Amendment SA4-SSA2-SB70

SB70-SSA2-SA4,150,12 801.02 (1) A Except as provided in s. 20.9315 (5) (b), a civil action in which a personal judgment is sought is commenced as to any defendant when a summons and a complaint naming the person as defendant are filed with the court, provided service of an authenticated copy of the summons and of the complaint is made upon the defendant under this chapter within 90 days after filing.

SB70-SSA2-SA4,172 Section 172 . 803.09 (1) of the statutes is amended to read:

SB70-SSA2-SA4,150,19 803.09 (1) Upon Except as provided in s. 20.9315, upon timely motion anyone shall be permitted to intervene in an action when the movant claims an interest relating to the property or transaction which is the subject of the action and the movant is so situated that the disposition of the action may as a practical matter impair or impede the movant's ability to protect that interest, unless the movant's interest is adequately represented by existing parties.

SB70-SSA2-SA4,173 Section 173 . 803.09 (2) of the statutes is amended to read:

SB70-SSA2-SA4,151,5 803.09 (2) Upon Except as provided in s. 20.9315, upon timely motion anyone may be permitted to intervene in an action when a movant's claim or defense and the main action have a question of law or fact in common. When a party to an action relies for ground of claim or defense upon any statute or executive order or rule administered by a federal or state governmental officer or agency or upon any regulation, order, rule, requirement or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely motion may be permitted to intervene in the action. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

SB70-SSA2-SA4,174 Section 174. 804.01 (2) (intro.) of the statutes is amended to read:

SB70-SSA2-SA4,151,9 804.01 (2) Scope of discovery. (intro.) Unless Except as provided in s. 20.9315 (9), and unless otherwise limited by order of the court in accordance with the provisions of this chapter, the scope of discovery is as follows:

SB70-SSA2-SA4,175 Section 175. 805.04 (1) of the statutes is amended to read:

SB70-SSA2-SA4,151,18 805.04 (1) By plaintiff; by stipulation. An Except as provided in sub. (2p), an action may be dismissed by the plaintiff without order of court by serving and filing a notice of dismissal at any time before service by an adverse party of responsive pleading or motion or by the filing of a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is not on the merits, except that a notice of dismissal operates as an adjudication on the merits when filed by a plaintiff who has once dismissed in any court an action based on or including the same claim.

SB70-SSA2-SA4,176 Section 176. 805.04 (2p) of the statutes is created to read:

SB70-SSA2-SA4,151,23 805.04 (2p) False claims. An action filed under s. 20.9315 may be dismissed only by order of the court. In determining whether to dismiss the action filed under s. 20.9315, the court shall take into account the best interests of the parties and the purposes of s. 20.9315.

SB70-SSA2-SA4,177 Section 177. 893.9815 of the statutes is created to read:

SB70-SSA2-SA4,152,3 893.9815 False claims. An action or claim under s. 20.9315 shall be commenced within 10 years after the cause of the action or claim accrues or be barred.”.

SB70-SSA2-SA4,152,4 187. Page 374, line 11: after that line insert:

SB70-SSA2-SA4,152,5 “ Section 9119. Nonstatutory provisions; Health Services.

SB70-SSA2-SA4,152,6 (4u) Complex patient pilot program.

SB70-SSA2-SA4,152,7 (a) In this subsection, “department” means the department of health services.

SB70-SSA2-SA4,152,12 (b) The department shall form an advisory group to assist with development and implementation of a complex patient pilot program. The secretary of health services, or his or her designee, shall be the chair of the advisory group. Members of the advisory group under this paragraph shall have clinical, financial, or administrative expertise in government programs, acute care, or post-acute care.

SB70-SSA2-SA4,152,15 (c) The department shall use its request-for-proposal procedure to select partnership groups to be designated as participating sites for the complex patient pilot program under this subsection.

SB70-SSA2-SA4,152,21 (d) The advisory group formed under this subsection shall develop a request for proposal for the complex patient pilot program that includes eligibility requirements. For purposes of the pilot program under this subsection, only partnerships of hospitals and post-acute facilities are eligible to submit proposals. An eligible partnership shall include at least one hospital and at least one post-acute facility, but may include more than one hospital or post-acute facility.

SB70-SSA2-SA4,152,24 (e) Each partnership group that applies to the department to be designated as a site for the complex patient pilot program shall specifically address all of the following issues:

SB70-SSA2-SA4,153,1 1. The number of beds that would be set aside in the post-acute facility.

