Florida Senate - 2011                             CS for SB 1158
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Garcia
       
       
       
       586-03203-11                                          20111158c1
    1                        A bill to be entitled                      
    2         An act relating to a teaching agency for home and
    3         community-based care; creating s. 430.81, F.S.;
    4         providing a definition; authorizing the Department of
    5         Elderly Affairs to designate a home health agency as a
    6         teaching agency for home and community-based care;
    7         establishing criteria for qualification; authorizing a
    8         teaching agency to be affiliated with an academic
    9         research university in the state that meets certain
   10         criteria; authorizing a teaching agency to be
   11         affiliated with an academic health center; providing
   12         an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 430.81, Florida Statutes, is created to
   17  read:
   18         430.81 Implementation of a teaching agency for home and
   19  community-based care.—
   20         (1) As used in this section, the term “teaching agency for
   21  home and community-based care” means a home health agency that
   22  is licensed under part III of chapter 400 and has access to a
   23  resident population of sufficient size to support education,
   24  training, and research relating to geriatric care.
   25         (2) The Department of Elderly Affairs may designate a home
   26  health agency as a teaching agency for home and community-based
   27  care if the home health agency:
   28         (a) Has been a not-for-profit, designated community care
   29  for the elderly lead agency for home and community-based
   30  services for more than 10 consecutive years.
   31         (b) Participates in a nationally recognized accreditation
   32  program and holds a valid accreditation, such as the
   33  accreditation awarded by the Community Health Accreditation
   34  Program.
   35         (c) Has been in business in this state for a minimum of 20
   36  consecutive years.
   37         (d) Demonstrates an active program in multidisciplinary
   38  education and research that relates to gerontology.
   39         (e) Has a formalized affiliation agreement with at least
   40  one established academic research university with a nationally
   41  accredited health professions program in this state.
   42         (f) Has salaried academic faculty from a nationally
   43  accredited health professions program.
   44         (g) Is a Medicare and Medicaid certified home health agency
   45  that has participated in the nursing home diversion program for
   46  a minimum of 5 consecutive years.
   47         (h) Maintains insurance coverage pursuant to s.
   48  400.141(1)(s) or proof of financial responsibility in a minimum
   49  amount of $750,000. Such proof of financial responsibility may
   50  include:
   51         1. Maintaining an escrow account consisting of cash or
   52  assets eligible for deposit in accordance with s. 625.52; or
   53         2. Obtaining and maintaining pursuant to chapter 675 an
   54  unexpired, irrevocable, nontransferable, and nonassignable
   55  letter of credit issued by any bank or savings association
   56  authorized to do business in this state. This letter of credit
   57  shall be used to satisfy the obligation of the agency to the
   58  claimant upon presentation of a final judgment indicating
   59  liability and awarding damages to be paid by the facility or
   60  upon presentment of a settlement agreement signed by all parties
   61  to the agreement when such final judgment or settlement is a
   62  result of a liability claim against the agency.
   63         (3) A teaching agency for home and community-based care may
   64  be affiliated with an academic health center in this state. The
   65  purpose of such affiliation is to foster the development of
   66  methods for improving and expanding the capability of home
   67  health agencies to respond to the medical, health care,
   68  psychological, and social needs of frail and elderly persons by
   69  providing the most effective and appropriate services. A
   70  teaching agency for home and community-based care shall serve as
   71  a resource for research and for training health care
   72  professionals in providing health care services in homes and
   73  community-based settings to frail and elderly persons.
   74         Section 2. This act shall take effect July 1, 2011.