Bill Text: FL S0900 | 2019 | Regular Session | Comm Sub
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-Comm_Sub.html
Florida Senate - 2019 CS for SB 900 By the Committee on Children, Families, and Elder Affairs; and Senator Harrell 586-02927-19 2019900c1 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 providing legislative intent; authorizing an 34 individual to seek certification as a peer specialist 35 if he or she meets certain requirements; requiring the 36 department to approve one or more third-party 37 credentialing entities for specified purposes; 38 requiring the credentialing entity to demonstrate 39 compliance with certain standards in order to be 40 approved by the department; requiring an individual 41 providing department-funded recovery support services 42 as a peer specialist to be certified; authorizing an 43 individual who is not certified to provide recovery 44 support services as a peer specialist under certain 45 circumstances; prohibiting an individual who is not a 46 certified peer specialist from advertising or 47 providing recovery services unless the person is 48 exempt; providing criminal penalties; authorizing the 49 department, a behavioral health managing entity, or 50 the Medicaid program to reimburse peer specialist 51 services as a recovery service; encouraging Medicaid 52 managed care plans to use peer specialists in 53 providing recovery services; amending s. 397.487, 54 F.S.; revising legislative findings relating to 55 voluntary certification of recovery residences; 56 revising background screening requirements for owners, 57 directors, and chief financial officers of recovery 58 residences; authorizing a certified recovery residence 59 to immediately discharge or transfer residents under 60 certain circumstances; specifying that a local 61 governmental entity is not prohibited from requiring 62 mandatory certification of recovery residences for 63 certain purposes; requiring the Sober Homes Task Force 64 within the Office of the State Attorney of the 65 Fifteenth Judicial Circuit to submit a report to the 66 Legislature containing certain recommendations; 67 amending s. 397.4873, F.S.; expanding the exceptions 68 to limitations on referrals by recovery residences to 69 licensed service providers; amending s. 397.55, F.S.; 70 revising the requirements for a service provider, 71 operator of a recovery residence, or certain third 72 parties to enter into certain contracts with marketing 73 providers; amending s. 435.07, F.S.; authorizing the 74 exemption of certain persons from disqualification 75 from employment; amending s. 553.80, F.S.; requiring 76 that a single-family or two-family dwelling used as a 77 recovery residence be deemed a single-family or two 78 family dwelling for purposes of the Florida Building 79 Code; amending s. 633.206, F.S.; requiring the 80 Department of Financial Services to establish uniform 81 firesafety standards for recovery residences; 82 exempting a single-family or two-family dwelling used 83 as a recovery residence from the uniform firesafety 84 standards; requiring that such dwellings be deemed a 85 single-family or two-family dwelling for the purposes 86 of the Life Safety Code and Florida Fire Prevention 87 Code; amending ss. 212.055, 397.416, and 440.102, 88 F.S.; conforming cross-references; providing an 89 effective date. 90 91 Be It Enacted by the Legislature of the State of Florida: 92 93 Section 1. Subsection (2) of section 394.4572, Florida 94 Statutes, is amended to read: 95 394.4572 Screening of mental health personnel.— 96 (2)(a) The department or the Agency for Health Care 97 Administration may grant exemptions from disqualification as 98 provided in chapter 435. 99 (b) The department or the Agency for Health Care 100 Administration, as applicable, may grant exemptions from 101 disqualification for service provider personnel to work solely 102 in mental health treatment programs or facilities, or in 103 programs or facilities that treat co-occurring substance use and 104 mental health disorders. 105 Section 2. Present subsections (30) through (49) of section 106 397.311, Florida Statutes, are redesignated as subsections (31) 107 through (50), respectively, subsection (8) and present 108 subsection (37) of that section are amended, and subsection (30) 109 is added to that section, to read: 110 397.311 Definitions.—As used in this chapter, except part 111 VIII, the term: 112 (8)“Clinical supervisor,” “clinical services supervisor,” 113 or “clinical director” means a person who meets the requirements 114 of a qualified professional and who manages personnel who 115 provide direct clinical services, or who maintains lead 116 responsibility for the overall coordination and provision of 117 clinical servicestreatment. 