   70  integrated care.
   71         (b)The Legislature finds there is a specific need to
   72  support a behavioral health education system that not only
   73  trains the next generation of professionals in innovative and
   74  integrated care for those with behavioral health needs, but also
   75  works to modernize the state’s overall behavioral health system
   76  of care.
   77         (c)Therefore, the Legislature intends to identify and
   78  designate multiple behavioral health teaching hospitals that
   79  work to provide the necessary research, education, and services
   80  to not only enhance this state’s behavioral health workforce,
   81  but to make that workforce and system of care the national
   82  standard. The Legislature intends to establish pilot designated
   83  behavioral health teaching hospitals with the intent of
   84  developing and implementing a statewide model.
   85         (d)The Legislature further intends to create the Florida
   86  Center for Behavioral Health Workforce within the Louis de la
   87  Parte Florida Mental Health Institute to address issues of
   88  workforce supply and demand in behavioral health professions,
   89  including issues of recruitment, retention, and workforce
   90  resources.
   91         (e)The Legislature intends for designated behavioral
   92  health teaching hospitals to:
   93         1.Focus on state-of-the-art behavioral health research.
   94         2.Provide leading-edge education and training for this
   95  state’s behavioral health workforce in innovative and integrated
   96  care.
   97         3.Collaborate with other university colleges and schools
   98  of nursing, psychology, social work, pharmacy, public health,
   99  and other relevant disciplines to promote and enhance a
  100  modernized behavioral health system of care.
  101         4.Develop, implement, and promote public-private
  102  partnerships throughout this state to support and enhance the
  103  intent of this part.
  104         5.Partner with the state to provide inpatient and
  105  outpatient behavioral health care, address systemwide behavioral
  106  health needs, and support the state in providing treatment and
  107  care for those whose need and acuity has resulted in the need
  108  for long-term voluntary or involuntary civil commitment.
  109         Section 3. Section 395.902, Florida Statutes, is created to
  110  read:
  111         395.902Designated behavioral health teaching hospitals.—
  112         (1)To be designated as a behavioral health teaching
  113  hospital, a hospital must meet all of the following criteria:
  114         (a)Offer a psychiatric residency program accredited
  115  through the Residency Review Committee of the Accreditation
  116  Council of Graduate Medical Education.
  117         (b)Offer an accredited postdoctoral clinical psychology
  118  fellowship program.
  119         (c)Develop and maintain a consultation agreement with the
  120  Louis de la Parte Florida Mental Health Institute as established
  121  in s. 1004.44, including with the Florida Center for Behavioral
  122  Health Workforce.
  123         (d)As part of its partnership with a university school of
  124  medicine, develop and submit a plan to the Department of
  125  Children and Families and the Florida Center for Behavioral
  126  Health Workforce which meets all of the following criteria:
  127         1.Promotes the development of integrated behavioral health
  128  workforce educational programs, including, but not limited to,
  129  practicums and internships for clinical and nonclinical
  130  behavioral and physical health professions.
  131         2.Promotes a coordinated system of care which offers
  132  inpatient and outpatient treatment and services for individuals
  133  with behavioral health needs, including, but not limited to,
  134  prevention, community inpatient care, crisis stabilization,
  135  short-term residential treatment, screening, therapeutic and
  136  supportive services, and long-term care.
  137         3.Coordinates and promotes innovative partnerships that
  138  integrate colleges and schools of nursing, psychology, social
  139  work, pharmacy, public health, and other relevant disciplines
  140  with existing local and regional programs, clinics, and
  141  resources.
  142         4.Develops processes to identify local gaps in access to
  143  inpatient care.
  144         5.Partners with the Department of Children and Families
  145  and managing entities to build capacity in safety net inpatient
  146  and outpatient behavioral health services.
  147         6.Provides bed capacity to support state hospital needs,
  148  when needed.
