Bill Text: FL S0330 | 2024 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Behavioral Health Teaching Hospitals
Spectrum:
Status: (Passed) 2024-03-22 - Chapter No. 2024-12 [S0330 Detail]
Download: Florida-2024-S0330-Engrossed.html
Bill Title: Behavioral Health Teaching Hospitals
Spectrum:
Status: (Passed) 2024-03-22 - Chapter No. 2024-12 [S0330 Detail]
Download: Florida-2024-S0330-Engrossed.html
CS for SB 330 First Engrossed
2024330e1
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 terms; providing legislative
6 findings and intent; creating s. 395.902, F.S.;
7 authorizing hospitals to apply for a behavioral health
8 teaching hospital designation beginning on a specified
9 date; specifying criteria a hospital must meet to
10 receive such designation; notwithstanding such
11 criteria, requiring the Agency for Health Care
12 Administration to designate specified existing
13 hospitals as behavioral health teaching hospitals;
14 requiring such hospitals to meet the designation
15 criteria within a specified timeframe; authorizing the
16 agency to designate a specified number of additional
17 behavioral health teaching hospitals by a specified
18 date, taking into account specified factors; requiring
19 the agency to award behavioral health teaching
20 hospitals certain funds upon their designation;
21 requiring designated behavioral health teaching
22 hospitals to submit an annual report to the agency and
23 the Department of Children and Families; specifying
24 requirements for the report; providing for expiration
25 and renewal of behavioral health teaching hospital
26 designations; authorizing the agency to deny, revoke,
27 or suspend a designation at any time under certain
28 circumstances; authorizing the agency to adopt rules;
29 creating s. 395.903, F.S.; establishing a grant
30 program within the agency for the purpose of funding
31 designated behavioral health teaching hospitals;
32 providing an administrative process to receive,
33 evaluate, and rank applications that request grant
34 funds; authorizing the agency to submit a budget
35 amendment to the Legislature requesting the release of
36 grant funds to make awards; providing a carry forward
37 for a specified period for obligated funds not
38 disbursed in the same year in which the funds were
39 appropriated; authorizing the agency to adopt rules;
40 amending s. 1004.44, F.S.; establishing the Florida
41 Center for Behavioral Health Workforce within the
42 Louis de la Parte Florida Mental Health Institute for
43 a specified purpose; specifying the goals and duties
44 of the center; authorizing the center to convene
45 groups to assist in its work; authorizing the center
46 to request, and requiring certain boards to provide,
47 certain information regarding behavioral health
48 professionals licensed or practicing in this state;
49 requiring the center to submit an annual report of
50 certain information to the Governor and the
51 Legislature; requiring the Board of Governors of the
52 State University System and the State Board of
53 Education, in consultation with the center, to adopt
54 certain regulations and rules, as applicable;
55 requiring the Department of Children and Families to
56 contract for a specified study of the state’s
57 forensic, voluntary and involuntary civil commitment,
58 and statewide inpatient psychiatric programs;
59 requiring that the study be completed by a specified
60 date and include specified information and
61 recommendations; providing appropriations; providing
62 effective dates.
63
64 Be It Enacted by the Legislature of the State of Florida:
65
66 Section 1. Part VI of chapter 395, Florida Statutes,
67 consisting of ss. 395.901, 395.902, and 395.903, Florida
68 Statutes, is created and entitled “Behavioral Health Teaching
69 Hospitals.”
70 Section 2. Section 395.901, Florida Statutes, is created to
71 read:
72 395.901 Definitions; legislative findings and intent.—
73 (1) DEFINITIONS.—As used in this part, the term:
74 (a) “Agency” means the Agency for Health Care
75 Administration.
76 (b) “Behavioral health” means the prevention and treatment
77 of, and recovery from, any substance use disorder, mental health
78 disorder, or co-occurring disorder.
79 (c) “Behavioral health professions” means licensed or
80 certified professionals serving the needs of patients with
81 behavioral health disorders, including, but not limited to,
82 psychiatrists licensed under chapter 458 or chapter 459,
83 psychologists licensed under chapter 490, psychiatric nurses
84 licensed under chapter 464, and social workers, marriage and
85 family therapists, and mental health counselors licensed under
86 chapter 491.
