Senate Bill 2330
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Florida Senate - 2000 SB 2330
By Senators Brown-Waite and Diaz-Balart
10-937-00 See HB
1 A bill to be entitled
2 An act relating to elderly affairs; amending s.
3 20.41, F.S.; revising organization and duties
4 of the Department of Elderly Affairs; amending
5 ss. 110.501, 408.036, F.S.; conforming
6 cross-references; amending s. 400.404, F.S.;
7 revising exemptions for licensure as an
8 assisted living facility; amending s. 400.618,
9 F.S.; revising exemptions from licensure as an
10 adult family-care home; amending s. 409.904,
11 F.S.; requiring the Agency for Health Care
12 Administration to assign to the Department of
13 Elderly Affairs, through interagency agreement,
14 certain responsibilities under the Medicaid
15 program; transferring, renumbering, and
16 amending s. 410.502, F.S., relating to housing
17 and living arrangements for elderly persons;
18 amending s. 430.01, F.S., relating to short
19 title of ch. 430, F.S.; creating s. 430.016,
20 F.S.; providing for release of confidential
21 information to governmental entities or parties
22 contracting with the department; amending s.
23 430.03, F.S.; revising purposes of the
24 department; creating s. 430.035, F.S.;
25 providing definitions; creating s. 430.045,
26 F.S.; authorizing the Department of Elderly
27 Affairs to secure patents, copyrights, and
28 trademarks; providing for deposit and use of
29 certain proceeds; amending s. 430.05, F.S.,
30 relating to the Department of Elderly Affairs
31 Advisory Council; creating s. 430.065, F.S.;
1
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Florida Senate - 2000 SB 2330
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1 providing for designation of area agencies on
2 aging; providing for operation; providing
3 conditions for rescinding a designation;
4 providing for open records and meetings;
5 requiring the department to adopt rules;
6 amending s. 430.07, F.S.; establishing a
7 statewide program for the use of volunteers to
8 provide services to elderly persons; providing
9 program responsibilities; requiring the
10 department to adopt certain rules; abolishing
11 the Office of Volunteer Community Service;
12 amending s. 430.071, F.S.; revising provisions
13 relating to the "Respite for Elders Living in
14 Everyday Families" (RELIEF) program; requiring
15 the department to adopt certain rules; amending
16 s. 430.202, F.S.; revising legislative intent
17 for the community care for the elderly program;
18 amending s. 430.205, F.S.; providing program
19 organization, guidelines, and service
20 requirements; requiring the department to adopt
21 certain rules; creating s. 430.2055, F.S.;
22 providing for community care for the elderly
23 service contracts and copayments; providing for
24 funding and restricting use of certain funds;
25 requiring the department to adopt rules;
26 amending s. 430.206, F.S.; providing for
27 establishment and functions of multiservice
28 senior centers; providing for reversion of
29 state funds; requiring notice to the department
30 prior to sale of a center; amending s. 430.207,
31 F.S., relating to confidentiality of
2
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Florida Senate - 2000 SB 2330
10-937-00 See HB
1 information; amending s. 430.41, F.S.; revising
2 provisions relating to the department's Grants
3 and Donations Trust Fund; transferring and
4 renumbering s. 430.42, F.S., relating to
5 insurance; creating s. 430.43, F.S.; providing
6 for time-limited project, grant, or trust fund
7 personnel; creating s. 430.5011, F.S.;
8 providing a short title; transferring,
9 renumbering, and amending s. 430.501, F.S.;
10 revising provisions relating to the Alzheimer's
11 Disease Advisory Committee; amending s.
12 430.502, F.S.; revising provisions relating to
13 establishment of memory disorder clinics;
14 providing rulemaking authority; amending s.
15 430.503, F.S.; providing for copayments for
16 certain services; amending s. 430.504, F.S.,
17 relating to confidentiality of information;
18 amending ss. 430.601, 430.603, 430.604,
19 430.605, F.S.; revising provisions relating to
20 home care for the elderly and subsidies
21 therefor; expanding rulemaking authority of the
22 department; amending ss. 430.701, 430.702,
23 430.703, 430.705, 430.707, F.S.; revising
24 provisions relating to the "Long-Term Care
25 Community Diversion Pilot Project Act";
26 providing additional requirements for
27 implementation of projects and contracts with
28 managed care organizations to provide care;
29 transferring and renumbering s. 430.80, F.S.,
30 relating to a teaching nursing home pilot
31 project; repealing ss. 430.02, 430.04, F.S.,
3
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Florida Senate - 2000 SB 2330
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1 relating to legislative intent and duties and
2 responsibilities of the Department of Elderly
3 Affairs; repealing s. 430.101, F.S., relating
4 to administration of federal aging programs;
5 repealing ss. 430.203, 430.204, F.S., relating
6 to definitions, core services, and duties of
7 the department under the community care for the
8 elderly program; repealing s. 430.602, F.S.,
9 relating to definitions under the home care for
10 the elderly program; repealing ss. 430.704,
11 430.706, F.S., relating to evaluation of
12 long-term care through community diversion
13 pilot projects, and quality of care standards
14 for such pilot projects; repealing s. 430.710,
15 F.S., relating to the long-term care
16 interagency advisory council; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 20.41, Florida Statutes, is amended
22 to read:
23 20.41 Department of Elderly Affairs.--There is created
24 a Department of Elderly Affairs.
25 (1) The head of the department is the Secretary of
26 Elderly Affairs. The secretary must be appointed by the
27 Governor, subject to confirmation by the Senate. The
28 requirement for Senate confirmation applies to any person so
29 appointed on or after July 1, 1994. The secretary serves at
30 the pleasure of the Governor. The secretary shall administer
31 the affairs of the department and may employ assistants,
4
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Florida Senate - 2000 SB 2330
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1 professional staff, and other employees as necessary to
2 discharge the powers and duties of the department.
3 (2) The department shall plan and administer its
4 programs and services through planning and service areas as
5 designated by the department by rule.
6 (3) The department shall maintain its headquarters in
7 Tallahassee.
8 (3)(4) The department shall, in accordance with s. 712
9 of Pub. L. No. 89-73, the federal Older Americans Act of 1965,
10 as amended, established and operate administratively house the
11 Office of State Long-Term Care Ombudsman Council, as created
12 under part I of chapter 400. by s. 400.0067, and the district
13 long-term care ombudsman councils, created by s. 400.0069 and
14 shall, as required by s. 712 of the federal Older Americans
15 Act of 1965, ensure that both the state and district long-term
16 care ombudsman councils operate in compliance with the Older
17 Americans Act. The councils in performance of their duties
18 shall not be subject to control, supervision, or direction by
19 the department.
20 (4)(5) The department shall be the designated state
21 agency unit on aging in accordance with s. 305 of Pub. L. No.
22 89-73, as defined in the federal Older Americans Act of 1965,
23 as amended, and shall exercise all responsibilities pursuant
24 to that act, including:
25 (a) Developing and administering a state plan pursuant
26 to the provisions of ss. 307 and 308 of that act.
27 (b) Receiving and distributing all funds appropriated
28 through the act in accordance with a formula developed by the
29 department.
30 (c) Being primarily responsible for the planning,
31 policy development, administration, coordination, priority
5
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1 setting, and evaluation of all state activities related to the
2 objectives of that act.
3 (6) In accordance with the federal Older Americans Act
4 of 1965, as amended, the department shall designate and
5 contract with area agencies on aging in each of the
6 department's planning and service areas. Area agencies on
7 aging shall ensure a coordinated and integrated provision of
8 long-term care services to the elderly and shall ensure the
9 provision of prevention and early intervention services. The
10 department shall have overall responsibility for information
11 system planning. The department shall ensure, through the
12 development of equipment, software, data, and connectivity
13 standards, the ability to share and integrate information
14 collected and reported by the area agencies in support of
15 their contracted obligations to the state.
16 (7) The department shall contract with the governing
17 body, hereafter referred to as the "board," of an area agency
18 on aging to fulfill programmatic and funding requirements.
19 The board shall be responsible for the overall direction of
20 the agency's programs and services and shall ensure that the
21 agency is administered in accordance with the terms of its
22 contract with the department, legal requirements, established
23 agency policy, and effective management principles. The board
24 shall also ensure the accountability of the agency to the
25 local communities included in the planning and service area of
26 the agency.
27 (8) The area agency on aging board shall, in
28 consultation with the secretary, appoint a chief executive
29 officer, hereafter referred to as the "executive director," to
30 whom shall be delegated responsibility for agency management
31
6
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1 and for implementation of board policy, and who shall be
2 accountable for the agency's performance.
3 (9) Area agencies on aging are subject to chapter 119,
4 relating to public records, and, when considering any
5 contracts requiring the expenditure of funds, are subject to
6 ss. 286.011-286.012, relating to public meetings.
7 Section 2. Subsection (1) of section 110.501, Florida
8 Statutes, is amended to read:
9 110.501 Definitions.--As used in this act:
10 (1) "Volunteer" means any person who, of his or her
11 own free will, provides goods or services, or conveys an
12 interest in or otherwise consents to the use of real property
13 pursuant to ss. 260.011-260.018, to any state department or
14 agency, or nonprofit organization, with no monetary or
15 material compensation. A person registered and serving in
16 Older American Volunteer Programs authorized by the Domestic
17 Volunteer Service Act of 1973, as amended (Pub. L. No.
18 93-113), shall also be defined as a volunteer and shall incur
19 no civil liability as provided by s. 768.1355. A volunteer
20 shall be eligible for payment of volunteer benefits as
21 specified in Pub. L. No. 93-113 and, this section, and s.
22 430.204.
