Bill Text: FL S0900 | 2019 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Substance Abuse Services
Spectrum:
Status: (Introduced - Dead) 2019-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 369 (Ch. 2019-159) [S0900 Detail]
Download: Florida-2019-S0900-Introduced.html
Bill Title: Substance Abuse Services
Spectrum:
Status: (Introduced - Dead) 2019-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 369 (Ch. 2019-159) [S0900 Detail]
Download: Florida-2019-S0900-Introduced.html
Florida Senate - 2019 SB 900 By Senator Harrell 25-00638C-19 2019900__ 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 authorizing an individual to seek certification as a 34 peer specialist if he or she meets certain 35 requirements; requiring the department to approve one 36 or more third-party credentialing entities for 37 specified purposes; requiring the credentialing entity 38 to demonstrate compliance with certain standards in 39 order to be approved by the department; requiring an 40 individual providing department-funded recovery 41 support services as a peer specialist to be certified; 42 authorizing an individual who is not certified to 43 provide recovery support services as a peer specialist 44 under certain circumstances; prohibiting an individual 45 who is not a certified peer specialist from 46 advertising or providing recovery services unless the 47 person is exempt; providing criminal penalties; 48 amending s. 397.487, F.S.; revising legislative 49 findings relating to voluntary certification of 50 recovery residences; revising background screening 51 requirements for owners, directors, and chief 52 financial officers of recovery residences; authorizing 53 a certified recovery residence to immediately 54 discharge or transfer residents under certain 55 circumstances; amending s. 397.4873, F.S.; expanding 56 the exceptions to limitations on referrals by recovery 57 residences to licensed service providers; amending s. 58 397.55, F.S.; revising the requirements for a service 59 provider, operator of a recovery residence, or certain 60 third parties to enter into certain contracts with 61 marketing providers; amending s. 435.07, F.S.; 62 authorizing the exemption of certain persons from 63 disqualification from employment; amending s. 553.80, 64 F.S.; requiring that a single-family or two-family 65 dwelling used as a recovery residence be deemed a 66 single-family or two-family dwelling for purposes of 67 the Florida Building Code; amending s. 633.206, F.S.; 68 requiring the Department of Financial Services to 69 establish uniform firesafety standards for recovery 70 residences; exempting a single-family or two-family 71 dwelling used as a recovery residence from the uniform 72 firesafety standards; requiring that such dwellings be 73 deemed a single-family or two-family dwelling for the 74 purposes of the Life Safety Code and Florida Fire 75 Prevention Code; amending ss. 212.055, 397.416, and 76 440.102, F.S.; conforming cross-references; providing 77 an effective date. 78 79 Be It Enacted by the Legislature of the State of Florida: 80 81 Section 1. Subsection (2) of section 394.4572, Florida 82 Statutes, is amended to read: 83 394.4572 Screening of mental health personnel.— 84 (2)(a) The department or the Agency for Health Care 85 Administration may grant exemptions from disqualification as 86 provided in chapter 435. 87 (b) The department or the Agency for Health Care 88 Administration, as applicable, may grant exemptions from 89 disqualification for service provider personnel to work solely 90 in mental health treatment programs or facilities, or in 91 programs or facilities that treat co-occurring substance use and 92 mental health disorders. 93 Section 2. Present subsections (30) through (49) of section 94 397.311, Florida Statutes, are redesignated as subsections (31) 95 through (50), respectively, subsection (8) and present 96 subsection (37) of that section are amended, and subsection (30) 97 is added to that section, to read: 98 397.311 Definitions.—As used in this chapter, except part 99 VIII, the term: 100 (8)“Clinical supervisor,” “clinical services supervisor,” 101 or “clinical director” means a person who meets the requirements 102 of a qualified professional and who manages personnel who 103 provide direct clinical services, or who maintains lead 104 responsibility for the overall coordination and provision of 105 clinical servicestreatment. 106 (30) “Peer specialist” means a person who has been in 107 recovery from a substance use disorder or mental illness for at 108 least 2 years and who uses his or her personal experience to 109 provide services in behavioral health settings, supporting 110 others in their recovery; or a person who has at least 2 years 111 of experience as a family member or caregiver of an individual 112 who has a substance use disorder or mental illness. The term 113 does not include a qualified professional or a person otherwise 114 certified under chapter 394 or chapter 397. 115 (38)(37)“Recovery residence” means a residential dwelling 116 unit, or other form of group housing, including group housing 117 that is part of any licensable community housing component 118 established by rule or statute, whichthatis offered or 119 advertised through any means, including oral, written, 120 electronic, or printed means, by any person or entity as a 121 residence that provides a peer-supported, alcohol-free, and 122 drug-free living environment. 