118 (30) “Peer specialist” means a person who has been in 119 recovery from a substance use disorder or mental illness for at 120 least 2 years and who uses his or her personal experience to 121 provide services in behavioral health settings, supporting 122 others in their recovery; or a person who has at least 2 years 123 of experience as a family member or caregiver of an individual 124 who has a substance use disorder or mental illness. The term 125 does not include a qualified professional or a person otherwise 126 certified under chapter 394 or chapter 397. 127 (38)(37)“Recovery residence” means a residential dwelling 128 unit, or other form of group housing, including group housing 129 that is part of any licensable community housing component 130 established by rule or statute, whichthatis offered or 131 advertised through any means, including oral, written, 132 electronic, or printed means, by any person or entity as a 133 residence that provides a peer-supported, alcohol-free, and 134 drug-free living environment. 135 Section 3. Subsection (15) of section 397.321, Florida 136 Statutes, is amended to read: 137 397.321 Duties of the department.—The department shall: 138 (15) Recognize a statewide certification process for 139 addiction professionals and identify and endorse one or more 140 agencies responsible for such certification of service provider 141 personnel. Any decision by a department-recognized certifying 142 entity to deny, revoke, or suspend a certification, or otherwise 143 impose sanctions on an individual who is certified, is 144 reviewable by the department. Upon receiving an adverse 145 determination, the person aggrieved may request an 146 administrative hearing conducted pursuant to ss. 120.569 and 147 120.57(1) within 30 days after completing any appeals process 148 offered by the credentialing entity or the department, as 149 applicable. 150 Section 4. Paragraphs (a), (f), and (g) of subsection (1), 151 and subsection (4) of section 397.4073, Florida Statutes, are 152 amended to read: 153 397.4073 Background checks of service provider personnel.— 154 (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND 155 EXCEPTIONS.— 156 (a) For all individuals screened on or after July 1, 2019, 157 background checks shall apply as follows: 158 1. All owners, directors, chief financial officers, and 159 clinical supervisors of service providers are subject to level 2 160 background screening as provided under chapter 435 and s. 161 408.809. Inmate substance abuse programs operated directly or 162 under contract with the Department of Corrections are exempt 163 from this requirement. 164 2. All service provider personnel who have direct contact 165 with children receiving services or with adults who are 166 developmentally disabled receiving services are subject to level 167 2 background screening as provided under chapter 435 and s. 168 408.809. 169 3. All peer specialists who have direct contact with 170 individuals receiving services are subject to level 2 background 171 screening as provided under chapter 435 and s. 408.809. 172 (f) Service provider personnel who request an exemption 173 from disqualification must submit the request within 30 days 174 after being notified of the disqualification. The department 175 shall grant or deny the request within 60 days after receipt of 176 a complete application. 177 (g) If 5 years or more have elapsed since an applicant for 178 an exemption from disqualification has completed or has been 179 lawfully released from confinement, supervision, or a 180 nonmonetary condition imposed by a court for the applicant’s 181 most recent disqualifying offense, the applicant may work with 182 adults with substance use disorders or co-occurring disorders 183 under the supervision of persons who meet all personnel 184 requirements of this chapter for up to 90 days after being 185 notified of his or her disqualification or until the department 186 makes a final determination regarding his or her request for an 187 exemption from disqualification, whichever is earlierthe most188recent disqualifying offense, service provider personnel may189work with adults with substance use disorders under the190supervision of a qualified professional licensed under chapter191490 or chapter 491 or a master’s-level-certified addictions192professional until the agency makes a final determination193regarding the request for an exemption from disqualification. 194 (h)(g)The department may not issue a regular license to 195 any service provider that fails to provide proof that background 196 screening information has been submitted in accordance with 197 chapter 435. 198 (4) EXEMPTIONS FROM DISQUALIFICATION.