SB70-SSA2-SA4,153,3 2. The goals of the partnership during the pilot program and after the pilot program.

SB70-SSA2-SA4,153,4 3. The types of complex patients for whom care would be provided.

SB70-SSA2-SA4,153,6 4. Expertise to successfully implement the proposal, including a discussion of at least all of the following issues:

SB70-SSA2-SA4,153,7 a. Experience of the partners working together.

SB70-SSA2-SA4,153,8 b. Plan for staffing the unit.

SB70-SSA2-SA4,153,9 c. Ability to electronically exchange health information.

SB70-SSA2-SA4,153,10 d. Clinical expertise.

SB70-SSA2-SA4,153,11 e. Hospital and post-acute facility survey history over the past 3 years.

SB70-SSA2-SA4,153,12 f. Acute care partner readmissions history over the past 3 years.

SB70-SSA2-SA4,153,13 g. Discharge planning and patient intake resources.

SB70-SSA2-SA4,153,18 h. Stability of finances to support the proposal, including matching funds that could be dedicated to the pilot program under this subsection. No applicant is required to provide matching funds or a contribution, but the advisory group and the department of health services may take into consideration the availability of matching funds or a contribution in evaluating an application.

SB70-SSA2-SA4,153,20 5. The per diem rate requested to adequately compensate the hospital or hospitals and the post-acute facility or facilities.

SB70-SSA2-SA4,153,21 6. A post-acute bed reserve rate.

SB70-SSA2-SA4,153,23 7. Anticipated impediments to successful implementation and how the applicant partnership group intends to overcome the anticipated impediments.

SB70-SSA2-SA4,153,24 (f) The advisory group formed under this subsection shall do all of the following:

SB70-SSA2-SA4,154,4 1. Determine and recommend to the department an amount of the funding budgeted for the complex patient pilot program under s. 20.435 (7) (d) to be reserved for reconciliation to ensure that participants in the pilot program are held harmless from unanticipated financial loss.

SB70-SSA2-SA4,154,11 2. Develop a methodology to evaluate the complex patient pilot program, including a recommendation on whether the department should contract with an independent organization to evaluate the complex patient pilot program. The department may contract with an independent organization to complete the evaluation described under this subdivision and, if the department does so, the department may pay the fee of the organization selected from the appropriation under s. 20.435 (7) (d).

SB70-SSA2-SA4,154,14 3. Make recommendations to the secretary of health services regarding which partnership groups should receive designation as a participating site for the complex patient pilot program.

SB70-SSA2-SA4,154,18 (g) 1. No later than 90 days after the effective date of this subdivision, the advisory group shall complete development of the request for proposal for partnership groups to be designated as participating sites in the complex patient pilot program and provide its recommendations to the secretary of health services.

SB70-SSA2-SA4,154,23 2. No later than 150 days after the effective date of this subdivision, the advisory group shall review all applications submitted in response to the request for proposal and select up to 4 partnership groups to recommend to the secretary of health services for designation as participating sites for the complex patient pilot program under this subsection.

SB70-SSA2-SA4,155,7 3. Between 6 months and 18 months after the effective date of this subdivision, the partnership groups designated by the department as participating sites in the complex patient pilot program shall implement the pilot program and meet quarterly with both the department and the advisory group or any independent organization hired by the department for the purpose of evaluating the pilot program to discuss experiences relating to the pilot program. From the appropriation under s. 20.435 (7) (d), the department shall provide payments to partnership groups designated as participating sites for care provided during the course of the pilot program under this subsection.

SB70-SSA2-SA4,155,12 4. No later than June 30, 2025, the advisory group or any independent organization hired by the department for the purpose of evaluating the complex patient pilot program shall complete and submit to the secretary of health services an evaluation of the complex patient pilot program under this subsection, including a written report and recommendations.

SB70-SSA2-SA4,9419 Section 9419. Effective dates; Health Services.

SB70-SSA2-SA4,155,15 (1u) Complex patient pilot program. The repeal of s. 20.435 (7) (d) takes effect on July 1, 2025.”.