123 Section 3. Subsection (15) of section 397.321, Florida 124 Statutes, is amended to read: 125 397.321 Duties of the department.—The department shall: 126 (15) Recognize a statewide certification process for 127 addiction professionals and identify and endorse one or more 128 agencies responsible for such certification of service provider 129 personnel. Any decision by a department-recognized certifying 130 entity to deny, revoke, or suspend a certification, or otherwise 131 impose sanctions on an individual who is certified, is 132 reviewable by the department. Upon receiving an adverse 133 determination, the person aggrieved may request an 134 administrative hearing conducted pursuant to ss. 120.569 and 135 120.57(1) within 30 days after completing any appeals process 136 offered by the credentialing entity or the department, as 137 applicable. 138 Section 4. Paragraphs (a), (f), and (g) of subsection (1), 139 and subsection (4) of section 397.4073, Florida Statutes, are 140 amended to read: 141 397.4073 Background checks of service provider personnel.— 142 (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND 143 EXCEPTIONS.— 144 (a) For all individuals screened on or after July 1, 2019, 145 background checks shall apply as follows: 146 1. All owners, directors, chief financial officers, and 147 clinical supervisors of service providers are subject to level 2 148 background screening as provided under chapter 435 and s. 149 408.809. Inmate substance abuse programs operated directly or 150 under contract with the Department of Corrections are exempt 151 from this requirement. 152 2. All service provider personnel who have direct contact 153 with children receiving services or with adults who are 154 developmentally disabled receiving services are subject to level 155 2 background screening as provided under chapter 435 and s. 156 408.809. 157 3. All peer specialists who have direct contact with 158 individuals receiving services are subject to level 2 background 159 screening as provided under chapter 435 and s. 408.809. 160 (f) Service provider personnel who request an exemption 161 from disqualification must submit the request within 30 days 162 after being notified of the disqualification. The department 163 shall grant or deny the request within 60 days after receipt of 164 a complete application. 165 (g) If 5 years or more have elapsed since an applicant for 166 an exemption from disqualification has completed or has been 167 lawfully released from confinement, supervision, or a 168 nonmonetary condition imposed by a court for the applicant’s 169 most recent disqualifying offense, the applicant may work with 170 adults with substance use disorders or co-occurring disorders 171 under the supervision of persons who meet all personnel 172 requirements of this chapter for up to 90 days after being 173 notified of his or her disqualification or until the department 174 makes a final determination regarding his or her request for an 175 exemption from disqualification, whichever is earlierthe most176recent disqualifying offense, service provider personnel may177work with adults with substance use disorders under the178supervision of a qualified professional licensed under chapter179490 or chapter 491 or a master’s-level-certified addictions180professional until the agency makes a final determination181regarding the request for an exemption from disqualification. 182 (h)(g)The department may not issue a regular license to 183 any service provider that fails to provide proof that background 184 screening information has been submitted in accordance with 185 chapter 435. 186 (4) EXEMPTIONS FROM DISQUALIFICATION.— 187 (a) The department may grant to any service provider 188 personnel an exemption from disqualification as provided in s. 189 435.07. 190 (b) Since rehabilitated substance abuse impaired persons 191 are effective in the successful treatment and rehabilitation of 192 individuals with substance use disorders, for service providers 193 which treat adolescents 13 years of age and older, service 194 provider personnel whose background checks indicate crimes under 195 s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s. 196 831.01, s. 831.02, s. 893.13, or s. 893.147, and any related 197 criminal attempt, solicitation, or conspiracy under s. 777.04, 198 may be exempted from disqualification from employment pursuant 199 to this paragraph. 200 (c) The department may grant exemptions from 201 disqualification for service provider personnel to work solely 202 in substance use disorder treatment programs, facilities, or 203 recovery residences or in programs or facilities that treat co 204 occurring substance use and mental health disorders. The 205 department may further limit suchgrantexemptions from 206 disqualificationwhich would limit service provider personnelto 207 working with adults in substance abuse treatment facilities. 208 Section 5. Section 397.4075, Florida Statutes, is amended 209 to read: 210 397.4075 Unlawful activities relating to personnel; 211 penalties.