Bill Text: FL S1010 | 2023 | Regular Session | Comm Sub


Bill Title: Substance Abuse and Mental Health Services

Spectrum: Bipartisan Bill

Status: (Failed) 2023-05-05 - Died in Appropriations Committee on Health and Human Services [S1010 Detail]

Download: Florida-2023-S1010-Comm_Sub.html
       Florida Senate - 2023                             CS for SB 1010
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Gruters
       
       
       
       
       586-02748-23                                          20231010c1
    1                        A bill to be entitled                      
    2         An act relating to substance abuse and mental health
    3         services; amending s. 397.487, F.S.; specifying the
    4         purpose of certain inspections by credentialing
    5         entities; revising authorizations relating to onsite
    6         monitoring of certified recovery residences by
    7         credentialing entities; revising requirements relating
    8         to the removal and replacement of certified recovery
    9         residence administrators; revising requirements
   10         relating to credentialing entities denying, revoking,
   11         or suspending certifications or imposing sanctions on
   12         a recovery residence; requiring credentialing entities
   13         to keep specified records and make such records
   14         available to the Division of Administrative Hearings
   15         upon request; amending s. 397.4871, F.S.; authorizing
   16         credentialing entities to approve certain certified
   17         recovery residence administrators to actively manage
   18         up to a specified number of residents if certain
   19         requirements are met; prohibiting certain certified
   20         recovery residence administrators who have been
   21         removed from a recovery residence from continuing to
   22         actively manage more than a specified number of
   23         residents without being reapproved by a credentialing
   24         entity; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsections (5) and (8) of section 397.487,
   29  Florida Statutes, are amended to read:
   30         397.487 Voluntary certification of recovery residences.—
   31         (5) Upon receiving a completed complete application, a
   32  credentialing entity shall conduct an onsite inspection of the
   33  recovery residence to determine whether the applicant meets the
   34  certification requirements.
   35         (8) Periodic onsite followup monitoring of a certified
   36  recovery residence may be conducted by the credentialing entity
   37  to determine continuing compliance with certification
   38  requirements. The credentialing entity shall inspect each
   39  certified recovery residence at least annually to ensure
   40  compliance with such certification requirements.
   41         (a) A credentialing entity may suspend or revoke a
   42  certification if the credentialing entity has made a written
   43  determination that the recovery residence is not in compliance
   44  with any provision of this section or has failed to remedy any
   45  deficiency identified by the credentialing entity within the
   46  time period specified.
   47         (b) A certified recovery residence must notify the
   48  credentialing entity within 3 business days after the removal of
   49  the recovery residence’s certified recovery residence
   50  administrator due to termination, resignation, or any other
   51  reason. The recovery residence has 90 30 days to retain a
   52  certified recovery residence administrator. The credentialing
   53  entity shall initiate formal proceedings to revoke the
   54  certificate of compliance of any recovery residence that fails
   55  to comply with this paragraph.
   56         (c) If any owner, director, or chief financial officer of a
   57  certified recovery residence is arrested for or found guilty of,
   58  or enters a plea of guilty or nolo contendere to, regardless of
   59  adjudication, any offense listed in s. 435.04(2) while acting in
   60  that capacity, the certified recovery residence shall
   61  immediately remove the person from that position and shall
   62  notify the credentialing entity within 3 business days after
   63  such removal. The credentialing entity shall revoke the
   64  certificate of compliance of a recovery residence that fails to
   65  meet these requirements.
   66         (d) A credentialing entity shall revoke a recovery
   67  residence’s certificate of compliance if the recovery residence
   68  provides false or misleading information to the credentialing
   69  entity at any time.
   70         (e) Any decision by a department-recognized credentialing
   71  entity to deny, revoke, or suspend a certification, or otherwise
   72  impose sanctions on a recovery residence, must be initiated by a
   73  formal written notice provided to the recovery residence. The
   74  recovery residence must have 90 days to cure the alleged
   75  deficiency unless the alleged deficiency is an immediate threat
   76  to the health, life, or safety of a resident or residents. If
   77  the alleged deficiency is not cured within 90 days, the
   78  credentialing entity may proceed with formal proceedings against
   79  the recovery residence. The credentialing entity shall allow the
   80  recovery residence to participate in all proceedings conducted
   81  by the credentialing entity regarding the issues raised in the
   82  formal written notice. The credentialing entity shall issue a
   83  formal written notice of its final decision after the conclusion
   84  of such proceedings, is reviewable by the department. Upon
   85  receiving an adverse decision determination, the recovery
   86  residence may request an administrative hearing pursuant to ss.
   87  120.569 and 120.57 ss. 120.569 and 120.57(1) within 30 days
   88  after the recovery residence receives formal written notice of
   89  the final action taken completing any appeals process offered by
   90  the credentialing entity. The credentialing entity must keep
   91  written records of decisions made and proceedings conducted
   92  pursuant to this paragraph and must make such records available
   93  to the Division of Administrative Hearings upon request or the
   94  department, as applicable.
   95         Section 2. Paragraph (b) of subsection (8) of section
   96  397.4871, Florida Statutes, is amended to read:
   97         397.4871 Recovery residence administrator certification.—
   98         (8)
   99         (b) A certified recovery residence administrator may not
  100  actively manage more than 50 residents at any given time unless
  101  written justification is provided to, and approved by, the
  102  credentialing entity as to how the administrator is able to
  103  effectively and appropriately respond to the needs of the
  104  residents, to maintain residence standards, and to meet the
  105  residence certification requirements of this section. However, A
  106  certified recovery residence administrator may not actively
  107  manage more than 100 residents at any given time. However, a
  108  credentialing entity may approve a certified recovery residence
  109  administrator to actively manage up to 250 residents if such
  110  administrator’s recovery residence provides therapeutic housing
  111  and ancillary services exclusively to a licensed service
  112  provider and if the licensed service provider maintains a ratio
  113  of at least 1 supervisory employee to 8 residents. A certified
  114  recovery residence administrator approved under this paragraph
  115  to manage more than 100 residents who has been removed by a
  116  recovery residence due to termination, resignation, or any other
  117  reason may not continue to actively manage more than 100
  118  residents for another recovery residence without being
  119  reapproved by the credentialing entity pursuant to this
  120  paragraph.
  121         Section 3. This act shall take effect July 1, 2023.

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