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.