—It is a felony of the thirdmisdemeanor of the first212 degree, punishable as provided in s. 775.082 or s. 775.083, for 213 any person willfully, knowingly, or intentionally to: 214 (1) Inaccurately disclose by false statement, 215 misrepresentation, impersonation, or other fraudulent means, or 216 fail to disclose, in any application for licensure or voluntary 217 or paid employment, any fact which is material in making a 218 determination as to the person’s qualifications to be an owner, 219 a director, a volunteer, or other personnel of a service 220 provider; 221 (2) Operate or attempt to operate as a service provider 222 with personnel who are in noncompliance with the minimum 223 standards contained in this chapter; or 224 (3) Use or release any criminal or juvenile information 225 obtained under this chapter for any purpose other than 226 background checks of personnel for employment. 227 Section 6. Section 397.417, Florida Statutes, is created to 228 read: 229 397.417 Peer Specialists.— 230 (1) An individual may seek certification as a peer 231 specialist if he or she has been in recovery from a substance 232 use disorder or mental illness for at least 2 years, or if he or 233 she has at least 2 years of experience as a family member or 234 caregiver of a person with a substance use disorder or mental 235 illness. 236 (2) The department shall approve one or more third-party 237 credentialing entities for the purposes of certifying peer 238 specialists, approving training programs for individuals seeking 239 certification as peer specialists, approving continuing 240 education programs, and establishing the minimum requirements 241 and standards that applicants must achieve to maintain 242 certification. To obtain approval, the third-party credentialing 243 entity must demonstrate compliance with nationally recognized 244 standards for developing and administering professional 245 certification programs to certify peer specialists. 246 (3) An individual providing department-funded recovery 247 support services as a peer specialist shall be certified 248 pursuant to subsection (2). An individual who is not certified 249 may provide recovery support services as a peer specialist for 250 up to 1 year if he or she is working toward certification and is 251 supervised by a qualified professional or by a certified peer 252 specialist who has at least 3 years of full-time experience as a 253 peer specialist at a licensed behavioral health organization. 254 (4) An individual who is not a certified peer specialist 255 may not advertise recovery services to the public in any way, or 256 by any medium; or provide recovery services as a peer 257 specialist, unless the person is exempt under subsection (3). 258 Any individual who violates this subsection commits a 259 misdemeanor of the first degree, punishable as provided in s. 260 775.082 or s. 775.083. 261 Section 7. Subsections (1) and (6) of section 397.487, 262 Florida Statutes, are amended, and subsection (11) is added to 263 that section, to read: 264 397.487 Voluntary certification of recovery residences.— 265 (1) The Legislature finds that a person suffering from 266 addiction has a higher success rate of achieving long-lasting 267 sobriety when given the opportunity to build a stronger 268 foundation by living in a recovery residence while receiving 269 treatment or after completing treatment. The Legislature further 270 finds that this state and its subdivisions have a legitimate 271 state interest in protecting these persons, who represent a 272 vulnerable consumer population in need of adequate housing. It 273 is the intent of the Legislature to protect persons who reside 274 in a recovery residence. 275 (6) All owners, directors, and chief financial officers of 276 an applicant recovery residence are subject to level 2 277 background screening as provided under chapter 435 and s. 278 408.809. A recovery residence is ineligible for certification, 279 and a credentialing entity shall deny a recovery residence’s 280 application, if any owner, director, or chief financial officer 281 has been found guilty of, or has entered a plea of guilty or 282 nolo contendere to, regardless of adjudication, any offense 283 listed in s. 435.04(2) or s. 408.809(4) unless the department 284 has issued an exemption under s. 397.4073 or s. 397.4872. In 285 accordance with s. 435.04, the department shall notify the 286 credentialing agency of an owner’s, director’s, or chief 287 financial officer’s eligibility based on the results of his or 288 her background screening. 289 (11) Notwithstanding any landlord and tenant rights and 290 obligations under chapter 83, a recovery residence that is 291 certified under this section and that has a discharge policy 292 approved by a credentialing entity may immediately discharge or 293 transfer a resident under any of the following circumstances: 294 (a) The discharge or transfer is necessary for the 295 resident’s welfare. 296 (b) The resident’s needs cannot be met at the recovery 297 residence. 298 (c) The health and safety of other residents or recovery 299 residence employees is at risk or would be at risk if the 300 resident continues to live at the recovery residence. 