Bill Text: FL S0358 | 2017 | Regular Session | Introduced
Bill Title: Mental Health and Substance Abuse
Spectrum: Bipartisan Bill
Status: (Failed) 2017-05-05 - Died in Messages, companion bill(s) passed, see SB 2514 (Ch. 2017-129) [S0358 Detail]
Download: Florida-2017-S0358-Introduced.html
Florida Senate - 2017 SB 358 By Senator Garcia 36-00566-17 2017358__ 1 A bill to be entitled 2 An act relating to mental health and substance abuse; 3 amending s. 394.461, F.S.; authorizing the Department 4 of Children and Families to approve receiving systems 5 for behavioral health care; making technical changes; 6 requiring the department to approve specified 7 facilities as receiving systems under certain 8 circumstances; authorizing the department to adopt 9 rules for the approval and the suspension or 10 withdrawal of approval of receiving systems; amending 11 s. 394.879, F.S.; deleting an obsolete provision 12 requiring a report by the department and the Agency 13 for Health Care Administration; amending s. 394.9082, 14 F.S.; revising the reporting requirements of the acute 15 care services utilization database; requiring the 16 department to post certain data on its website; 17 amending s. 397.6955, F.S.; specifying that certain 18 court hearings must be scheduled within 5 court 19 working days unless a continuance is granted; 20 providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 394.461, Florida Statutes, is amended to 25 read: 26 394.461 Designation of receiving and treatment facilities; 27andapproval of receiving systems.—The department is authorized 28 to designate and monitor receiving facilities,and treatment 29 facilities, and receiving systemsandmaysuspend or withdraw 30 such designation for a facility’s failure to comply with this 31 part and rules adopted under this part. The department is 32 authorized to approve receiving systems developed pursuant to s. 33 394.4573. Unless designated by the department, facilities may 34 notare not permitted tohold or treat involuntary patients 35 under this part. 36 (1) RECEIVING FACILITY.—The department may designate any 37 community facility as a receiving facility. Any other facility 38 within the state, including a private facility or a federal 39 facility, may be so designated by the department, provided that 40 such designation is agreed to by the governing body or authority 41 of the facility. 42 (2) TREATMENT FACILITY.—The department may designate any 43 state-owned, state-operated, or state-supported facility as a 44 state treatment facility. A civil patient mayshallnot be 45 admitted to a state treatment facility without previously 46 undergoing a transfer evaluation. Before a court hearing for 47 involuntary placement in a state treatment facility, the court 48 shall receive and consider the information documented in the 49 transfer evaluation. Any other facility, including a private 50 facility or a federal facility, may be designated as a treatment 51 facility by the department, provided that such designation is 52 agreed to by the appropriate governing body or authority of the 53 facility. 54 (3) PRIVATE FACILITIES.—Private facilities designated as 55 receiving and treatment facilities by the department may provide 56 examination and treatment of involuntary patients, as well as 57 voluntary patients, and are subject to all the provisions of 58 this part. 59 (4) REPORTING REQUIREMENTS.— 60 (a) A facility designated as a public receiving or 61 treatment facility under this section shall report to the 62 department on an annual basis the following data, unless these 63 data are currently being submitted to the Agency for Health Care 64 Administration: 65 1. Number of licensed beds. 66 2. Number of contract days. 67 3. Number of admissions by payor class and diagnoses. 68 4. Number of bed days by payor class. 69 5. Average length of stay by payor class. 70 6. Total revenues by payor class. 71 (b) For the purposes of this subsection, “payor class” 72 means Medicare, Medicare HMO, Medicaid, Medicaid HMO, private 73 pay health insurance, private-pay health maintenance 74 organization, private preferred provider organization, the 75 Department of Children and Families, other government programs, 76 self-pay patients, and charity care. 77 (c) The data required under this subsection shall be 78 submitted to the department no later than 90 days following the 79 end of the facility’s fiscal year. A facility designated as a 80 public receiving or treatment facility shall submit its initial 81 report for the 6-month period following such designationending82June 30, 2008. 83 (d) The department shall issue an annual report based on 84 the data required pursuant to this subsection. The report must 85shallinclude individual facilities’ data, as well as statewide 86 totals. The report shall be submitted to the Governor, the 87 President of the Senate, and the Speaker of the House of 88 Representatives. 89 (5) RECEIVING SYSTEM.—The department shall approve 90designateas a receiving system one or more facilities serving a 91 defined geographic area developed pursuant to s. 394.4573 which 92 is responsible for assessment and evaluation, both voluntary and 93 involuntary, and treatment, stabilization, or triage for 94 patients who have a mental illness, a substance use disorder, or 95 co-occurring disorders. Any transportation plans developed 96 pursuant to s. 394.462 must support the operation of the 97 receiving system. 