Senate Bill sb0922c1

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    Florida Senate - 2007                            CS for SB 922

    By the Committee on Health Policy; and Senator Wise





    587-2148-07

  1                      A bill to be entitled

  2         An act relating to the personal care attendant

  3         program; amending s. 413.402, F.S.; revising

  4         provisions governing a program to provide

  5         personal care attendants for persons who have

  6         disabilities; requiring the Florida Endowment

  7         Foundation for Vocational Rehabilitation to

  8         enter into an agreement with the Florida

  9         Association of Centers for Independent Living

10         to administer a program to provide such

11         attendants to persons who have severe and

12         chronic disabilities; providing for payment for

13         the administration of the program; removing a

14         provision requiring interagency memoranda of

15         agreement; revising eligibility requirements

16         for participation in the personal care

17         attendant program; removing provisions

18         concerning the training, selection, and

19         recruitment of personal care attendants;

20         providing for training of program participants

21         concerning hiring and managing an attendant;

22         providing for the adoption and revision of

23         program policies and procedures by the

24         association in cooperation with an oversight

25         group; providing for membership in the

26         oversight group; amending s. 413.4021, F.S.;

27         increasing the percentage of revenues collected

28         from persons who fail to remit sales tax which

29         is deposited in the operating account of the

30         Florida Endowment Foundation for Vocational

31         Rehabilitation to administer the program;

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    Florida Senate - 2007                            CS for SB 922
    587-2148-07




 1         deleting a provision requiring that the Florida

 2         Endowment Foundation for Vocational

 3         Rehabilitation select an entity to administer

 4         the program; providing for automatic enrollment

 5         in the program for certain persons; providing

 6         an effective date.

 7  

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

 9  

10         Section 1.  Section 413.402, Florida Statutes, is

11  amended to read:

12         413.402  Personal care attendant program.--The Florida

13  Endowment Foundation for Vocational Rehabilitation shall enter

14  into an agreement with the Florida Association of Centers for

15  Independent Living to administer, in conjunction with the

16  Brain and Spinal Cord Injury Program in the Department of

17  Health, shall develop a program to provide personal care

18  attendants to persons who have severe and chronic disabilities

19  of all kinds and who are eligible under pursuant to subsection

20  (1). Effective July 1, 2007, the Florida Association of

21  Centers for Independent Living shall receive 15 percent of the

22  funds to be deposited with the Florida Endowment Foundation

23  for Vocational Rehabilitation pursuant to ss. 320.08068(4)(d)

24  and 413.4021(1), to administer the program. association and

25  the Department of Health shall jointly develop memoranda of

26  understanding with the Department of Revenue, the Florida

27  Medicaid program in the Agency for Health Care Administration,

28  the Florida Endowment Foundation for Vocational

29  Rehabilitation, and the Division of Vocational Rehabilitation

30  of the Department of Education.

31  

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    Florida Senate - 2007                            CS for SB 922
    587-2148-07




 1         (1)  In order to be Persons eligible to participate in

 2  the program, a person must:

 3         (a)  Be at least 18 years of age, be a Florida resident

 4  for at least 12 months immediately prior to application to the

 5  program, and be significantly and chronically disabled due to

 6  a traumatic spinal cord injury;

 7         (b)  Require a personal care attendant for assistance

 8  with or support for at least two activities of daily living as

 9  defined in s. 429.02, as determined by a physician or

10  psychiatrist bathing, dressing, bowel and bladder management,

11  and transportation;

12         (c)  Require a personal care attendant in order to

13  accept a job or maintain substantial gainful employment; and

14         (d)  Be able to acquire hire and direct supervise a

15  personal care attendant.; and

16         (e)  Meet one of the following requirements:

17         1.  Live in a nursing home;

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

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

20  community-based waiver program targeted to persons with brain

21  or spinal cord injuries; or

22         3.  Presently be employed but, because of a loss of a

23  caregiver, will lose employment and potentially return to a

24  nursing home.

25         (2)(a)  The association, in cooperation with the

26  Department of Health and the Florida Endowment Foundation for

27  Vocational Rehabilitation, shall develop a program to recruit,

28  screen, and select candidates to be trained as personal care

29  attendants.

30         (b)  The services of a nurse registry licensed pursuant

31  to s. 400.506 may be utilized to recruit and screen candidates

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    Florida Senate - 2007                            CS for SB 922
    587-2148-07




 1  and to operate as a fiscal intermediary through which payments

 2  are made to individuals performing services as personal care

 3  attendants under the program. The Department of Health and the

 4  Agency for Health Care Administration shall seek any federal

 5  waivers necessary to implement this provision.

 6         (3)  The Florida Association of Centers for Independent

 7  Living association and the Department of Health, in

 8  cooperation with the Florida Endowment Foundation for

 9  Vocational Rehabilitation, shall provide develop a training to

10  program participants on hiring and managing a personal care

11  attendant and, in cooperation with the oversight group

12  described in paragraph (b), adopt and revise the policies and

13  procedures governing the personal care attendant program and

14  the training program.

