Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 380
       
       
       
       
       
                               Ì270460zÎ270460                          
       
       576-02158-15                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Health and Human Services)
    1                        A bill to be entitled                      
    2         An act relating to persons with developmental
    3         disabilities; amending s. 393.063, F.S.; revising the
    4         definition of the term “developmental disability” to
    5         include Down syndrome; amending s. 393.065, F.S.;
    6         requiring the Agency for Persons with Disabilities to
    7         allow an applicant whose parent or guardian is a
    8         member of the United States Armed Forces or the
    9         Florida National Guard to receive Medicaid home and
   10         community-based waiver program services under certain
   11         conditions; prohibiting the agency from prioritizing
   12         an applicant who is eligible for waiver services with
   13         a higher priority than certain other clients under
   14         certain circumstances; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (9) of section 393.063, Florida
   19  Statutes, is amended to read:
   20         393.063 Definitions.—For the purposes of this chapter, the
   21  term:
   22         (9) “Developmental disability” means a disorder or syndrome
   23  that is attributable to intellectual disability, cerebral palsy,
   24  autism, Down syndrome, spina bifida, or Prader-Willi syndrome;
   25  that manifests before the age of 18; and that constitutes a
   26  substantial handicap that can reasonably be expected to continue
   27  indefinitely.
   28         Section 2. Present subsection (7) of section 393.065,
   29  Florida Statutes, is redesignated as subsection (8), and a new
   30  subsection (7) is added to that section, to read:
   31         393.065 Application and eligibility determination.—
   32         (7) The agency shall allow an applicant who meets the
   33  eligibility requirements of subsection (1) to receive home and
   34  community-based services in this state if:
   35         (a) The applicant’s parent or legal guardian is a military
   36  servicemember on active duty and, at the time of the
   37  servicemember’s transfer to this state, the applicant was
   38  receiving home and community-based services in another state; or
   39         (b) The applicant’s parent or legal guardian is a member of
   40  the Florida National Guard and resides in this state.
   41  
   42  The agency shall not prioritize an applicant who is eligible for
   43  waiver services under this subsection with a higher priority
   44  than a client waiting for waiver services who is prioritized in
   45  category 1 or category 2 under subsection (5).
   46         Section 3. This act shall take effect July 1, 2015.