Florida Senate - 2012                (Corrected Copy)    SB 1990
       
       
       
       By the Committee on Budget
       
       
       
       
       576-03466A-12                                         20121990__
    1                        A bill to be entitled                      
    2         An act relating to developmental disabilities;
    3         amending s. 393.063, F.S.; redefining the term
    4         “support coordinator”; amending s. 393.0661, F.S.;
    5         requiring that the Agency for Persons with
    6         Disabilities review a waiver support coordinator’s
    7         performance to ensure that the support coordinator
    8         meets or exceeds criteria established by the agency;
    9         providing responsibilities of the support coordinator;
   10         providing that the waiver is the funding source of
   11         last resort for client services; requiring that the
   12         agency’s area offices conduct and manage the provider
   13         agreements with the waiver support coordinators and
   14         the performance reviews; providing criteria for
   15         evaluating a support coordinator’s performance;
   16         authorizing the agency to recognize superior
   17         performance by exempting a waiver support coordinator
   18         from annual quality assurance reviews or other
   19         mechanisms established by the agency; authorizing the
   20         agency to issue sanctions for poor performance;
   21         authorizing the agency to adopt rules; conforming a
   22         cross-reference; amending s. 393.0662, F.S.;
   23         conforming provisions to changes made by the act;
   24         providing that funds appropriated to the agency shall
   25         be allocated through the iBudget system to eligible,
   26         Medicaid-enrolled clients who have a developmental
   27         disability and not only Down syndrome; providing that
   28         a client has the flexibility to determine the type,
   29         amount, frequency, duration, and scope of the services
   30         on his or her cost plan if certain criteria are met;
   31         requiring that the agency determine the client’s
   32         initial iBudget amount; requiring that the area office
   33         review the amount of funding needed to address each
   34         client’s extraordinary needs in order to determine the
   35         medical necessity for each service in the amount,
   36         duration, frequency, intensity, and scope that meets
   37         the client’s needs; requiring that the agency to
   38         consider certain factors of the individual which may
   39         affect the level of services needed; requiring that
   40         the client’s medical necessity review include a
   41         comparison of client’s algorithm allocation, cost
   42         plan, and extraordinary needs; providing certain
   43         requirements for an client’s initial annualized
   44         iBudget amount; authorizing increases to an client’s
   45         initial iBudget amount under certain circumstances
   46         during specified fiscal years; deleting a provision
   47         regarding the phasing-in process of the iBudget
   48         system; requiring a client to use all available
   49         nonwaiver services before using funds from his or her
   50         iBudget to pay for support and services; creating s.
   51         393.28, F.S.; requiring that the agency adopt and
   52         enforce certain sanitation standards to protect
   53         individuals served in facilities licensed or regulated
   54         by the agency; requiring that the agency inspect or
   55         contract for the inspection of those facilities;
   56         authorizing the agency to adopt rules; requiring that
   57         the agency defer to certain preexisting standards if
   58         rules are not adopted; authorizing the agency to
   59         consult with the Department of Health, the Agency for
   60         Health Care Administration, the Department of Business
   61         and Professional Regulation, and the Department of
   62         Agriculture and Consumer Services concerning
   63         procedures related to the storage, preparation,
   64         serving, or display of food and procedures related to
   65         the detection and prevention of diseases caused by
   66         certain factors in the environment; authorizing the
   67         agency to impose sanctions against certain
   68         establishments or operators for violation of sanitary
   69         standards; authorizing the agency to contract with
   70         another entity for food service protection and
   71         inspection services; providing an effective date.
   72  
   73  Be It Enacted by the Legislature of the State of Florida:
   74  
   75         Section 1. Subsection (37) of section 393.063, Florida
   76  Statutes, is amended to read:
   77         393.063 Definitions.—For the purposes of this chapter, the
   78  term:
   79         (37) “Support coordinator” means a person who is
   80  contracting with designated by the agency to assist clients
   81  individuals and families in identifying their capacities, needs,
   82  and resources, as well as finding and gaining access to
   83  necessary supports and services; locating or developing
   84  employment opportunities; coordinating the delivery of supports
   85  and services; advocating on behalf of the client individual and
   86  family; maintaining relevant records; and monitoring and
   87  evaluating the delivery of supports and services to determine
   88  the extent to which they meet the needs and expectations
   89  identified by the client individual, family, and others who
   90  participated in the development of the support plan.
