Senate Bill sb0576c2

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    Florida Senate - 2002                     CS for CS for SB 576

    By the Committees on Finance and Taxation; Health, Aging and
    Long-Term Care; and Senator Wise




    314-2053-02

  1                      A bill to be entitled

  2         An act relating to persons with disabilities;

  3         creating s. 413.402, F.S.; directing the

  4         Florida Association of Centers for Independent

  5         Living to develop a personal care attendant

  6         pilot program to serve persons with spinal cord

  7         injuries; providing for memorandums of

  8         understanding with specified entities;

  9         providing eligibility for pilot program

10         participation; providing for selection and

11         training of participants and personal care

12         attendants; providing for assessment of

13         participants for work-related training

14         programs; providing for development of a plan

15         for program implementation; requiring a report

16         to the Legislature; providing for

17         implementation on a specified date; directing

18         the Department of Revenue to develop and

19         implement a tax collection enforcement

20         diversion program; providing for coordination

21         with the Florida Association of Centers for

22         Independent Living, the Florida Prosecuting

23         Attorneys Association, and the state attorneys'

24         offices; providing for deposit and use of funds

25         collected; directing the Revenue Estimating

26         Conference to make certain annual projections;

27         providing an appropriation; providing an

28         effective date.

29

30  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2002                     CS for CS for SB 576
    314-2053-02




  1         Section 1.  Section 413.402, Florida Statutes, is

  2  created to read:

  3         413.402  Personal care attendant pilot program.--The

  4  Florida Association of Centers for Independent Living shall

  5  develop a pilot program to provide personal care attendants to

  6  persons who are eligible pursuant to subsection (1). The

  7  association shall develop memorandums of understanding with

  8  the Department of Revenue, the Brain and Spinal Cord Injury

  9  Program in the Department of Health, the Florida Medicaid

10  program in the Agency for Health Care Administration, the

11  Florida Endowment Foundation for Vocational Rehabilitation,

12  and the Division of Vocational Rehabilitation of the

13  Department of Education.

14         (1)  Persons eligible to participate in the pilot

15  program must:

16         (a)  Be at least 18 years of age and be significantly

17  disabled due to a traumatic spinal cord injury;

18         (b)  Have been determined eligible for training

19  services from the Division of Vocational Rehabilitation of the

20  Department of Education; and

21         (c)  Either:

22         1.  Live in a nursing home; or

23         2.  Have moved out of a nursing home within the

24  preceding 180 days due to participation in a Medicaid home and

25  community-based waiver program targeted to persons with brain

26  or spinal cord injuries.

27         (2)  The association shall develop a training program

28  for training persons selected to participate in the pilot

29  program that will prepare each person to manage his or her own

30  personal care attendant.

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    Florida Senate - 2002                     CS for CS for SB 576
    314-2053-02




  1         (3)  The association, in cooperation with the Florida

  2  Endowment Foundation for Vocational Rehabilitation, shall

  3  develop a program to recruit, screen, and select candidates to

  4  be trained as personal care attendants. The services of a

  5  nurse registry licensed under s. 400.506 may be used to

  6  recruit and screen candidates and to operate as a fiscal

  7  intermediary through which payments are made to individuals

  8  performing services as a personal care attendant under this

  9  pilot program. The Agency for Health Care Administration shall

10  seek any federal waivers necessary to implement this

11  subsection.

12         (4)  The association, in cooperation with the Florida

13  Endowment Foundation for Vocational Rehabilitation, shall

14  develop a training program for personal care attendants.

15         (5)  The association, in cooperation with the Florida

16  Endowment Foundation for Vocational Rehabilitation, shall

17  establish procedures for selecting persons eligible under

18  subsection (1) to participate in the pilot program.

19         (6)  The association, in cooperation with the Division

20  of Vocational Rehabilitation of the Department of Education,

21  shall assess the selected participants and make

22  recommendations for their placement into appropriate

23  work-related training programs.

24         (7)  The association, in cooperation with the

25  Department of Revenue, the Brain and Spinal Cord Injury

26  Program in the Department of Health, the Florida Medicaid

27  program in the Agency for Health Care Administration, a

28  representative from the state attorney's office in each of the

29  counties participating in the pilot program, the Florida

30  Endowment Foundation for Vocational Rehabilitation, and the

31  Division of Vocational Rehabilitation of the Department of

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    Florida Senate - 2002                     CS for CS for SB 576
    314-2053-02




  1  Education, shall develop a plan for implementation of the

  2  pilot program.

  3         (8)  No later than March 1, 2003, the association shall

  4  present to the President of the Senate and to the Speaker of

  5  the House of Representatives the implementation plan for the

  6  pilot program, a timeline for implementation, estimates of the

  7  number of participants to be served, and cost projections for

  8  each component of the pilot program. The pilot program shall

  9  be implemented beginning July 1, 2003, unless there is

10  specific legislative action to the contrary.

11         Section 2.  The Department of Revenue, in coordination

12  with the the Florida Association of Centers for Independent

13  Living and the Florida Prosecuting Attorneys Association,

14  shall select four counties in which to operate the pilot

15  program. The association and the state attorneys' offices in

16  Duval County and the four pilot program counties shall develop

17  and implement a tax collection enforcement diversion program,

18  which shall collect revenue due from persons who have not

19  remitted their collected sales tax. The criteria for referral

20  to the tax collection enforcement diversion program shall be

21  determined cooperatively between the state attorneys' offices

22  in those counties and the Department of Revenue.

23         (1)  Notwithstanding the provisions of section 212.20,

24  Florida Statutes, 25 percent of the revenues collected from

25  the tax collection enforcement diversion program shall be

26  deposited into the operating account of the Florida Endowment

27  Foundation for Vocational Rehabilitation, to be used to

28  implement the personal care attendant pilot program.

29         (2)  The pilot program shall operate only from funds

30  deposited into the operating account of the Florida Endowment

31  Foundation for Vocational Rehabilitation.

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    Florida Senate - 2002                     CS for CS for SB 576
    314-2053-02




  1         (3)  The Revenue Estimating Conference shall annually

  2  project the amount of funds expected to be generated from the

  3  tax collection enforcement diversion program.

  4         Section 3.  There is appropriated from the Brain and

  5  Spinal Cord Injury Program Trust Fund to the Florida Endowment

  6  Foundation for Vocational Rehabilitation the sum of $250,000

  7  in nonrecurring funds for fiscal year 2002-2003 for

  8  development of the personal care attendant pilot program under

  9  section 413.402, Florida Statutes. The initial $50,000 from

10  each of the pilot program counties and Duval County deposited

11  with the Florida Endowment Foundation for Vocational

12  Rehabilitation shall be used to repay the $250,000 to the

13  Brain and Spinal Cord Injury Program Trust Fund.

14         Section 4.  This act shall take effect July 1, 2002.

15

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                            CS/SB 576

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19  The Committee Substitute authorizes the services of a nurse
    registry licensed under s. 400.506 to be used to recruit and
20  screen candidates and to operate as a fiscal intermediary
    through which payments are made to individuals performing
21  services as a personal care attendants under this pilot
    program. The Agency for Health Care Administration must seek
22  federal waivers necessary to implement these provisions.

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