23 Section 3. Paragraph (h) of subsection (3) of section
24 408.036, Florida Statutes, is amended to read:
25 408.036 Projects subject to review.--
26 (3) EXEMPTIONS.--Upon request, supported by such
27 documentation as the agency requires, the agency shall grant
28 an exemption from the provisions of subsection (1):
29 (h) For the establishment of a Medicare-certified home
30 health agency by a facility certified under chapter 651; a
31 retirement community, as defined in s. 400.404(9)(2)(g); or a
7
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1 residential facility that serves only retired military
2 personnel, their dependents, and the surviving dependents of
3 deceased military personnel. Medicare-reimbursed home health
4 services provided through such agency shall be offered
5 exclusively to residents of the facility or retirement
6 community or to residents of facilities or retirement
7 communities owned, operated, or managed by the same corporate
8 entity. Each visit made to deliver Medicare-reimbursable home
9 health services to a home health patient who, at the time of
10 service, is not a resident of the facility or retirement
11 community shall be a deceptive and unfair trade practice and
12 constitutes a violation of ss. 501.201-501.213.
13
14 A request for exemption under this subsection may be made at
15 any time and is not subject to the batching requirements of
16 this section.
17 Section 4. Section 400.404, Florida Statutes, is
18 amended to read:
19 400.404 Facilities to be licensed; Exemptions from
20 licensure.--
21 (1) For the administration of this part, facilities to
22 be licensed by the agency shall include all assisted living
23 facilities as defined in this part.
24 (2) The following are exempt from licensure under this
25 part:
26 (1)(a) Any facility, institution, or other place
27 operated by the Federal Government or any agency of the
28 Federal Government.
29 (2)(b) Any facility or part of a facility licensed
30 under chapter 393 or chapter 394.
31
8
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1 (3)(c) Any facility licensed as an adult family-care
2 home under part VII.
3 (4)(d) Any person who provides housing, meals, and one
4 or more personal services on a 24-hour basis in the person's
5 own home to not more than two adults who do not receive
6 optional state supplementation. The person who provides the
7 housing, meals, and personal services must own or rent the
8 home and live in the home reside therein.
9 (5) An arrangement whereby a person is receiving a
10 subsidy for providing home care to an elderly person pursuant
11 to s. 430.603, the home care for the elderly program.
12 (6)(e) Any home or facility approved by the United
13 States Department of Veterans Affairs as a residential care
14 home wherein care is provided exclusively to three or fewer
15 veterans.
16 (7)(f) Any facility that has been incorporated in this
17 state for 50 years or more on or before July 1, 1983, and is
18 governed by a the board of directors of which is nominated or
19 elected by the residents, until such time as the facility is
20 sold or its ownership is transferred.; or
21 (8) Any facility, with improvements or additions
22 thereto, which has existed and operated continuously in this
23 state for 60 years or more on or before July 1, 1989, is
24 directly or indirectly owned and operated by a nationally
25 recognized fraternal organization, is not open to the public,
26 and accepts only its own members and their spouses as
27 residents.
28 (9)(g) Any facility certified under chapter 651, or a
29 retirement community, may provide services authorized under
30 this part or part IV of this chapter to its residents who live
31 in single-family homes, duplexes, quadruplexes, or apartments
9
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1 located on the campus without obtaining a license to operate
2 an assisted living facility if residential units within such
3 buildings are used by residents who do not require staff
4 supervision for that portion of the day when personal services
5 are not being delivered and the owner obtains a home health
6 license to provide such services. However, any building or
7 distinct part of a building on the campus that is designated
8 for persons who receive personal services and require
9 supervision beyond that which is available while such services
10 are being rendered must be licensed in accordance with this
11 part. If a facility provides personal services to residents
12 who do not otherwise require supervision and the owner is not
13 licensed as a home health agency, the buildings or distinct
14 parts of buildings where such services are rendered must be
15 licensed under this part. A resident of a facility that has
16 obtained obtains a home health license may contract with a
17 licensed home health agency of his or her choice, provided
18 that the home health agency provides liability insurance and
19 workers' compensation coverage for its employees. Facilities
20 covered by this exemption may establish policies that give
21 residents the option of contracting for services and care
22 beyond that which is provided by the facility to enable them
23 to age in place. For purposes of this section, a retirement
24 community consists of a facility licensed under this part or
25 under part II, and apartments designed for independent living
26 located on the same campus.
27 (10)(h) Any residential unit for independent living
28 which is located within a facility certified under chapter
29 651, or any residential unit which is colocated with a nursing
30 home licensed under part II or colocated with a facility
31 licensed under this part in which services are provided
10
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1 through an outpatient clinic or a nursing home on an
2 outpatient basis.
3 Section 5. Subsection (2) of section 400.618, Florida
4 Statutes, is amended to read:
5 400.618 Definitions.--As used in this part, the term:
6 (2) "Adult family-care home" means a full-time,
7 family-type living arrangement, in a private home, under which
8 a person who owns or rents the home provides room, board, and
9 personal care, on a 24-hour basis, for no more than five
10 disabled adults or frail elders who are not relatives. The
11 following family-type living arrangements are not required to
12 be licensed as an adult family-care home:
13 (a) An arrangement whereby the person who owns or
14 rents the home provides room, board, and personal services for
15 not more than two adults who do not receive optional state
16 supplementation under s. 409.212, and does not hold the home
17 out to the public to be an adult family-care home. The person
18 who provides the housing, meals, and personal care must own or
19 rent and live in the home and reside therein.
20 (b) An arrangement whereby the person who owns or
21 rents the home provides room, board, and personal services
22 only to his or her relatives.
23 (b)(c) An establishment that is licensed as an
24 assisted living facility under part III.
25 (c) An arrangement whereby a person is receiving a
26 subsidy for providing home care to an elderly person pursuant
27 to s. 430.603, the home care for the elderly program.
28 Section 6. Section 409.904, Florida Statutes, is
29 amended to read:
30 409.904 Optional payments for eligible persons.--
31
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1 (1) The agency may make payments for medical
2 assistance and related services on behalf of the following
3 persons who are determined to be eligible subject to the
4 income, assets, and categorical eligibility tests set forth in
5 federal and state law. Payment on behalf of these Medicaid
6 eligible persons is subject to the availability of moneys and
7 any limitations established by the General Appropriations Act
8 or chapter 216.
9 (a)(1) A person who is age 65 or older or is
10 determined to be disabled, whose income is at or below 100
11 percent of federal poverty level, and whose assets do not
12 exceed established limitations.
13 (b)(2) A family, a pregnant woman, a child under age
14 18, a person age 65 or over, or a blind or disabled person who
15 would be eligible under any group listed in s. 409.903(1),
16 (2), or (3), except that the income or assets of such family
17 or person exceed established limitations. For a family or
18 person in this group, medical expenses are deductible from
19 income in accordance with federal requirements in order to
20 make a determination of eligibility. A family or person in
21 this group, which group is known as the "medically needy," is
22 eligible to receive the same services as other Medicaid
23 recipients, with the exception of services in skilled nursing
24 facilities and intermediate care facilities for the
25 developmentally disabled.
26 (c)(3) A person who is in need of the services of a
27 licensed nursing facility, a licensed intermediate care
28 facility for the developmentally disabled, or a state mental
29 hospital, whose income does not exceed 300 percent of the SSI
30 income standard, and who meets the assets standards
31 established under federal and state law.
12
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1 (d)(4) A low-income person who meets all other
2 requirements for Medicaid eligibility except citizenship and
3 who is in need of emergency medical services. The eligibility
4 of such a recipient is limited to the period of the emergency,
5 in accordance with federal regulations.
6 (e)(5) Subject to specific federal authorization, a
7 postpartum woman living in a family that has an income that is
8 at or below 185 percent of the most current federal poverty
9 level is eligible for family planning services as specified in
10 s. 409.905(3) for a period of up to 24 months following a
11 pregnancy for which Medicaid paid for pregnancy-related
12 services.
13 (f)(6) A child born before October 1, 1983, living in
14 a family that has an income which is at or below 100 percent
15 of the current federal poverty level, who has attained the age
16 of 6, but has not attained the age of 19, and who would be
17 eligible in s. 409.903(6), if the child had been born on or
18 after such date. In determining the eligibility of such a
19 child, an assets test is not required.
20 (g)(7) A child who has not attained the age of 19 who
21 has been determined eligible for the Medicaid program is
22 deemed to be eligible for a total of 6 months, regardless of
23 changes in circumstances other than attainment of the maximum
24 age. Effective January 1, 1999, a child who has not attained
25 the age of 5 and who has been determined eligible for the
26 Medicaid program is deemed to be eligible for a total of 12
27 months regardless of changes in circumstances other than
28 attainment of the maximum age.
29 (2) The agency, through interagency agreement, shall
30 assign to the Department of Elderly Affairs responsibility for
31 nursing home preadmission screening established to control the
13
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1 utilization of Medicaid institutional care pursuant to ss.
2 1902 and 1903 of Title XIX of the Social Security Act, and for
3 the administration of the Assisted Living for the Elderly
4 Medicaid Waiver, the Aged-Disabled Adult Home and Community
5 Based Medicaid Waiver, and the Consumer Directed Care Medicaid
6 Waiver for the Elderly.
7 Section 7. Section 410.502, Florida Statutes, is
8 transferred, renumbered as section 430.075, Florida Statutes,
9 and amended to read:
10 430.075 410.502 Housing and living arrangements;
11 special needs of the elderly; services.--The department of
12 Elderly Affairs shall provide services related to housing and
13 living arrangements which meet the special needs of the
14 elderly. Such services shall include, but not be limited to:
15 (1) Providing counseling concerning housing problems
16 and alternate living arrangements when appropriate to the
17 individual's needs.
18 (2) Coordinating with the Department of Community
19 Affairs to collect gather and maintain data on living
20 arrangements which meet the special needs of the elderly and
21 to disseminate such information to the public. Such
22 information shall include types of facilities, cost of care,
23 services provided, and possible sources of assistance help in
24 meeting the cost of care for indigent individuals.
