Bill Text: FL S1120 | 2020 | Regular Session | Comm Sub

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-Comm_Sub.html

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       Florida Senate - 2020                             CS for SB 1120
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Harrell
       
       
       
       
       586-02769-20                                          20201120c1
    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. 397.4873, F.S.;
   16         providing criminal penalties for violations relating
   17         to recovery residence patient referrals; amending s.
   18         817.505, F.S.; revising provisions relating to payment
   19         practices exempt from prohibitions on patient
   20         brokering; amending ss. 397.4871 and 435.07, F.S.;
   21         conforming provisions to changes made by the act;
   22         providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Paragraph (a) of subsection (1) and paragraph
   27  (b) of subsection (4) of section 397.4073, Florida Statutes, are
   28  amended to read:
   29         397.4073 Background checks of service provider personnel.—
   30         (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
   31  EXCEPTIONS.—
   32         (a) For all individuals screened on or after July 1, 2020
   33  2019, background checks shall apply as follows:
   34         1. All owners, directors, chief financial officers, and
   35  clinical supervisors of service providers are subject to level 2
   36  background screening as provided under s. 408.809 and chapter
   37  435. Inmate substance abuse programs operated directly or under
   38  contract with the Department of Corrections are exempt from this
   39  requirement.
   40         2. All service provider personnel who have direct contact
   41  with children receiving services or with adults who are
   42  developmentally disabled receiving services are subject to level
   43  2 background screening as provided under s. 408.809 and chapter
   44  435.
   45         3. All peer specialists who have direct contact with
   46  individuals receiving services are subject to level 2 background
   47  screening as provided under s. 408.809 and chapter 435.
   48         4. All certified recovery residence owners, directors,
   49  chief financial officers, and certified recovery residence
   50  administrators are subject to level 2 background screening as
   51  provided under s. 408.809 and chapter 435.
   52         (4) EXEMPTIONS FROM DISQUALIFICATION.—
   53         (b) Since rehabilitated substance abuse impaired persons
   54  are effective in the successful treatment and rehabilitation of
   55  individuals with substance use disorders, for service providers
   56  which treat adolescents 13 years of age and older, service
   57  provider personnel whose background checks indicate crimes under
   58  s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s.
   59  831.01, s. 831.02, s. 893.13, or s. 893.147, and any related
   60  criminal attempt, solicitation, or conspiracy under s. 777.04,
   61  shall may be exempted from disqualification from employment
   62  pursuant to this paragraph.
   63         Section 2. Subsection (6) of section 397.487, Florida
   64  Statutes, is amended to read:
   65         397.487 Voluntary certification of recovery residences.—
   66         (6) All owners, directors, and chief financial officers of
   67  an applicant recovery residence are subject to level 2
   68  background screening as provided under s. 408.809 and chapter
   69  435. A recovery residence is ineligible for certification, and a
   70  credentialing entity shall deny a recovery residence’s
   71  application, if any owner, director, or chief financial officer
   72  has been found guilty of, or has entered a plea of guilty or
   73  nolo contendere to, regardless of adjudication, any offense
   74  listed in s. 408.809(4) or s. 435.04(2) unless the department
   75  has issued an exemption under s. 397.4073 or s. 397.4872. In
   76  accordance with s. 435.04, the department shall notify the
   77  credentialing agency of an owner’s, director’s, or chief
   78  financial officer’s eligibility based on the results of his or
   79  her background screening.
   80         Section 3. Section 397.4872, Florida Statutes, is amended
   81  to read:
   82         397.4872 Exemption from disqualification; Publication.—
   83         (1) Individual exemptions to staff disqualification or
   84  administrator ineligibility may be requested if a recovery
   85  residence deems the decision will benefit the program. Requests
   86  for exemptions must be submitted in writing to the department
   87  within 20 days after the denial by the credentialing entity and
   88  must include a justification for the exemption.
   89         (2) The department may exempt a person from ss. 397.487(6)
   90  and 397.4871(5) if it has been at least 3 years since the person
   91  has completed or been lawfully released from confinement,
   92  supervision, or sanction for the disqualifying offense. An
   93  exemption from the disqualifying offenses may not be given under
   94  any circumstances for any person who is a:
   95         (a) Sexual predator pursuant to s. 775.21;
   96         (b) Career offender pursuant to s. 775.261; or
   97         (c) Sexual offender pursuant to s. 943.0435, unless the
   98  requirement to register as a sexual offender has been removed
   99  pursuant to s. 943.04354.
  100         (3) By April 1, 2016, each credentialing entity shall
  101  submit a list to the department of all recovery residences and
  102  recovery residence administrators certified by the credentialing
  103  entity that hold a valid certificate of compliance. Thereafter,
  104  the credentialing entity must notify the department within 3
  105  business days after a new recovery residence or recovery
  106  residence administrator is certified or a recovery residence or
  107  recovery residence administrator’s certificate expires or is
  108  terminated. The department shall publish on its website a list
  109  of all recovery residences that hold a valid certificate of
  110  compliance. The department shall also publish on its website a
  111  list of all recovery residence administrators who hold a valid
  112  certificate of compliance. A recovery residence or recovery
  113  residence administrator shall be excluded from the list upon
  114  written request to the department by the listed individual or
  115  entity.
  116         Section 4. Present subsections (4), (5), and (6) of section
  117  397.4873, Florida Statutes, are redesignated as subsections (5),
  118  (6), and (7), respectively, a new subsection (4) is added to
  119  that section, and subsection (1) of that section is republished,
  120  to read:
  121         397.4873 Referrals to or from recovery residences;
  122  prohibitions; penalties.—
  123         (1) A service provider licensed under this part may not
  124  make a referral of a prospective, current, or discharged patient
  125  to, or accept a referral of such a patient from, a recovery
  126  residence unless the recovery residence holds a valid
  127  certificate of compliance as provided in s. 397.487 and is
  128  actively managed by a certified recovery residence administrator
  129  as provided in s. 397.4871.
  130         (4) In addition to any other punishment provided by law,
  131  any person who willfully and knowingly violates subsection (1)
  132  commits a misdemeanor of the first degree, punishable as
  133  provided in s. 775.082 or s. 775.083.
  134         Section 5. Paragraph (a) of subsection (3) of section
  135  817.505, Florida Statutes, is amended to read:
  136         817.505 Patient brokering prohibited; exceptions;
  137  penalties.—
  138         (3) This section shall not apply to the following payment
  139  practices:
  140         (a) Any discount, payment, waiver of payment, or payment
  141  practice not prohibited expressly authorized by 42 U.S.C. s.
  142  1320a-7b(b) 42 U.S.C. s. 1320a-7b(b)(3) or regulations
  143  promulgated adopted thereunder regardless of whether such
  144  discount, payment, waiver of payment, or payment practice
  145  involves items or services for which payment may be made in
  146  whole or in part under federal health care programs as defined
  147  in 42 U.S.C. s. 1320a-7b(f), as that definition exists on July
  148  1, 2020.
  149         Section 6. Subsection (5) of section 397.4871, Florida
  150  Statutes, is amended to read:
  151         397.4871 Recovery residence administrator certification.—
  152         (5) All applicants are subject to level 2 background
  153  screening as provided under chapter 435. An applicant is
  154  ineligible, and a credentialing entity shall deny the
  155  application, if the applicant has been found guilty of, or has
  156  entered a plea of guilty or nolo contendere to, regardless of
  157  adjudication, any offense listed in s. 408.809 or s. 435.04(2)
  158  unless the department has issued an exemption under s. 397.4073
  159  or s. 435.07 s. 397.4872. In accordance with s. 435.04, the
  160  department shall notify the credentialing agency of the
  161  applicant’s eligibility based on the results of his or her
  162  background screening.
  163         Section 7. Subsection (2) of section 435.07, Florida
  164  Statutes, is amended to read:
  165         435.07 Exemptions from disqualification.—Unless otherwise
  166  provided by law, the provisions of this section apply to
  167  exemptions from disqualification for disqualifying offenses
  168  revealed pursuant to background screenings required under this
  169  chapter, regardless of whether those disqualifying offenses are
  170  listed in this chapter or other laws.
  171         (2) Persons employed, or applicants for employment, by
  172  treatment providers who treat adolescents 13 years of age and
  173  older who are disqualified from employment solely because of
  174  crimes under s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s.
  175  817.563, s. 831.01, s. 831.02, s. 893.13, or s. 893.147, or any
  176  related criminal attempt, solicitation, or conspiracy under s.
  177  777.04, shall may be exempted from disqualification from
  178  employment pursuant to this chapter without application of the
  179  waiting period in subparagraph (1)(a)1.
  180         Section 8. This act shall take effect July 1, 2020.