301 Section 8. Paragraph (d) is added to subsection (2) of 302 section 397.4873, Florida Statutes, and subsection (1) of that 303 section is republished, to read: 304 397.4873 Referrals to or from recovery residences; 305 prohibitions; penalties.— 306 (1) A service provider licensed under this part may not 307 make a referral of a prospective, current, or discharged patient 308 to, or accept a referral of such a patient from, a recovery 309 residence unless the recovery residence holds a valid 310 certificate of compliance as provided in s. 397.487 and is 311 actively managed by a certified recovery residence administrator 312 as provided in s. 397.4871. 313 (2) Subsection (1) does not apply to: 314 (d) The referral of a patient to, or acceptance of a 315 referral of such a patient from, a recovery residence that has 316 no direct or indirect financial or other referral relationship 317 with the provider and that is democratically operated by its 318 residents pursuant to a charter from an entity recognized or 319 sanctioned by Congress, and where the residence or any resident 320 of the residence does not receive a benefit, directly or 321 indirectly, for the referral. 322 Section 9. Paragraph (d) of subsection (1) of section 323 397.55, Florida Statutes, is amended to read: 324 397.55 Prohibition of deceptive marketing practices.— 325 (1) The Legislature recognizes that consumers of substance 326 abuse treatment have disabling conditions and that such 327 consumers and their families are vulnerable and at risk of being 328 easily victimized by fraudulent marketing practices that 329 adversely impact the delivery of health care. To protect the 330 health, safety, and welfare of this vulnerable population, a 331 service provider, an operator of a recovery residence, or a 332 third party who provides any form of advertising or marketing 333 services to a service provider or an operator of a recovery 334 residence may not engage in any of the following marketing 335 practices: 336 (d) Entering into a contract with a marketing provider who 337 agrees to generate referrals or leads for the placement of 338 patients with a service provider or in a recovery residence 339 through a call center or a web-based presence, unless the 340 contract requires such agreement and the marketing provider 341service provider or the operator of the recovery residence342 discloses the following to the prospective patient so that the 343 patient can make an informed health care decision: 344 1. Information about the specific licensed service 345 providers or recovery residences that are represented by the 346 marketing provider and pay a fee to the marketing provider, 347 including the identity of such service providers or recovery 348 residences; and 349 2. Clear and concise instructions that allow the 350 prospective patient to easily access lists of licensed service 351 providers and recovery residences on the department website. 352 Section 10. Subsection (2) of section 435.07, Florida 353 Statutes, is amended to read: 354 435.07 Exemptions from disqualification.—Unless otherwise 355 provided by law, the provisions of this section apply to 356 exemptions from disqualification for disqualifying offenses 357 revealed pursuant to background screenings required under this 358 chapter, regardless of whether those disqualifying offenses are 359 listed in this chapter or other laws. 360 (2) Persons employed, or applicants for employment, by 361 treatment providers who treat adolescents 13 years of age and 362 older who are disqualified from employment solely because of 363 crimes under s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 364 817.563, s. 831.01, s. 831.02, s. 893.13, or s. 893.147, or any 365 related criminal attempt, solicitation, or conspiracy under s. 366 777.04, may be exempted from disqualification from employment 367 pursuant to this chapter without application of the waiting 368 period in subparagraph (1)(a)1. 369 Section 11. Subsection (9) is added to section 553.80, 370 Florida Statutes, to read: 371 553.80 Enforcement.— 372 (9) If a single-family or two-family dwelling is used as a 373 recovery residence, as defined in s. 397.311, such dwelling 374 shall be deemed a single-family or two-family dwelling for 375 purposes of the Florida Building Code. 376 Section 12. Paragraph (b) of subsection (1) of section 377 633.206, Florida Statutes, is amended, and subsection (5) is 378 added to that section, to read: 379 633.206 Uniform firesafety standards—The Legislature hereby 380 determines that to protect the public health, safety, and 381 welfare it is necessary to provide for firesafety standards 382 governing the construction and utilization of certain buildings 383 and structures. The Legislature further determines that certain 384 buildings or structures, due to their specialized use or to the 385 special characteristics of the person utilizing or occupying 386 these buildings or structures, should be subject to firesafety 387 standards reflecting these special needs as may be appropriate. 