| 1 | A bill to be entitled |
| 2 | An act relating to the Agency for Persons with |
| 3 | Disabilities; amending s. 393.0661, F.S.; specifying |
| 4 | assessment instruments to be used for the delivery of home |
| 5 | and community-based Medicaid waiver program services; |
| 6 | revising provisions relating to assignment of clients to |
| 7 | waiver tiers; providing for tier one, tier two, tier |
| 8 | three, and tier four annual expenditure caps; creating s. |
| 9 | 393.0662, F.S.; establishing the iBudget program for the |
| 10 | delivery of home and community-based services; providing |
| 11 | for amendment of current contracts to implement the |
| 12 | iBudget system; providing for the phasing in of the |
| 13 | program; requiring clients to use certain resources before |
| 14 | using funds from their iBudget; requiring the agency to |
| 15 | provide training for clients and evaluate and adopt rules |
| 16 | with respect to the iBudget system; amending s. 393.125, |
| 17 | F.S.; providing for hearings on Medicaid programs |
| 18 | administered by the agency; creating the Services for |
| 19 | Children with Developmental Disabilities Task Force; |
| 20 | requiring the task force to develop recommendations and a |
| 21 | plan for the creation of, and enrollment in, the |
| 22 | Developmental Disabilities Savings Program; providing for |
| 23 | membership of the task force; requiring the Agency for |
| 24 | Persons with Disabilities to provide administrative |
| 25 | support to the task force; providing for per diem and |
| 26 | travel expenses for task force members; requiring the task |
| 27 | force to submit its plan and recommendations to the |
| 28 | Legislature; providing for abolishment of the task force; |
| 29 | providing an effective date. |
| 30 |
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| 31 | Be It Enacted by the Legislature of the State of Florida: |
| 32 |
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| 33 | Section 1. Subsections (1) and (3) of section 393.0661, |
| 34 | Florida Statutes, are amended to read: |
| 35 | 393.0661 Home and community-based services delivery |
| 36 | system; comprehensive redesign.-The Legislature finds that the |
| 37 | home and community-based services delivery system for persons |
| 38 | with developmental disabilities and the availability of |
| 39 | appropriated funds are two of the critical elements in making |
| 40 | services available. Therefore, it is the intent of the |
| 41 | Legislature that the Agency for Persons with Disabilities shall |
| 42 | develop and implement a comprehensive redesign of the system. |
| 43 | (1) The redesign of the home and community-based services |
| 44 | system shall include, at a minimum, all actions necessary to |
| 45 | achieve an appropriate rate structure, client choice within a |
| 46 | specified service package, appropriate assessment strategies, an |
| 47 | efficient billing process that contains reconciliation and |
| 48 | monitoring components, and a redefined role for support |
| 49 | coordinators that avoids potential conflicts of interest, and |
| 50 | ensures that family/client budgets are linked to levels of need. |
| 51 | (a) The agency shall use an assessment instrument that the |
| 52 | agency deems to be is reliable and valid, including, but not |
| 53 | limited to, the Department of Children and Family Services' |
| 54 | Individual Cost Guidelines or the agency's Questionnaire for |
| 55 | Situational Information. The agency may contract with an |
| 56 | external vendor or may use support coordinators to complete |
| 57 | client assessments if it develops sufficient safeguards and |
| 58 | training to ensure ongoing inter-rater reliability. |
| 59 | (b) The agency, with the concurrence of the Agency for |
| 60 | Health Care Administration, may contract for the determination |
| 61 | of medical necessity and establishment of individual budgets. |
| 62 | (3) The Agency for Health Care Administration, in |
| 63 | consultation with the agency, shall seek federal approval and |
| 64 | implement a four-tiered waiver system to serve eligible clients |
| 65 | through the developmental disabilities and family and supported |
| 66 | living waivers. The agency shall assign all clients receiving |
| 67 | services through the developmental disabilities waiver to a tier |
| 68 | based on the Department of Children and Family Services' |
| 69 | Individual Cost Guidelines, the agency's Questionnaire for |
