Florida Senate - 2020                                    SB 1542
       By Senator Stargel
       22-01222B-20                                          20201542__
    1                        A bill to be entitled                      
    2         An act relating to Alzheimer’s disease; amending s.
    3         430.501, F.S.; requiring state agencies to provide
    4         assistance to the Alzheimer’s Disease Advisory
    5         Committee, upon request; creating s. 430.5015, F.S.;
    6         creating the position of Dementia Director within the
    7         Department of Elderly Affairs; requiring the Secretary
    8         of Elderly Affairs to appoint the director;
    9         authorizing the director to call upon certain agencies
   10         for assistance; requiring the agencies to assist the
   11         director under certain circumstances; providing duties
   12         and responsibilities of the director; amending s.
   13         430.502, F.S.; making a technical change; revising
   14         incentive funding criteria for memory disorder
   15         clinics; revising the information the department must
   16         consider when developing the allocation formula for
   17         respite care; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Paragraph (b) of subsection (3) of section
   22  430.501, Florida Statutes, is amended to read:
   23         430.501 Alzheimer’s Disease Advisory Committee; research
   24  grants.—
   25         (3)(b)1. The Governor shall appoint members from a broad
   26  cross-section of public, private, and volunteer sectors. All
   27  nominations shall be forwarded to the Governor by the Secretary
   28  of Elderly Affairs in accordance with this subsection.
   29         2. Members shall be appointed to 4-year staggered terms in
   30  accordance with s. 20.052, except for the sitting members of the
   31  Senate and House of Representatives, who shall be appointed to a
   32  term corresponding to their term of office.
   33         3. The Secretary of Elderly Affairs shall serve as an ex
   34  officio member of the committee.
   35         4. The committee shall elect one of its members to serve as
   36  chair for a term of 1 year.
   37         5. The committee may establish subcommittees as necessary
   38  to carry out the functions of the committee.
   39         6. The committee shall meet quarterly, or as frequently as
   40  needed.
   41         7. The committee shall submit an annual report to the
   42  Governor, the President of the Senate, the Speaker of the House
   43  of Representatives, and the Secretary of Elderly Affairs on or
   44  before September 1 of each year. The annual report shall include
   45  information and recommendations on Alzheimer’s disease policy;
   46  all state-funded efforts in Alzheimer’s disease research,
   47  clinical care, institutional, home-based and community-based
   48  programs and the outcomes of such efforts; and any proposed
   49  updates to the Alzheimer’s disease state plan submitted under
   50  subparagraph 8.
   51         8. Beginning in 2020, and every third year thereafter, on
   52  or before November 1, the Department of Elderly Affairs shall
   53  review the Alzheimer’s disease state plan and submit an updated
   54  state plan to the Governor, the President of the Senate, and the
   55  Speaker of the House of Representatives. The Department of
   56  Elderly Affairs shall utilize the annual reports submitted by
   57  the committee and collaborate with state Alzheimer’s disease
   58  organizations and professionals when considering such updates to
   59  the Alzheimer’s disease state plan. The state plan shall:
   60         a. Assess the current and future impact of Alzheimer’s
   61  disease and related forms of dementia on the state.
   62         b. Examine the existing industries, services, and resources
   63  addressing the needs of persons having Alzheimer’s disease or a
   64  related form of dementia and their family caregivers.
   65         c. Examine the needs of persons of all cultural backgrounds
   66  having Alzheimer’s disease or a related form of dementia and how
   67  their lives are affected by the disease from younger-onset,
   68  through mid-stage, to late-stage.
   69         d. Develop a strategy to mobilize a state response to this
   70  public health crisis.