   91         Section 2. Present subsections (8), (9), and (10) of
   92  section 393.0661, Florida Statutes, are redesignated as
   93  subsections (9), (10), and (11), respectively, present
   94  subsection (9) is amended, and a new subsection (8) is added to
   95  that section, to read:
   96         393.0661 Home and community-based services delivery system;
   97  comprehensive redesign.—The Legislature finds that the home and
   98  community-based services delivery system for persons with
   99  developmental disabilities and the availability of appropriated
  100  funds are two of the critical elements in making services
  101  available. Therefore, it is the intent of the Legislature that
  102  the Agency for Persons with Disabilities shall develop and
  103  implement a comprehensive redesign of the system.
  104         (8) In determining whether to continue a Medicaid waiver
  105  provider agreement for support coordinator services, the agency
  106  shall review the performance of the waiver support coordinator
  107  to ensure that the support coordinator meets or exceeds the
  108  criteria established by the agency. The support coordinator is
  109  responsible for assisting the client in meeting his or her
  110  service needs through nonwaiver resources, as well as through
  111  the client’s budget allocation or cost plan under the waiver.
  112  The waiver is the funding source of last resort for client
  113  services. The agency’s area offices shall conduct and manage the
  114  provider agreements with the waiver support coordinators and the
  115  performance reviews.
  116         (a) Criteria for evaluating a support coordinator’s
  117  performance must include, but are not limited to:
  118         1. The protection of the health and safety of clients.
  119         2. The assistance provided to clients in obtaining
  120  employment and pursuing other meaningful activities.
  121         3. The assistance provided to clients in accessing services
  122  that allow them to live in their community.
  123         4. The use of family resources.
  124         5. The use of private resources.
  125         6. The use of community resources.
  126         7. The use of charitable resources.
  127         8. The use of volunteer resources.
  128         9. The use of services from other governmental entities.
  129         10. The overall outcome in securing nonwaiver resources.
  130         11. The cost-effective use of waiver resources.
  131         12. The coordination of all available resources to ensure
  132  that clients’ outcomes are met.
  133         (b) The agency may recognize consistently superior
  134  performance by exempting a waiver support coordinator from
  135  annual quality assurance reviews or other mechanisms established
  136  by the agency. The agency may issue sanctions for poor
  137  performance, including, but not limited to, a reduction in
  138  caseload size, recoupment or other financial penalties, and
  139  termination of the waiver support coordinator’s provider
  140  agreement. The agency may adopt rules to administer this
  141  subsection.
  142         (10)(9) The Agency for Persons with Disabilities shall
  143  submit quarterly status reports to the Executive Office of the
  144  Governor, the chair of the Senate Ways and Means Committee or
  145  its successor, and the chair of the House Fiscal Council or its
  146  successor regarding the financial status of home and community
  147  based services, including the number of enrolled individuals who
  148  are receiving services through one or more programs; the number
  149  of individuals who have requested services who are not enrolled
  150  but who are receiving services through one or more programs,
  151  with a description indicating the programs from which the
  152  individual is receiving services; the number of individuals who
  153  have refused an offer of services but who choose to remain on
  154  the list of individuals waiting for services; the number of
  155  individuals who have requested services but who are receiving no
  156  services; a frequency distribution indicating the length of time
  157  individuals have been waiting for services; and information
  158  concerning the actual and projected costs compared to the amount
  159  of the appropriation available to the program and any projected
  160  surpluses or deficits. If at any time an analysis by the agency,
  161  in consultation with the Agency for Health Care Administration,
  162  indicates that the cost of services is expected to exceed the
  163  amount appropriated, the agency shall submit a plan in
  164  accordance with subsection (9) (8) to the Executive Office of
  165  the Governor, the chair of the Senate Ways and Means Committee
  166  or its successor, and the chair of the House Fiscal Council or
  167  its successor to remain within the amount appropriated. The
  168  agency shall work with the Agency for Health Care Administration
  169  to implement the plan so as to remain within the appropriation.