— 199 (a) The department may grant to any service provider 200 personnel an exemption from disqualification as provided in s. 201 435.07. 202 (b) Since rehabilitated substance abuse impaired persons 203 are effective in the successful treatment and rehabilitation of 204 individuals with substance use disorders, for service providers 205 which treat adolescents 13 years of age and older, service 206 provider personnel whose background checks indicate crimes under 207 s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s. 208 831.01, s. 831.02, s. 893.13, or s. 893.147, and any related 209 criminal attempt, solicitation, or conspiracy under s. 777.04, 210 may be exempted from disqualification from employment pursuant 211 to this paragraph. 212 (c) The department may grant exemptions from 213 disqualification for service provider personnel to work solely 214 in substance use disorder treatment programs, facilities, or 215 recovery residences or in programs or facilities that treat co 216 occurring substance use and mental health disorders. The 217 department may further limit suchgrantexemptions from 218 disqualificationwhich would limit service provider personnelto 219 working with adults in substance abuse treatment facilities. 220 Section 5. Section 397.4075, Florida Statutes, is amended 221 to read: 222 397.4075 Unlawful activities relating to personnel; 223 penalties.—It is a felony of the thirdmisdemeanor of the first224 degree, punishable as provided in s. 775.082 or s. 775.083, for 225 any person willfully, knowingly, or intentionally to: 226 (1) Inaccurately disclose by false statement, 227 misrepresentation, impersonation, or other fraudulent means, or 228 fail to disclose, in any application for licensure or voluntary 229 or paid employment, any fact which is material in making a 230 determination as to the person’s qualifications to be an owner, 231 a director, a volunteer, or other personnel of a service 232 provider; 233 (2) Operate or attempt to operate as a service provider 234 with personnel who are in noncompliance with the minimum 235 standards contained in this chapter; or 236 (3) Use or release any criminal or juvenile information 237 obtained under this chapter for any purpose other than 238 background checks of personnel for employment. 239 Section 6. Section 397.417, Florida Statutes, is created to 240 read: 241 397.417 Peer Specialists.— 242 (1) The Legislature intends to expand the use of peer 243 specialists as a cost-effective means of providing services by 244 ensuring that peer specialists meet specified qualifications, 245 meet modified background screening requirements, and are 246 adequately reimbursed for their services. 247 (2) An individual may seek certification as a peer 248 specialist if he or she has been in recovery from a substance 249 use disorder or mental illness for at least 2 years, or if he or 250 she has at least 2 years of experience as a family member or 251 caregiver of a person with a substance use disorder or mental 252 illness. 253 (3) The department shall approve one or more third-party 254 credentialing entities for the purposes of certifying peer 255 specialists, approving training programs for individuals seeking 256 certification as peer specialists, approving continuing 257 education programs, and establishing the minimum requirements 258 and standards that applicants must achieve to maintain 259 certification. To obtain approval, the third-party credentialing 260 entity must demonstrate compliance with nationally recognized 261 standards for developing and administering professional 262 certification programs to certify peer specialists. 263 (4) An individual providing department-funded recovery 264 support services as a peer specialist shall be certified 265 pursuant to subsection (3). An individual who is not certified 266 may provide recovery support services as a peer specialist for 267 up to 1 year if he or she is working toward certification and is 268 supervised by a qualified professional or by a certified peer 269 specialist who has at least 3 years of full-time experience as a 270 peer specialist at a licensed behavioral health organization. 271 (5) An individual who is not a certified peer specialist 272 may not advertise recovery services to the public in any way, or 273 by any medium; or provide recovery services as a peer 274 specialist, unless the person is exempt under subsection (4). 275 Any individual who violates this subsection commits a 276 misdemeanor of the first degree, punishable as provided in s. 277 775.082 or s. 775.083. 278 (6) Peer specialist services may be reimbursed as a 279 recovery service through the department, a behavioral health 280 managing entity, or the Medicaid program. Medicaid managed care 281 plans are encouraged to use peer specialists in providing 282 recovery services. 