SB70-SSA2-SA4,155,16 188. Page 374, line 11: after that line insert:

SB70-SSA2-SA4,155,18 “ Section 178. 49.45 (41) (a) of the statutes is renumbered 49.45 (41) (a) (intro.) and amended to read:

SB70-SSA2-SA4,155,21 49.45 (41) (a) (intro.) In this subsection, “crisis intervention services" means crisis intervention services for the treatment of mental illness, intellectual disability, substance abuse, and dementia that are provided by a any of the following:

SB70-SSA2-SA4,155,23 2. A crisis intervention program operated by, or under contract with, a county, if the county is certified as a medical assistance provider.

SB70-SSA2-SA4,179 Section 179. 49.45 (41) (a) 1. of the statutes is created to read:

SB70-SSA2-SA4,156,2 49.45 (41) (a) 1. A crisis urgent care and observation facility certified under s. 51.036.

SB70-SSA2-SA4,180 Section 180. 49.45 (41) (b) of the statutes is amended to read:

SB70-SSA2-SA4,156,12 49.45 (41) (b) If a county elects to become certified as a provider of crisis intervention services under par. (a) 2., the county may provide crisis intervention services under this subsection in the county to medical assistance recipients through the medical assistance program. A county that elects to provide the services shall pay the amount of the allowable charges for the services under the medical assistance program that is not provided by the federal government. The department shall reimburse the county under this subsection only for the amount of the allowable charges for those services under the medical assistance program that is provided by the federal government.

SB70-SSA2-SA4,181 Section 181. 49.45 (41) (c) (intro.) of the statutes is amended to read:

SB70-SSA2-SA4,156,17 49.45 (41) (c) (intro.) Notwithstanding par. (b), if a county elects, pursuant to par. (a) 2., to deliver crisis intervention services under the Medical Assistance program on a regional basis according to criteria established by the department, all of the following apply:

SB70-SSA2-SA4,182 Section 182. 49.45 (41) (d) of the statutes is created to read:

SB70-SSA2-SA4,156,25 49.45 (41) (d) The department shall request any necessary federal approval required to provide reimbursement to crisis urgent care and observation facilities certified under s. 51.036 for crisis intervention services under this subsection. If federal approval is granted or no federal approval is required, the department shall provide reimbursement under s. 49.46 (2) (b) 15. If federal approval is necessary but is not granted, the department may not provide reimbursement for crisis intervention services provided by crisis urgent care and observation facilities.

SB70-SSA2-SA4,183 Section 183. 51.036 of the statutes is created to read:

SB70-SSA2-SA4,157,3 51.036 Crisis urgent care and observation facilities. (1) Definitions. In this section:

SB70-SSA2-SA4,157,8 (a) “Crisis” means a situation caused by an individual's apparent mental or substance use disorder that results in a high level of stress or anxiety for the individual, persons providing care for the individual, or the public and that is not resolved by the available coping methods of the individual or by the efforts of those providing ordinary care or support for the individual.

SB70-SSA2-SA4,157,12 (b) “Crisis urgent care and observation facility” means a treatment facility that admits an individual to prevent, de-escalate, or treat the individual's mental health or substance use disorder and includes the necessary structure and staff to support the individual's needs relating to the mental health or substance use disorder.

SB70-SSA2-SA4,157,22 (2) Certification required; exemption. (a) The department shall establish a certification process for crisis urgent care and observation facilities and may establish criteria by rule for the certification of crisis urgent care and observation facilities. The department may limit the number of certifications it grants to operate crisis urgent care and observation facilities. No person may operate a crisis urgent care and observation facility without a certification under this section. The department shall establish by rule a process for crisis urgent care and observation facilities to apply to the department for certification of the facility for the receipt of funds for services provided as a benefit to a recipient under the Medical Assistance program.

SB70-SSA2-SA4,158,2 (b) A crisis urgent care and observation facility certified under this section is not subject to facility regulation under ch. 50, unless otherwise required due to the facility's licensure or certification for other services or purposes. A crisis urgent care and observation facility is not a hospital under s. 50.32 and nothing in this paragraph limits services a hospital may provide under s. 50.32.

SB70-SSA2-SA4,158,4 (c) A crisis urgent care and observation facility certified under this section shall do all of the following:

SB70-SSA2-SA4,158,8 1. Accept referrals for crisis services for both youths and adults, including involuntary patients under emergency detention, voluntary patients, walk-ins, and individuals brought by law enforcement, emergency medical responders, and other emergency medical services practitioners.

SB70-SSA2-SA4,158,10 2. Abstain from having a requirement for medical clearance before admission assessment.