   71         e. Provide information regarding:
   72         (I) State trends with respect to persons having Alzheimer’s
   73  disease or a related form of dementia and their needs,
   74  including, but not limited to:
   75         (A) The role of the state in providing community-based
   76  care, long-term care, and family caregiver support, including
   77  respite, education, and assistance to persons who are in the
   78  early stages of Alzheimer’s disease, who have younger-onset
   79  Alzheimer’s disease, or who have a related form of dementia.
   80         (B) The development of state policy with respect to persons
   81  having Alzheimer’s disease or a related form of dementia.
   82         (C) Surveillance of persons having Alzheimer’s disease or a
   83  related form of dementia for the purpose of accurately
   84  estimating the number of such persons in the state at present
   85  and projected population levels.
   86         (II) Existing services, resources, and capacity, including,
   87  but not limited to:
   88         (A) The type, cost, and availability of dementia-specific
   89  services throughout the state.
   90         (B) Policy requirements and effectiveness for dementia
   91  specific training for professionals providing care.
   92         (C) Quality care measures employed by providers of care,
   93  including providers of respite, adult day care, assisted living
   94  facility, skilled nursing facility, and hospice services.
   95         (D) The capability of public safety workers and law
   96  enforcement officers to respond to persons having Alzheimer’s
   97  disease or a related form of dementia, including, but not
   98  limited to, responding to their disappearance, search and
   99  rescue, abuse, elopement, exploitation, or suicide.
  100         (E) The availability of home and community-based services
  101  and respite care for persons having Alzheimer’s disease or a
  102  related form of dementia and education and support services to
  103  assist their families and caregivers.
  104         (F) An inventory of long-term care facilities and
  105  community-based services serving persons having Alzheimer’s
  106  disease or a related form of dementia.
  107         (G) The adequacy and appropriateness of geriatric
  108  psychiatric units for persons having behavior disorders
  109  associated with Alzheimer’s disease or a related form of
  110  dementia.
  111         (H) Residential assisted living options for persons having
  112  Alzheimer’s disease or a related form of dementia.
  113         (I) The level of preparedness of service providers before,
  114  during, and after a catastrophic emergency involving a person
  115  having Alzheimer’s disease or a related form of dementia and
  116  their caregivers and families.
  117         (III) Needed state policies or responses, including, but
  118  not limited to, directions for the provision of clear and
  119  coordinated care, services, and support to persons having
  120  Alzheimer’s disease or a related form of dementia and their
  121  caregivers and families and strategies to address any identified
  122  gaps in the provision of services.
  123         9. All state agencies shall provide assistance to the
  124  committee, upon request.
  125         10. The Department of Elderly Affairs shall provide staff
  126  support to assist the committee in the performance of its
  127  duties.
  128         11.10. Members of the committee and subcommittees shall
  129  receive no salary, but are entitled to reimbursement for travel
  130  and per diem expenses, as provided in s. 112.061, while
  131  performing their duties under this section.
  132         Section 2. Section 430.5015, Florida Statutes, is created
  133  to read:
  134         430.5015Dementia Director.—
  135         (1)The position of Dementia Director is created within the
  136  Department of Elderly Affairs. The Secretary of Elderly Affairs
  137  shall appoint the director and the director shall serve at the
  138  pleasure of the secretary.
  139         (2)The director may call upon appropriate agencies of
  140  state government for assistance as is needed pursuant to s.
  141  430.04(13).
  142         (3)The director shall:
  143         (a)Facilitate coordination and support of policies and
  144  programs in the Legislature and the executive branch, including
  145  agencies of the executive branch, which relate to Alzheimer’s
  146  disease and related forms of dementia.
  147         (b)Facilitate coordination and support for the Alzheimer’s
  148  Disease Advisory Committee and the implementation of and updates
  149  to the Alzheimer’s disease state plan pursuant to s.
  150  430.501(3)(b)8.
  151         (c)Provide support to memory disorder clinics to help the
  152  clinics meet or exceed the minimum performance standards under
  153  s. 430.502(3).