| 70 | Situational Information, or another such assessment instrument |
| 71 | deemed to be valid and reliable by the agency; a valid |
| 72 | assessment instrument, client characteristics, including, but |
| 73 | not limited to, age; and other appropriate assessment methods. |
| 74 | (a) Tier one is limited to clients who have service needs |
| 75 | that cannot be met in tier two, three, or four for intensive |
| 76 | medical or adaptive needs and that are essential for avoiding |
| 77 | institutionalization, or who possess behavioral problems that |
| 78 | are exceptional in intensity, duration, or frequency and present |
| 79 | a substantial risk of harm to themselves or others. Total annual |
| 80 | expenditures under tier one may not exceed $150,000 per client |
| 81 | each year, provided that expenditures for clients in tier one |
| 82 | with a documented medical necessity requiring intensive |
| 83 | behavioral residential habilitation services, intensive |
| 84 | behavioral residential habilitation services with medical needs, |
| 85 | or special medical home care, as provided in the Developmental |
| 86 | Disabilities Waiver Services Coverage and Limitations Handbook, |
| 87 | are not subject to the $150,000 limit on annual expenditures. |
| 88 | (b) Tier two is limited to clients whose service needs |
| 89 | include a licensed residential facility and who are authorized |
| 90 | to receive a moderate level of support for standard residential |
| 91 | habilitation services or a minimal level of support for behavior |
| 92 | focus residential habilitation services, or clients in supported |
| 93 | living who receive more than 6 hours a day of in-home support |
| 94 | services. Total annual expenditures under tier two may not |
| 95 | exceed $53,625 $55,000 per client each year. |
| 96 | (c) Tier three includes, but is not limited to, clients |
| 97 | requiring residential placements, clients in independent or |
| 98 | supported living situations, and clients who live in their |
| 99 | family home. Total annual expenditures under tier three may not |
| 100 | exceed $34,125 $35,000 per client each year. |
| 101 | (d) Tier four includes individuals who were enrolled in is |
| 102 | the family and supported living waiver on July 1, 2007, who |
| 103 | shall be assigned to this tier without the assessments required |
| 104 | by this section. Tier four also and includes, but is not limited |
| 105 | to, clients in independent or supported living situations and |
| 106 | clients who live in their family home. Total annual expenditures |
| 107 | under tier four may not exceed $14,422 $14,792 per client each |
| 108 | year. |
| 109 | (e) The Agency for Health Care Administration shall also |
| 110 | seek federal approval to provide a consumer-directed option for |
| 111 | persons with developmental disabilities which corresponds to the |
| 112 | funding levels in each of the waiver tiers. The agency shall |
| 113 | implement the four-tiered waiver system beginning with tiers |
| 114 | one, three, and four and followed by tier two. The agency and |
| 115 | the Agency for Health Care Administration may adopt rules |
| 116 | necessary to administer this subsection. |
| 117 | (f) The agency shall seek federal waivers and amend |
| 118 | contracts as necessary to make changes to services defined in |
| 119 | federal waiver programs administered by the agency as follows: |
| 120 | 1. Supported living coaching services may not exceed 20 |
| 121 | hours per month for persons who also receive in-home support |
| 122 | services. |
| 123 | 2. Limited support coordination services is the only type |
| 124 | of support coordination service that may be provided to persons |
| 125 | under the age of 18 who live in the family home. |
| 126 | 3. Personal care assistance services are limited to 180 |
| 127 | hours per calendar month and may not include rate modifiers. |
| 128 | Additional hours may be authorized for persons who have |
| 129 | intensive physical, medical, or adaptive needs if such hours are |
| 130 | essential for avoiding institutionalization. |
| 131 | 4. Residential habilitation services are limited to 8 |
| 132 | hours per day. Additional hours may be authorized for persons |
| 133 | who have intensive medical or adaptive needs and if such hours |
| 134 | are essential for avoiding institutionalization, or for persons |
| 135 | who possess behavioral problems that are exceptional in |