25 (3) Promoting, through the department of Elderly
26 Affairs staff activities and area agencies on aging, the
27 development of a variety of living arrangements through public
28 and private auspices to meet the various needs and desires of
29 the elderly, including, but not limited to:
30 (a) Adult family-care Foster homes.
31 (b) Assisted living facilities.
14
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1 (c) Homes for special services.
2 (d) Shared housing or other such group living
3 arrangements for independent living.
4 (e) Continuing care facilities which offer all levels
5 of care, including independent living units, personal care,
6 home health care supports, assisted living, and skilled
7 nursing home care.
8 (f) Retirement communities for independent communal
9 living, to be developed in conjunction with the Department of
10 Community Affairs.
11 (g) Other innovative living arrangements.
12
13 Demonstration projects must be used advisedly to test the
14 extent to which these and other innovative housing and living
15 arrangements do meet the basic and special needs of the
16 elderly.
17 Section 8. Section 430.01, Florida Statutes, is
18 amended to read:
19 430.01 Short title.--This chapter may be cited as the
20 "Department of Elderly Affairs Act," or the "Pepper Act" as a
21 memorial to Congressman Claude Denson Pepper. The department
22 is also known as the Department of Elder Affairs.
23 Section 9. Section 430.016, Florida Statutes, is
24 created to read:
25 430.016 Confidential information; other state
26 agencies.--Information held by the department which is
27 confidential and exempt from the provisions of s. 119.07(1)
28 and s. 24(a), Art. I of the State Constitution may be released
29 to other governmental entities or to parties contracting with
30 the department to perform departmental duties. The receiving
31
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1 governmental entity or party shall retain the confidentiality
2 of such information as provided by law.
3 Section 10. Section 430.03, Florida Statutes, is
4 amended to read:
5 430.03 Purposes.--The mission purposes of the
6 Department of Elderly Affairs is are to advocate for and serve
7 Florida's elders; promote and implement long-term care
8 policies and procedures that are elder-friendly; and plan,
9 coordinate, administer, and initiate programs and services
10 that empower elders and their caregivers to age in place, with
11 dignity, security, and purpose, and in an elder-friendly
12 environment. In order to achieve this purpose, the department
13 shall:
14 (1) Advise, assist, protect, and advocate for the
15 state's elderly residents.
16 (2)(1) Serve as the primary state agency responsible
17 for administering human services programs for elder persons in
18 this state, the elderly and for developing policy
19 recommendations and programs for long-term care, and for
20 evaluating and promulgating regulatory policy for long-term
21 care facilities and the provision of long-term care services.
22 (3)(2) Combat ageism and create public awareness and
23 understanding of the potentials, and needs, and diversity of
24 the elderly, and provide opportunities for personal
25 development and achievement, and employment, of persons age 60
26 years and older persons.
27 (4)(3) Develop, arrange, oversee, and conduct research
28 in the field of aging, and promote and implement a variety of
29 pilot programs that demonstrate innovative methods for meeting
30 the needs of elderly residents. Research activities may
31 include contracting with academic institutions and other
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1 research organizations, development of educational and
2 training curricula, research related to medical issues
3 affecting the elderly, including Alzheimer's disease, analysis
4 of long-term care and other supportive service needs,
5 development of new services and service delivery system
6 models, development of designs and adaptive innovations
7 relating to modified living environments, including the use of
8 assistive devices, and evaluation of pilot programs serving
9 elders. Study and plan for programs and services to meet
10 identified and projected needs and to provide opportunities
11 for personal development and achievement of persons aged 60
12 years and older.
13 (4) Advocate quality programs and services for the
14 state's elderly population and on behalf of the individual
15 citizen's needs.
16 (5) Coordinate interdepartmental policy development
17 and program planning for all state agencies that provide
18 services for the state's elderly population in order to
19 prevent duplicative efforts, to maximize utilization of
20 resources, and to optimize ensure cooperation, communication,
21 and departmental linkages.
22 (6) Recommend state and community-based local level
23 organizational models for the planning, coordination,
24 implementation, and evaluation of programs serving the elderly
25 population, emphasizing initiatives which seek to coordinate
26 and integrate the continuum-of-care needs of the elderly.
27 (7) Oversee implementation of federally funded and
28 state-funded programs and services for the state's elderly
29 population.
30 (8) Review and comment upon state plans, budgets, and
31 policies which affect older individuals and provide technical
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1 assistance to any agency, organization, association, or person
2 representing the needs of older individuals.
3 (9)(8) Promote more effective use of existing
4 resources and available services, and develop and recommend
5 cost-effective legislative budget requests for programs and
6 services for the state's elderly population.
7 (10)(9) Serve as a state-level information
8 clearinghouse, and encourage and assist in the development of
9 community-based local-level identifiable points of information
10 and referral sources regarding all federal, state, and local
11 resources providing of assistance to elderly residents
12 citizens.
13 (11)(10) Assist elderly persons to secure needed
14 services in accordance with personal choice and in a manner
15 that achieves or maintains autonomy and prevents, reduces, or
16 eliminates dependency.
17 (12)(11) Promote the maintenance and improvement of
18 the physical well-being and mental health of elderly persons.
19 (13)(12) Encourage and enlist the services of
20 volunteers to provide assistance and services to elders, and
21 promote opportunities for volunteerism among the elderly
22 population.
23 (14)(13) Promote the prevention of neglect, abuse, or
24 exploitation of elderly persons unable to protect their own
25 interests.
26 (15)(14) Reduce eliminate and prevent inappropriate
27 institutionalization of elderly persons by promoting
28 community-based care, home-based care, self-care, or other
29 forms of less intensive care.
30 (16)(15) Support and promote the efforts Aid in the
31 support of families and other caregivers of elderly persons.
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1 (17)(16) Promote activities that provide opportunities
2 for persons of all ages and ethnic and cultural backgrounds to
3 benefit from intergenerational relationships that promote
4 unity, support, and respect for one another.
5 (18)(17) Establish and maintain a management
6 information system which facilitates the collection,
7 integration, and dissemination of data collected by the
8 department and its contractees relevant to aging programs and
9 elder issues. Oversee aging research conducted or funded by
10 any state agency to ensure that such activities are
11 coordinated and directed to fulfill the intent and purposes of
12 this act.
13 (19) Participate in efforts to promote the highest
14 quality of compassionate, culturally competent, and adequate
15 end-of-life care that is responsive to the individual wishes
16 and needs of patients and their caregivers.
17 (20) Develop and establish self-directed care programs
18 which encourage and provide opportunities for the elderly and
19 their caregivers to choose their service providers whenever
20 possible.
21 (21) Develop mechanisms and promote programs which
22 offer a comprehensive, structurally integrated system of
23 assessment for determining eligibility and level of care for
24 supportive, community-based, long-term care services.
25 (22) Contract with public or private entities for the
26 planning and provision of services to the elderly, or directly
27 administer such programs, whichever is determined to be the
28 most efficient and cost-effective and maximizes consumer
29 choice.
30
31
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1 (23) Develop and implement training programs and other
2 educational opportunities for caregivers and providers of
3 elder care services.
4 (24) Encourage and actively solicit contributions and
5 grants from private, state, local, and federal resources for
6 the purpose of developing, promoting, and implementing
7 innovative programs serving the elderly.
8 (25) Promote the development of public-private
9 partnerships for the purpose of maximizing resources and
10 consumer choice in the selection of service providers and
11 programs serving the elderly.
12 (26) Hold public meetings throughout the state for
13 purposes of receiving public input and creating opportunities
14 for articulating issues of public concern relating to the
15 elderly and their caregivers, and which provide feedback on
16 the relevance and effectiveness of the department's programs
17 and services.
18 (27) Call upon appropriate state agencies for such
19 assistance as needed in the discharge of the department's
20 duties. All agencies shall cooperate in assisting the
21 department to carry out its responsibilities as prescribed by
22 this section.
23 (28) Prepare a master plan addressing aging policies
24 and programs in this state.
25 Section 11. Section 430.035, Florida Statutes, is
26 created to read:
27 430.035 Definitions.--As used in this chapter, the
28 term:
29 (1) "Area agencies on aging" or "area agency" means a
30 public or private nonprofit agency or organization designated
31 by the department pursuant to s. 430.065. An area agency on
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1 aging serves as both the advocate and the visible focal point
2 in its planning and service area for planning and fostering
3 the development of comprehensive and coordinated service
4 systems to serve elderly persons.
5 (2) "Assessment" means an evaluation of an elder
6 person's health and physical, environmental, behavioral,
7 psychological, economic, cultural, and social conditions in
8 order to identify needs and the appropriate level of care, and
9 to develop a comprehensive care plan.
10 (3) "Care plan" means a written listing of an
11 individual's strengths, coping skills, and needs, and a
12 description of how the individual's needs will be addressed to
13 help maintain or improve the person's health and physical,
14 environmental, cultural, behavioral, psychological, economic,
15 and social well-being in the least restrictive, most
16 cost-effective, safe environment. The plan shall be based on
17 an assessment of the individual and must also address the
18 capabilities of caregivers to provide needed support and care.
19 All available resources and strategies must be considered
20 prior to the use of federal or state funds.
21 (4) "Caregiver" means a family member or other
22 individual who has responsibility for the care of an elderly
23 person, either voluntarily, by contract, by receipt of payment
24 for care, or as a result of the operation of law.
25 (5) "Case aide services" means providing, under the
26 direction of a case manager, assistance with the
27 implementation of a care plan, assistance with accessing
28 resources and services, and oversight and supervision of
29 service provider activities, and facilitating linkages with
30 service providers.
31
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1 (6) "Case management" means implementing or
2 supervising the implementation of a care plan by mobilizing,
3 arranging, and facilitating the provision of services needed
4 to maximize an individual's physical, social, and emotional
5 well-being. Case management includes the development of
6 formal and informal resources to assure the availability of
7 cost-effective services, advocacy, and monitoring, evaluating,
8 and adjusting services and service delivery, on an ongoing
9 basis, to assure the continued attainment of desired outcomes.