283 Section 7. Subsections (1) and (6) of section 397.487, 284 Florida Statutes, are amended, and subsections (11), (12), and 285 (13) are added to that section, to read: 286 397.487 Voluntary certification of recovery residences.— 287 (1) The Legislature finds that a person suffering from 288 addiction has a higher success rate of achieving long-lasting 289 sobriety when given the opportunity to build a stronger 290 foundation by living in a recovery residence while receiving 291 treatment or after completing treatment. The Legislature further 292 finds that this state and its subdivisions have a legitimate 293 state interest in protecting these persons, who represent a 294 vulnerable consumer population in need of adequate housing. It 295 is the intent of the Legislature to protect persons who reside 296 in a recovery residence. 297 (6) All owners, directors, and chief financial officers of 298 an applicant recovery residence are subject to level 2 299 background screening as provided under chapter 435 and s. 300 408.809. A recovery residence is ineligible for certification, 301 and a credentialing entity shall deny a recovery residence’s 302 application, if any owner, director, or chief financial officer 303 has been found guilty of, or has entered a plea of guilty or 304 nolo contendere to, regardless of adjudication, any offense 305 listed in s. 435.04(2) or s. 408.809(4) unless the department 306 has issued an exemption under s. 397.4073 or s. 397.4872. In 307 accordance with s. 435.04, the department shall notify the 308 credentialing agency of an owner’s, director’s, or chief 309 financial officer’s eligibility based on the results of his or 310 her background screening. 311 (11) Notwithstanding any landlord and tenant rights and 312 obligations under chapter 83, a recovery residence that is 313 certified under this section and that has a discharge policy 314 approved by a credentialing entity may immediately discharge or 315 transfer a resident under any of the following circumstances: 316 (a) The discharge or transfer is necessary for the 317 resident’s welfare. 318 (b) The resident’s needs cannot be met at the recovery 319 residence. 320 (c) The health and safety of other residents or recovery 321 residence employees is at risk or would be at risk if the 322 resident continues to live at the recovery residence. 323 (12) This section does not prohibit a local governmental 324 entity from requiring mandatory certification of recovery 325 residences as part of a reasonable accommodation process to 326 protect the health and safety of the residents. 327 (13) By January 1, 2020, the Sober Homes Task Force within 328 the Office of the State Attorney of the Fifteenth Judicial 329 Circuit shall submit a report to the President of the Senate and 330 the Speaker of the House of Representatives which contains 331 recommendations on mandatory statewide certification of recovery 332 residences. 333 Section 8. Paragraph (d) is added to subsection (2) of 334 section 397.4873, Florida Statutes, and subsection (1) of that 335 section is republished, to read: 336 397.4873 Referrals to or from recovery residences; 337 prohibitions; penalties.— 338 (1) A service provider licensed under this part may not 339 make a referral of a prospective, current, or discharged patient 340 to, or accept a referral of such a patient from, a recovery 341 residence unless the recovery residence holds a valid 342 certificate of compliance as provided in s. 397.487 and is 343 actively managed by a certified recovery residence administrator 344 as provided in s. 397.4871. 345 (2) Subsection (1) does not apply to: 346 (d) The referral of a patient to, or acceptance of a 347 referral of such a patient from, a recovery residence that has 348 no direct or indirect financial or other referral relationship 349 with the provider and that is democratically operated by its 350 residents pursuant to a charter from an entity recognized or 351 sanctioned by Congress, and where the residence or any resident 352 of the residence does not receive a benefit, directly or 353 indirectly, for the referral. 354 Section 9. Paragraph (d) of subsection (1) of section 355 397.55, Florida Statutes, is amended to read: 356 397.55 Prohibition of deceptive marketing practices.