HB 1481

CS

CHAMBER ACTION

1	The Committee on Future of Florida's Families recommends the
2	following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to health care; amending s. 400.506, F.S.;
8	deleting the requirement that a registered nurse referred
9	by a nurse registry make monthly visits to a patient;
10	amending ss. 413.402 and 413.4021, F.S., and s. 3 of
11	chapter 2002-286, Laws of Florida; making the program for
12	personal care attendants for spinal cord injury victims
13	permanent; providing powers and duties of the Department
14	of Health with respect to the program; providing criteria
15	for participation in the program; providing for an
16	oversight workgroup; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Paragraph (c) of subsection (10) of section
21	400.506, Florida Statutes, is amended to read:
22	400.506  Licensure of nurse registries; requirements;
23	penalties.--
24	(10)
25	(c)  The patient, the patient's family, or a person acting
26	on behalf of a patient at the time of contracting for services
27	through the nurse registry shall be advised of the availability
28	of registered nurses to make visits to the patient's home at an
29	additional cost. A registered nurse shall make monthly visits to
30	the patient's home to assess the patient's condition and quality
31	of care being provided by the certified nursing assistant or
32	home health aide. Any condition which in the professional
33	judgment of the nurse requires further medical attention shall
34	be reported to the attending physician and the nurse registry.
35	The assessment shall become a part of the patient's file with
36	the nurse registry and may be reviewed by the agency during
37	their survey procedure.
38	Section 2.  Section 413.402, Florida Statutes, is amended
39	to read:
40	413.402  Personal care attendant pilot program.--The
41	Florida Association of Centers for Independent Living, in
42	conjunction with the Brain and Spinal Cord Injury Program in the
43	Department of Health, shall develop a pilot program to provide
44	personal care attendants to persons who are eligible pursuant to
45	subsection (1). The association and the Department of Health
46	shall jointly develop memoranda of understanding with the
47	Department of Revenue, the Brain and Spinal Cord Injury Program
48	in the Department of Health, the Florida Medicaid program in the
49	Agency for Health Care Administration, the Florida Endowment
50	Foundation for Vocational Rehabilitation, and the Division of
51	Vocational Rehabilitation of the Department of Education.
52	(1)  Persons eligible to participate in the pilot program
53	must:
54	(a)  Be at least 18 years of age and be significantly
55	disabled due to a traumatic spinal cord injury;
56	(b)  Require a personal care attendant for bathing,
57	dressing, bowel and bladder management, and transportation;
58	(c)  Have been determined eligible for training services
59	from the Division of Vocational Rehabilitation of the Department
60	of Education; and
61	(d)  Require a personal care attendant to obtain or
62	maintain substantial gainful employment;
63	(e)  Be able to hire and supervise a personal care
64	attendant; and
65	(f)(c)  Either:
66	1.  Live in a nursing home; or
67	2.  Have moved out of a nursing home within the preceding
68	180 days due to participation in a Medicaid home and community-
69	based waiver program targeted to persons with brain or spinal
70	cord injuries; or
71	3.  Presently be employed but because of a loss of a
72	caregiver be in danger of losing employment and potentially
73	returning to a nursing home.
74	(2)  The association shall develop a training program for
75	training persons selected to participate in the pilot program
76	that will prepare each person to manage his or her own personal
77	care attendant.
78	(3)(a)  The association and the Department of Health, in
79	cooperation with the Florida Endowment Foundation for Vocational
80	Rehabilitation, shall develop a program to recruit, screen, and
81	select candidates to be trained as personal care attendants.
82	(b)  The services of a nurse registry licensed pursuant to
83	s. 400.506 may be utilized to recruit and screen candidates and
84	to operate as a fiscal intermediary through which payments are
85	made to individuals performing services as personal care
86	attendants under the pilot program. The Department of Health and
87	the Agency for Health Care Administration shall seek any federal
88	waivers necessary to implement this provision.
89	(4)  The association and the Department of Health, in
90	cooperation with the Florida Endowment Foundation for Vocational
91	Rehabilitation, shall develop a training program for personal
92	care attendants.
93	(5)  The association, in cooperation with the Department of
94	Health and the Florida Endowment Foundation for Vocational
95	Rehabilitation, shall establish procedures for selecting persons
96	eligible under subsection (1) to participate in the pilot
97	program.
98	(6)  The personal care attendant program association, in
99	cooperation with the Division of Vocational Rehabilitation of
100	the Department of Education, shall assess the selected
101	participants and make recommendations for their placement into