SB70-SSA2-SA4,158,12 3. Provide assessments for physical health, substance use disorder, and mental health.

SB70-SSA2-SA4,158,13 4. Provide screens for suicide and violence risk.

SB70-SSA2-SA4,158,14 5. Provide medication management and therapeutic counseling.

SB70-SSA2-SA4,158,15 6. Provide coordination of services for basic needs.

SB70-SSA2-SA4,158,20 7. Have adequate staffing 24 hours a day, 7 days a week, with a multidisciplinary team including, as needed, psychiatrists or psychiatric nurse practitioners, nurses, licensed clinicians capable of completing assessments and providing necessary treatment, peers with lived experience, and other appropriate staff.

SB70-SSA2-SA4,158,24 8. Allow for voluntary and involuntary treatment of individuals in crisis as a means to avoid unnecessary placement of those individuals in hospital inpatient beds and allow for an effective conversion to voluntary stabilization when warranted in the same setting.

SB70-SSA2-SA4,159,5 (3) Admission. (a) A crisis urgent care and observation facility certified under this section may accept individuals for voluntary stabilization, observation and treatment, including for assessments for mental health or substance use disorder, screening for suicide and violence risk, and medication management and therapeutic counseling.

SB70-SSA2-SA4,159,12 (b) A crisis urgent care and observation facility certified under this section may accept individuals for emergency detention under s. 51.15 if the facility agrees to accept the individual. A county crisis assessment under s. 51.15 (2) (c) is required prior to acceptance of an individual for purposes of emergency detention at a crisis urgent care and observation facility certified under this section. Medical clearance is not required before admission, but the facility shall provide necessary medical services on site.

SB70-SSA2-SA4,159,15 (4) Grants. From the appropriation under s. 20.435 (5) (ck), the department shall award grants to individuals and entities to develop and support crisis urgent care and observation facilities under this section.

SB70-SSA2-SA4,159,25 (5) Rules. The department may promulgate rules to implement this section, including requirements for admitting and holding individuals for purposes of emergency detention. The department may promulgate the rules under this section as emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (c) and (2), a rule promulgated under this subsection may remain in effect for not more than 24 months. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.”.

SB70-SSA2-SA4,160,1 189. Page 374, line 11: after that line insert:

SB70-SSA2-SA4,160,2 “ Section 184. 46.48 (35) of the statutes is created to read:

SB70-SSA2-SA4,160,5 46.48 (35) Psychiatric residential treatment facilities. The department may distribute not more than $1,790,000 in each fiscal year to support psychiatric residential treatment facilities.

SB70-SSA2-SA4,185 Section 185. 49.46 (2) (b) 14c. of the statutes is created to read:

SB70-SSA2-SA4,160,8 49.46 (2) (b) 14c. Subject to par. (bv), services by a psychiatric residential treatment facility.

SB70-SSA2-SA4,186 Section 186. 49.46 (2) (bv) of the statutes is created to read:

SB70-SSA2-SA4,160,17 49.46 (2) (bv) The department shall submit to the federal department of health and human services any request for a state plan amendment, waiver, or other federal approval necessary to provide reimbursement for services by a psychiatric residential treatment facility. If the federal department of health and human services approves the request or if no federal approval is necessary, the department shall provide reimbursement under par. (b) 14c. If the federal department of health and human services disapproves the request, the department may not provide reimbursement for services under par. (b) 14c.

SB70-SSA2-SA4,187 Section 187. 51.044 of the statutes is created to read:

SB70-SSA2-SA4,160,24 51.044 Psychiatric residential treatment facilities. (1) Definition. In this section, “psychiatric residential treatment facility” is a non-hospital facility that provides inpatient comprehensive mental health treatment services to individuals under the age of 21 who, due to mental illness, substance use, or severe emotional disturbance, need treatment that can most effectively be provided in a residential treatment facility.

SB70-SSA2-SA4,161,4 (2) Certification required; exemption. (a) No person may operate a psychiatric residential treatment facility without a certification from the department. The department may limit the number of certifications it grants to operate a psychiatric residential treatment facility.

SB70-SSA2-SA4,161,6 (b) A psychiatric residential treatment facility that has a certification from the department under this section is not subject to facility regulation under ch. 48.

SB70-SSA2-SA4,161,7 (3) Rules. The department may promulgate rules to implement this section.