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