10 (7) "Community care service area" means a designated
11 geographic area within a planning and service area which is
12 served by one or more service entities providing assessment,
13 service coordination, care planning, case management, a
14 variety of home-delivered services, day care services, and
15 other basic services to functionally impaired elderly persons.
16 Community care service areas shall be determined by the
17 department in consultation with the area agency on aging.
18 (8) "Department" means the Department of Elderly
19 Affairs as established in s. 20.41. The department shall also
20 be known as the Department of Elder Affairs.
21 (9) "Elder," "elderly person," or "older individual"
22 means any person 60 years of age or over.
23 (10) "Functionally impaired" means any person who has
24 been determined to have physical or mental limitations that
25 restrict the person's ability to perform the activities of
26 daily living and that impede the person's capacity to live
27 independently without the provision of supportive services.
28 (11) "Lead agency" means an agency selected by an area
29 agency on aging to conduct care planning and provide case
30 management or service coordination, as needed, to functionally
31 impaired elderly persons participating in a community care for
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1 the elderly program, and coordinate the activities of
2 individual agencies contracting to provide community care for
3 the elderly services within a community care service area.
4 (12) "Planning and service area" means a geographic
5 area designated by the department, in which the programs of
6 the department are administered and services are delivered.
7 (13) "Respite" means the provision of necessary care
8 to a functionally impaired elderly person on a temporary
9 basis, in order to allow the elderly person's caregiver to
10 leave the elderly person for a period of time.
11 (14) "Service coordination" means assisting in
12 identifying, accessing, and arranging for appropriate
13 resources and cost-effective services and followup and liaison
14 activities on behalf of service recipients, for the purpose of
15 eliminating barriers to responsive and efficient service
16 delivery, and ensuring the delivery of services on a
17 continuing and reliable basis.
18 (15) "Stipend" means an allotment of funds to enable
19 volunteers to provide services. The allotment of funds is for
20 a period of service and is not an hourly wage.
21 Section 12. Section 430.045, Florida Statutes, is
22 created to read:
23 430.045 Patents, copyrights, trademarks; notice to
24 Department of State; confidentiality of trade secrets.--
25 (1) Notwithstanding any other provision of law to the
26 contrary, the Department of Elderly Affairs is authorized, in
27 its own name, to:
28 (a) Perform all things necessary to secure letters of
29 patent, copyrights, and trademarks on any legitimately
30 acquired work products and to enforce its right therein.
31
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1 (b) License, lease, assign, or otherwise give written
2 consent to any person, firm, or corporation for the
3 manufacture or use of any product protected by patent,
4 copyright, or trademark, whether on a royalty basis or for
5 such other consideration as the department may deem proper.
6 (c) Take any action necessary, including legal action,
7 to enforce its rights under any agreement and to protect its
8 property rights from improper or unlawful use or infringement.
9 (d) Enforce the collection of any payments or other
10 obligations due the department for the manufacture or use of
11 any product by any other party.
12 (e) Sell any product, except where otherwise
13 restricted by public records laws, which the department may
14 create or cause to be created, whether or not the product is
15 protected by a department patent, copyright, or trademark, and
16 to execute all instruments necessary to consummate any such
17 sale.
18 (f) Do all other acts necessary and proper for the
19 execution of powers and duties conferred upon the department
20 in this section.
21 (2) The department shall notify the Department of
22 State in writing whenever property rights by patent,
23 copyright, or trademark are secured or exploited by the
24 department.
25 (3) Any proceeds from the sale of products or the
26 right to manufacture or use a product shall be deposited in
27 the department's Grants and Donations Trust Fund and may be
28 appropriated to finance activities of the department. The
29 department's legislative budget request should give special
30 consideration to using such funds for research and development
31 projects.
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1 (4) As used in this section, the term "product"
2 includes any and all inventions, methodologies, techniques,
3 and creations that may be properly protected by patent,
4 copyright, or trademark.
5 Section 13. Subsections (1), (2), and (3) of section
6 430.05, Florida Statutes, are amended to read:
7 430.05 Department of Elderly Affairs Advisory
8 Council.--
9 (1) There is created the Department of Elderly Affairs
10 Advisory Council which shall be located for administrative
11 purposes in the department of Elderly Affairs. It is the
12 intent of the Legislature that the advisory council shall be
13 an independent nonpartisan body and shall not be subject to
14 control, supervision, or direction by the department.
15 (2) The council shall serve in an advisory capacity to
16 the Secretary of Elderly Affairs to assist the secretary in
17 carrying out the purposes, duties, and responsibilities of the
18 department, as specified in this chapter and s. 20.41. The
19 council may make recommendations to the secretary, the
20 Governor, the Speaker of the House of Representatives, and the
21 President of the Senate regarding organizational issues and
22 additions or reductions in the department's duties and
23 responsibilities.
24 (3)(a) The advisory council shall be composed of one
25 member appointed by the Governor from each of the department's
26 state's planning and service areas, which are designated in
27 accordance with the Older Americans Act, two additional
28 members appointed by the Governor, two members appointed by
29 the President of the Senate, and two members appointed by the
30 Speaker of the House of Representatives. The members shall be
31 appointed in the following manner:
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1 1. The Governor shall appoint one member from each
2 planning and service area and shall select each appointment
3 from a list of three nominations submitted by the designated
4 area agency on aging in each planning and service area.
5 Nominations submitted by an area agency on aging shall be
6 solicited from a broad cross section of the public, private,
7 and volunteer sectors of each county in the respective
8 planning and service area. At least one of the three
9 nominations submitted by an area agency on aging shall be a
10 person 60 years of age or older.
11 2. The Governor shall appoint two additional members,
12 one of whom shall be 60 years of age or older.
13 3. The President of the Senate shall appoint two
14 members, one of whom shall be 60 years of age or older.
15 4. The Speaker of the House of Representatives shall
16 appoint two members, one of whom shall be 60 years of age or
17 older.
18 5. The Governor shall ensure that a majority of the
19 members of the advisory council shall be 60 years of age or
20 older and reflect the state's racial and cultural diversity
21 that there shall be balanced minority and gender
22 representation.
23 6. The Governor shall designate annually a member of
24 the advisory council to serve as chair.
25 7. The Secretary of Elderly Affairs shall serve as an
26 ex officio member of the advisory council.
27 (b) Members shall be appointed to 3-year staggered
28 terms. Vacancies occurring in the middle of a term shall be
29 filled only for the remainder of the term in order to maintain
30 staggered appointments. in the following manner:
31
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1 1. In order to stagger the terms of office, one of the
2 initial appointees of the President of the Senate shall be
3 appointed to a 2-year term and one of the initial appointees
4 of the Speaker of the House of Representatives shall be
5 appointed to a 2-year term. Additionally, one-third of the
6 total initial appointees of the Governor shall be appointed to
7 1-year terms, one-third shall be appointed to 2-year terms,
8 and one-third to 3-year terms. If the initial appointments of
9 the Governor are not of a number divisible into thirds, and
10 there results one additional appointee, that appointee shall
11 be appointed to a 2-year term. If the initial appointments of
12 the Governor are not of a number divisible into thirds, and
13 there results two additional appointees, one of the additional
14 appointees shall be appointed to a 1-year term and the other
15 appointee shall be appointed to a 2-year term.
16 2. Vacancies occurring during an appointee's initial
17 term shall be filled in the same manner as the initial
18 appointments, pursuant to subparagraph 1. After the terms
19 referred to in subparagraph 1. have expired, members shall be
20 appointed to 3-year terms.
21 Section 14. Section 430.065, Florida Statutes, is
22 created to read:
23 430.065 Area agencies on aging.--
24 (1) In accordance with Pub. L. No. 89-73, the federal
25 Older Americans Act of 1965, as amended, the department shall
26 designate area agencies on aging in each of the department's
27 planning and service areas.
28 (2) The department shall contract with the governing
29 body, hereafter referred to as the "board," of an area agency
30 on aging to fulfill programmatic and funding requirements of
31 the area agency. The board shall be responsible for the
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1 overall direction of the area agency's programs and services
2 and shall ensure that the area agency is administered in
3 accordance with the terms of its contract with the department,
4 state and federal laws, rules, and regulations, established
5 area agency policy, and cost-effective and efficient
6 management principles. The board shall also ensure the
7 accountability of the area agency to the local communities
8 included in the area agency's planning and service area.
9 (3) The area agency on aging board shall, in
10 consultation with the Secretary of Elderly Affairs, appoint a
11 chief executive officer, hereafter referred to as the
12 "executive director," to whom shall be delegated
13 responsibility for area agency management and for
14 implementation of board policy.
15 (4) The area agency shall ensure the maintenance,
16 collection, and timely reporting to the department of all
17 customer and service information provided by service providers
18 contracting with the area agency to provide services. The
19 department shall have overall responsibility for the
20 establishment and operation of a management information system
21 and shall ensure the ability to integrate and share
22 information collected and reported to the department.
23 (5) The department shall be responsible for ensuring
24 that each area agency on aging operates in a manner which
25 ensures that the elderly of this state receive the highest
26 quality services possible in the most efficient and
27 cost-effective manner. The department shall rescind
28 designation of an area agency on aging or take intermediate
29 measures against the area agency, including corrective action,
30 unannounced special monitoring, temporary assumption of
31 operation of one or more programs, placement on probationary
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1 status, imposing a moratorium on area agency action, imposing
2 financial penalties for nonperformance including the
3 withholding of funds, or other administrative action in
4 accordance with chapter 120, if the department finds that:
5 (a) An intentional or negligent act of the area agency
6 has materially affected the health, welfare, or safety of
7 elderly persons, or substantially and negatively affected the
8 operation of an aging services program;
9 (b) The area agency has committed multiple or repeated
10 violations of statutory and regulatory requirements or
11 department standards;
12 (c) The area agency has failed to adhere to the terms
13 of its contract with the department;
14 (d) The area agency lacks financial stability
15 sufficient to meet contractual obligations or that contractual
16 funds have been misappropriated;
17 (e) The area agency has exceeded budgetary allocations
18 or has permitted a service provider with whom it is
19 contracting to exceed budgetary allocations;
20 (f) The area agency has failed to expand or continue
21 the provision of services after the declaration of a state of
22 emergency; or
23 (g) The area agency has failed to implement and
24 maintain a department-approved client grievance resolution
25 procedure.