98 (6) RULES.—The department may adopt rules relating to: 99 (a) Procedures and criteria for receiving and evaluating 100 facility applications for designation, which may include onsite 101 facility inspection and evaluation of an applicant’s licensing 102 status and performance history, as well as consideration of 103 local service needs. 104 (b) Minimum standards consistent with this part that a 105 facility must meet and maintain in order to be designated as a 106 receiving or treatment facility and procedures for monitoring 107 continued adherence to such standards. 108 (c) Procedures and criteria for designating and approving 109 receiving systems which may include consideration of the 110 adequacy of services provided by facilities within the receiving 111 system to meet the needs of the geographic area using available 112 resources. 113 (d) Procedures for receiving complaints against a 114 designated facility or designated receiving system and for 115 initiating inspections and investigations of facilities or 116 receiving systems alleged to have violatedthe provisions of117 this part or rules adopted under this part. 118 (e) Procedures and criteria for the suspension or 119 withdrawal of designation as a receiving or treatment facility 120 and for the suspension or withdrawal of approval of aor121 receiving system. 122 Section 2. Subsection (6) of section 394.879, Florida 123 Statutes, is amended to read: 124 394.879 Rules; enforcement.— 125 (6) The department and the Agency for Health Care 126 Administration shall develop a plan to provide options for a 127 single, consolidated license for a provider that offers multiple 128 types of either mental health services or substance abuse 129 services, or both, regulated under this chapter and chapter 397, 130 respectively. In the plan, the department and the agency shall 131 identify the statutory revisions necessary to accomplish the 132 consolidation. To the extent possible, the department and the 133 agency shall accomplish such consolidation administratively and 134 by rule.The department and the agency shall submit the plan to135the Governor, the President of the Senate, and the Speaker of136the House of Representatives by November 1, 2016.137 Section 3. Paragraph (a) of subsection (10) of section 138 394.9082, Florida Statutes, is republished, paragraph (b) of 139 that subsection is amended, and paragraph (f) is added to that 140 subsection, to read: 141 394.9082 Behavioral health managing entities.— 142 (10) ACUTE CARE SERVICES UTILIZATION DATABASE.—The 143 department shall develop, implement, and maintain standards 144 under which a managing entity shall collect utilization data 145 from all public receiving facilities situated within its 146 geographical service area and all detoxification and addictions 147 receiving facilities under contract with the managing entity. As 148 used in this subsection, the term “public receiving facility” 149 means an entity that meets the licensure requirements of, and is 150 designated by, the department to operate as a public receiving 151 facility under s. 394.875 and that is operating as a licensed 152 crisis stabilization unit. 153 (a) The department shall develop standards and protocols to 154 be used for data collection, storage, transmittal, and analysis. 155 The standards and protocols shall allow for compatibility of 156 data and data transmittal between public receiving facilities, 157 detoxification facilities, addictions receiving facilities, 158 managing entities, and the department for the implementation, 159 and to meet the requirements, of this subsection. 160 (b) A managing entity shall require providers specified in 161 paragraph (a) to submit data, in real time or at least daily, to 162 the managing entity for: 163 1. All admissions and discharges of clients receiving 164 public receiving facility services who qualify as indigent, as 165 defined in s. 394.4787. 166 2. All admissions and discharges of clients receiving 167 substance abuse services in an addictions receiving facility or 168 detoxification facility pursuant to parts IV and V of chapter 169 397 who qualify as indigent. 170 3. The current active census of total licensedand utilized171 beds, the number of beds purchased by the department, the number 172 of clients qualifying as indigent occupyingwho occupy any of173 those beds, and the total number of unoccupied licensed beds, 174 regardless of funding, and the number in excess of licensed175capacity. Crisis units licensed for both adult and child use176will report as a single unit. 177 (f) The department shall post on its website, by facility, 178 the data collected pursuant to this subsection and update such 179 posting monthly. 180 Section 4. Subsection (2) of section 397.6955, Florida 181 Statutes, is amended to read: 182 397.6955 Duties of court upon filing of petition for 183 involuntary services.— 184 (2) The court shall schedule a hearing to be held on the 185 petition within 5 court working days unless a continuance is 186 granted. The court may appoint a magistrate to preside at the 187 hearing. 188 Section 5. This act shall take effect July 1, 2017.