102	appropriate work-related training programs.
103	(7)  The association, in cooperation with the Department of
104	Revenue, the Brain and Spinal Cord Injury Program in the
105	Department of Health, the Florida Medicaid program in the Agency
106	for Health Care Administration, a representative from the state
107	attorney's office in each of the judicial circuits counties
108	participating in the pilot program, the Florida Endowment
109	Foundation for Vocational Rehabilitation, and the Division of
110	Vocational Rehabilitation of the Department of Education, shall
111	develop a plan for implementation of the pilot program.
112	(8)  The Department of Health shall establish a personal
113	care attendant program oversight workgroup to oversee the
114	implementation and administration of the program. The workgroup
115	shall be composed of one representative from the Brain and
116	Spinal Cord Injury Program in the Department of Health, one
117	representative from the Department of Revenue, one
118	representative from the Florida Medicaid Program in the Agency
119	for Health Care Administration, one representative from the
120	Florida Endowment Foundation for Vocational Rehabilitation, one
121	representative from the Florida Association of Centers for
122	Independent Living, one representative from the Division of
123	Vocational Rehabilitation of the Department of Education, and
124	two members who are persons with traumatic spinal cord injuries
125	or are family members of persons with traumatic spinal cord
126	injuries. No later than March 1, 2003, the association shall
127	present to the President of the Senate and to the Speaker of the
128	House of Representatives the implementation plan for the pilot
129	program, a timeline for implementation, estimates of the number
130	of participants to be served, and cost projections for each
131	component of the pilot program. The pilot program shall be
132	implemented beginning July 1, 2003, unless there is specific
133	legislative action to the contrary.
134	Section 3.  Section 413.4021, Florida Statutes, is amended
135	to read:
136	413.4021  Pilot Program participant county selection; tax
137	collection enforcement diversion program.--The Department of
138	Revenue, in coordination with the Florida Association of Centers
139	for Independent Living and the Florida Prosecuting Attorneys
140	Association, shall select judicial circuits four counties in
141	which to operate the pilot program. The association and the
142	state attorneys' offices in Duval County and the four pilot
143	program counties shall develop and implement a tax collection
144	enforcement diversion program, which shall collect revenue due
145	from persons who have not remitted their collected sales tax.
146	The criteria for referral to the tax collection enforcement
147	diversion program shall be determined cooperatively between the
148	state attorneys' offices in those counties and the Department of
149	Revenue.
150	(1)  Notwithstanding the provisions of s. 212.20, 50 25
151	percent of the revenues collected from the tax collection
152	enforcement diversion program shall be deposited into the
153	operating account of the Florida Endowment Foundation for
154	Vocational Rehabilitation, to be used to administer implement
155	the personal care attendant pilot program.
156	(2)  The pilot program shall operate only from funds
157	deposited into the operating account of the Florida Endowment
158	Foundation for Vocational Rehabilitation. The Florida Endowment
159	Foundation for Vocational Rehabilitation shall select the entity
160	to administer the personal care attendant program.
161	(3)  The Revenue Estimating Conference shall annually
162	project the amount of funds expected to be generated from the
163	tax collection enforcement diversion program.
164	(4)  For the 2003-2004 fiscal year only and notwithstanding
165	the provisions of subsection (1), 50 percent of the revenues
166	collected from the tax collection enforcement diversion program
167	shall be deposited into the operating account of the Florida
168	Endowment Foundation for Vocational Rehabilitation, to be used
169	to implement the personal care attendant pilot program and to
170	contract with the state attorneys participating in the tax
171	collection enforcement diversion program in an amount of not
172	more than $50,000 for each state attorney. This subsection
173	expires July 1, 2004.
174	Section 4.  Section 3 of chapter 2002-286, Laws of Florida,
175	is amended to read:
176	Section 3.  There is appropriated from the Brain and Spinal
177	Cord Injury Program Trust Fund to the Florida Endowment
178	Foundation for Vocational Rehabilitation the sum of $250,000 in
179	nonrecurring funds for fiscal year 2002-2003 for development of
180	the personal care attendant pilot program under s. 413.402,
181	Florida Statutes. The initial $50,000 from each of the pilot
182	program judicial circuits counties and the Fourth Judicial
183	Circuit Duval County deposited with the Florida Endowment
184	Foundation for Vocational Rehabilitation shall be used to repay
185	the $250,000 to the Brain and Spinal Cord Injury Program Trust
186	Fund.
187	Section 5.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.