87 (d) “Behavioral health teaching hospital” means a hospital
88 licensed under this chapter and designated as a behavioral
89 health teaching hospital by the agency under s. 395.902.
90 (e) “Department” means the Department of Children and
91 Families.
92 (2) LEGISLATIVE FINDINGS AND INTENT.—
93 (a) The Legislature finds that there is a critical shortage
94 of behavioral health professionals and recognizes the urgent
95 need to expand the existing behavioral health workforce, prepare
96 for an aging workforce, incentivize entry into behavioral health
97 professions, and train a modernized workforce in innovative
98 integrated care.
99 (b) The Legislature finds that there is a specific need to
100 support a behavioral health education system that not only
101 trains the next generation of professionals in innovative and
102 integrated care for those with behavioral health needs, but also
103 works to modernize the state’s overall behavioral health system
104 of care.
105 (c) The Legislature intends to identify and designate
106 multiple behavioral health teaching hospitals that work to
107 provide the necessary research, education, and services to
108 enhance the state’s behavioral health workforce and make that
109 workforce and system of care the national standard.
110 (d) The Legislature intends to create the Florida Center
111 for Behavioral Health Workforce within the Louis de la Parte
112 Florida Mental Health Institute at the University of South
113 Florida to address issues of workforce supply and demand in
114 behavioral health professions, including issues of recruitment,
115 retention, and workforce resources.
116 (e) The Legislature intends for designated behavioral
117 health teaching hospitals to:
118 1. Conduct state-of-the-art behavioral health research.
119 2. Provide leading-edge education and training in
120 innovative and integrated care for the state’s behavioral health
121 workforce.
122 3. Collaborate with other university colleges and schools
123 of medicine, nursing, psychology, social work, public health,
124 and other relevant disciplines to promote and enhance a
125 modernized behavioral health system of care.
126 4. Develop, implement, and promote public-private
127 partnerships throughout this state to support and enhance the
128 intent of this part.
129 5. Partner with the state to provide behavioral health
130 care, address regional and systemwide behavioral health needs,
131 and support the state in providing treatment and care for those
132 whose need and acuity has resulted in the need for long-term
133 voluntary services or involuntary civil commitment.
134 Section 3. Section 395.902, Florida Statutes, is created to
135 read:
136 395.902 Behavioral health teaching hospitals.—
137 (1) Beginning July 1, 2025, a licensed hospital may apply
138 to the agency for designation as a behavioral health teaching
139 hospital by submitting a form furnished by the agency and
140 providing documentation establishing eligibility.
141 (2) To be designated as a behavioral health teaching
142 hospital, a hospital must meet all of the following criteria:
143 (a) Operate as a teaching hospital as defined in s. 408.07.
144 (b) Offer a psychiatric residency program accredited
145 through the Residency Review Committee of the Accreditation
146 Council of Graduate Medical Education and an accredited
147 postdoctoral clinical psychology fellowship program.
148 (c) Provide behavioral health services.
149 (d) Establish an affiliation with a university in this
150 state to create and maintain integrated workforce development
151 programs for students of the university’s colleges or schools of
152 medicine, nursing, psychology, social work, and public health
153 related to the entire continuum of behavioral health care,
154 including, at a minimum, screening, therapeutic and supportive
155 services, community outpatient care, crisis stabilization,
156 short-term residential treatment, and long-term care.
157 (e) Develop a plan to create and maintain integrated
158 workforce development programs with the affiliated university’s
159 colleges or schools and to supervise clinical care provided by
160 students participating in such programs.
161 (3) A designated behavioral health teaching hospital must:
162 (a) Within 90 days after receiving the designation, develop
163 and maintain a consultation agreement with the Florida Center
164 for Behavioral Health Workforce within the Louis de la Parte
165 Florida Mental Health Institute to establish best practices
166 related to integrated workforce development programs for the
167 behavioral health professions.
168 (b) Collaborate with the department and managing entities
169 as defined in s. 394.9082(2) to identify gaps in the regional
170 continuum of behavioral health care which are appropriate for
171 the behavioral health teaching hospital to address, either
172 independently or in collaboration with other organizations
173 providing behavioral health services, and which will facilitate
174 implementation of the plan developed under paragraph (2)(e).
