Florida Senate - 2014 SB 872
By Senator Richter
23-01006-14 2014872__
1 A bill to be entitled
2 An act relating to Alzheimer’s disease; amending s.
3 120.80, F.S.; exempting grant programs administered by
4 the Alzheimer’s Disease Research Grant Advisory Board
5 from the Administrative Procedure Act; amending s.
6 252.355, F.S.; requiring the Division of Emergency
7 Management, in coordination with local emergency
8 management agencies, to maintain a registry of persons
9 with special needs; requiring the division to develop
10 and maintain a special needs shelter registration
11 program; requiring specified agencies and authorizing
12 specified health care providers to provide
13 registration information to special needs clients or
14 their caregivers and to assist emergency management
15 agencies in registering persons for special needs
16 shelters; amending s. 381.0303, F.S.; providing
17 additional staffing requirements for special needs
18 shelters; requiring special needs shelters to
19 establish designated shelter areas for persons with
20 Alzheimer’s disease or related forms of dementia;
21 authorizing the Department of Health, in coordination
22 with the division, to adopt rules relating to
23 standards for the special needs registration program;
24 creating s. 381.82, F.S.; establishing the Ed and
25 Ethel Moore Alzheimer’s Disease Research Program
26 within the department; requiring the program to
27 provide grants and fellowships for research relating
28 to Alzheimer’s disease; creating the Alzheimer’s
29 Disease Research Grant Advisory Board; providing for
30 appointment and terms of members; providing for
31 organization, duties, and operating procedures of the
32 board; requiring the department to provide staff to
33 assist the board in carrying out its duties; requiring
34 the board to annually submit recommendations for
35 proposals to be funded; requiring a report to the
36 Governor, Legislature, and State Surgeon General;
37 providing that implementation of the program is
38 subject to appropriation; amending s. 430.502, F.S.;
39 requiring the Department of Elderly Affairs to develop
40 minimum performance standards for memory disorder
41 clinics to receive base-level annual funding;
42 requiring the department to provide incentive-based
43 funding, subject to appropriation, for certain memory
44 disorder clinics; providing an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Subsection (15) of section 120.80, Florida
49 Statutes, is amended to read:
50 120.80 Exceptions and special requirements; agencies.—
51 (15) DEPARTMENT OF HEALTH.—
52 (a) Notwithstanding s. 120.57(1)(a), formal hearings may
53 not be conducted by the State Surgeon General, the Secretary of
54 Health Care Administration, or a board or member of a board
55 within the Department of Health or the Agency for Health Care
56 Administration for matters relating to the regulation of
57 professions, as defined by chapter 456. Notwithstanding s.
58 120.57(1)(a), hearings conducted within the Department of Health
59 in execution of the Special Supplemental Nutrition Program for
60 Women, Infants, and Children; Child Care Food Program;
61 Children’s Medical Services Program; the Brain and Spinal Cord
62 Injury Program; and the exemption from disqualification reviews
63 for certified nurse assistants program need not be conducted by
64 an administrative law judge assigned by the division. The
65 Department of Health may contract with the Department of
66 Children and Families Family Services for a hearing officer in
67 these matters.
68 (b) This chapter does not apply to grant programs
69 administered by the Alzheimer’s Disease Research Grant Advisory
70 Board pursuant to s. 381.82.
71 Section 2. Section 252.355, Florida Statutes, is amended to
72 read:
73 252.355 Registry of persons with special needs; notice;
74 registration program.—
75 (1) In order to meet the special needs of persons who would
76 need assistance during evacuations and sheltering because of
77 physical, mental, cognitive impairment, or sensory disabilities,
78 the division, in coordination with each local emergency
79 management agency in the state, shall maintain a registry of
80 persons with special needs located within the jurisdiction of
81 the local agency. The registration shall identify those persons
82 in need of assistance and plan for resource allocation to meet
83 those identified needs.
84 (2) In order to ensure that all persons with special needs
85 may register, the division shall develop and maintain a special
86 needs shelter registration program.
87 (a) The registration program shall include, at a minimum, a
88 uniform electronic registration form and a database for
89 uploading and storing submitted registration forms which may be
90 accessed by the appropriate local emergency management agency.
91 The link to the registration form shall be easily accessible on
92 each local emergency management agency’s website. Upon receipt
93 of a paper registration form, the local emergency management
94 agency shall enter the person’s registration information into
95 the database.
