HB 935

1	A bill to be entitled
2	An act relating to area agencies on aging; amending s.
3	20.41, F.S.; requiring the Department of Elderly Affairs
4	to contract with area agencies on aging to fulfill
5	programmatic and funding requirements; revising
6	responsibilities of the governing body of an area agency
7	on aging and the executive director of the agency;
8	amending s. 430.203, F.S.; revising the definition of
9	"lead agency"; removing obsolete language; revising
10	requirements with respect to the request for proposal
11	process for the designation of a lead agency for community
12	care for the elderly; providing construction with respect
13	to jurisdiction to entertain disputes relating to a
14	competitive procurement process developed by an area
15	agency on aging; eliminating provisions that require an
16	area agency on aging to exempt specified providers from
17	the competitive bid process; amending s. 430.2053, F.S.;
18	conforming a cross-reference; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Subsections (6), (7), (8), and (9) of section
23	20.41, Florida Statutes, are amended to read:
24	20.41  Department of Elderly Affairs.--There is created a
25	Department of Elderly Affairs.
26	(6)  In accordance with the federal Older Americans Act of
27	1965, as amended, the department shall designate and contract
28	with area agencies on aging in each of the department's planning
29	and service areas. Area agencies on aging shall ensure a
30	coordinated and integrated provision of long-term care services
31	to the elderly and shall ensure the provision of prevention and
32	early intervention services. The department shall have overall
33	responsibility for information system planning. The department
34	shall ensure, through the development of equipment, software,
35	data, and connectivity standards, the ability to share and
36	integrate information collected and reported by the area
37	agencies in support of their contracted obligations to the
38	state. The department shall contract with area agencies on aging
39	to fulfill programmatic and funding requirements.
40	(7)  The department shall contract with the governing body,
41	hereafter referred to as the "board," of an area agency on aging
42	to fulfill programmatic and funding requirements. The board
43	shall be responsible for the overall direction of the agency's
44	programs and services and shall ensure that the agency is
45	administered in accordance with the terms of its contract with
46	the department, legal requirements, established agency policy,
47	and effective management principles. The board shall also ensure
48	the accountability of the agency to the local communities
49	included in the planning and service area of the agency.
50	(7)(8)  The area agency on aging board shall, in
51	consultation with the secretary, appoint a chief executive
52	officer, hereafter referred to as the "executive director," to
53	whom shall be delegated responsibility for agency management and
54	for implementation of board policy, and who shall be accountable
55	for the agency's performance.
56	(8)(9)  Area agencies on aging are subject to chapter 119,
57	relating to public records, and, when considering any contracts
58	requiring the expenditure of funds, are subject to ss. 286.011-
59	286.012, relating to public meetings.
60	Section 2.  Subsection (9) of section 430.203, Florida
61	Statutes, is amended to read:
62	430.203  Community care for the elderly; definitions.--As
63	used in ss. 430.201-430.207, the term:
64	(9)  "Lead agency" means an agency designated at least once
65	every 6 3 years by an area agency on aging as the result of a
66	request for proposal process to be in place no later than the
67	state fiscal year 1996-1997.
68	(a)  The guidelines for the request for proposal must be
69	developed by the department in consultation with the area agency
70	agencies on aging and. Such guidelines must include requirements
71	for the assurance of quality and cost-efficiency of services,
72	minimum personnel standards, and employee benefits. This
73	requirement does not confer jurisdiction upon the Division of
74	Administrative Hearings of the Department of Management Services
75	to entertain disputes relating to any competitive procurement
76	process developed by an area agency on aging under this
77	subsection.
78	(b)  The area agency on aging, in consultation with the
79	department, shall exempt from the competitive bid process any
80	contract with a provider who meets or exceeds established
81	minimum standards, as determined by the department.
82	(b)(c)  In each community care service system the lead
83	agency must be given the authority and responsibility to
84	coordinate some or all of the services, either directly or
85	through subcontracts, for functionally impaired elderly persons.
86	These services must include case management, homemaker and chore
87	services, respite care, adult day care, personal care services,
88	home-delivered meals, counseling, information and referral, and
89	emergency home repair services. The lead agency must compile
90	community care statistics and monitor, when applicable,
91	subcontracts with agencies providing core services.
92	Section 3.  Subsection (7) of section 430.2053, Florida
93	Statutes, is amended to read:
94	430.2053  Aging resource centers.--
95	(7)  The aging resource center shall have a governing body
96	which shall be the same entity described in s. 20.41(7), and an
97	executive director who may be the same person as described in s.
98	20.41(7)(8). The governing body shall annually evaluate the
99	performance of the executive director.
100	Section 4.  This act shall take effect July 1, 2009.

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