  149         (2)Notwithstanding subsection (1), to accomplish the
  150  stated intent of this section to develop and implement a
  151  statewide model of a behavioral health teaching hospital, the
  152  following partnerships are designated as pilot behavioral health
  153  teaching hospitals for a period of 3 years without meeting the
  154  required criteria of this section, with the expectation that
  155  they meet all criteria and requirements of subsection (1) by
  156  July 1, 2027:
  157         (a)The University of South Florida Morsani College of
  158  Medicine and Tampa General Hospital.
  159         (b)The University of Florida School of Medicine and UF
  160  Health Shands Hospitals in Gainesville and Jacksonville.
  161         (c)The University of Miami Miller School of Medicine and
  162  Jackson Memorial Hospital.
  163         (3)(a)A designated behavioral health teaching hospital
  164  must annually report to the Department of Children and Families
  165  by December 1, the current status of the designated behavioral
  166  health teaching hospital program, including, but not limited to
  167  the:
  168         1.Number of psychiatric residents.
  169         2.Number of postdoctoral clinical psychology fellows.
  170         3.Status and details of the consultation agreement with
  171  the Louis de la Parte Florida Mental Health Institute and
  172  Florida Center for Behavioral Health Workforce.
  173         4.Status and implementation details of the plan required
  174  under paragraph (1)(d).
  175         (b)Upon completion of the 3-year pilot period on July 1,
  176  2027, the Department of Children and Families, in collaboration
  177  with the Florida Center for Behavioral Health Workforce, the
  178  pilot behavioral health teaching hospitals, and other relevant
  179  stakeholders must submit a report to the Governor, the President
  180  of the Senate, and the Speaker of the House of Representatives
  181  by July 1, 2028. This report must, at a minimum:
  182         1.Evaluate the effectiveness of the behavioral health
  183  teaching hospital model.
  184         2.Discuss barriers to the implementation and operation of
  185  the model.
  186         3.Recommend policy changes to enhance the model to better
  187  meet the intent of the Legislature.
  188         4.Evaluate and recommend whether the state should maintain
  189  the original designated pilot behavioral teaching hospital
  190  locations or detail the necessity for and recommend the
  191  expansion of the model to new partnership sites.
  192         Section 4. Subsection (1) and paragraph (d) of subsection
  193  (2) of section 409.91256, Florida Statutes, as created by SB
  194  7016, Regular Session 2024, are amended to read:
  195         409.91256 Training, Education, and Clinicals in Health
  196  (TEACH) Funding Program.—
  197         (1) PURPOSE AND INTENT.—The Training, Education, and
  198  Clinicals in Health (TEACH) Funding Program is created to
  199  provide a high-quality educational experience while supporting
  200  participating federally qualified health centers, community
  201  mental health centers, rural health clinics, behavioral health
  202  teaching hospitals, and certified community behavioral health
  203  clinics by offsetting administrative costs and loss of revenue
  204  associated with training residents and students to become
  205  licensed health care practitioners. Further, it is the intent of
  206  the Legislature to use the program to support the state Medicaid
  207  program and underserved populations by expanding the available
  208  health care workforce.
  209         (2) DEFINITIONS.—As used in this section, the term:
  210         (d) “Qualified facility” means a federally qualified health
  211  center, a community mental health center, rural health clinic,
  212  behavioral health teaching hospital, or a certified community
  213  behavioral health clinic.
  214         Section 5. Subsections (6), (7), and (8) are added to
  215  section 1004.44, Florida Statutes, to read:
  216         1004.44 Louis de la Parte Florida Mental Health Institute.
  217  There is established the Louis de la Parte Florida Mental Health
  218  Institute within the University of South Florida.
  219         (6)(a)There is established, within the institute, the
  220  Florida Center for Behavioral Health Workforce to address issues
  221  of workforce supply and demand in behavioral health professions,
  222  including issues of recruitment, retention, and workforce
  223  resources.
  224         (b)The primary goals for the center are to:
  225         1.Design and implement a longitudinal study of the state’s
  226  behavioral health workforce that, at a minimum:
  227         a.Produces a statistically valid biennial data-driven
  228  analysis of the supply and demand of the behavioral health
  229  workforce. To achieve such goal, the center must:
  230         (I)Identify and define specific professions to be
  231  considered behavioral health professions for analysis.