96 (b) To assist the local emergency management agency in
97 identifying such persons with special needs, home health
98 agencies, hospices, nurse registries, home medical equipment
99 providers, the Department of Children and Families Family
100 Services, the Department of Health, the Agency for Health Care
101 Administration, the Department of Education, the Agency for
102 Persons with Disabilities, the and Department of Elderly
103 Affairs, and memory disorder clinics shall, and any physician
104 licensed under chapter 458 or chapter 459 and any pharmacy
105 licensed under chapter 465 may, annually shall provide
106 registration information to all of their special needs clients
107 or their caregivers and to all persons with special needs who
108 receive services. The division shall develop a brochure that
109 provides information regarding special needs shelter
110 registration procedures. The brochure shall be published on the
111 division’s website. All appropriate agencies and community-based
112 service providers, including memory disorder clinics, home
113 health care providers, hospices, nurse registries, and home
114 medical equipment providers shall, and any physician licensed
115 under chapter 458 or chapter 459 may, assist emergency
116 management agencies by annually registering persons with special
117 needs for special needs shelters, collecting registration
118 information for persons with special needs as part of the
119 program intake process, and establishing programs to educate
120 clients about the registration process and disaster preparedness
121 safety procedures. A client of a state-funded or federally
122 funded service program who has a physical, mental, or cognitive
123 impairment or sensory disability and who needs assistance in
124 evacuating or while in a shelter must register as a person with
125 special needs. The registry shall be updated annually. The
126 registration program shall give persons with special needs the
127 option of preauthorizing emergency response personnel to enter
128 their homes during search and rescue operations if necessary to
129 ensure assure their safety and welfare following disasters.
130 (c)(2) The division shall be the designated lead agency
131 responsible for community education and outreach to the public,
132 including special needs clients, regarding registration and
133 special needs shelters and general information regarding shelter
134 stays.
135 (d)(4)(a) On or before May 31 of each year, each electric
136 utility in the state shall annually notify residential customers
137 in its service area of the availability of the registration
138 program available through their local emergency management
139 agency by:
140 1. An initial notification upon the activation of new
141 residential service with the electric utility, followed by one
142 annual notification between January 1 and May 31; or
143 2. Two separate annual notifications between January 1 and
144 May 31.
145
146 (b) The notification may be made by any available means,
147 including, but not limited to, written, electronic, or verbal
148 notification, and may be made concurrently with any other
149 notification to residential customers required by law or rule.
150 (3) A person with special needs must be allowed to bring
151 his or her service animal into a special needs shelter in
152 accordance with s. 413.08.
153 (4)(5) All records, data, information, correspondence, and
154 communications relating to the registration of persons with
155 special needs as provided in subsection (1) are confidential and
156 exempt from the provisions of s. 119.07(1), except that such
157 information shall be available to other emergency response
158 agencies, as determined by the local emergency management
159 director. Local law enforcement agencies shall be given complete
160 shelter roster information upon request.
161 (6) All appropriate agencies and community-based service
162 providers, including home health care providers, hospices, nurse
163 registries, and home medical equipment providers, shall assist
164 emergency management agencies by collecting registration
165 information for persons with special needs as part of program
166 intake processes, establishing programs to increase the
167 awareness of the registration process, and educating clients
168 about the procedures that may be necessary for their safety
169 during disasters. Clients of state or federally funded service
170 programs with physical, mental, cognitive impairment, or sensory
171 disabilities who need assistance in evacuating, or when in
172 shelters, must register as persons with special needs.
173 Section 3. Present subsections (3) through (7) of section
174 381.0303, Florida Statutes, are redesignated as subsections (4)
175 through (8), respectively, paragraph (b) of subsection (2) and
176 present subsection (6) are amended, and a new subsection (3) is
177 added to that section, to read:
178 381.0303 Special needs shelters.—
179 (2) SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY
180 ASSISTANCE.—If funds have been appropriated to support disaster
181 coordinator positions in county health departments:
182 (b) County health departments shall, in conjunction with
183 the local emergency management agencies, have the lead
184 responsibility for coordination of the recruitment of health
185 care practitioners to staff local special needs shelters. County
186 health departments shall assign their employees to work in
187 special needs shelters when those employees are needed to
188 protect the health and safety of persons with special needs.
189 County governments shall assist the department with nonmedical
190 staffing and the operation of special needs shelters. The local
191 health department and emergency management agency shall
192 coordinate these efforts to ensure appropriate staffing in
193 special needs shelters, including a staff member who is familiar
194 with the needs of persons with Alzheimer’s disease.
195 (3) SPECIAL CARE FOR PERSONS WITH ALZHEIMER’S DISEASE OR
196 RELATED FORMS OF DEMENTIA.—All special needs shelters must
197 establish designated shelter areas for persons with Alzheimer’s
198 disease or related forms of dementia to enable those persons to
199 maintain their normal habits and routines to the greatest extent
200 possible.
201 (7)(6) RULES.—The department, in coordination with the
202 Division of Emergency Management, may has the authority to adopt
203 rules necessary to implement this section. Rules shall include:
204 (a) The definition of a “person with special needs,”
205 including eligibility criteria for individuals with physical,
206 mental, cognitive impairment, or sensory disabilities and the
207 services a person with special needs can expect to receive in a
208 special needs shelter.