| 136 | intensity, duration, or frequency and present a substantial risk |
| 137 | of harming themselves or others. This restriction shall be in |
| 138 | effect until the four-tiered waiver system is fully implemented. |
| 139 | 5. Chore services, nonresidential support services, and |
| 140 | homemaker services are eliminated. The agency shall expand the |
| 141 | definition of in-home support services to allow the service |
| 142 | provider to include activities previously provided in these |
| 143 | eliminated services. |
| 144 | 6. Massage therapy, medication review, and psychological |
| 145 | assessment services are eliminated. |
| 146 | 7. The agency shall conduct supplemental cost plan reviews |
| 147 | to verify the medical necessity of authorized services for plans |
| 148 | that have increased by more than 8 percent during either of the |
| 149 | 2 preceding fiscal years. |
| 150 | 8. The agency shall implement a consolidated residential |
| 151 | habilitation rate structure to increase savings to the state |
| 152 | through a more cost-effective payment method and establish |
| 153 | uniform rates for intensive behavioral residential habilitation |
| 154 | services. |
| 155 | 9. Pending federal approval, the agency may extend current |
| 156 | support plans for clients receiving services under Medicaid |
| 157 | waivers for 1 year beginning July 1, 2007, or from the date |
| 158 | approved, whichever is later. Clients who have a substantial |
| 159 | change in circumstances which threatens their health and safety |
| 160 | may be reassessed during this year in order to determine the |
| 161 | necessity for a change in their support plan. |
| 162 | 10. The agency shall develop a plan to eliminate |
| 163 | redundancies and duplications between in-home support services, |
| 164 | companion services, personal care services, and supported living |
| 165 | coaching by limiting or consolidating such services. |
| 166 | 11. The agency shall develop a plan to reduce the |
| 167 | intensity and frequency of supported employment services to |
| 168 | clients in stable employment situations who have a documented |
| 169 | history of at least 3 years' employment with the same company or |
| 170 | in the same industry. |
| 171 | Section 2. Section 393.0662, Florida Statutes, is created |
| 172 | to read: |
| 173 | 393.0662 Individual budgets for delivery of home and |
| 174 | community-based services; iBudget system established.-The |
| 175 | Legislature finds that improved financial management of the |
| 176 | existing home and community-based Medicaid waiver program is |
| 177 | necessary to avoid deficits that impede the provision of |
| 178 | services to individuals who are on the waiting list for |
| 179 | enrollment in the program. The Legislature further finds that |
| 180 | clients and their families should have greater flexibility to |
| 181 | choose the services that best allow them to live in their |
| 182 | community within the limits of an established budget. Therefore, |
| 183 | the Legislature intends that the agency, in consultation with |
| 184 | the Agency for Health Care Administration, develop and implement |
| 185 | a comprehensive redesign of the service delivery system using |
| 186 | individual budgets as the basis for allocating the funds |
| 187 | appropriated for the home and community-based services Medicaid |
| 188 | waiver program among eligible enrolled clients. The service |
| 189 | delivery system that uses individual budgets shall be called the |
| 190 | iBudget system. |
| 191 | (1) The agency shall establish an individual budget, |
| 192 | referred to as an iBudget, for each individual served by the |
| 193 | home and community-based services Medicaid waiver program. The |
| 194 | funds appropriated to the agency shall be allocated through the |
| 195 | iBudget system to eligible, Medicaid-enrolled clients. The |
| 196 | iBudget system shall be designed to provide for: enhanced client |
| 197 | choice within a specified service package; appropriate |
| 198 | assessment strategies; an efficient consumer budgeting and |
| 199 | billing process that includes reconciliation and monitoring |
| 200 | components; a redefined role for support coordinators that |
| 201 | avoids potential conflicts of interest; a flexible and |
| 202 | streamlined service review process; and a methodology and |
| 203 | process that ensures the equitable allocation of available funds |