26 (6) Area agencies on aging are public entities,
27 subject to chapter 119, relating to public records, and when
28 considering any contracts requiring the expenditure of public
29 funds, are subject to ss. 286.011-286.012, relating to public
30 meetings.
31
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1 (7) The department shall adopt rules as necessary to
2 implement and interpret this section.
3 Section 15. Section 430.07, Florida Statutes, is
4 amended to read:
5 430.07 Office of Volunteer services Community
6 Service.--
7 (1) The department shall establish a program the
8 purpose of which is to maximize the use of volunteers to
9 provide services to elderly persons. There is created within
10 the Department of Elderly Affairs the Office of Volunteer
11 Community Service. The program office shall:
12 (a) Develop and coordinate a comprehensive statewide
13 volunteer program by and for elderly persons that includes an
14 intergenerational component, draws on the strengths and skills
15 of the state's elder population, and promotes self-care.
16 (1) Compile an inventory of services needed by elderly
17 persons.
18 (2) Compile an inventory of services being provided to
19 elderly persons to meet those needs.
20 (3) Determine which services needed by elderly persons
21 are not being provided.
22 (b)(4) Determine which services may currently not
23 being provided can be provided by older persons acting as
24 volunteers.
25 (c)(5) Identify those state rules and policies which
26 restrict volunteer service by or for older persons and propose
27 corrective actions.
28 (d)(6) Identify methods of promoting volunteer service
29 for the programs administered by the department, the area
30 agencies on aging, and other area agency service providers by
31 and for older persons.
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1 (7) Develop a comprehensive volunteer program that
2 includes an intergenerational component and draws on the
3 strengths and skills of the state's older population and, to
4 the extent possible, implements the volunteer service credit
5 program.
6 (e) Encourage and coordinate volunteer services in and
7 between the various area agencies on aging and service
8 providers.
9 (f) Provide training, technical assistance, and
10 oversight to volunteer initiatives.
11 (g) Promote the recognition of the contribution made
12 by volunteers to the programs administered by the department
13 and the area agencies on aging.
14 (h)(8) Encourage contributions and grants through
15 private, state, and federal sources for the purpose of
16 promoting, implementing, or evaluating, and recognizing
17 volunteer programs and self-care initiatives by or for older
18 persons.
19 (2) The department shall adopt rules establishing
20 standards of practice relating to the screening, selection,
21 training, and supervision of volunteers providing services, as
22 well as volunteer program components.
23 Section 16. Section 430.071, Florida Statutes, is
24 amended to read:
25 430.071 Respite for elders living in everyday
26 families.--
27 (1) As used in this section, the term:
28 (a) "Family unit" means one or more individuals whose
29 primary residence is with a homebound elderly individual
30 specifically for the purpose of providing care for that
31 homebound elderly individual. The family does not necessarily
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1 need to be related by blood or marriage to the homebound
2 elderly individual.
3 (b) "Respite" means in-home assistance for a homebound
4 elderly individual from someone who is not a member of the
5 family unit, which allows the family unit the ability to leave
6 the homebound elderly individual for a period of time.
7 (c) "Stipend" means an allotment of funds to enable a
8 diverse population of volunteers to provide services. The
9 allotment of funds is for a period of service and is not an
10 hourly wage.
11 (d) "Volunteer service system" means an organized
12 network of volunteers and agencies engaged in supporting
13 volunteers to assist a family unit that requires respite.
14 (1)(2) The department shall establish a "Respite for
15 Elders Living in Everyday Families" (RELIEF) program to will
16 provide in-home respite care that is an expansion of respite
17 services that is currently available through other programs,
18 specifically including evening and weekend respite, in order.
19 The purpose of this service is to increase the ability of
20 caregivers whose primary residence is with a homebound
21 functionally impaired elderly person a family unit to continue
22 to care for the elderly person a homebound elderly individual
23 by providing in-home respite beyond the basic provisions of
24 current public programs.
25 (2)(3) Respite services shall be provided through a
26 multigenerational corps of volunteers, volunteers who receive
27 a stipend, and any other appropriate personnel as determined
28 by the department.
29 (a) Volunteers shall be screened, selected, trained,
30 and registered according to standards established under s.
31 430.07 developed by the Office of Volunteer and Community
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1 Services in the Department of Elderly Affairs. These standards
2 must be developed to ensure, at a minimum, address the safety
3 of a homebound elderly individual who will receive the respite
4 service.
5 (b) Volunteers may be recruited from a variety of
6 sources, including, but not limited to, volunteer centers,
7 religious organizations, college campuses, corporations,
8 families, Retired Senior Volunteer Programs, Senior Companion
9 Programs, and AmeriCorps Programs.
10 (3)(4) To receive assistance from the RELIEF program,
11 caregivers the family unit must be assessed according to the
12 following guidelines developed by the department to determine
13 the need for respite services. This assessment must determine,
14 at a minimum, that:
15 (a) The caregiver family unit is unable to pay for
16 respite without jeopardizing other basic needs, including, but
17 not limited to, food, shelter, and medications.
18 (b) The homebound elderly person individual for whom
19 the caregiver family unit is caring is 60 years of age or
20 older, requires assistance to remain in the home, and, without
21 this assistance, would need to move to an assisted living
22 facility, an adult family-care home, or a nursing facility.
23 (4)(5) Caregivers who receive A family unit that
24 receives respite services from the RELIEF program are is not
25 excluded from receiving assistance from other governmental
26 programs.
27 (5)(6) The department Office of Volunteer and
28 Community Services shall:
29 (a) Systematically develop and implement an organized
30 network of volunteers pursuant to s. 430.07 a volunteer
31
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1 service system in order to provide respite services under the
2 RELIEF program.
3 (b) The office shall also implement, Monitor, and
4 evaluate the delivery of respite services under this program.
5 (b) Work collaboratively with local, state, and
6 national organizations, including, but not limited to, the
7 Florida Commission on Community Service, to promote the use of
8 volunteers offering respite under this program.
9 (c) Encourage contributions and grants through public
10 and private sources to promote the delivery of respite to
11 assist caregivers caring family units providing care for
12 homebound elderly individuals.
13 (6) The department shall adopt rules establishing
14 program components and standards and procedures for
15 determining the need for respite services and for service
16 delivery.
17 Section 17. Section 430.202, Florida Statutes, is
18 amended to read:
19 430.202 Community care for the elderly; legislative
20 intent.--The purpose of ss. 430.201-430.207 is to assist
21 functionally impaired elderly persons to live in living
22 dignified and reasonably independent lives in their own homes,
23 or in the homes of relatives or caregivers, through the
24 development, expansion, reorganization, and coordination of
25 various community-based services. The Legislature intends
26 that a coordinated continuum of care be established so that
27 functionally impaired elderly persons age 60 and older may age
28 in place in be assured the least restrictive, most
29 cost-effective, safe environment suitable to meeting their
30 needs. The Legislature intends that the most frail elders be
31 served first, provided that it has been determined that
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1 maintaining such persons in their home does not exceed the
2 average annual cost of nursing home care and does not
3 jeopardize their safety. The development of innovative
4 approaches to program management, staff training, and service
5 delivery, including the use of volunteers and private
6 resources, which have an impact on cost-avoidance,
7 cost-effectiveness, and program efficiency is encouraged.
8 Section 18. Section 430.205, Florida Statutes, is
9 amended to read:
10 430.205 Community care for the elderly program service
11 system.--
12 (1) The department, through the area agency on aging,
13 shall fund in each planning and service area at least one
14 community care for the elderly program service system that
15 provides assessment, care planning, service coordination, case
16 aide services, or case management; legal assistance;
17 counseling; material aid; companion, homemaker, and chore
18 services; shopping assistance; escort; transportation;
19 home-delivered meals; emergency home repair; respite care;
20 adult day care; adult day health care; personal care services;
21 home health aide services; emergency alert response;
22 consumable medical supplies; medical therapeutics; home
23 nursing; and other in-home and community-based community
24 services as needed to help functionally impaired elderly
25 persons the older person maintain independence and prevent or
26 delay more costly institutional care. To the maximum extent
27 practicable, the community care for the elderly program shall
28 be organized so as to provide a coordinated continuum and
29 appropriate level of care to such persons as their needs
30 change.
31
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1 (2) Lead agencies shall be selected every 3 years
2 pursuant to a request for proposals or an invitation to
3 negotiate issued by the area agency. Core services and other
4 support services may be furnished by public or private
5 agencies or organizations. Each community care service system
6 must be under the direction of a lead agency that coordinates
7 the activities of individual contracting agencies providing
8 community-care-for-the-elderly services. When practicable,
9 the activities of a community care service area must be
10 directed from a multiservice senior center and coordinated
11 with other services offered therein. This subsection does not
12 require programs in existence prior to the effective date of
13 this act to be relocated.
14 (a) The area agency shall select lead agencies using
15 guidelines developed by the department, in consultation with
16 the area agencies on aging, and adopted by rule. Such
17 guidelines must:
18 1. Promote high-quality, elder-friendly,
19 cost-effective services.
20 2. Encourage competition among service providers and
21 promote consumer choice.
22 3. Ensure that case managers and service coordinators
23 act on behalf of consumers and not as promoters of services
24 provided by their agency.