388 (1) The department shall establish uniform firesafety 389 standards that apply to: 390 (b) All new, existing, and proposed hospitals, nursing 391 homes, assisted living facilities, adult family-care homes, 392 recovery residences, correctional facilities, public schools, 393 transient public lodging establishments, public food service 394 establishments, elevators, migrant labor camps, mobile home 395 parks, lodging parks, recreational vehicle parks, recreational 396 camps, residential and nonresidential child care facilities, 397 facilities for the developmentally disabled, motion picture and 398 television special effects productions, tunnels, and self 399 service gasoline stations, of which standards the State Fire 400 Marshal is the final administrative interpreting authority. 401 402 In the event there is a dispute between the owners of the 403 buildings specified in paragraph (b) and a local authority 404 requiring a more stringent uniform firesafety standard for 405 sprinkler systems, the State Fire Marshal shall be the final 406 administrative interpreting authority and the State Fire 407 Marshal’s interpretation regarding the uniform firesafety 408 standards shall be considered final agency action. 409 (5) If a single-family or two-family dwelling is used as a 410 recovery residence, as defined in s. 397.311, such dwelling is 411 exempt from the uniform firesafety standards for recovery 412 residences and shall be deemed a single-family or two-family 413 dwelling for the purposes of the Life Safety Code and Florida 414 Fire Prevention Code. 415 Section 13. Paragraph (e) of subsection (5) of section 416 212.055, Florida Statutes, is amended to read: 417 212.055 Discretionary sales surtaxes; legislative intent; 418 authorization and use of proceeds.—It is the legislative intent 419 that any authorization for imposition of a discretionary sales 420 surtax shall be published in the Florida Statutes as a 421 subsection of this section, irrespective of the duration of the 422 levy. Each enactment shall specify the types of counties 423 authorized to levy; the rate or rates which may be imposed; the 424 maximum length of time the surtax may be imposed, if any; the 425 procedure which must be followed to secure voter approval, if 426 required; the purpose for which the proceeds may be expended; 427 and such other requirements as the Legislature may provide. 428 Taxable transactions and administrative procedures shall be as 429 provided in s. 212.054. 430 (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in 431 s. 125.011(1) may levy the surtax authorized in this subsection 432 pursuant to an ordinance either approved by extraordinary vote 433 of the county commission or conditioned to take effect only upon 434 approval by a majority vote of the electors of the county voting 435 in a referendum. In a county as defined in s. 125.011(1), for 436 the purposes of this subsection, “county public general 437 hospital” means a general hospital as defined in s. 395.002 438 which is owned, operated, maintained, or governed by the county 439 or its agency, authority, or public health trust. 440 (e) A governing board, agency, or authority shall be 441 chartered by the county commission upon this act becoming law. 442 The governing board, agency, or authority shall adopt and 443 implement a health care plan for indigent health care services. 444 The governing board, agency, or authority shall consist of no 445 more than seven and no fewer than five members appointed by the 446 county commission. The members of the governing board, agency, 447 or authority shall be at least 18 years of age and residents of 448 the county. No member may be employed by or affiliated with a 449 health care provider or the public health trust, agency, or 450 authority responsible for the county public general hospital. 451 The following community organizations shall each appoint a 452 representative to a nominating committee: the South Florida 453 Hospital and Healthcare Association, the Miami-Dade County 454 Public Health Trust, the Dade County Medical Association, the 455 Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade 456 County. This committee shall nominate between 10 and 14 county 457 citizens for the governing board, agency, or authority. The 458 slate shall be presented to the county commission and the county 459 commission shall confirm the top five to seven nominees, 460 depending on the size of the governing board. Until such time as 461 the governing board, agency, or authority is created, the funds 462 provided for in subparagraph (d)2. shall be placed in a 463 restricted account set aside from other county funds and not 464 disbursed by the county for any other purpose. 465 1. The plan shall divide the county into a minimum of four 466 and maximum of six service areas, with no more than one 467 participant hospital per service area. The county public general 468 hospital shall be designated as the provider for one of the 469 service areas. Services shall be provided through participants’ 470 primary acute care facilities. 