  170         Section 3. Section 393.0662, Florida Statutes, is amended
  171  to read:
  172         393.0662 Individual budgets for delivery of home and
  173  community-based services; iBudget system established.—The
  174  Legislature finds that improved financial management of the
  175  existing home and community-based Medicaid waiver program is
  176  necessary to avoid deficits that impede the provision of
  177  services to individuals who are on the waiting list for
  178  enrollment in the program. The Legislature further finds that
  179  clients and their families should have greater flexibility to
  180  choose the services that best allow them to live in their
  181  community within the limits of an established budget. Therefore,
  182  the Legislature intends that the agency, in consultation with
  183  the Agency for Health Care Administration, develop and implement
  184  a comprehensive redesign of the service delivery system using
  185  individual budgets as the basis for allocating the funds
  186  appropriated for the home and community-based services Medicaid
  187  waiver program among eligible enrolled clients. The service
  188  delivery system that uses individual budgets shall be called the
  189  iBudget system.
  190         (1) The agency shall establish an individual budget, to be
  191  referred to as an iBudget, for each client individual served by
  192  the home and community-based services Medicaid waiver program.
  193  The funds appropriated to the agency shall be allocated through
  194  the iBudget system to eligible, Medicaid-enrolled clients who
  195  have. For the iBudget system, eligible clients shall include
  196  individuals with a diagnosis of Down syndrome or a developmental
  197  disability as defined in s. 393.063. The iBudget system shall be
  198  designed to provide for: enhanced client choice within a
  199  specified service package; appropriate assessment strategies; an
  200  efficient consumer budgeting and billing process that includes
  201  reconciliation and monitoring components; a redefined role for
  202  support coordinators which that avoids potential conflicts of
  203  interest; a flexible and streamlined service review process; and
  204  a methodology and process that ensures the equitable allocation
  205  of available funds to each client based on the client’s level of
  206  need, as determined by the variables in the allocation
  207  algorithm.
  208         (2)(a) In developing each client’s iBudget, the agency
  209  shall use an allocation algorithm and methodology.
  210         (a) The algorithm shall use variables that have been
  211  determined by the agency to have a statistically validated
  212  relationship to the client’s level of need for services provided
  213  through the home and community-based services Medicaid waiver
  214  program. The algorithm and methodology may consider individual
  215  characteristics, including, but not limited to, a client’s age
  216  and living situation, information from a formal assessment
  217  instrument that the agency determines is valid and reliable, and
  218  information from other assessment processes.
  219         (b) The allocation methodology shall provide the algorithm
  220  that determines the amount of funds allocated to a client’s
  221  iBudget. The agency may approve an increase in the amount of
  222  funds allocated, as determined by the algorithm, based on the
  223  client having one or more of the following needs that cannot be
  224  accommodated within the funding as determined by the algorithm
  225  allocation and having no other resources, supports, or services
  226  available to meet such needs the need:
  227         1. An extraordinary need that would place the health and
  228  safety of the client, the client’s caregiver, or the public in
  229  immediate, serious jeopardy unless the increase is approved. An
  230  extraordinary need may include, but is not limited to:
  231         a. A documented history of significant, potentially life
  232  threatening behaviors, such as recent attempts at suicide,
  233  arson, nonconsensual sexual behavior, or self-injurious behavior
  234  requiring medical attention;
  235         b. A complex medical condition that requires active
  236  intervention by a licensed nurse on an ongoing basis that cannot
  237  be taught or delegated to a nonlicensed person;
  238         c. A chronic comorbid condition. As used in this
  239  subparagraph, the term “comorbid condition” means a medical
  240  condition existing simultaneously but independently with another
  241  medical condition in a patient; or
  242         d. A need for total physical assistance with activities
  243  such as eating, bathing, toileting, grooming, and personal
  244  hygiene.
  245  
  246  However, the presence of an extraordinary need alone does not
  247  warrant an increase in the amount of funds allocated to a
  248  client’s iBudget as determined by the algorithm.
  249         2. A significant need for one-time or temporary support or
  250  services that, if not provided, would place the health and
  251  safety of the client, the client’s caregiver, or the public in
  252  serious jeopardy, unless the increase is approved. A significant
  253  need may include, but is not limited to, the provision of
  254  environmental modifications, durable medical equipment, services
  255  to address the temporary loss of support from a caregiver, or
  256  special services or treatment for a serious temporary condition
  257  when the service or treatment is expected to ameliorate the
  258  underlying condition. As used in this subparagraph, the term
  259  “temporary” means less a period of fewer than 12 continuous
  260  months. However, the presence of such significant need for one
  261  time or temporary supports or services alone does not warrant an
  262  increase in the amount of funds allocated to a client’s iBudget
  263  as determined by the algorithm.
