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.