  232         (II)Establish and maintain a database on the supply and
  233  demand of behavioral health professionals in this state, to
  234  include current supply and demand.
  235         (III) Analyze the current and future supply and demand in
  236  this state.
  237         b. Develops recommendations and strategies to increase the
  238  state’s behavioral health workforce, behavioral health
  239  profession training and education programs, and behavioral
  240  health profession faculty development.
  241         c. Develops best practices in the academic preparation and
  242  continuing education needs of behavioral health professionals.
  243         d. Collects data on behavioral health professions,
  244  employment, distribution, and retention.
  245         2.Develop a strategic statewide plan for the state’s
  246  behavioral health workforce that:
  247         a. Pilots innovative projects to support the recruitment,
  248  development, and retention of qualified behavioral health
  249  professionals, to include behavioral health educators, faculty,
  250  and clinical preceptors.
  251         b. Encourages and coordinates the development of academic
  252  practice partnerships that support behavioral health faculty
  253  employment and advancement.
  254         c. Develops distance learning infrastructure for behavioral
  255  health education and the evidence-based use of technology,
  256  simulation, and distance learning techniques.
  257         d. Enhances and promotes behavioral health professions and
  258  professionals in this state by developing and promoting:
  259         (I)Behavioral health excellence programs.
  260         (II)Reward, recognition, and renewal activities.
  261         (III)Media and image-building efforts.
  262         3.Convene various groups representative of behavioral
  263  health professions, other health care providers, business and
  264  industry, consumers, lawmakers, educators, and the Commission on
  265  Mental Health and Substance Use Disorder to:
  266         a. Review and comment on the center’s behavioral health
  267  workforce data analysis.
  268         b. Provide an overview of the state’s behavioral health
  269  infrastructure and perform a gap analysis to recommend systemic
  270  changes, including strategies for implementation of recommended
  271  changes.
  272         c.Develop a strategic plan to implement the
  273  recommendations of the Commission on Mental Health and Substance
  274  Use Disorder to:
  275         (I)Strengthen community networks and cross-agency
  276  collaboration.
  277         (II)Enhance the state’s crisis care continuum.
  278         (III)Improve data collection and management processes.
  279         (IV)Optimize financial management of the behavioral health
  280  system of care.
  281         d.Evaluate how to best promote, integrate, and incentivize
  282  the establishment and growth of the behavioral health teaching
  283  hospital model.
  284         4. Evaluate and report the results of these efforts to the
  285  Legislature and other entities.
  286         (c) The center may request from any board as defined in s.
  287  456.001, and the board must provide to the center upon its
  288  request, any information held by the board regarding a
  289  behavioral health professional licensed in this state or holding
  290  a multistate license pursuant to a professional multistate
  291  licensure compact or information reported to the board by
  292  employers of such behavioral health professionals, other than
  293  personal identifying information.
  294         (d) By January 10 of each year, the center shall submit a
  295  report to the Governor, the President of the Senate, and the
  296  Speaker of the House of Representatives providing details of its
  297  activities during the preceding calendar year in pursuit of its
  298  goals and in the execution of its duties under paragraph (b).
  299         (7) The Board of Governors and the State Board of
  300  Education, in consultation with the center, shall expeditiously
  301  adopt any necessary regulations and rules, as applicable, to
  302  allow the center to perform its responsibilities as soon as
  303  practicable.
  304         Section 6. Effective upon this act becoming a law, the
  305  Department of Children and Families must contract for a detailed
  306  study of bed capacity in this state’s forensic, voluntary and
  307  involuntary civil commitment, and statewide inpatient
  308  psychiatric programs. The study must be completed by January 31,
  309  2025, and must, at a minimum, include all of the following:
  310         (1)An analysis of bed capacity in forensic, voluntary and
  311  involuntary civil commitment, and statewide inpatient
  312  psychiatric programs.
  313         (2)Policy recommendations for ensuring sufficient bed
  314  capacity in these settings.