25 (b) An area agency on aging, with the concurrence of
26 the department, may exempt from the selection process:
27 1. Any lead agency or service provider who meets or
28 exceeds established minimum standards, as determined by the
29 department; or
30 2. Units of local government which provide a
31 fair-share local cash match, provide value-added activities,
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1 provide elders with a choice of case managers, meet the
2 guidelines provided in paragraph (a), and are subject to an
3 annual review to ensure compliance with these requirements.
4 (c) Each lead agency must compile community care for
5 the elderly program statistics for its service area.
6 (3) The department shall define each core service that
7 is to be provided or coordinated within a community care
8 service area and establish rules and minimum standards for the
9 delivery of core services.
10 (4) The department may conduct or contract for
11 research and demonstration projects to determine the
12 desirability of new concepts of organization, administration,
13 regulation, or service delivery designed to prevent the
14 premature institutionalization of functionally impaired
15 elderly persons. Evaluations shall be made of the
16 cost-effectiveness cost-avoidance of such demonstration
17 projects, the minimization of factors causing acute episodes
18 which result in hospitalization, the ability of the projects
19 to reduce the rate of placement of functionally impaired
20 elderly persons in long-term care institutions, and the impact
21 of projects on the use of institutional services and
22 facilities.
23 (5)(4) A preservice and inservice training program for
24 community-care-for-the-elderly service providers and staff may
25 be designed and implemented to help ensure assure the delivery
26 of quality services. The department shall specify in rules the
27 training standards and requirements for the
28 community-care-for-the-elderly service providers and staff.
29 Training must be sufficient to ensure that quality services
30 are provided to consumers clients and that appropriate skills
31 are developed to conduct the program.
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1 (6)(5) Functional impairment shall be determined
2 through an assessment administered to each applicant pursuant
3 to criteria developed by the department and adopted by rule.
4 Any person who has been classified as a functionally impaired
5 elderly person is eligible to receive community care for the
6 elderly community-care-for-the-elderly core services. However,
7 the assessment criteria shall permit the department to
8 prioritize service delivery to those most at risk for nursing
9 home placement, provided that it has been determined that
10 maintaining the person in the home provides the most
11 cost-effective delivery of needed care and does not jeopardize
12 the person's safety. Those elderly persons who are determined
13 by adult protective services to be elderly persons in need of
14 services, pursuant to s. 415.1045(2)(b), or to be victims of
15 abuse, neglect, or exploitation who are in need of immediate
16 services to prevent further harm and are referred by adult
17 protective services, shall be given primary consideration for
18 receiving community-care-for-the-elderly services. As used in
19 this subsection, "Primary consideration" means that an
20 assessment and services must commence within 72 hours after
21 referral to the department or as established in accordance
22 with department contracts by local protocols developed between
23 department service providers and adult protective services.
24 The department shall serve first those individuals most in
25 need as determined by the assessment, regardless of referral
26 source.
27 (7) In order to maximize resources, services shall
28 also be obtained through:
29 (a) The Florida Plan for Medical Assistance under
30 Title XIX of the Social Security Act, private insurance, or
31 benefits available through a corporate retirement program.
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1 (b) The state plan developed by the department
2 pursuant to s. 305 of Pub. L. No. 89-73, the federal Older
3 Americans Act of 1965, as amended.
4 (c) Health care taxing districts.
5 (d) Religious or charitable organizations or volunteer
6 programs.
7 (8) The department shall evaluate the coordination and
8 delivery of services within community care service areas.
9 Accurate analyses of the costs and benefits associated with
10 the establishment and operation of the programs, as determined
11 through a uniform cost-accounting and reporting system, shall
12 be maintained to provide an assessment of the ability of these
13 programs to:
14 (a) Reduce the rate of inappropriate entry and
15 placement of functionally impaired elderly persons in
16 institutions; and
17 (b) Reduce the use of institutional services and
18 facilities,
19
20 and to provide recommendations for legislative and
21 administrative action.
22 (9) The department shall adopt rules establishing
23 standards for the provision of care, and for the screening,
24 selection, training, and supervision of service providers and
25 staff providing services pursuant to this program.
26 Section 19. Section 430.2055, Florida Statutes, is
27 created to read:
28 430.2055 Community care for the elderly service
29 contracts and copayments.--
30 (1) The department or its designee agency shall
31 contract with public or private agencies or organizations for
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1 the provision of services required by a community care for the
2 elderly program. Whenever feasible, an area agency on aging
3 shall be the designee agency of preference. The contracting
4 agency shall ensure that all other funding sources and
5 informal community resources available have been considered
6 prior to utilizing community care for the elderly funds. The
7 department and contracting agency may accept gifts and grants
8 in order to fund services within a community care service
9 area.
10 (2) Agencies or organizations contracting to provide
11 community care for the elderly services under ss.
12 430.201-430.207 must provide a minimum of 10 percent of the
13 funding necessary for the support of project operations.
14 In-kind contributions, and contributions of money or services,
15 may be evaluated and counted as part or all of the required
16 local funding.
17 (3) Funds appropriated for community care for the
18 elderly must be used only for the provision of community care
19 for the elderly services and directly related expenditures.
20 The department may provide advance funding for a community
21 care for the elderly program. An area agency on aging may
22 directly provide services as permitted by federal regulation
23 and with the concurrence of the department.
24 (4) At the time of the initial assessment, a copayment
25 shall be assessed for services in accordance with a schedule
26 established by the department, in consultation with area
27 agencies on aging, lead agencies, and service providers, and
28 adopted by rule. The copayment schedule shall be proportional
29 to the functionally impaired elderly person's overall ability
30 to pay.
31
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1 (5) The department shall adopt rules to implement this
2 section.
3 Section 20. Section 430.206, Florida Statutes, is
4 amended to read:
5 430.206 Multiservice senior center.--
6 (1) If practicable, multiservice senior centers shall
7 be established to provide a structurally integrated system for
8 delivering a broad spectrum of services, including health,
9 mental health, social, nutritional, and educational services;
10 wellness and preventive health programs; housing resources;
11 information and referral; and the provision of facilities for
12 recreational activities, to center services shall be available
13 to functionally impaired elderly persons and their caregivers
14 in a culturally appropriate fashion.
15 (2) If feasible, a multiservice senior center must be
16 centrally located and easily accessible to public
17 transportation. Provision may be made for transporting persons
18 to the center. A center shall be designed to provide ease of
19 access and use, considering the infirmities of elderly
20 persons.
21 (3) State funds appropriated to construct, acquire, or
22 renovate a multiservice senior center shall entitle the
23 department to a proportionate reversionary interest in the
24 center. The sale of such center shall not occur without
25 written notice to the department.
26 Section 21. Section 430.207, Florida Statutes, is
27 amended to read:
28 430.207 Confidentiality of information.--Information
29 about functionally impaired elderly persons who receive
30 services under ss. 430.201-430.206 which is received through
31 files, reports, inspections, or otherwise, by the department
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1 or by authorized departmental employees, by persons who
2 volunteer services, or by persons who provide services to
3 functionally impaired elderly persons under ss.
4 430.201-430.206 through contracts with the department is
5 confidential and exempt from the provisions of s. 119.07(1).
6 Such information may not be disclosed publicly in such a
7 manner as to identify a functionally impaired elderly person,
8 unless that person or his or her legal guardian provides
9 written consent.
10 Section 22. Section 430.41, Florida Statutes, is
11 amended to read:
12 430.41 Grants and Donations Trust Fund.--
13 (1) The Grants and Donations Trust Fund is hereby
14 created, to be administered by the Department of Elderly
15 Affairs. Funds to be credited to the trust fund shall include
16 all public and private grants and donations to the department,
17 except for grants provided by the Federal Government and other
18 earnings that are deposited into the Operations and
19 Maintenance Trust Fund of the department. Funds from the
20 Grants and Donations Trust Fund shall be used to fulfill
21 agreements made with grantors and contributors and such other
22 purposes as may be appropriate and shall only be expended
23 pursuant to legislative appropriation or an approved amendment
24 to the department's operating budget pursuant to the
25 provisions of chapter 216. The department may seek and receive
26 grants, donations, honoraria, and sponsorships to be credited
27 to the trust fund and used in support of the mission of the
28 department, including training and education of caregivers,
29 service providers, and administrators, and for publishing of
30 the Elder Update, an educational newspaper for the elderly.
31
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1 (2) Notwithstanding the provisions of s. 216.301 and
2 pursuant to s. 216.351, any balance in the trust fund at the
3 end of any fiscal year shall remain in the trust fund and
4 shall be available for carrying out the purposes of the trust
5 fund. The trust fund is exempt from the service charges
6 imposed by s. 215.20.
7 Section 23. Section 430.42, Florida Statutes, is
8 transferred and renumbered as section 430.82, Florida
9 Statutes.
10 Section 24. Section 430.43, Florida Statutes, is
11 created to read:
12 430.43 Time-limited project, grant, or trust fund
13 personnel.--If, in executing the terms of grants, trust funds,
14 or contracts for specific projects, the employment of
15 personnel is required, such personnel shall not be subject to
16 the requirements for authorized positions provided in s.
17 216.262(1)(a). In addition, the personnel employed to plan and
18 administer such projects in certain positions specified by the
19 Secretary of Elderly Affairs, upon consultation with the
20 Department of Management Services, shall be considered in
21 time-limited employment not to exceed the duration of the
22 grant or until completion of the project, whichever first
23 occurs. Such time-limited employees shall not acquire
24 retention rights under the Career Service System, the
25 provisions of s. 110.205(1) to the contrary notwithstanding.
26 However, all other career service rights remain applicable
27 unless the specified time-limited position is also designated
28 by the secretary to be in the Selected Exempt Service System.
29 Any employee holding permanent career service status in the
30 department who is appointed to a specified time-limited
31
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1 position not designated as selected exempt service shall
2 retain such permanent status in the career service.
3 Section 25. Section 430.5011, Florida Statutes, is
4 created to read:
5 430.5011 Short title.--Sections 430.5011-430.504 may
6 be cited as the "Alzheimer's Disease Initiative."