| 204 | to each client based on the client's level of need, as |
| 205 | determined by the variables in the allocation algorithm. |
| 206 | (a) In developing each client's iBudget, the agency shall |
| 207 | use an allocation algorithm and methodology. The algorithm shall |
| 208 | use variables that have been determined by the agency to have a |
| 209 | statistically validated relationship to the client's level of |
| 210 | need for services provided through the home and community-based |
| 211 | services Medicaid waiver program. The algorithm and methodology |
| 212 | may consider individual characteristics, including, but not |
| 213 | limited to, a client's age and living situation, information |
| 214 | from a formal assessment instrument that the agency determines |
| 215 | is valid and reliable, and information from other assessment |
| 216 | processes. |
| 217 | (b) The allocation methodology shall provide the algorithm |
| 218 | that determines the amount of funds allocated to a client's |
| 219 | iBudget. The agency may approve an increase in the amount of |
| 220 | funds allocated, as determined by the algorithm, based on the |
| 221 | client having one or more of the following needs that cannot be |
| 222 | accommodated within the funding as determined by the algorithm |
| 223 | and having no other resources, supports, or services available |
| 224 | to meet the need: |
| 225 | 1. An extraordinary need that would place the health and |
| 226 | safety of the client, the client's caregiver, or the public in |
| 227 | immediate, serious jeopardy unless the increase is approved. An |
| 228 | extraordinary need may include, but is not limited to: |
| 229 | a. A documented history of significant, potentially life- |
| 230 | threatening behaviors, such as recent attempts at suicide, |
| 231 | arson, nonconsensual sexual behavior, or self-injurious behavior |
| 232 | requiring medical attention; |
| 233 | b. A complex medical condition that requires active |
| 234 | intervention by a licensed nurse on an ongoing basis that cannot |
| 235 | be taught or delegated to a nonlicensed person; |
| 236 | c. A chronic co-morbid condition. As used in this |
| 237 | subparagraph, the term "co-morbid condition" means a medical |
| 238 | condition existing simultaneously but independently with another |
| 239 | medical condition in a patient; or |
| 240 | d. A need for total physical assistance with activities |
| 241 | such as eating, bathing, toileting, grooming, and personal |
| 242 | hygiene. |
| 243 |
|
| 244 | However, the presence of an extraordinary need alone does not |
| 245 | warrant an increase in the amount of funds allocated to a |
| 246 | client's iBudget as determined by the algorithm. |
| 247 | 2. A significant need for one-time or temporary support or |
| 248 | services that, if not provided, would place the health and |
| 249 | safety of the client, the client's caregiver, or the public in |
| 250 | serious jeopardy, unless the increase is approved. A significant |
| 251 | need may include, but is not limited to, the provision of |
| 252 | environmental modifications, durable medical equipment, services |
| 253 | to address the temporary loss of support from a caregiver, or |
| 254 | special services or treatment for a serious temporary condition |
| 255 | when the service or treatment is expected to ameliorate the |
| 256 | underlying condition. As used in this subparagraph, the term |
| 257 | "temporary" means a period of fewer than 12 continuous months. |
| 258 | However, the presence of such significant need for one-time or |
| 259 | temporary supports or services alone does not warrant an |
| 260 | increase in the amount of funds allocated to a client's iBudget |
| 261 | as determined by the algorithm. |
| 262 | 3. A significant increase in the need for services after |
| 263 | the beginning of the service plan year that would place the |
| 264 | health and safety of the client, the client's caregiver, or the |
| 265 | public in serious jeopardy because of substantial changes in the |
| 266 | client's circumstances, including, but not limited to, permanent |
| 267 | or long-term loss or incapacity of a caregiver, loss of services |
| 268 | authorized under the state Medicaid plan due to a change in age, |
| 269 | or a significant change in medical or functional status which |
| 270 | requires the provision of additional services on a permanent or |
| 271 | long-term basis that cannot be accommodated within the client's |
