Bill Text: FL S1120 | 2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Substance Abuse Services

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2020-06-19 - Chapter No. 2020-38 [S1120 Detail]

Download: Florida-2020-S1120-Introduced.html

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       Florida Senate - 2020                                    SB 1120
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-00938A-20                                          20201120__
    1                        A bill to be entitled                      
    2         An act relating to substance abuse services; amending
    3         s. 397.4073, F.S.; specifying that certified recovery
    4         residence administrators and certain persons
    5         associated with certified recovery residences are
    6         subject to certain background screenings; requiring,
    7         rather than authorizing, the exemption from
    8         disqualification from employment for certain substance
    9         abuse service provider personnel; amending s. 397.487,
   10         F.S.; deleting a provision relating to background
   11         screenings for certain persons associated with
   12         applicant recovery residences; amending s. 397.4872,
   13         F.S.; deleting provisions relating to exemptions from
   14         disqualification for certain persons associated with
   15         recovery residences; amending s. 817.505, F.S.;
   16         revising provisions relating to payment practices
   17         exempt from prohibitions on patient brokering;
   18         amending ss. 397.4871 and 435.07, F.S.; conforming
   19         provisions to changes made by the act; providing an
   20         effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (a) of subsection (1) and paragraph
   25  (b) of subsection (4) of section 397.4073, Florida Statutes, are
   26  amended to read:
   27         397.4073 Background checks of service provider personnel.—
   28         (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
   29  EXCEPTIONS.—
   30         (a) For all individuals screened on or after July 1, 2020
   31  2019, background checks shall apply as follows:
   32         1. All owners, directors, chief financial officers, and
   33  clinical supervisors of service providers are subject to level 2
   34  background screening as provided under s. 408.809 and chapter
   35  435. Inmate substance abuse programs operated directly or under
   36  contract with the Department of Corrections are exempt from this
   37  requirement.
   38         2. All service provider personnel who have direct contact
   39  with children receiving services or with adults who are
   40  developmentally disabled receiving services are subject to level
   41  2 background screening as provided under s. 408.809 and chapter
   42  435.
   43         3. All peer specialists who have direct contact with
   44  individuals receiving services are subject to level 2 background
   45  screening as provided under s. 408.809 and chapter 435.
   46         4. All certified recovery residence owners, directors,
   47  chief financial officers, and certified recovery residence
   48  administrators are subject to level 2 background screening as
   49  provided under s. 408.809 and chapter 435.
   50         (4) EXEMPTIONS FROM DISQUALIFICATION.—
   51         (b) Since rehabilitated substance abuse impaired persons
   52  are effective in the successful treatment and rehabilitation of
   53  individuals with substance use disorders, for service providers
   54  which treat adolescents 13 years of age and older, service
   55  provider personnel whose background checks indicate crimes under
   56  s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s.
   57  831.01, s. 831.02, s. 893.13, or s. 893.147, and any related
   58  criminal attempt, solicitation, or conspiracy under s. 777.04,
   59  shall may be exempted from disqualification from employment
   60  pursuant to this paragraph.
   61         Section 2. Subsection (6) of section 397.487, Florida
   62  Statutes, is amended to read:
   63         397.487 Voluntary certification of recovery residences.—
   64         (6) All owners, directors, and chief financial officers of
   65  an applicant recovery residence are subject to level 2
   66  background screening as provided under s. 408.809 and chapter
   67  435. A recovery residence is ineligible for certification, and a
   68  credentialing entity shall deny a recovery residence’s
   69  application, if any owner, director, or chief financial officer
   70  has been found guilty of, or has entered a plea of guilty or
   71  nolo contendere to, regardless of adjudication, any offense
   72  listed in s. 408.809(4) or s. 435.04(2) unless the department
   73  has issued an exemption under s. 397.4073 or s. 397.4872. In
   74  accordance with s. 435.04, the department shall notify the
   75  credentialing agency of an owner’s, director’s, or chief
   76  financial officer’s eligibility based on the results of his or
   77  her background screening.