209 (b) The process for special needs shelter health care
210 practitioners and facility reimbursement for services provided
211 in a disaster.
212 (c) Guidelines for special needs shelter staffing levels to
213 provide services.
214 (d) The definition of and standards for special needs
215 shelter supplies and equipment, including durable medical
216 equipment.
217 (e) Standards for the special needs shelter registration
218 program process, including all necessary forms and guidelines
219 for addressing the needs of unregistered persons in need of a
220 special needs shelter.
221 (f) Standards for addressing the needs of families where
222 only one dependent is eligible for admission to a special needs
223 shelter and the needs of adults with special needs who are
224 caregivers for individuals without special needs.
225 (g) The requirement of the county health departments to
226 seek the participation of hospitals, nursing homes, assisted
227 living facilities, home health agencies, hospice providers,
228 nurse registries, home medical equipment providers, dialysis
229 centers, and other health and medical emergency preparedness
230 stakeholders in pre-event planning activities.
231 Section 4. Section 381.82, Florida Statutes, is created to
232 read:
233 381.82 Ed and Ethel Moore Alzheimer’s Disease Research
234 Program.—
235 (1) There is established the Ed and Ethel Moore Alzheimer’s
236 Disease Research Program within the Department of Health. The
237 purpose of the program is to fund research leading to prevention
238 of or a cure for Alzheimer’s disease. The long-term goals of the
239 program are to:
240 (a) Enhance the health of Floridians by researching
241 improved prevention, diagnosis, treatment, and cure of
242 Alzheimer’s disease.
243 (b) Expand the foundation of knowledge relating to the
244 prevention, diagnosis, treatment, and cure of Alzheimer’s
245 disease.
246 (c) Stimulate economic activity in the state in areas
247 related to Alzheimer’s disease research.
248 (2)(a) Funds appropriated for the Ed and Ethel Moore
249 Alzheimer’s Disease Research Program shall be used exclusively
250 for the award of grants and fellowships through a competitive,
251 peer-reviewed process for research relating to the prevention,
252 diagnosis, treatment, and cure of Alzheimer’s disease and for
253 expenses incurred in the administration of this section.
254 Priority shall be granted to research designed to prevent or
255 cure Alzheimer’s disease.
256 (b) Applications for Alzheimer’s disease research funding
257 under the program may be submitted from any university or
258 established research institute in the state. All qualified
259 investigators in the state, regardless of institution
260 affiliation, shall have equal access and opportunity to compete
261 for research funding. The following types of applications may be
262 considered for funding:
263 1. Investigator-initiated research grants.
264 2. Institutional research grants.
265 3. Predoctoral and postdoctoral research fellowships.
266 4. Collaborative research grants, including those that
267 advance the finding of cures through basic or applied research.
268 (3) There is created the Alzheimer’s Disease Research Grant
269 Advisory Board within the Department of Health.
270 (a) The board shall consist of 12 members appointed by the
271 State Surgeon General. The board shall be composed of three
272 gerontologists, three geriatric psychiatrists, three
273 geriatricians, and three neurologists. Initial appointments to
274 the board shall be made by October 1, 2014. The board members
275 shall serve 4-year terms, except that, to provide for staggered
276 terms, six of the initial appointees shall serve 2-year terms
277 and six shall serve 4-year terms. All subsequent appointments
278 shall be for 4-year terms. The chair of the board shall be
279 elected from the membership of the board and shall serve as
280 chair for 2 years. An appointed member may not serve more than
281 two consecutive terms. Appointed members must have experience in
282 Alzheimer’s disease or related biomedical research. The board
283 shall adopt internal organizational procedures as necessary for
284 its organization. The board shall establish and follow
285 guidelines for ethical conduct and adhere to a policy
286 established to avoid conflicts of interest. A member of the
287 board may not participate in any discussion or decision of the
288 board or a panel with respect to a research proposal by any
289 firm, entity, or agency with which the member is associated as a
290 member of the governing body or as an employee or with which the
291 member has entered into a contractual arrangement.
292 (b) The department shall provide such staff, information,
293 and other assistance as necessary to assist the board in
294 carrying out its responsibilities. Members of the board shall
295 serve without compensation and may not receive reimbursement for
296 per diem or travel expenses.
297 (c) The board shall advise the State Surgeon General as to
298 the scope of the research program and shall submit its
299 recommendations for proposals to be funded to the State Surgeon
300 General by December 15 of each year. Grants and fellowships
301 shall be awarded by the State Surgeon General, after
302 consultation with the board, on the basis of scientific merit.
