HB 1083

1	A bill to be entitled
2	An act relating to the Agency for Persons with
3	Disabilities; amending s. 393.125, F.S.; providing that
4	final order authority rests with the Agency for Persons
5	with Disabilities after a hearing on Medicaid programs
6	administered by the Agency for Health Care Administration
7	is conducted by the Department of Children and Family
8	Services; creating s. 393.35, F.S.; establishing a direct-
9	support organization for the Agency for Persons with
10	Disabilities; providing definitions; providing for
11	appointment of members to the board of directors and terms
12	of office; requiring the direct-support organization to
13	operate under contract; providing contract requirements;
14	authorizing the agency to use its property, facilities,
15	and personal services for the direct-support organization;
16	requiring the director of the Agency for Persons with
17	Disabilities to approve any transaction or agreement
18	between the agency's direct-support organization and any
19	other direct-support organizations; requiring the direct-
20	support organization to provide an annual financial audit;
21	amending s. 393.506, F.S.; requiring an unlicensed direct
22	service provider who administers medications or supervises
23	the self-administration of medications to be assessed
24	annually for competency in all allowed routes of
25	administration before assisting with that route; providing
26	an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Paragraph (a) of subsection (1) of section
31	393.125, Florida Statutes, is amended to read:
32	393.125  Hearing rights.-
33	(1)  REVIEW OF AGENCY DECISIONS.-
34	(a)  For Medicaid programs administered by the agency, any
35	developmental services applicant or client, or his or her
36	parent, guardian advocate, or authorized representative, may
37	request a hearing in accordance with federal law and rules
38	applicable to Medicaid cases and has the right to request an
39	administrative hearing pursuant to ss. 120.569 and 120.57. These
40	hearings shall be provided by the Department of Children and
41	Family Services pursuant to s. 409.285 and shall follow
42	procedures consistent with federal law and rules applicable to
43	Medicaid cases. At the conclusion of the hearing, the department
44	shall submit its recommended order to the agency as provided in
45	s. 120.57(1)(k) and the agency shall issue the final order as
46	provided in s. 120.57(1)(l).
47	Section 2.  Section 393.35, Florida Statutes, is created to
48	read:
49	393.35  Direct-support organization.-
50	(1)  DIRECT-SUPPORT ORGANIZATION ESTABLISHED.-The agency
51	may establish a direct-support organization to provide
52	assistance, funding, and support for the agency in carrying out
53	its mission. This section governs the creation, use, powers, and
54	duties of the direct-support organization.
55	(2)  DEFINITIONS.-As used in this section, the term:
56	(a)  "Direct-support organization" means an organization
57	that is:
58	1.  A Florida corporation, not for profit, incorporated
59	under chapter 617, and approved by the Department of State;
60	2.  Organized and operated exclusively to obtain funds; to
61	request and receive grants, gifts, and bequests of moneys; to
62	acquire, receive, hold, invest, and administer in its own name
63	securities, funds, or property; and to make expenditures to or
64	for the direct or indirect benefit of the agency and persons in
65	this state who have been diagnosed with a developmental
66	disability; and
67	3.  Determined by the agency to be operating in a manner
68	consistent with the goals and purposes of the agency and in the
69	best interests of the state.
70	(b)  "Personal services" means full-time or part-time
71	personnel.
72	(c)  "Director" means the director of the Agency for
73	Persons with Disabilities.
74	(3)  BOARD OF DIRECTORS.-The direct-support organization
75	shall be governed by a board of directors.
76	(a)  The board of directors shall consist of no fewer than
77	five members appointed by the director. Networks and
78	partnerships in this state involved in issues related to
79	developmental disabilities may recommend nominees to the
80	director.
81	(b)  The term of office of each board member shall be 3
82	years, except that the terms of the initial appointees shall be
83	for 1 year, 2 years, or 3 years each in order to achieve
84	staggered terms. A member may be reappointed when his or her
85	term expires. The director or his or her designee shall serve as
86	an ex officio member of the board of directors.
87	(c)  Members must be current residents of this state. A
88	majority of the members must be highly knowledgeable about the
89	agency, its programs, and its mission. The director may remove
90	any member of the board for cause and with the approval of a
91	majority of the members of the board of directors. The director
92	shall appoint a replacement for any vacancy that occurs.
93	(4)  CONTRACT.-A direct-support organization shall operate
94	under a written contract with the agency. The written contract
95	shall provide for:
96	(a)  Certification by the agency that the direct-support
97	organization is complying with the terms of the contract and is
98	doing so consistent with the goals and purposes of the agency
99	and in the best interests of the state. This certification shall
100	be made annually and reported in the official minutes of a
101	meeting of the direct-support organization.
102	(b)  The reversion of moneys and property held by the
103	direct-support organization:
104	1.  To the agency if the direct-support organization is no
105	longer approved to operate for the agency;
106	2.  To the agency if the direct-support organization ceases
107	to exist; or
108	3.  To the state if the agency ceases to exist.
109	(c)  The disclosure of the material provisions of the
110	contract and the distinction between the agency and the direct-
111	support organization to donors of gifts, contributions, or
112	bequests, including such disclosure on all promotional and
113	fundraising publications.
114	(5)  USE OF PROPERTY.-
115	(a)  The agency may permit the use of property, facilities,
116	and personal services of the agency by the direct-support
117	organization, subject to this section.
118	(b)  The agency may prescribe by contract any condition
119	with which the direct-support organization must comply in order
120	to use property, facilities, or personal services of the agency.
121	(c)  The agency may not permit the use of its property,
122	facilities, or personal services by any direct-support
123	organization organized under this section which does not provide
124	equal employment opportunities to all persons regardless of
125	race, color, national origin, gender, age, or religion.
126	(6)  ACTIVITIES; RESTRICTIONS.-Any transaction or agreement
127	between the direct-support organization organized under this
128	section and another direct-support organization or other entity
129	must be approved by the director.
130	(7)  ANNUAL BUDGETS AND REPORTS.-
131	(a)  The fiscal year of the direct-support organization
132	shall begin on July 1 of each year and end on June 30 of the
133	following year.
134	(b)  The direct-support organization shall submit to the
135	agency its federal Internal Revenue Service Application for
136	Recognition of Exemption form and its federal Internal Revenue
137	Service Return of Organization Exempt from Income Tax form.
138	(8)  ANNUAL AUDIT.-The direct-support organization shall
139	provide for an annual financial audit in accordance with s.
140	215.981.
141	Section 3.  Subsection (2) of section 393.506, Florida
142	Statutes, is amended to read:
143	393.506  Administration of medication.-
144	(2)(a)  In order to supervise the self-administration of
145	medication or to administer medications as provided in
146	subsection (1), a direct service provider must satisfactorily
147	complete a training course of not less than 4 hours in
148	medication administration and be found competent to supervise
149	the self-administration of medication by a client or to
150	administer medication to a client in a safe and sanitary manner.
151	Competency must be assessed and validated at least annually in
152	an onsite setting and must include personally observing the
153	direct service provider satisfactorily:
154	1.(a)  Supervising the self-administration of medication by
155	a client; and
156	2.(b)  Administering medication to a client.
157	(b)  Competency in all routes of medication administration
158	as provided in subsection (1) must be assessed and validated at
159	least annually in an onsite setting with an actual client except
160	for the topical, transdermal, and otic routes, which may be
161	validated by simulation during the required training course, and
162	do not require annual revalidation.
163	Section 4.  This act shall take effect July 1, 2011.

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