| 272 | current iBudget. As used in this subparagraph, the term "long- |
| 273 | term" means a period of 12 or more continuous months. However, |
| 274 | such significant increase in need for services of a permanent or |
| 275 | long-term nature alone does not warrant an increase in the |
| 276 | amount of funds allocated to a client's iBudget as determined by |
| 277 | the algorithm. |
| 278 |
|
| 279 | The agency shall reserve portions of the appropriation for the |
| 280 | home and community-based services Medicaid waiver program for |
| 281 | adjustments required pursuant to this paragraph and may use the |
| 282 | services of an independent actuary in determining the amount of |
| 283 | the portions to be reserved. |
| 284 | (c) A client's iBudget shall be the total of the amount |
| 285 | determined by the algorithm and any additional funding provided |
| 286 | pursuant to paragraph (b). A client's annual expenditures for |
| 287 | home and community-based services Medicaid waiver services may |
| 288 | not exceed the limits of his or her iBudget. The total of all |
| 289 | clients' projected annual iBudget expenditures may not exceed |
| 290 | the agency's appropriation for waiver services. |
| 291 | (2) The Agency for Health Care Administration, in |
| 292 | consultation with the agency, shall seek federal approval to |
| 293 | amend current waivers, request a new waiver, and amend contracts |
| 294 | as necessary to implement the iBudget system to serve eligible, |
| 295 | enrolled clients through the home and community-based services |
| 296 | Medicaid waiver program and the Consumer-Directed Care Plus |
| 297 | Program. |
| 298 | (3) The agency shall transition all eligible, enrolled |
| 299 | clients to the iBudget system. The agency may gradually phase in |
| 300 | the iBudget system. |
| 301 | (a) While the agency phases in the iBudget system, the |
| 302 | agency may continue to serve eligible, enrolled clients under |
| 303 | the four-tiered waiver system established under s. 393.065 while |
| 304 | those clients await transitioning to the iBudget system. |
| 305 | (b) The agency shall design the phase-in process to ensure |
| 306 | that a client does not experience more than one-half of any |
| 307 | expected overall increase or decrease to his or her existing |
| 308 | annualized cost plan during the first year that the client is |
| 309 | provided an iBudget due solely to the transition to the iBudget |
| 310 | system. |
| 311 | (4) A client must use all available services authorized |
| 312 | under the state Medicaid plan, school-based services, private |
| 313 | insurance and other benefits, and any other resources that may |
| 314 | be available to the client before using funds from his or her |
| 315 | iBudget to pay for support and services. |
| 316 | (5) The service limitations in s. 393.0661(3)(f)1., 2., |
| 317 | and 3. do not apply to the iBudget system. |
| 318 | (6) Rates for any or all services established under rules |
| 319 | of the Agency for Health Care Administration shall be designated |
| 320 | as the maximum rather than a fixed amount for individuals who |
| 321 | receive an iBudget, except for services specifically identified |
| 322 | in those rules that the agency determines are not appropriate |
| 323 | for negotiation, which may include, but are not limited to, |
| 324 | residential habilitation services. |
| 325 | (7) The agency shall ensure that clients and caregivers |
| 326 | have access to training and education to inform them about the |
| 327 | iBudget system and enhance their ability for self-direction. |
| 328 | Such training shall be offered in a variety of formats and at a |
| 329 | minimum shall address the policies and processes of the iBudget |
| 330 | system; the roles and responsibilities of consumers, caregivers, |
| 331 | waiver support coordinators, providers, and the agency; |
| 332 | information available to help the client make decisions |
| 333 | regarding the iBudget system; and examples of support and |
| 334 | resources available in the community. |
| 335 | (8) The agency shall collect data to evaluate the |
| 336 | implementation and outcomes of the iBudget system. |
| 337 | (9) The agency and the Agency for Health Care |
| 338 | Administration may adopt rules specifying the allocation |
| 339 | algorithm and methodology; criteria and processes for clients to |
| 340 | access reserved funds for extraordinary needs, temporarily or |