— 357 (1) The Legislature recognizes that consumers of substance 358 abuse treatment have disabling conditions and that such 359 consumers and their families are vulnerable and at risk of being 360 easily victimized by fraudulent marketing practices that 361 adversely impact the delivery of health care. To protect the 362 health, safety, and welfare of this vulnerable population, a 363 service provider, an operator of a recovery residence, or a 364 third party who provides any form of advertising or marketing 365 services to a service provider or an operator of a recovery 366 residence may not engage in any of the following marketing 367 practices: 368 (d) Entering into a contract with a marketing provider who 369 agrees to generate referrals or leads for the placement of 370 patients with a service provider or in a recovery residence 371 through a call center or a web-based presence, unless the 372 contract requires such agreement and the marketing provider 373service provider or the operator of the recovery residence374 discloses the following to the prospective patient so that the 375 patient can make an informed health care decision: 376 1. Information about the specific licensed service 377 providers or recovery residences that are represented by the 378 marketing provider and pay a fee to the marketing provider, 379 including the identity of such service providers or recovery 380 residences; and 381 2. Clear and concise instructions that allow the 382 prospective patient to easily access lists of licensed service 383 providers and recovery residences on the department website. 384 Section 10. Subsection (2) of section 435.07, Florida 385 Statutes, is amended to read: 386 435.07 Exemptions from disqualification.—Unless otherwise 387 provided by law, the provisions of this section apply to 388 exemptions from disqualification for disqualifying offenses 389 revealed pursuant to background screenings required under this 390 chapter, regardless of whether those disqualifying offenses are 391 listed in this chapter or other laws. 392 (2) Persons employed, or applicants for employment, by 393 treatment providers who treat adolescents 13 years of age and 394 older who are disqualified from employment solely because of 395 crimes under s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 396 817.563, s. 831.01, s. 831.02, s. 893.13, or s. 893.147, or any 397 related criminal attempt, solicitation, or conspiracy under s. 398 777.04, may be exempted from disqualification from employment 399 pursuant to this chapter without application of the waiting 400 period in subparagraph (1)(a)1. 401 Section 11. Subsection (9) is added to section 553.80, 402 Florida Statutes, to read: 403 553.80 Enforcement.— 404 (9) If a single-family or two-family dwelling is used as a 405 recovery residence, as defined in s. 397.311, such dwelling 406 shall be deemed a single-family or two-family dwelling for 407 purposes of the Florida Building Code. 408 Section 12. Paragraph (b) of subsection (1) of section 409 633.206, Florida Statutes, is amended, and subsection (5) is 410 added to that section, to read: 411 633.206 Uniform firesafety standards—The Legislature hereby 412 determines that to protect the public health, safety, and 413 welfare it is necessary to provide for firesafety standards 414 governing the construction and utilization of certain buildings 415 and structures. The Legislature further determines that certain 416 buildings or structures, due to their specialized use or to the 417 special characteristics of the person utilizing or occupying 418 these buildings or structures, should be subject to firesafety 419 standards reflecting these special needs as may be appropriate. 420 (1) The department shall establish uniform firesafety 421 standards that apply to: 422 (b) All new, existing, and proposed hospitals, nursing 423 homes, assisted living facilities, adult family-care homes, 424 recovery residences, correctional facilities, public schools, 425 transient public lodging establishments, public food service 426 establishments, elevators, migrant labor camps, mobile home 427 parks, lodging parks, recreational vehicle parks, recreational 428 camps, residential and nonresidential child care facilities, 429 facilities for the developmentally disabled, motion picture and 430 television special effects productions, tunnels, and self 431 service gasoline stations, of which standards the State Fire 432 Marshal is the final administrative interpreting authority. 433 434 In the event there is a dispute between the owners of the 435 buildings specified in paragraph (b) and a local authority 436 requiring a more stringent uniform firesafety standard for 437 sprinkler systems, the State Fire Marshal shall be the final 438 administrative interpreting authority and the State Fire 439 Marshal’s interpretation regarding the uniform firesafety 440 standards shall be considered final agency action. 