175 (c) Within 90 days after receiving the designation, enter
176 into an agreement with the department to provide state treatment
177 facility beds when determined necessary by the department.
178 (d) Provide data related to the hospital’s integrated
179 workforce development programs and the services provided by the
180 hospital to the agency, the department, and the Office of
181 Reimagining Education and Career Help created under s. 14.36, as
182 determined by the agency, department, or the office.
183 (4) Notwithstanding subsections (1) and (2), within 30 days
184 after this act becomes a law, the agency shall designate the
185 following hospitals as behavioral health teaching hospitals:
186 (a) Tampa General Hospital, in affiliation with the
187 University of South Florida.
188 (b) UF Health Shands Hospital, in affiliation with the
189 University of Florida.
190 (c) UF Health Jacksonville, in affiliation with the
191 University of Florida.
192 (d) Jackson Memorial Hospital, in affiliation with the
193 University of Miami.
194
195 Within 90 days after receiving the designation, each behavioral
196 health teaching hospital designated under this subsection shall
197 submit documentation to the agency establishing compliance with
198 the requirements of paragraphs (2)(a)-(d) and submit the plan
199 required by paragraph (2)(e).
200 (5) The agency may designate up to four additional
201 behavioral health teaching hospitals by July 1, 2027, taking
202 into account equitable distribution of such hospitals by
203 geographical service area and behavioral health services access.
204 (6) Upon designating a behavioral health teaching hospital
205 under this section, the agency shall award the hospital funds as
206 follows:
207 (a) For up to 10 resident positions through the Slots for
208 Doctors Program established in s. 409.909. Notwithstanding that
209 section, the agency shall allocate $150,000 for each such
210 position.
211 (b) Through the Training, Education, and Clinicals in
212 Health Funding Program established in s. 409.91256 to offset the
213 costs of maintaining integrated workforce development programs.
214 (7) By December 1 of each year, a designated behavioral
215 health teaching hospital must submit a report to the agency and
216 the department on the designated behavioral health teaching
217 hospital program, including, but not limited to, all of the
218 following:
219 (a) The number of psychiatric residents.
220 (b) The number of postdoctoral clinical psychology fellows.
221 (c) The status and details of the consultation agreement
222 with the Florida Center for Behavioral Health Workforce within
223 the Louis de la Parte Florida Mental Health Institute.
224 (d) The implementation status of the plan required by
225 paragraph (2)(e).
226 (e) Activities, agreements, and accomplishments of the
227 collaboration required by paragraph (3)(b).
228 (f) The number of any facility beds and patients served
229 under paragraph (3)(c).
230 (8) A behavioral health teaching hospital designation is
231 valid for 2 years. To renew the designation, a hospital must
232 submit an application for renewal to the agency on a form
233 established by the agency at least 90 days before the expiration
234 of the designation. The renewal process is subject to the time
235 periods and tolling provisions of s. 120.60. The agency may
236 deny, revoke, or suspend a designation at any time if a
237 behavioral health teaching hospital is not in compliance with
238 the requirements of this section.
239 (9) The agency may adopt rules necessary to implement this
240 section.
241 Section 4. Section 395.903, Florida Statutes, is created to
242 read:
243 395.903 Behavioral Health Teaching Hospital grant program.—
244 (1) There is established within the agency a grant program
245 for the purpose of funding designated behavioral health teaching
246 hospitals, subject to legislative appropriation. Grant funding
247 may be used for operations and expenses and fixed capital
248 outlay, including, but not limited to, facility renovation and
249 upgrades.
250 (a)1. For the 2024-2025 fiscal year, the agency shall hold
251 a 30-day, open application period beginning November 1, 2024, to
252 accept applications from the behavioral health teaching
253 hospitals designated under s. 395.902(4), in a manner determined
254 by the agency. Applicants must include a detailed spending plan
255 with the application.
256 2. For the 2025-2026 and 2026-2027 fiscal years, subject to
257 the availability of funds, the agency shall hold a 30-day, open
258 application period beginning October 1 of each year to accept
259 applications from behavioral health teaching hospitals
260 designated under s. 395.902, in a manner determined by the
261 agency. Applicants must include a detailed spending plan with
262 the application.