  264         3. A significant increase in the need for services after
  265  the beginning of the service plan year which that would place
  266  the health and safety of the client, the client’s caregiver, or
  267  the public in serious jeopardy because of substantial changes in
  268  the client’s circumstances, including, but not limited to,
  269  permanent or long-term loss or incapacity of a caregiver, loss
  270  of services authorized under the state Medicaid plan due to a
  271  change in age, or a significant change in medical or functional
  272  status which requires the provision of additional services on a
  273  permanent or long-term basis which that cannot be accommodated
  274  within the client’s current iBudget. As used in this
  275  subparagraph, the term “long-term” means a period of 12 or more
  276  continuous months. However, such significant increase in need
  277  for services of a permanent or long-term nature alone does not
  278  warrant an increase in the amount of funds allocated to a
  279  client’s iBudget as determined by the algorithm.
  280  
  281  The agency shall reserve portions of the appropriation for the
  282  home and community-based services Medicaid waiver program for
  283  adjustments required pursuant to this paragraph and may use the
  284  services of an independent actuary in determining the amount of
  285  the portions to be reserved.
  286         (c) A client’s iBudget shall be the total of the amount
  287  determined by the algorithm and any additional funding provided
  288  pursuant to paragraph (b).
  289         (d) A client shall have the flexibility to determine the
  290  type, amount, frequency, duration, and scope of the services on
  291  his or her cost plan if the agency determines that such services
  292  meet his or her health and safety needs, meet the requirements
  293  contained in the Coverage and Limitations Handbook for each
  294  service included on the cost plan, and comply with the other
  295  requirements of this section.
  296         (e) A client’s annual expenditures for home and community
  297  based services Medicaid waiver services may not exceed the
  298  limits of his or her iBudget. The total of all clients’
  299  projected annual iBudget expenditures may not exceed the
  300  agency’s appropriation for waiver services.
  301         (3)(2) The Agency for Health Care Administration, in
  302  consultation with the agency, shall seek federal approval to
  303  amend current waivers, request a new waiver, and amend contracts
  304  as necessary to implement the iBudget system to serve eligible,
  305  enrolled clients through the home and community-based services
  306  Medicaid waiver program and the Consumer-Directed Care Plus
  307  Program.
  308         (4)(3) The agency shall transition all eligible, enrolled
  309  clients to the iBudget system. The agency may gradually phase in
  310  the iBudget system.
  311         (a) During the transition, the agency shall determine an
  312  client’s initial iBudget amount by comparing the client’s
  313  algorithm allocation to the client’s current annual cost plan
  314  and the client’s extraordinary needs. The client’s algorithm
  315  allocation is the amount determined by the algorithm, adjusted
  316  to the agency’s appropriation and any set-asides determined
  317  necessary by the agency, including, but not limited to, funding
  318  for individuals who have extraordinary needs as delineated in
  319  paragraph (2)(b). The area office shall review the amount of
  320  funding needed to address the each client’s extraordinary needs
  321  in order to determine the medical necessity for each service in
  322  the amount, duration, frequency, intensity, and scope that meets
  323  the client’s needs. The agency shall consider the client’s
  324  characteristics based on a needs assessment as well as the
  325  client’s living setting, availability of natural supports,
  326  family circumstances, and other factors that may affect the
  327  level of service needed.
  328         (b) The client’s medical-necessity review must include a
  329  comparison of the following:
  330         1. If the client’s algorithm allocation is greater than the
  331  individual cost plan, the client’s initial iBudget shall be
  332  equal to the total cost plan amount.
  333         2. If the client’s algorithm allocation is less than the
  334  client’s cost plan but is greater than the amount for the
  335  client’s extraordinary needs, the client’s initial iBudget shall
  336  be equal to the algorithm allocation.
  337         3. If the client’s algorithm allocation is less than the
  338  amount for the client’s extraordinary needs, the client’s
  339  initial iBudget shall be equal to the amount for the client’s
  340  extraordinary needs.
  341  
  342  The client’s initial annualized iBudget amount may not be less
  343  than 50 percent of that client’s existing annualized cost plan.
  344  If the client’s initial iBudget is less than the client’s
  345  current cost plan, and is within $1,000 of the current cost
  346  plan, the agency may adjust the iBudget to equal the cost plan
  347  amount.
  348         (c) During the 2011-2012 and 2012-2013 fiscal years,
  349  increases to an client’s initial iBudget amount may be granted
  350  only if a significant change in circumstances has occurred and
  351  if the criteria for extraordinary needs as described in
  352  paragraph (2)(b) are met.