441 (5) If a single-family or two-family dwelling is used as a 442 recovery residence, as defined in s. 397.311, such dwelling is 443 exempt from the uniform firesafety standards for recovery 444 residences and shall be deemed a single-family or two-family 445 dwelling for the purposes of the Life Safety Code and Florida 446 Fire Prevention Code. 447 Section 13. Paragraph (e) of subsection (5) of section 448 212.055, Florida Statutes, is amended to read: 449 212.055 Discretionary sales surtaxes; legislative intent; 450 authorization and use of proceeds.—It is the legislative intent 451 that any authorization for imposition of a discretionary sales 452 surtax shall be published in the Florida Statutes as a 453 subsection of this section, irrespective of the duration of the 454 levy. Each enactment shall specify the types of counties 455 authorized to levy; the rate or rates which may be imposed; the 456 maximum length of time the surtax may be imposed, if any; the 457 procedure which must be followed to secure voter approval, if 458 required; the purpose for which the proceeds may be expended; 459 and such other requirements as the Legislature may provide. 460 Taxable transactions and administrative procedures shall be as 461 provided in s. 212.054. 462 (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in 463 s. 125.011(1) may levy the surtax authorized in this subsection 464 pursuant to an ordinance either approved by extraordinary vote 465 of the county commission or conditioned to take effect only upon 466 approval by a majority vote of the electors of the county voting 467 in a referendum. In a county as defined in s. 125.011(1), for 468 the purposes of this subsection, “county public general 469 hospital” means a general hospital as defined in s. 395.002 470 which is owned, operated, maintained, or governed by the county 471 or its agency, authority, or public health trust. 472 (e) A governing board, agency, or authority shall be 473 chartered by the county commission upon this act becoming law. 474 The governing board, agency, or authority shall adopt and 475 implement a health care plan for indigent health care services. 476 The governing board, agency, or authority shall consist of no 477 more than seven and no fewer than five members appointed by the 478 county commission. The members of the governing board, agency, 479 or authority shall be at least 18 years of age and residents of 480 the county. No member may be employed by or affiliated with a 481 health care provider or the public health trust, agency, or 482 authority responsible for the county public general hospital. 483 The following community organizations shall each appoint a 484 representative to a nominating committee: the South Florida 485 Hospital and Healthcare Association, the Miami-Dade County 486 Public Health Trust, the Dade County Medical Association, the 487 Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade 488 County. This committee shall nominate between 10 and 14 county 489 citizens for the governing board, agency, or authority. The 490 slate shall be presented to the county commission and the county 491 commission shall confirm the top five to seven nominees, 492 depending on the size of the governing board. Until such time as 493 the governing board, agency, or authority is created, the funds 494 provided for in subparagraph (d)2. shall be placed in a 495 restricted account set aside from other county funds and not 496 disbursed by the county for any other purpose. 497 1. The plan shall divide the county into a minimum of four 498 and maximum of six service areas, with no more than one 499 participant hospital per service area. The county public general 500 hospital shall be designated as the provider for one of the 501 service areas. Services shall be provided through participants’ 502 primary acute care facilities. 503 2. The plan and subsequent amendments to it shall fund a 504 defined range of health care services for both indigent persons 505 and the medically poor, including primary care, preventive care, 506 hospital emergency room care, and hospital care necessary to 507 stabilize the patient. For the purposes of this section, 508 “stabilization” means stabilization as defined in s. 397.311s.509397.311(45). Where consistent with these objectives, the plan 510 may include services rendered by physicians, clinics, community 511 hospitals, and alternative delivery sites, as well as at least 512 one regional referral hospital per service area. The plan shall 513 provide that agreements negotiated between the governing board, 514 agency, or authority and providers shall recognize hospitals 515 that render a disproportionate share of indigent care, provide 516 other incentives to promote the delivery of charity care to draw 517 down federal funds where appropriate, and require cost 518 containment, including, but not limited to, case management. 