7 Section 26. Section 430.501, Florida Statutes, is
8 transferred, renumbered as section 430.5012, and amended to
9 read:
10 430.5012 430.501 Alzheimer's Disease Advisory
11 Committee; research grants.--
12 (1) It is the finding of the Legislature that
13 Alzheimer's disease and similar major memory disorders affect
14 an alarmingly high percentage of citizens, primarily those
15 over 65 years of age, and yet little is known of the cause,
16 prevention, or treatment of this disease.
17 (1)(2) There is created an Alzheimer's Disease
18 Advisory Committee, composed of 10 members to be selected by
19 the Governor, which shall advise the Department of Elderly
20 Affairs in the performance of its duties under this act. All
21 members must be residents of the state. The committee shall
22 advise the department regarding legislative, programmatic, and
23 administrative matters that relate to Alzheimer's disease and
24 related disorders, and victims thereof and their caretakers.
25 All members must be residents of the state.
26 (2)(3)(a) The committee membership shall be
27 representative as follows:
28 1. At least 4 of the 10 members must be licensed
29 pursuant to chapter 458 or chapter 459 or hold a Ph.D. degree
30 and be currently involved in the research of Alzheimer's
31 disease.
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1 2. The 10 members must include at least 4 persons who
2 have been caregivers of victims of Alzheimer's disease.
3 3. Whenever possible, the 10 members shall include 1
4 each of the following professionals: a gerontologist, a
5 geriatric psychiatrist, a geriatrician, a neurologist, a
6 social worker, and a registered nurse.
7 (b)1. The Governor shall appoint members from a broad
8 cross section of public, private, and volunteer sectors. All
9 nominations shall be forwarded to the Governor by the
10 secretary of the department Elderly Affairs in accordance with
11 this subsection.
12 2. Members shall be appointed to 4-year staggered
13 terms in accordance with s. 20.052.
14 3. The secretary of the department Elderly Affairs
15 shall serve as an ex officio member of the committee.
16 4. The committee shall elect one of its members to
17 serve as chair for a term of 1 year.
18 5. The committee may establish subcommittees as
19 necessary to carry out the functions of the committee.
20 6. The committee shall meet quarterly, or as
21 frequently as needed.
22 7. The department of Elderly Affairs shall provide
23 staff support to assist the committee in the performance of
24 its duties.
25 8. Members of the committee and subcommittees shall
26 receive no salary, but are entitled to reimbursement for
27 travel and per diem expenses, as provided in s. 112.061, while
28 performing their duties under this section.
29 (3) The Alzheimer's Disease Advisory Committee shall
30 evaluate the need for additional memory disorder clinics as
31 established in s. 430.502.
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1 (4) If funds are made available through gifts, grants,
2 or other sources, the Department of Elderly Affairs shall
3 deposit such funds into its Grants and Donations Trust Fund
4 and shall award research grants to qualified profit or
5 nonprofit associations and institutions or governmental
6 agencies in order to plan, establish, or conduct programs in
7 Alzheimer's disease control or prevention, education and
8 training, and research. The department may adopt rules
9 necessary to carry out these duties.
10 Section 27. Section 430.502, Florida Statutes, is
11 amended to read:
12 430.502 Alzheimer's disease; memory disorder clinics
13 and day care and respite care programs.--
14 (1) The Legislature finds that Alzheimer's disease and
15 similar major memory disorders affect an alarmingly high
16 percentage of adults, primarily those over 65 years of age,
17 and yet little is known of the cause, prevention, or treatment
18 of this disease. Therefore, the Legislature intends that
19 memory disorder clinics be established for the purpose of
20 conducting research and training in a diagnostic and
21 therapeutic setting for persons suffering from Alzheimer's
22 disease and related memory disorders.
23 (2)(1) There is established:
24 (a) A memory disorder clinic at each of the three
25 medical schools in this state;
26 (b) A memory disorder clinic at a major private
27 nonprofit research-oriented teaching hospital, and may fund a
28 memory disorder clinic at any of the other affiliated teaching
29 hospitals;
30 (c) A memory disorder clinic at the Mayo Clinic in
31 Jacksonville;
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1 (d) A memory disorder clinic at the West Florida
2 Regional Medical Center;
3 (e) The East Central Florida Memory Disorder Clinic at
4 the Joint Center for Advanced Therapeutics and Biomedical
5 Research of the Florida Institute of Technology and Holmes
6 Regional Medical Center, Inc.;
7 (f) A memory disorder clinic at the Orlando Regional
8 Healthcare System, Inc.;
9 (g) A memory disorder center located in a public
10 hospital that is operated by an independent special hospital
11 taxing district that governs multiple hospitals and is located
12 in a county with a population greater than 800,000 persons;
13 (h) A memory disorder clinic at St. Mary's Medical
14 Center in Palm Beach County;
15 (i) A memory disorder clinic at the Tallahassee
16 Memorial Regional Medical Center;
17 (j) A memory disorder clinic at Lee Memorial Hospital
18 created by chapter 63-1552, Laws of Florida, as amended; and
19 (k) A memory disorder clinic at Sarasota Memorial
20 Hospital in Sarasota County.,
21
22 for the purpose of conducting research and training in a
23 diagnostic and therapeutic setting for persons suffering from
24 Alzheimer's disease and related memory disorders. However,
25 Memory disorder clinics funded as of June 30, 1995, shall not
26 receive decreased funding due solely to subsequent additions
27 of memory disorder clinics in this subsection.
28 (3)(2) It is the intent of the Legislature that
29 Research conducted by a memory disorder clinic and supported
30 by state funds pursuant to subsection (2) shall (1) be applied
31 research, be service-related, and be selected in consultation
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1 conjunction with the department. Such research may address,
2 but is not limited to, diagnostic technique, therapeutic
3 interventions, and supportive services for persons suffering
4 from Alzheimer's disease and related memory disorders and
5 their caregivers. Research A memory disorder clinic shall be
6 conducted conduct such research in accordance with a research
7 plan and incorporate developed by the clinic which establishes
8 research objectives as specified in this section that are in
9 accordance with this legislative intent. A memory disorder
10 clinic shall also complete and submit to the department
11 periodic research status updates and a final report of the
12 findings, conclusions, and recommendations of completed
13 research, and shall provide all site data to the department's
14 Alzheimer's research database. This subsection does not apply
15 to those memory disorder clinics at the three medical schools
16 in the state or at the major private nonprofit
17 research-oriented teaching hospital or other affiliated
18 teaching hospital.
19 (3) The Alzheimer's Disease Advisory Committee must
20 evaluate the need for additional memory disorder clinics in
21 the state. The first report will be due by December 31, 1995.
22 (4) Pursuant to the provisions of s. 287.057, the
23 department of Elderly Affairs may contract with the memory
24 disorder clinics for the provision of specialized model day
25 care programs in conjunction with the memory disorder clinics.
26 The purpose of each model day care program must be to provide
27 innovative service delivery to persons suffering from
28 Alzheimer's disease or a related memory disorder and training
29 for health care and social service personnel in the care of
30 persons having Alzheimer's disease or related memory
31 disorders.
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1 (5) Pursuant to s. 287.057, the department of Elderly
2 Affairs shall contract for the provision of respite care. All
3 funds appropriated for the provision of respite care shall be
4 distributed annually by the department to each planning and
5 service area funded county according to an allocation formula
6 developed by the department. In developing the formula, the
7 department shall consider the number and proportion of the
8 county population of individuals in the area who are 75 years
9 of age and older.
10 (6) Each respite care program may shall be used as a
11 resource for research and statistical data by the memory
12 disorder clinics established in this section part. In
13 consultation with the memory disorder clinics, the department
14 shall specify the information to be provided by the respite
15 care programs for such research purposes. The memory disorder
16 clinic shall be responsible for reporting any research results
17 as provided under subsection (3).
18 (7) If funds are made available for Alzheimer's
19 research through gifts, grants, or other sources, the
20 department shall deposit such funds into its Grants and
21 Donations Trust Fund, and shall award research grants to
22 qualified profit or not-for-profit associations and
23 institutions or governmental agencies in order to plan,
24 establish, or conduct programs in Alzheimer's disease control
25 or prevention, education and training, and research.
26 (8) The department shall adopt rules as necessary to
27 implement this section.
28 (6) Each contract entered into pursuant to this
29 section must contain a requirement for a research component to
30 be completed and reported on in writing to the department
31
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1 according to specifications and within a timeframe provided by
2 the department.
3 Section 28. Section 430.503, Florida Statutes, is
4 amended to read:
5 430.503 Alzheimer's Disease Initiative copayments;
6 fees and administrative expense.--
7 (1) Sections 430.501-430.504 may be cited as the
8 "Alzheimer's Disease Initiative."
9 (2) To assist in covering the cost of services
10 provided pursuant to the Alzheimer's Disease Initiative,
11 provider agencies shall be are responsible for assessing a
12 copayment the collection of fees for services in accordance
13 with a schedule established rules adopted by the department
14 and adopted by rule. The copayment schedule shall be
15 proportional to the Provider agencies shall assess fees for
16 services rendered in accordance with those rules. To help pay
17 for services received pursuant to the Alzheimer's Disease
18 Initiative, a functionally impaired elderly person's overall
19 ability to pay and person shall be assessed a fee based on an
20 overall ability to pay. The fee to be assessed shall be fixed
21 according to a schedule to be established by the department.
22 Services of specified value may be accepted in lieu of a fee.
23 The fee schedule shall be developed in consultation
24 cooperation with the Alzheimer's Disease Advisory Committee,
25 area agencies on aging, and service providers. The area agency
26 on aging shall determine who shall be responsible for
27 collecting the copayment.