303 Other responsibilities of the board may include, but are not
304 limited to, providing advice on program priorities and emphases;
305 assisting in the development of appropriate linkages to
306 nonacademic entities, such as voluntary organizations, health
307 care delivery institutions, industry, government agencies, and
308 public officials; and developing and providing oversight
309 regarding mechanisms for the dissemination of research results.
310 (4) The board shall submit a fiscal-year progress report on
311 the programs under its purview to the Governor, the President of
312 the Senate, the Speaker of the House of Representatives, and the
313 State Surgeon General by February 15 of each year. The report
314 must include:
315 (a) A list of research projects supported by grants or
316 fellowships awarded under the program.
317 (b) A list of recipients of program grants or fellowships.
318 (c) A list of publications in peer-reviewed journals
319 involving research supported by grants or fellowships awarded
320 under the program.
321 (d) The state ranking and total amount of Alzheimer’s
322 disease research funding allocated to the state from the
323 National Institutes of Health.
324 (e) New grants for Alzheimer’s disease research which were
325 funded based on research supported by grants or fellowships
326 awarded under the program.
327 (f) Progress toward programmatic goals, particularly in the
328 prevention, diagnosis, treatment, and cure of Alzheimer’s
329 disease.
330 (g) Recommendations to further the mission of the program.
331 (5) Implementation of the Ed and Ethel Moore Alzheimer’s
332 Disease Research Program is subject to legislative
333 appropriation.
334 Section 5. Present subsections (3) through (9) of section
335 430.502, Florida Statutes, are redesignated as subsections (6)
336 through (12), respectively, new subsections (3), (4), and (5)
337 are added to that section, and present subsections (4), (5),
338 (8), and (9) of that section are amended, to read:
339 430.502 Alzheimer’s disease; memory disorder clinics and
340 day care and respite care programs.—
341 (3) The department shall develop minimum performance
342 standards for memory disorder clinics and include those
343 standards in each memory disorder clinic contract as a condition
344 for receiving base-level funding. The performance standards must
345 address, at a minimum, quality of care, comprehensiveness of
346 services, and access to services.
347 (4) The department shall develop performance goals that
348 exceed the minimum performance standards developed under
349 subsection (3) which must be achieved in order for a memory
350 disorder clinic to be eligible for incentive funding above the
351 base level, subject to legislative appropriation. Incentive
352 funding shall be based on criteria including, but not limited
353 to:
354 (a) A significant increase in the volume of clinical
355 services.
356 (b) A significant increase in public outreach to low-income
357 and minority populations.
358 (c) A significant increase in the acceptance of Medicaid
359 and commercial insurance policies.
360 (d) Significant institutional financial commitments.
361 (5) The department shall measure and score each memory
362 disorder clinic based on minimum performance standards and
363 incentive performance goals.
364 (7)(4) Pursuant to the provisions of s. 287.057, the
365 department of Elderly Affairs may contract for the provision of
366 specialized model day care programs in conjunction with the
367 memory disorder clinics. The purpose of each model day care
368 program must be to provide service delivery to persons suffering
369 from Alzheimer’s disease or a related memory disorder and
370 training for health care and social service personnel in the
371 care of persons having Alzheimer’s disease or a related memory
372 disorder disorders.
373 (8)(5) Pursuant to s. 287.057, the department of Elderly
374 Affairs shall contract for the provision of respite care. All
375 funds appropriated for the provision of respite care shall be
376 distributed annually by the department to each funded county
377 according to an allocation formula. In developing the formula,
378 the department shall consider the number and proportion of the
379 county population of individuals who are 75 years of age and
380 older. Each respite care program shall be used as a resource for
381 research and statistical data by the memory disorder clinics
382 established in this part. In consultation with the memory
383 disorder clinics, the department shall specify the information
384 to be provided by the respite care programs for research
385 purposes.
386 (11)(8) The department shall implement the waiver program
387 specified in subsection (10) (7). The agency and the department
388 shall ensure the selection of that providers who have a history
389 of successfully serving persons with Alzheimer’s disease are
390 selected. The department and the agency shall develop
391 specialized standards for providers and services tailored to
392 persons in the early, middle, and late stages of Alzheimer’s
393 disease and designate a level of care determination process and
394 standard that is most appropriate to this population. The
395 department and the agency shall include in the waiver services
396 designed to assist the caregiver in continuing to provide in
397 home care. The department shall implement this waiver program
398 subject to a specific appropriation or as provided in the
399 General Appropriations Act.
400 (12)(9) Authority to continue the waiver program specified
401 in subsection (10) (7) shall be automatically eliminated at the
402 close of the 2010 Regular Session of the Legislature unless
403 further legislative action is taken to continue it before prior
404 to such time.
405 Section 6. This act shall take effect July 1, 2014.