519 From the funds specified in subparagraphs (d)1. and 2. for 520 indigent health care services, service providers shall receive 521 reimbursement at a Medicaid rate to be determined by the 522 governing board, agency, or authority created pursuant to this 523 paragraph for the initial emergency room visit, and a per-member 524 per-month fee or capitation for those members enrolled in their 525 service area, as compensation for the services rendered 526 following the initial emergency visit. Except for provisions of 527 emergency services, upon determination of eligibility, 528 enrollment shall be deemed to have occurred at the time services 529 were rendered. The provisions for specific reimbursement of 530 emergency services shall be repealed on July 1, 2001, unless 531 otherwise reenacted by the Legislature. The capitation amount or 532 rate shall be determined before program implementation by an 533 independent actuarial consultant. In no event shall such 534 reimbursement rates exceed the Medicaid rate. The plan must also 535 provide that any hospitals owned and operated by government 536 entities on or after the effective date of this act must, as a 537 condition of receiving funds under this subsection, afford 538 public access equal to that provided under s. 286.011 as to any 539 meeting of the governing board, agency, or authority the subject 540 of which is budgeting resources for the retention of charity 541 care, as that term is defined in the rules of the Agency for 542 Health Care Administration. The plan shall also include 543 innovative health care programs that provide cost-effective 544 alternatives to traditional methods of service and delivery 545 funding. 546 3. The plan’s benefits shall be made available to all 547 county residents currently eligible to receive health care 548 services as indigents or medically poor as defined in paragraph 549 (4)(d). 550 4. Eligible residents who participate in the health care 551 plan shall receive coverage for a period of 12 months or the 552 period extending from the time of enrollment to the end of the 553 current fiscal year, per enrollment period, whichever is less. 554 5. At the end of each fiscal year, the governing board, 555 agency, or authority shall prepare an audit that reviews the 556 budget of the plan, delivery of services, and quality of 557 services, and makes recommendations to increase the plan’s 558 efficiency. The audit shall take into account participant 559 hospital satisfaction with the plan and assess the amount of 560 poststabilization patient transfers requested, and accepted or 561 denied, by the county public general hospital. 562 Section 14. Section 397.416, Florida Statutes, is amended 563 to read: 564 397.416 Substance abuse treatment services; qualified 565 professional.—Notwithstanding any other provision of law, a 566 person who was certified through a certification process 567 recognized by the former Department of Health and Rehabilitative 568 Services before January 1, 1995, may perform the duties of a 569 qualified professional with respect to substance abuse treatment 570 services as defined in this chapter, and need not meet the 571 certification requirements contained in s. 397.311(35)s.572397.311(34). 573 Section 15. Paragraphs (d) and (g) of subsection (1) of 574 section 440.102, Florida Statutes, are amended to read: 575 440.102 Drug-free workplace program requirements.—The 576 following provisions apply to a drug-free workplace program 577 implemented pursuant to law or to rules adopted by the Agency 578 for Health Care Administration: 579 (1) DEFINITIONS.—Except where the context otherwise 580 requires, as used in this act: 581 (d) “Drug rehabilitation program” means a service provider 582 as defined in s. 397.311 which,established pursuant to s.583397.311(43), thatprovides confidential, timely, and expert 584 identification, assessment, and resolution of employee drug 585 abuse. 586 (g) “Employee assistance program” means an established 587 program capable of providing expert assessment of employee 588 personal concerns; confidential and timely identification 589 services with regard to employee drug abuse; referrals of 590 employees for appropriate diagnosis, treatment, and assistance; 591 and followup services for employees who participate in the 592 program or require monitoring after returning to work. If, in 593 addition to the above activities, an employee assistance program 594 provides diagnostic and treatment services, these services shall 595 in all cases be provided by service providers as defined in s. 596 397.311pursuant to s. 397.311(43). 597 Section 16. This act shall take effect July 1, 2019.