28 Section 29. Section 430.504, Florida Statutes, is
29 amended to read:
30 430.504 Confidentiality of information.--Information
31 about clients of programs created or funded under s. 430.502
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1 430.501 or s. 430.503 which is received through files,
2 reports, inspections, or otherwise, by the department or by
3 authorized departmental employees, by persons who volunteer
4 services, or by persons who provide services to clients of
5 programs created or funded under s. 430.502 430.501 or s.
6 430.503 through contracts with the department is confidential
7 and exempt from the provisions of s. 119.07(1). Such
8 information may not be disclosed publicly in such a manner as
9 to identify a person who receives services under s. 430.502
10 430.501 or s. 430.503, unless that person or that person's
11 legal guardian provides written consent.
12 Section 30. Section 430.601, Florida Statutes, is
13 amended to read:
14 430.601 Home care for the elderly; legislative
15 intent.--It is the intent of the Legislature to encourage the
16 provision of care for elderly persons living the elderly in
17 family-type living arrangements in private homes as an
18 alternative to institutional or nursing home care. for such
19 persons. The provisions of ss. 430.601-430.606 are intended
20 to be supplemental to the provisions of chapter 400, relating
21 to the licensing and regulation of nursing homes and assisted
22 living facilities, and do not exempt any person who is
23 otherwise subject to regulation under the provisions of that
24 chapter.
25 Section 31. Section 430.603, Florida Statutes, is
26 amended to read:
27 430.603 Home care for the elderly program; rules.--
28 (1) The department shall administer the home care for
29 the elderly program, which provides a subsidy to a person who
30 provides, on a not-for-profit basis, basic maintenance and
31 supervision, and any necessary additional in-home services,
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1 for one to three elderly persons in a family-type living
2 arrangement in a private home.
3 (2) The department shall by rule establish minimum
4 standards and procedures for the provision of home care for
5 the elderly and for the screening, selection, training, and
6 supervision approval of persons seeking to provide such care.
7 Any person who is approved to provide care, goods, or services
8 for an elderly person shall be eligible for the subsidy
9 payments described in s. 430.605. However, the home care for
10 the elderly program must be operated within the funds
11 appropriated by the Legislature.
12 Section 32. Section 430.604, Florida Statutes, is
13 amended to read:
14 430.604 Department determination of inability to
15 provide home care.--Any If a person planning who plans to
16 provide home care under ss. 430.601-430.606 who is found by
17 the department, or its designee, to be unable to provide this
18 care must be notified, the department must notify the person
19 seeking to provide home care of this determination, and that
20 the person is not eligible for subsidy payments under ss.
21 430.601-430.606.
22 Section 33. Section 430.605, Florida Statutes, is
23 amended to read:
24 430.605 Subsidy payments.--The department shall
25 develop and adopt by rule a schedule of subsidy payments to be
26 made to persons providing home care, and to providers of goods
27 and services, for certain eligible elderly persons. Payments
28 must be based on the financial status of the person receiving
29 care and include. Payments must include, but need not be
30 limited to:
31
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1 (1) A basic support and maintenance payment for
2 element, including costs of housing, food, clothing, and
3 incidentals.
4 (2) Payments for medical, pharmaceutical, and dental
5 services essential to maintain the health of the elderly
6 person and not covered by Medicare, Medicaid, or any form of
7 insurance.
8 (2)(3) When necessary, special supplement payments
9 supplements to provide for any goods and services and
10 specialized care required to maintain the health and
11 well-being of the elderly person not already covered by public
12 or private insurance, including Medicare or Medicaid.
13 Extraordinary medical, dental, or pharmaceutical expenses may
14 be paid as a special supplement.
15 Section 34. Section 430.701, Florida Statutes, is
16 amended to read:
17 430.701 Legislative findings and intent.--The
18 Legislature finds that state expenditures for long-term care
19 services continue to increase at a rapid rate and that Florida
20 faces increasing pressure in its efforts to meet the long-term
21 care needs of its elderly residents the public. It is
22 therefore the intent of the Legislature that the department of
23 Elderly Affairs, in consultation with the Agency for Health
24 Care Administration, implement long-term care community
25 diversion pilot projects to test the effectiveness of managed
26 care and outcome-based reimbursement principles to the
27 provision of cost-effective when applied to long-term care.
28 Section 35. Section 430.702, Florida Statutes, is
29 amended to read:
30
31
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1 430.702 Short title.--Sections 430.701-430.710 This
2 act may be cited as the "Long-Term Care Community Diversion
3 Pilot Project Act."
4 Section 36. Section 430.703, Florida Statutes, is
5 amended to read:
6 430.703 Definitions.--As used in ss. 430.701-430.710
7 this act, the term:
8 (1) "Agency" means the Agency for Health Care
9 Administration.
10 (2) "Community diversion" means a strategy that places
11 participants in the most appropriate care settings and
12 provides comprehensive home and community-based services of
13 sufficient quantity, type, and duration to prevent or delay
14 the need for long-term placement in a nursing facility.
15 (2)(3) "Community diversion pilot project" means any
16 pilot service delivery system that places participants in the
17 most appropriate care settings and provides comprehensive home
18 and community-based services of sufficient quantity, type, and
19 duration to prevent or delay the need for long-term placement
20 in a nursing facility.
21 (3)(4) "Community diversion pilot project area" means
22 a geographic area selected by the department where the
23 department will conduct a community diversion pilot project.
24 (5) "Department" means the Department of Elderly
25 Affairs.
26 (4)(6) "Managed care organization" means an entity
27 that meets the requirements of the Department of Insurance for
28 operation as a health maintenance organization and meets the
29 qualifications for participation as a managed care
30 organization established by the agency and the department.
31
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1 (5)(7) "Participant" means an individual enrolled in a
2 community diversion pilot project.
3 Section 37. Section 430.705, Florida Statutes, is
4 amended to read:
5 430.705 Implementation of the long-term care community
6 diversion pilot projects.--
7 (1) In designing and implementing the community
8 diversion pilot projects, the department shall:
9 (a) Work in consultation with the agency.
10 (b) Develop a capitation rate-setting method that:
11 1. Ensures sufficient savings from the state Medicaid
12 nursing home budget category to fund community diversion pilot
13 projects.
14 2. Ensures that expenditures do not exceed the average
15 nursing home cost in the pilot project area, excluding
16 Medicaid acute care costs and Medicaid cost-sharing.
17 (c) Evaluate:
18 1. The standards in existing Medicaid managed care
19 contracts to determine if they are sufficient to ensure
20 access, quality, and cost-effective services to frail elders.
21 2. The cost-effectiveness of the services provided
22 through the pilot projects.
23 3. The impact of nursing home bed growth on state
24 expenditures.
25 4. Methods to encourage competition among long-term
26 care service providers in order to facilitate improved service
27 quality, price, and participant satisfaction.
28 5. Criteria for selecting managed care organizations,
29 including quality assurance processes, grievance procedures,
30 service costs, accessibility, adequacy of provider networks,
31 and administrative costs.
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1 6. Criteria for participant eligibility.
2 7. The provision of services to determine if the
3 participants' quality of life has improved.
4 (d)(2) The department shall Select projects whose
5 design and providers demonstrate capacity to maximize the
6 placement of participants in the least restrictive appropriate
7 care setting.
8 (e)(3) The department shall Provide to prospective
9 participants a choice of participating in a community
10 diversion pilot project or any other appropriate placement
11 available. To the extent possible, individuals shall be
12 allowed to choose their care providers, including long-term
13 care service providers affiliated with an individual's
14 religious faith or denomination.
15 (f)(4) The department shall Enroll participants.
16 Providers shall not directly enroll participants in community
17 diversion pilot projects.
18 (2)(5) In selecting the pilot project area, the
19 department shall consider the following factors in the area:
20 (a) The nursing home occupancy level.
21 (b) The number of certificates of need awarded for
22 nursing home beds for which renovation, expansion, or
23 construction has not begun.
24 (c) The annual number of additional nursing home beds.
25 (d) The annual number of nursing home admissions.
26 (e) The adequacy of community-based long-term care
27 service providers.
28 (f) The availability of managed care organizations.
29 (3)(6) The department may require participants to
30 contribute to their cost of care in an amount not to exceed
31
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1 the cost-sharing required of Medicaid-eligible nursing home
2 residents.
3 (4)(7) Community diversion pilot projects must:
4 (a) Provide services for participants that are of
5 sufficient quality, quantity, type, and duration to prevent or
6 delay nursing facility placement.
7 (b) Integrate acute and long-term care services, and
8 the funding sources for such services, as feasible.
9 (c) Encourage individuals, families, and communities
10 to plan for their long-term care needs.
11 (d) Provide skilled and intermediate nursing facility
12 care for participants who cannot be adequately cared for in
13 noninstitutional settings.
14 Section 38. Subsection (1) of section 430.707, Florida
15 Statutes, is amended to read:
16 430.707 Contracts.--
17 (1) The department, in consultation with the agency,
18 shall select and contract with managed care organizations to
19 provide long-term care within community diversion pilot
20 project areas. Such contracts shall include qualifications for
21 participation as a managed care organization, criteria for
22 participant eligibility, and quality of care standards for
23 community diversion pilot projects. Such quality of care
24 standards shall apply to all contractors and subcontractors
25 and must include outcome measures, utilization review,
26 grievance and conflict resolution, patient satisfaction, and
27 care and service standards.
28 Section 39. Section 430.80, Florida Statutes, is
29 transferred and renumbered as section 400.337, Florida
30 Statutes.
31
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 2330
10-937-00 See HB
1 Section 40. Sections 430.02, 430.04, 430.101, 430.203,
2 430.204, 430.602, 430.704, 430.706, and 430.710, Florida
3 Statutes, are repealed.
4 Section 41. This act shall take effect July 1, 2000.
5
6 *****************************************
7 LEGISLATIVE SUMMARY
8
Revises, clarifies, and conforms provisions relating to
9 organization and responsibilities of the Department of
Elderly Affairs and to various programs administered by
10 the department.
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