15         (b)  The oversight group shall include, but need not be

16  limited to, a member of the Florida Association of Centers for

17  Independent Living, a person who is participating in the

18  program, and one representative each from the Department of

19  Revenue, the Department of Children and Family Services, the

20  Division of Vocational Rehabilitation in the Department of

21  Education, the Medicaid program in the Agency for Health Care

22  Administration, the Florida Endowment Foundation for

23  Vocational Rehabilitation, and the Brain and Spinal Cord

24  Injury Program in the Department of Health program for

25  personal care attendants.

26         (4)  The association, in cooperation with the

27  Department of Health and the Florida Endowment Foundation for

28  Vocational Rehabilitation, shall establish procedures for

29  selecting persons eligible under subsection (1) to participate

30  in the program.

31  

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    Florida Senate - 2007                            CS for SB 922
    587-2148-07




 1         (5)  The association, in cooperation with the

 2  Department of Revenue, the Brain and Spinal Cord Injury

 3  Program in the Department of Health, the Florida Medicaid

 4  program in the Agency for Health Care Administration, a

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

 6  judicial circuits participating in the program, the Florida

 7  Endowment Foundation for Vocational Rehabilitation, and the

 8  Division of Vocational Rehabilitation of the Department of

 9  Education, shall develop a plan for implementation of the

10  program.

11         (6)  The Department of Health shall establish an

12  oversight workgroup for the personal care attendant program to

13  oversee the implementation and administration of the program.

14  The workgroup shall be composed of one representative from the

15  Brain and Spinal Cord Injury Program in the Department of

16  Health, one representative from the Department of Revenue, one

17  representative from the Florida Medicaid Program in the Agency

18  for Health Care Administration, one representative from the

19  Florida Endowment Foundation for Vocational Rehabilitation,

20  one representative from the Florida Association of Centers for

21  Independent Living, one representative from the Division of

22  Vocational Rehabilitation of the Department of Education, and

23  two members who are persons with traumatic spinal cord

24  injuries or are family members of persons with traumatic

25  spinal cord injuries.

26         Section 2.  Subsections (1) and (2) of section

27  413.4021, Florida Statutes, are amended to read:

28         413.4021  Program participant selection; tax collection

29  enforcement diversion program.--The Department of Revenue, in

30  coordination with the Florida Association of Centers for

31  Independent Living and the Florida Prosecuting Attorneys

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    Florida Senate - 2007                            CS for SB 922
    587-2148-07




 1  Association, shall select judicial circuits in which to

 2  operate the program. The association and the state attorneys'

 3  offices shall develop and implement a tax collection

 4  enforcement diversion program, which shall collect revenue due

 5  from persons who have not remitted their collected sales tax.

 6  The criteria for referral to the tax collection enforcement

 7  diversion program shall be determined cooperatively between

 8  the state attorneys' offices and the Department of Revenue.

 9         (1)  Notwithstanding the provisions of s. 212.20, 90 50

10  percent of the revenues collected from the tax collection

11  enforcement diversion program shall be deposited into the

12  operating account of the Florida Endowment Foundation for

13  Vocational Rehabilitation, to be used to administer the

14  personal care attendant program and to contract with the state

15  attorneys participating in the tax collection enforcement

16  diversion program in an amount of not more than $50,000 for

17  each state attorney.

18         (2)  The program shall operate only from funds

19  deposited into the operating account of the Florida Endowment

20  Foundation for Vocational Rehabilitation. The Florida

21  Endowment Foundation for Vocational Rehabilitation shall

22  select the entity to administer the personal care attendant

23  program.

24         Section 3.  Notwithstanding any other law, each person

25  enrolled in the personal care attendant program under s.

26  413.402, Florida Statutes, on June 30, 2007, and each person

27  enrolled in the pilot personal care attendant program in Lake,

28  Orange, Osceola, and Seminole Counties as authorized in

29  Specific Appropriation 340, chapter 2006-25, Laws of Florida,

30  on June 30, 2007, is automatically eligible for and enrolled

31  

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    Florida Senate - 2007                            CS for SB 922
    587-2148-07




 1  in the personal care attendant program, as amended by this act

 2  on July 1, 2007.

 3         Section 4.  This act shall take effect July 1, 2007.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                         Senate Bill 922

 7                                 

 8  This committee substitute requires the Florida Endowment
    Foundation for Vocational Rehabilitation to contract with the
 9  Florida Association of Centers for Independent Living (FACIL
    or association) to provide training to program participants on
10  hiring and managing a personal care attendant. It also
    provides that, effective July 1, 2007, the FACIL shall receive
11  15 percent of the funds to be deposited with the Florida
    Endowment Foundation for Vocational Rehabilitation pursuant to
12  ss. 320.08068(4)(d) and 413.4021(1), F.S., to administer the
    program.
13  
    The committee substitute increases the percent of the revenue
14  collected from the tax collection enforcement diversion
    program that is provided to the program from 50 percent to 90
15  percent; and, repeals a provision that the Florida Endowment
    Foundation for Vocational Rehabilitation shall select the
16  entity to administer the personal care attendant program.

17  The committee substitute provides that all persons who are
    enrolled in the existing personal care attendant program and
18  the Cross Disability pilot program on June 30, 2007, are
    automatically eligible for and enrolled in the revised
19  program.

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