471 2. The plan and subsequent amendments to it shall fund a 472 defined range of health care services for both indigent persons 473 and the medically poor, including primary care, preventive care, 474 hospital emergency room care, and hospital care necessary to 475 stabilize the patient. For the purposes of this section, 476 “stabilization” means stabilization as defined in s. 397.311s.477397.311(45). Where consistent with these objectives, the plan 478 may include services rendered by physicians, clinics, community 479 hospitals, and alternative delivery sites, as well as at least 480 one regional referral hospital per service area. The plan shall 481 provide that agreements negotiated between the governing board, 482 agency, or authority and providers shall recognize hospitals 483 that render a disproportionate share of indigent care, provide 484 other incentives to promote the delivery of charity care to draw 485 down federal funds where appropriate, and require cost 486 containment, including, but not limited to, case management. 487 From the funds specified in subparagraphs (d)1. and 2. for 488 indigent health care services, service providers shall receive 489 reimbursement at a Medicaid rate to be determined by the 490 governing board, agency, or authority created pursuant to this 491 paragraph for the initial emergency room visit, and a per-member 492 per-month fee or capitation for those members enrolled in their 493 service area, as compensation for the services rendered 494 following the initial emergency visit. Except for provisions of 495 emergency services, upon determination of eligibility, 496 enrollment shall be deemed to have occurred at the time services 497 were rendered. The provisions for specific reimbursement of 498 emergency services shall be repealed on July 1, 2001, unless 499 otherwise reenacted by the Legislature. The capitation amount or 500 rate shall be determined before program implementation by an 501 independent actuarial consultant. In no event shall such 502 reimbursement rates exceed the Medicaid rate. The plan must also 503 provide that any hospitals owned and operated by government 504 entities on or after the effective date of this act must, as a 505 condition of receiving funds under this subsection, afford 506 public access equal to that provided under s. 286.011 as to any 507 meeting of the governing board, agency, or authority the subject 508 of which is budgeting resources for the retention of charity 509 care, as that term is defined in the rules of the Agency for 510 Health Care Administration. The plan shall also include 511 innovative health care programs that provide cost-effective 512 alternatives to traditional methods of service and delivery 513 funding. 514 3. The plan’s benefits shall be made available to all 515 county residents currently eligible to receive health care 516 services as indigents or medically poor as defined in paragraph 517 (4)(d). 518 4. Eligible residents who participate in the health care 519 plan shall receive coverage for a period of 12 months or the 520 period extending from the time of enrollment to the end of the 521 current fiscal year, per enrollment period, whichever is less. 522 5. At the end of each fiscal year, the governing board, 523 agency, or authority shall prepare an audit that reviews the 524 budget of the plan, delivery of services, and quality of 525 services, and makes recommendations to increase the plan’s 526 efficiency. The audit shall take into account participant 527 hospital satisfaction with the plan and assess the amount of 528 poststabilization patient transfers requested, and accepted or 529 denied, by the county public general hospital. 530 Section 14. Section 397.416, Florida Statutes, is amended 531 to read: 532 397.416 Substance abuse treatment services; qualified 533 professional.—Notwithstanding any other provision of law, a 534 person who was certified through a certification process 535 recognized by the former Department of Health and Rehabilitative 536 Services before January 1, 1995, may perform the duties of a 537 qualified professional with respect to substance abuse treatment 538 services as defined in this chapter, and need not meet the 539 certification requirements contained in s. 397.311(35)s.540397.311(34). 541 Section 15. Paragraphs (d) and (g) of subsection (1) of 542 section 440.102, Florida Statutes, are amended to read: 543 440.102 Drug-free workplace program requirements.—The 544 following provisions apply to a drug-free workplace program 545 implemented pursuant to law or to rules adopted by the Agency 546 for Health Care Administration: 547 (1) DEFINITIONS.—Except where the context otherwise 548 requires, as used in this act: 549 (d) “Drug rehabilitation program” means a service provider 550 as defined in s. 397.311 which,established pursuant to s.551397.311(43), thatprovides confidential, timely, and expert 552 identification, assessment, and resolution of employee drug 553 abuse. 554 (g) “Employee assistance program” means an established 555 program capable of providing expert assessment of employee 556 personal concerns; confidential and timely identification 557 services with regard to employee drug abuse; referrals of 558 employees for appropriate diagnosis, treatment, and assistance; 559 and followup services for employees who participate in the 560 program or require monitoring after returning to work. If, in 561 addition to the above activities, an employee assistance program 562 provides diagnostic and treatment services, these services shall 563 in all cases be provided by service providers as defined in s. 564 397.311pursuant to s. 397.311(43). 565 Section 16. This act shall take effect July 1, 2019.