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The Florida Senate

1998 Florida Statutes

400.702  Development of intermediate care facilities.--

(1)  The 1Department of Health and Rehabilitative Services is directed to issue a request for proposals, pursuant to the provisions of chapter 287, for a pilot program of intermediate-level care facilities. The development of intermediate-level care facilities under this pilot program shall be limited to four projects in geographic locations distributed in the south, north, and central part of the state and shall not exceed a total of 120 beds in each location. None of the projects may accept residents prior to July 1, 1990. The intermediate-level care facilities shall:

(a)  Provide care to residents whose condition requires intermediate care services, including 24-hour observation and care and the constant availability of medical and nursing treatment and care, but not to the degree of care and treatment provided in a hospital or that which meets the criteria for skilled nursing services.

(b)  Accept only low-income residents who receive subsidized housing vouchers through the United States Department of Housing and Urban Development or other subsidized housing programs.

(c)  Accept only low-income residents who are Medicaid recipients.

(d)  Be exempt from all requirements to obtain a certificate of need pursuant to ss. 408.031-408.045; however, the beds so utilized will be counted in the total bed supply for determination of nursing home bed needs.

(e)  Be licensed as a nursing home pursuant to part II and ss. 408.061, 408.08, and 408.20, except that the department is given the authority to waive any requirement that unnecessarily restricts the development of intermediate care facilities, provided such waiver does not contravene federal or state law. The department shall, however, ensure that the health and safety of residents of intermediate care facilities are adequately protected.

(2)  The request for proposals issued by the department shall provide that preference be given to:

(a)  Programs that can document in detail the cost of care provided.

(b)  Programs that emphasize the provision of social rehabilitative services.

(c)  Programs that provide the most homelike setting and include providers who have experience in providing long-term care or residential services to the elderly.

(d)  Providers that have successfully operated other programs of the type specified in this section and include providers who can demonstrate a good record of past performance in Florida or any other state in which they have developed services as specified in paragraph (c) of this subsection.

(e)  Programs that will cooperate with evaluation of the pilot programs.

(f)  Programs that propose the lowest Medicaid nursing home rate of reimbursement consistent with adequate care.

(g)  Programs that demonstrate that they can successfully complete a project of this type.

The department may include any other evaluation criteria that it determines will ensure a successful program.

(3)  The department shall contract for an evaluation of these pilot programs. An annual report must be made to the Legislature, on or before February 1, on the cost of the programs to the state and on the appropriate role of these intermediate care facilities in the continuum of care. A complete evaluation of the pilot programs must be presented to the Legislature on or before February 1, 1994, and must include the following:

(a)  A description of the type of resident accepted in intermediate care facilities, including the specific characteristics of intermediate care residents as contrasted with residents of assisted living facilities and nursing homes.

(b)  A determination of the relative costs to the state for intermediate care facilities in comparison to assisted living facilities and nursing homes.

(c)  A recommendation as to whether or not the state should authorize the further development of intermediate care facilities.

(d)  A recommendation on any other alternative programs that would fill the gap in the continuum of care between assisted living facilities and nursing homes.

History.--s. 39, ch. 89-294; s. 98, ch. 92-33; s. 74, ch. 95-143; s. 26, ch. 95-210.

1Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.