  154         (d)Facilitate and support coordination of outreach
  155  programs and services between agencies, memory disorder clinics,
  156  area agencies on aging, and other interested groups for the
  157  purpose of fostering public awareness and education regarding
  158  Alzheimer’s disease and related forms of dementia.
  159         (e)Facilitate coordination of services and activities
  160  between groups interested in dementia research, programs, and
  161  services, including, but not limited to, area agencies on aging,
  162  service providers, advocacy groups, legal services, emergency
  163  personnel, law enforcement, and state colleges and universities.
  164         (f)Collect and monitor data related to the impact of
  165  Alzheimer’s disease in the state.
  166         Section 3. Subsection (1), paragraph (a) of subsection (4),
  167  and subsection (8) of section 430.502, Florida Statutes, are
  168  amended to read:
  169         430.502 Alzheimer’s disease; memory disorder clinics and
  170  day care and respite care programs.—
  171         (1) There is established:
  172         (a) A memory disorder clinic at each of the three medical
  173  schools in this state;
  174         (b) A memory disorder clinic at a major private nonprofit
  175  research-oriented teaching hospital, and may fund a memory
  176  disorder clinic at any of the other affiliated teaching
  177  hospitals;
  178         (c) A memory disorder clinic at the Mayo Clinic in
  179  Jacksonville;
  180         (d) A memory disorder clinic at the West Florida Regional
  181  Medical Center;
  182         (e) A memory disorder clinic operated by Health First in
  183  Brevard County;
  184         (f) A memory disorder clinic at the Orlando Regional
  185  Healthcare System, Inc.;
  186         (g) A memory disorder center located in a public hospital
  187  that is operated by an independent special hospital taxing
  188  district that governs multiple hospitals and is located in a
  189  county with a population greater than 800,000 persons;
  190         (h) A memory disorder clinic at St. Mary’s Medical Center
  191  in Palm Beach County;
  192         (i) A memory disorder clinic at Tallahassee Memorial
  193  Healthcare;
  194         (j) A memory disorder clinic at Lee Memorial Hospital
  195  created by chapter 63-1552, Laws of Florida, as amended;
  196         (k) A memory disorder clinic at Sarasota Memorial Hospital
  197  in Sarasota County;
  198         (l) A memory disorder clinic at Morton Plant Hospital,
  199  Clearwater, in Pinellas County;
  200         (m) A memory disorder clinic at Florida Atlantic
  201  University, Boca Raton, in Palm Beach County;
  202         (n) A memory disorder clinic at AdventHealth Florida
  203  Hospital in Orange County; and
  204         (o) A memory disorder clinic at Miami Jewish Health System
  205  in Miami-Dade County,
  207  for the purpose of conducting research and training in a
  208  diagnostic and therapeutic setting for persons suffering from
  209  Alzheimer’s disease and related memory disorders. However,
  210  memory disorder clinics shall not receive decreased funding due
  211  solely to subsequent additions of memory disorder clinics in
  212  this subsection.
  213         (4) The department shall develop performance goals that
  214  exceed the minimum performance standards developed under
  215  subsection (3), which goals must be achieved in order for a
  216  memory disorder clinic to be eligible for incentive funding
  217  above the base level, subject to legislative appropriation.
  218  Incentive funding shall be based on criteria including, but not
  219  limited to:
  220         (a) Significant increase in the volume of clinical services
  221  and family care planning services.
  222         (8) Pursuant to s. 287.057, the department shall contract
  223  for the provision of respite care. All funds appropriated for
  224  the provision of respite care shall be distributed annually by
  225  the department to each funded county according to an allocation
  226  formula. In developing the formula, the department shall
  227  consider the number and proportion of the county population of
  228  individuals who are 70 75 years of age and older. Each respite
  229  care program shall be used as a resource for research and
  230  statistical data by the memory disorder clinics established in
  231  this part. In consultation with the memory disorder clinics, the
  232  department shall specify the information to be provided by the
  233  respite care programs for research purposes.
  234         Section 4. This act shall take effect July 1, 2020.