263 (b) The agency, in consultation with the department, shall
264 evaluate and rank grant applications based on compliance with s.
265 395.902(2) and the quality of the plan submitted under s.
266 395.902(2)(e) or plan implementation, as applicable, related to
267 achieving the purposes of the behavioral health teaching
268 hospital program. The agency, in consultation with the
269 department, shall make recommendations for grant awards and
270 distribution of available funding for such awards. The agency
271 shall submit the evaluation and grant award recommendations to
272 the President of the Senate and the Speaker of the House of
273 Representatives within 90 days after the open application period
274 closes.
275 (c) Notwithstanding ss. 216.181 and 216.292, the agency may
276 submit budget amendments, subject to the notice, review, and
277 objection procedures under s. 216.177, requesting the release of
278 the funds to make awards. The agency is authorized to submit
279 budget amendments relating to expenses under subsection (1)
280 under the grant program only within the 90 days after the open
281 application period closes.
282 (2) Notwithstanding s. 216.301 and pursuant to s. 216.351,
283 the balance of any appropriation from the General Revenue Fund
284 for the program which is not disbursed but which is obligated
285 pursuant to contract or committed to be expended by June 30 of
286 the fiscal year for which the funds are appropriated may be
287 carried forward for up to 8 years after the effective date of
288 the original appropriation.
289 (3) The agency may adopt rules necessary to implement this
290 section.
291 Section 5. Subsections (6) and (7) are added to section
292 1004.44, Florida Statutes, to read:
293 1004.44 Louis de la Parte Florida Mental Health Institute.
294 There is established the Louis de la Parte Florida Mental Health
295 Institute within the University of South Florida.
296 (6)(a) There is established within the institute the
297 Florida Center for Behavioral Health Workforce. The purpose of
298 the center is to support an adequate, highly skilled, resilient,
299 and innovative workforce that meets the current and future human
300 resources needs of the state’s behavioral health system in order
301 to provide high-quality care, services, and supports to
302 Floridians with, or at risk of developing, behavioral health
303 conditions through original research, policy analysis,
304 evaluation, and development and dissemination of best practices.
305 The goals of the center are, at a minimum, to research the
306 state’s current behavioral health workforce and future needs;
307 expand the number of clinicians, professionals, and other
308 workers involved in the behavioral health workforce; and enhance
309 the skill level and innovativeness of the workforce. The center
310 shall, at a minimum, do all of the following:
311 1. Describe and analyze the current workforce and project
312 possible future workforce demand, especially in critical roles,
313 and develop strategies for addressing any gaps. The center’s
314 efforts may include, but need not be limited to, producing a
315 statistically valid biennial analysis of the supply and demand
316 of the behavioral health workforce.
317 2. Expand pathways to behavioral health professions through
318 enhanced educational opportunities and improved faculty
319 development and retention. The center’s efforts may include, but
320 need not be limited to:
321 a. Identifying best practices in the academic preparation
322 and continuing education of behavioral health professionals.
323 b. Facilitating and coordinating the development of
324 academic-practice partnerships that support behavioral health
325 faculty employment and advancement.
326 c. Developing and implementing innovative projects to
327 support the recruitment, development, and retention of
328 behavioral health educators, faculty, and clinical preceptors.
329 d. Developing distance learning infrastructure for
330 behavioral health education and the evidence-based use of
331 technology, simulation, and distance learning techniques.
332 3. Promote behavioral health professions. The center’s
333 efforts may include, but need not be limited to:
334 a. Conducting original research on the factors affecting
335 recruitment, retention, and advancement of the behavioral health
336 workforce, such as designing and implementing a longitudinal
337 study of the state’s behavioral health workforce.
338 b. Developing and implementing innovative projects to
339 support the recruitment, development, and retention of
340 behavioral health workers.
341 (b) The center may:
342 1. Convene groups, including, but not limited to,
343 behavioral health clinicians, professionals, and workers, and
344 employers of such individuals; other health care providers;
345 individuals with behavioral health conditions and their
346 families; business and industry leaders, policymakers, and
347 educators to assist the center in its work; and
348 2. Request from any board as defined in s. 456.001 any
349 information held by the board regarding a behavioral health
350 professional licensed in this state or holding a multistate
351 license pursuant to a professional multistate licensure compact
352 or information reported to the board by employers of such
353 behavioral health professionals, other than personal identifying
354 information. The boards must provide such information to the
355 center upon request.