   78         Section 3. Section 397.4872, Florida Statutes, is amended
   79  to read:
   80         397.4872 Exemption from disqualification; Publication.—
   81         (1) Individual exemptions to staff disqualification or
   82  administrator ineligibility may be requested if a recovery
   83  residence deems the decision will benefit the program. Requests
   84  for exemptions must be submitted in writing to the department
   85  within 20 days after the denial by the credentialing entity and
   86  must include a justification for the exemption.
   87         (2) The department may exempt a person from ss. 397.487(6)
   88  and 397.4871(5) if it has been at least 3 years since the person
   89  has completed or been lawfully released from confinement,
   90  supervision, or sanction for the disqualifying offense. An
   91  exemption from the disqualifying offenses may not be given under
   92  any circumstances for any person who is a:
   93         (a) Sexual predator pursuant to s. 775.21;
   94         (b) Career offender pursuant to s. 775.261; or
   95         (c) Sexual offender pursuant to s. 943.0435, unless the
   96  requirement to register as a sexual offender has been removed
   97  pursuant to s. 943.04354.
   98         (3) By April 1, 2016, each credentialing entity shall
   99  submit a list to the department of all recovery residences and
  100  recovery residence administrators certified by the credentialing
  101  entity that hold a valid certificate of compliance. Thereafter,
  102  the credentialing entity must notify the department within 3
  103  business days after a new recovery residence or recovery
  104  residence administrator is certified or a recovery residence or
  105  recovery residence administrator’s certificate expires or is
  106  terminated. The department shall publish on its website a list
  107  of all recovery residences that hold a valid certificate of
  108  compliance. The department shall also publish on its website a
  109  list of all recovery residence administrators who hold a valid
  110  certificate of compliance. A recovery residence or recovery
  111  residence administrator shall be excluded from the list upon
  112  written request to the department by the listed individual or
  113  entity.
  114         Section 4. Paragraph (a) of subsection (3) of section
  115  817.505, Florida Statutes, is amended to read:
  116         817.505 Patient brokering prohibited; exceptions;
  117  penalties.—
  118         (3) This section shall not apply to the following payment
  119  practices:
  120         (a) Any discount, payment, waiver of payment, or payment
  121  practice not prohibited expressly authorized by 42 U.S.C. s.
  122  1320a-7b(b) 42 U.S.C. s. 1320a-7b(b)(3) or regulations
  123  promulgated adopted thereunder regardless of whether such
  124  discount, payment, waiver of payment, or payment practice
  125  involves items or services for which payment may be made in
  126  whole or in part under federal health care programs as defined
  127  in 42 U.S.C. s. 1320a-7b(f), as that definition exists on July
  128  1, 2020.
  129         Section 5. Subsection (5) of section 397.4871, Florida
  130  Statutes, is amended to read:
  131         397.4871 Recovery residence administrator certification.—
  132         (5) All applicants are subject to level 2 background
  133  screening as provided under chapter 435. An applicant is
  134  ineligible, and a credentialing entity shall deny the
  135  application, if the applicant has been found guilty of, or has
  136  entered a plea of guilty or nolo contendere to, regardless of
  137  adjudication, any offense listed in s. 408.809 or s. 435.04(2)
  138  unless the department has issued an exemption under s. 397.4073
  139  or s. 435.07 s. 397.4872. In accordance with s. 435.04, the
  140  department shall notify the credentialing agency of the
  141  applicant’s eligibility based on the results of his or her
  142  background screening.
  143         Section 6. Subsection (2) of section 435.07, Florida
  144  Statutes, is amended to read:
  145         435.07 Exemptions from disqualification.—Unless otherwise
  146  provided by law, the provisions of this section apply to
  147  exemptions from disqualification for disqualifying offenses
  148  revealed pursuant to background screenings required under this
  149  chapter, regardless of whether those disqualifying offenses are
  150  listed in this chapter or other laws.
  151         (2) Persons employed, or applicants for employment, by
  152  treatment providers who treat adolescents 13 years of age and
  153  older who are disqualified from employment solely because of
  154  crimes under s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s.
  155  817.563, s. 831.01, s. 831.02, s. 893.13, or s. 893.147, or any
  156  related criminal attempt, solicitation, or conspiracy under s.
  157  777.04, shall may be exempted from disqualification from
  158  employment pursuant to this chapter without application of the
  159  waiting period in subparagraph (1)(a)1.
  160         Section 7. This act shall take effect July 1, 2020.