The Human Services Subcommittee met on Thursday to hear updates on how well the state of Florida was doing in terms of providing its residents with access to mental health care and resources since the implementation of HB 7021.
The bill, titled the “Mental Health and Substance Abuse Act” and signed into law last year by Gov. Ron DeSantis, was authored and sponsored by Rep. Patt Maney (R-Okaloosa). It updated both the Baker and Marchman acts to enhance care and improve efficiency. Additionally, $50 million was appropriated to the Florida Department of Children and Families.
The bill allows certain psychiatric nurses to consult with guardian advocates for treatment consent and requires them to perform certain services.
The bill also enables a patient’s legal custodian to authorize the release of clinical records and allows counties to include alternative funding for patient transport in their plans.
The bill also modifies law enforcement protocols for taking individuals into custody for involuntary examination and mandates provision to minors’ guardians.
The bill also mandates the collection and analysis of specified reports by the Louis de la Parte Florida Mental Health Institute at the University of South Florida, with annual report publication requirements.
The bill also establishes the Office of Children’s Behavioral Health Ombudsman for complaint handling and system improvement recommendations.
Before members of the committee heard from the assistant secretary for Substance Abuse and Mental Health for DCF, Erica Floyd Thomas, Rep. Maney shared some words on the journey to creating the bill.
For over 14 years the former lawyer, judge and Army veteran said he had been trying to get a bill like HB 7021 passed in the Florida Legislature. After becoming injured during a tour in Afghanistan in 2006, he said he became more sensitive to the problems of people facing mental, physical, and substance use.
Maney said he realized the system as it stood wasn’t working under the existing Baker and Marchment acts, which attempted to allow for the involuntary treatment for people who are a danger to themselves or others, whether it be mental health issues or substance abuse.
“It was not a problem of DCF not wanting to be more effective,” Maney told the committee. “It was a problem with the law. And that’s one real takeaway that I think lingers today is we give some of these agencies responsibilities, but we don’t give them the money to create the programs and administer the programs to really meet the goals that we have given them.”
Following Maney’s opening statement, Thomas shared a presentation on how DCF was operating under HB 7021.
“For the last five years, we’ve seen a 20% reduction in our Baker Act statewide for all ages,” Thomas said. “Additionally, we’ve seen a 23% reduction for children age 13 through age 18. There are a number of services that are attributable to that reduction that we’re seeing one in, which is 988, the Florida Lifeline, because it has a 96% diversion rate from Baker Acts. Our mobile response teams, they have achieved an 80% diversion rate from Baker Jackson from crisis. We also have a system of care coordination. That care coordination allows for us to have an 86% diversion rate from crisis.”
Thomas also noted that HB 7021 could reduce the number of law enforcement imitations of the Baker Act.
“Historically, we saw law enforcement had 50% of the initiations for Baker Act,” Thomas said. “Definitely more than those of licensed professionals such as our psychiatrists, psychologists and our clinical social workers. So we know that this change will help to reduce that, as opposed to being obligated to have a person initiated for a Baker Act. You have the opportunity to use something else. Explore an alternative, such as a mobile response team.”
As for the allocation of the $50 million given to DCF, Thomas said $1.3 million is for the Ombudsman Office and for the regional collaboratives, while $48.3 millions is for the managing entities based on the size of their region.
Following Thomas’ presentation, she answered questions for about an hour from committee members.
Republican Rep. Michael Owen asked what metrics will DCF use to measure the success of the implementation of the changes with HB 7021.
Thomas answered that DCF would continue to track Baker Acts by county from the receiving facilities. When asked how much money from the $50 million had been used, Thomas said the information wasn’t available at the moment, but that the information would be given when available.
When asked how often managing entities would be required to provide that data to maintain accountability, Thomas said that the managing entities submit data on a quarterly or monthly basis through templates.
As DCF continues to monitor and analyze data, future reports will provide more insight into the long term impact of the legislation on mental health services in Florida, Thomas added.