356 (c) By January 10 of each year, the center shall submit a
357 report to the Governor, the President of the Senate, and the
358 Speaker of the House of Representatives providing details of its
359 activities during the preceding calendar year in pursuit of its
360 goals and in the execution of its duties under paragraph (a).
361 The report submitted in 2025 must include an initial statewide
362 strategic plan for meeting the goals in subsection (6), which
363 must be updated in each subsequent report.
364 (7) The Board of Governors and the State Board of
365 Education, in consultation with the center, shall expeditiously
366 adopt any necessary regulations and rules, as applicable, to
367 allow the center to perform its responsibilities under
368 subsection (6) as soon as practicable.
369 Section 6. Effective upon this act becoming a law, the
370 Department of Children and Families must contract for a detailed
371 study of capacity for inpatient treatment services for adults
372 with serious mental illness and children with serious emotional
373 disturbance or psychosis in this state’s forensic inpatient,
374 safety-net voluntary and involuntary civil inpatient placement,
375 and Medicaid statewide inpatient psychiatric programs. The study
376 must include analyses of current capacity, current and projected
377 future demand, and the state’s current and projected future
378 ability to meet that demand, and must include recommendations
379 for enhancing the availability of inpatient treatment services
380 and for providing alternatives to such services. The study must
381 be completed by January 31, 2025, and must include, at a
382 minimum, all of the following:
383 (1) By facility and by program type, the current number and
384 allocation of beds for inpatient treatment, the number of
385 individuals admitted and discharged annually, and the lengths of
386 stays.
387 (2) By department region, the current number and allocation
388 of beds in receiving, treatment, and state treatment facilities
389 and residential treatment centers for children and adolescents
390 for inpatient treatment between forensic and civil placements,
391 the number of individuals admitted and discharged annually, the
392 types and frequency of diagnoses, and the lengths of stays.
393 (3) By department region, the current and projected future
394 demand for civil and forensic inpatient placements at receiving,
395 treatment, and state treatment facilities and residential
396 treatment centers for children and adolescents, any gaps in
397 current and projected future availability of these services
398 compared to current and projected future service demand, and the
399 number of inpatient beds needed by facility type and placement
400 type to meet current and projected future demand.
401 (4) By agency region, the number of individuals admitted
402 and discharged annually, the types and frequency of diagnoses,
403 and the lengths of stays for Medicaid statewide inpatient
404 psychiatric program services, the current and projected future
405 demand for these services, any gaps in current and projected
406 future availability of these services compared to current and
407 projected future service demand, and the number of inpatient
408 beds needed by facility type to meet current and projected
409 future demand.
410 (5) Policy recommendations for ensuring sufficient bed
411 capacity for inpatient treatment at treatment facilities, state
412 treatment facilities, or receiving facilities, or at residential
413 treatment centers for children and adolescents, and for
414 enhancing services that could prevent the need for involuntary
415 inpatient placements.
416 (6) A gap analysis as recommended by the Commission on
417 Mental Health and Substance Use Disorder in the annual interim
418 report dated January 1, 2024.
419 Section 7. For the 2024-2025 fiscal year, the sum of $5
420 million in recurring funds from the General Revenue Fund is
421 appropriated to the Louis de la Parte Florida Mental Health
422 Institute for the operation of the Florida Center for Behavioral
423 Health Workforce as created by this act.
424 Section 8. (1) For the 2024-2025 fiscal year, the sums of
425 $2,557,800 in recurring funds from the General Revenue Fund and
426 $3,442,200 in recurring funds from the Medical Care Trust Fund
427 are appropriated to the Agency for Health Care Administration
428 for the Slots for Doctors Program established in s. 409.909,
429 Florida Statutes, for up to 10 newly created resident positions
430 for each designated behavioral health teaching hospital
431 designated under s. 395.902(4), Florida Statutes, as created by
432 this act. Notwithstanding s. 409.909, Florida Statutes, the
433 agency shall allocate $150,000 for each newly created position.