  353         (d)(a) While the agency phases in the iBudget system, the
  354  agency may continue to serve eligible, enrolled clients under
  355  the four-tiered waiver system established under s. 393.065 while
  356  those clients await transitioning to the iBudget system.
  357         (b) The agency shall design the phase-in process to ensure
  358  that a client does not experience more than one-half of any
  359  expected overall increase or decrease to his or her existing
  360  annualized cost plan during the first year that the client is
  361  provided an iBudget due solely to the transition to the iBudget
  362  system.
  363         (5)(4) A client must use all available nonwaiver services
  364  authorized under the state Medicaid plan, school-based services,
  365  private insurance and other benefits, and any other resources
  366  that may be available to the client before using funds from his
  367  or her iBudget to pay for support and services.
  368         (6)(5) The service limitations in s. 393.0661(3)(f)1., 2.,
  369  and 3. do not apply to the iBudget system.
  370         (7)(6) Rates for any or all services established under
  371  rules of the Agency for Health Care Administration must shall be
  372  designated as the maximum rather than a fixed amount for clients
  373  individuals who receive an iBudget, except for services
  374  specifically identified in those rules that the agency
  375  determines are not appropriate for negotiation, which may
  376  include, but are not limited to, residential habilitation
  377  services.
  378         (8)(7) The agency shall ensure that clients and caregivers
  379  have access to training and education that informs to inform
  380  them about the iBudget system and enhances enhance their ability
  381  for self-direction. Such training must be provided shall be
  382  offered in a variety of formats and, at a minimum, must shall
  383  address the policies and processes of the iBudget system; the
  384  roles and responsibilities of consumers, caregivers, waiver
  385  support coordinators, providers, and the agency; information
  386  that is available to help the client make decisions regarding
  387  the iBudget system; and examples of nonwaiver support and
  388  resources that may be available in the community.
  389         (9)(8) The agency shall collect data to evaluate the
  390  implementation and outcomes of the iBudget system.
  391         (10)(9) The agency and the Agency for Health Care
  392  Administration may adopt rules specifying the allocation
  393  algorithm and methodology; criteria and processes that allow for
  394  clients to access reserved funds for extraordinary needs,
  395  temporarily or permanently changed needs, and one-time needs;
  396  and processes and requirements for the selection and review of
  397  services, development of support and cost plans, and management
  398  of the iBudget system as needed to administer this section.
  399         Section 4. Section 393.28, Florida Statutes, is created to
  400  read:
  401         393.28Food service and environmental health protection and
  402  inspection.—
  403         (1)AUTHORITY.—
  404         (a)The Agency for Persons with Disabilities shall adopt
  405  and enforce sanitation standards related to food-borne illnesses
  406  and environmental sanitation hazards to ensure the protection of
  407  individuals served in facilities licensed or regulated by the
  408  agency under s. 393.067 by inspecting or contracting for the
  409  inspection of those facilities.
  410         (b)The agency may develop rules to administer this
  411  section. In the absence of rules, the agency shall defer to
  412  preexisting standards related to environmental health
  413  inspections of group care facilities as described in s. 381.006,
  414  preexisting standards related to food service establishments as
  415  described in s. 381.0072, and the rules relevant to these
  416  provisions.
  417         (c)Rules under this section may provide additional or
  418  alternative standards to those referenced in paragraph (b), and
  419  may include sanitation requirements for the storage,
  420  preparation, and serving of food, as well as sanitation
  421  requirements to detect and prevent disease caused by natural and
  422  manmade factors in the environment.
  423         (2)CONSULTATION.—The agency may consult with the
  424  Department of Health, the Agency for Health Care Administration,
  425  the Department of Business and Professional Regulation, and the
  426  Department of Agriculture and Consumer Services concerning
  427  procedures related to the storage, preparation, serving, or
  428  display of food and procedures related to the detection and
  429  prevention of diseases caused by natural and manmade factors in
  430  the environment.
  431         (3) LICENSING SANCTIONS; PROCEDURES.The agency may impose
  432  sanctions pursuant to s. 393.0673 against any establishment or
  433  operator licensed under s. 393.067 for violations of sanitary
  434  standards.
  435         (4)CONTRACTING.—The agency may contract with another
  436  entity for the provision of food service protection and
  437  inspection services.
  438         Section 5. This act shall take effect July 1, 2012.