  315         (3)An evaluation of maintaining civil commitment beds as a
  316  requirement for designation as a behavioral health teaching
  317  hospital, to include potential costs related to capital outlay,
  318  enhanced bed rate, and staffing requirements.
  319         (4)Recommendations for promoting coordination between this
  320  state’s civil commitment system and behavioral health teaching
  321  hospitals.
  322         (5)Recommendations to build capacity for safety net
  323  inpatient and outpatient services that will mitigate involuntary
  324  commitments.
  325         Section 7. For the 2024-2025 fiscal year, the sum of $1
  326  million in nonrecurring funds from the General Revenue Fund is
  327  appropriated to the Department of Children and Families to
  328  contract for a detailed study of bed capacity of this state’s
  329  forensic, voluntary and involuntary civil commitment, and state
  330  inpatient psychiatric programs as required pursuant to section 6
  331  of this act. In order to solicit the expertise of and leverage
  332  the partnerships developed between state universities and
  333  behavioral health teaching hospitals, the study must include an
  334  evaluation of the feasibility of increasing bed capacity for
  335  civil commitments within nonstate entities.
  336         Section 8. For the 2024-2025 fiscal year, the sum of $5
  337  million in recurring funds from the General Revenue Fund is
  338  appropriated to the Louis de la Parte Florida Mental Health
  339  Institute for the operation of the Florida Center for Behavioral
  340  Health Workforce as created by this act.
  341         Section 9. For the 2024-2025 fiscal year, the sums of
  342  $2,557,800 in recurring funds from the General Revenue Fund and
  343  $3,442,200 in recurring funds from the Medical Care Trust Fund
  344  are appropriated to the Agency for Health Care Administration
  345  for the Slots for Doctors Program established in s. 409.909,
  346  Florida Statutes. Each hospital is eligible to receive funding
  347  for up to 10 newly created resident positions within each of the
  348  pilot behavioral health teaching hospitals designated under part
  349  VI of chapter 395, Florida Statutes, as created by this act.
  350  Notwithstanding s. 409.909, Florida Statutes, the agency shall
  351  allocate $150,000 for each newly created position.
  352         Section 10. For the 2024-2025 fiscal year, the sum of $100
  353  million in nonrecurring funds from the General Revenue Fund is
  354  appropriated to the Grants and Donations Trust Fund in the
  355  Designated Behavioral Health Teaching Hospitals Category for the
  356  Department of Children and Families to develop and implement the
  357  behavioral health teaching hospital model as created by this
  358  act. The funds shall be provided to the pilot behavioral health
  359  teaching hospitals designated under part VI of chapter 395,
  360  Florida Statutes, as created by this act, to help meet the
  361  criteria and requirements necessary for designation and may be
  362  used for fixed capital outlay, such as facility upgrades, or
  363  operations and expenses. The funds shall be placed in reserve.
  364  The department is authorized pursuant to chapter 216, Florida
  365  Statutes, to submit budget amendments requesting the release of
  366  the funds. The release of the funds is contingent upon the
  367  submission of an equitable allocation and detailed spending
  368  plan, developed in consultation with the pilot behavioral health
  369  teaching hospitals, which details the manner in which the funds
  370  requested for release will be expended.
  371         Section 11. For the 2024-2025 fiscal year, the sum of $2
  372  million in recurring funds from the General Revenue Fund is
  373  appropriated to the Agency for Health Care Administration to
  374  implement the Training, Education, and Clinicals in Health
  375  (TEACH) Funding Program established in s. 409.91256, Florida
  376  Statutes, as created by SB 7016, 2024 Regular Session.
  377  Notwithstanding s. 409.91256(5)(b), Florida Statutes, as created
  378  by SB 7016, 2024 Regular Session, the funds appropriated
  379  pursuant to this section shall be equitably distributed to the
  380  pilot behavioral health teaching hospitals designated under part
  381  VI of chapter 395, Florida Statutes, as created by this act.
  382         Section 12. Except as otherwise expressly provided in this
  383  act and except for this section, which shall take effect upon
  384  this act becoming a law, this act shall take effect July 1,
  385  2024.