434 (2) For the 2024-2025 fiscal year, the sums of $2,557,800
435 in recurring funds from the General Revenue Fund and $3,442,200
436 in recurring funds from the Medical Care Trust Fund are
437 appropriated to the Agency for Health Care Administration for
438 the Slots for Doctors Program established in s. 409.909, Florida
439 Statutes, for up to 10 newly created resident positions for each
440 designated behavioral health teaching hospital designated under
441 s. 395.902, Florida Statutes, other than those designated under
442 s. 395.902(4), Florida Statutes, if any, as created by this act.
443 Notwithstanding s. 409.909, Florida Statutes, the agency shall
444 allocate $150,000 for each newly created position. The funds
445 shall be held in reserve. Upon designation of a behavioral
446 health teaching hospital, the Agency for Health Care
447 Administration shall submit budget amendments to request release
448 of the funds pursuant to chapter 216, Florida Statutes.
449 Section 9. (1) For the 2024-2025 fiscal year, the sum of $2
450 million in recurring funds from the General Revenue Fund is
451 appropriated to the Agency for Health Care Administration to
452 implement the Training, Education, and Clinicals in Health
453 (TEACH) Funding Program established in s. 409.91256, Florida
454 Statutes, as created by SB 7016, 2024 Regular Session.
455 Notwithstanding s. 409.91256(5)(b), Florida Statutes, as created
456 by SB 7016, 2024 Regular Session, the funds appropriated under
457 this section shall be equally distributed to the behavioral
458 health teaching hospitals designated under s. 395.902(4),
459 Florida Statutes, as created by this act.
460 (2) For the 2024-2025 fiscal year, the sum of $2 million in
461 recurring funds from the General Revenue Fund is appropriated to
462 the Agency for Health Care Administration to implement TEACH
463 Funding Program established in s. 409.91256, Florida Statutes,
464 as created by SB 7016, 2024 Regular Session. Notwithstanding s.
465 409.91256(5)(b), Florida Statutes, as created by SB 7016, 2024
466 Regular Session, the funds appropriated pursuant to this section
467 shall be equally distributed to the behavioral health teaching
468 hospitals designated under s. 395.902, Florida Statutes, other
469 than those designated under s. 395.902(4), Florida Statutes, as
470 created by this act. The funds shall be held in reserve. Upon
471 designation of a behavioral health teaching hospital, the Agency
472 for Health Care Administration shall submit budget amendments to
473 request release of the funds pursuant to chapter 216, Florida
474 Statutes. The agency is authorized to submit a final budget
475 amendment in the last quarter of the fiscal year to provide an
476 adjustment in the amount of funds provided to behavioral health
477 teaching hospitals based upon the number of designations
478 finalized during the fiscal year.
479 Section 10. For the 2024-2025 fiscal year, the nonrecurring
480 sum of $300 million from the General Revenue Fund is
481 appropriated to the Agency for Health Care Administration for
482 the behavioral health teaching hospital grant program as created
483 in s. 395.902(7), Florida Statutes. Grant funds shall be awarded
484 over a 3-year period. Notwithstanding s. 216.301, Florida
485 Statutes, and pursuant to s. 216.351, Florida Statutes, funds
486 appropriated for this purpose which are not disbursed by June 30
487 shall be carried forward for up to 8 years after the effective
488 date of the original appropriation.
489 (1) For the 2024-2025 fiscal year, the Agency for Health
490 Care Administration is authorized to award grants in an amount
491 not to exceed $100 million to the behavioral health teaching
492 hospitals designated under s. 395.902(4), Florida Statutes, as
493 created by this act.
494 (2) For the 2025-2026 fiscal year, the Agency for Health
495 Care Administration is authorized to award grants in an amount
496 not to exceed $100 million to behavioral health teaching
497 hospitals designated under s. 395.902, Florida Statutes, as
498 created by this act.
499 (3) For the 2026-2027 fiscal year, the Agency for Health
500 Care Administration is authorized to award grants up to the
501 amount of the original appropriation which has not yet been
502 awarded as of June 30, 2026, to behavioral health teaching
503 hospitals designated under s. 395.902, Florida Statutes, as
504 created by this act.
505 Section 11. Except as otherwise expressly provided in this
506 act and except for this section, which shall take effect upon
507 this act becoming a law, this act shall take effect July 1,
508 2024.