| 341 | permanently changed needs, and one-time needs; and processes and |
| 342 | requirements for selection and review of services, development |
| 343 | of support and cost plans, and management of the iBudget system |
| 344 | as needed to administer this section. |
| 345 | Section 3. Subsection (1) of section 393.125, Florida |
| 346 | Statutes, is amended to read: |
| 347 | 393.125 Hearing rights.- |
| 348 | (1) REVIEW OF AGENCY DECISIONS.- |
| 349 | (a) For Medicaid programs administered by the agency, any |
| 350 | developmental services applicant or client, or his or her |
| 351 | parent, guardian advocate, or authorized representative, may |
| 352 | request a hearing in accordance with federal law and rules |
| 353 | applicable to Medicaid cases and has the right to request an |
| 354 | administrative hearing pursuant to ss. 120.569 and 120.57. These |
| 355 | hearings shall be provided by the Department of Children and |
| 356 | Family Services pursuant to s. 409.285 and shall follow |
| 357 | procedures consistent with federal law and rules applicable to |
| 358 | Medicaid cases. |
| 359 | (b)(a) Any other developmental services applicant or |
| 360 | client, or his or her parent, guardian, guardian advocate, or |
| 361 | authorized representative, who has any substantial interest |
| 362 | determined by the agency, has the right to request an |
| 363 | administrative hearing pursuant to ss. 120.569 and 120.57, which |
| 364 | shall be conducted pursuant to s. 120.57(1), (2), or (3). |
| 365 | (c)(b) Notice of the right to an administrative hearing |
| 366 | shall be given, both verbally and in writing, to the applicant |
| 367 | or client, and his or her parent, guardian, guardian advocate, |
| 368 | or authorized representative, at the same time that the agency |
| 369 | gives the applicant or client notice of the agency's action. The |
| 370 | notice shall be given, both verbally and in writing, in the |
| 371 | language of the client or applicant and in English. |
| 372 | (d)(c) A request for a hearing under this section shall be |
| 373 | made to the agency, in writing, within 30 days after of the |
| 374 | applicant's or client's receipt of the notice. |
| 375 | Section 4. Services for Children with Developmental |
| 376 | Disabilities Task Force.-The Services for Children with |
| 377 | Developmental Disabilities Task Force is created to make |
| 378 | recommendations and develop a plan for the creation of, and |
| 379 | enrollment in, the Developmental Disabilities Savings Program. |
| 380 | (1) The task force shall consist of the following members: |
| 381 | (a) A member of the House of Representatives appointed by |
| 382 | the Speaker of the House of Representatives. |
| 383 | (b) A member of the Senate appointed by the President of |
| 384 | the Senate. |
| 385 | (c) The director of the Agency for Persons with |
| 386 | Disabilities. |
| 387 | (d) The director of the Division of Vocational |
| 388 | Rehabilitation. |
| 389 | (e) The executive director of the State Board of |
| 390 | Administration. |
| 391 | (f) The Commissioner of Education. |
| 392 | (g) The executive director of The Arc of Florida. |
| 393 | (h) An Arc of Florida family board member appointed by the |
| 394 | executive director of The Arc of Florida. |
| 395 | (i) The chair of the Family Care Council Florida. |
| 396 | (j) A parent representative from the Family Care Council |
| 397 | Florida appointed by the chair of the Family Care Council |
| 398 | Florida. |
| 399 | (2) The Agency for Persons with Disabilities shall provide |
| 400 | administrative support to the task force. |
| 401 | (3) Members of the task force shall serve without |
| 402 | compensation but are entitled to reimbursement for per diem and |
| 403 | travel expenses as provided in s. 112.061, Florida Statutes. |
| 404 | (4) The task force shall submit its recommendations and |
| 405 | plan to the President of the Senate and the Speaker of the House |
| 406 | of Representatives when it has completed its task or April 2, |
| 407 | 2012, whichever occurs first. |
| 408 | (5) The task force shall continue until enrollment in the |
| 409 | Developmental Disabilities Savings Program has commenced, at |
| 410 | which time the task force is abolished or June 31, 2013, |
| 411 | whichever occurs first. |
| 412 | Section 5. This act shall take effect July 1, 2010. |
| 413 |
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