Senate Bill sb0922c2

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    Florida Senate - 2007                     CS for CS for SB 922

    By the Committees on Children, Families, and Elder Affairs;
    Health Policy; and Senator Wise




    586-2648-07

  1                      A bill to be entitled

  2         An act relating to the personal care attendant

  3         program; amending s. 413.402, F.S.; revising

  4         provisions governing a program to provide

  5         personal care attendants for persons who have

  6         disabilities; requiring the Florida Endowment

  7         Foundation for Vocational Rehabilitation to

  8         enter into an agreement with the Florida

  9         Association of Centers for Independent Living

10         to administer a program to provide such

11         attendants to persons who have severe and

12         chronic disabilities; naming the program the

13         "James Patrick Memorial Work Incentive Personal

14         Attendant Services Program"; providing for

15         payment for the administration of the program;

16         removing a provision requiring interagency

17         memoranda of agreement; revising eligibility

18         requirements for participation in the personal

19         care attendant program; removing provisions

20         concerning the training, selection, and

21         recruitment of personal care attendants;

22         providing for training of program participants

23         concerning hiring and managing an attendant;

24         providing for the adoption and revision of

25         program policies and procedures by the

26         association in cooperation with an oversight

27         group; providing for membership in the

28         oversight group; amending s. 413.4021, F.S.;

29         increasing the percentage of revenues collected

30         from persons who fail to remit sales tax which

31         is deposited in the operating account of the

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    Florida Senate - 2007                     CS for CS for SB 922
    586-2648-07




 1         Florida Endowment Foundation for Vocational

 2         Rehabilitation to administer the program;

 3         deleting a provision requiring that the Florida

 4         Endowment Foundation for Vocational

 5         Rehabilitation select an entity to administer

 6         the program; providing for automatic enrollment

 7         in the program for certain persons; providing

 8         an effective date.

 9  

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Section 413.402, Florida Statutes, is

13  amended to read:

14         413.402  Personal care attendant program.--The Florida

15  Endowment Foundation for Vocational Rehabilitation shall enter

16  into an agreement with the Florida Association of Centers for

17  Independent Living to administer the James Patrick Memorial

18  Work Incentive Personal Attendant Services, in conjunction

19  with the Brain and Spinal Cord Injury Program in the

20  Department of Health, shall develop a Program to provide

21  personal care attendants to persons who have severe and

22  chronic disabilities of all kinds and who are eligible under

23  pursuant to subsection (1). Effective July 1, 2007, the

24  Florida Association of Centers for Independent Living shall

25  receive 15 percent of the funds to be deposited with the

26  Florida Endowment Foundation for Vocational Rehabilitation

27  pursuant to ss. 320.08068(4)(d) and 413.4021(1), to administer

28  the program. association and the Department of Health shall

29  jointly develop memoranda of understanding with the Department

30  of Revenue, the Florida Medicaid program in the Agency for

31  Health Care Administration, the Florida Endowment Foundation

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    Florida Senate - 2007                     CS for CS for SB 922
    586-2648-07




 1  for Vocational Rehabilitation, and the Division of Vocational

 2  Rehabilitation of the Department of Education.

 3         (1)  In order to be Persons eligible to participate in

 4  the program, a person must:

 5         (a)  Be at least 18 years of age, be a Florida resident

 6  for at least 12 months immediately prior to application to the

 7  program, and be significantly and chronically disabled due to

 8  a traumatic spinal cord injury;

 9         (b)  Require a personal care attendant for assistance

10  with or support for at least two activities of daily living as

11  defined in s. 429.02, as determined by a physician or

12  psychiatrist bathing, dressing, bowel and bladder management,

13  and transportation;

14         (c)  Require a personal care attendant in order to

15  accept a job or maintain substantial gainful employment; and

16         (d)  Be able to acquire hire and direct supervise a

17  personal care attendant.; and

18         (e)  Meet one of the following requirements:

19         1.  Live in a nursing home;

20         2.  Have moved out of a nursing home within the

21  preceding 180 days due to participation in a Medicaid home and

22  community-based waiver program targeted to persons with brain

23  or spinal cord injuries; or

24         3.  Presently be employed but, because of a loss of a

25  caregiver, will lose employment and potentially return to a

26  nursing home.

27         (2)(a)  The association, in cooperation with the

28  Department of Health and the Florida Endowment Foundation for

29  Vocational Rehabilitation, shall develop a program to recruit,

30  screen, and select candidates to be trained as personal care

31  attendants.

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    Florida Senate - 2007                     CS for CS for SB 922
    586-2648-07




 1         (b)  The services of a nurse registry licensed pursuant

 2  to s. 400.506 may be utilized to recruit and screen candidates

 3  and to operate as a fiscal intermediary through which payments

 4  are made to individuals performing services as personal care

 5  attendants under the program. The Department of Health and the

 6  Agency for Health Care Administration shall seek any federal

 7  waivers necessary to implement this provision.

 8         (3)  The Florida Association of Centers for Independent

 9  Living association and the Department of Health, in

10  cooperation with the Florida Endowment Foundation for

11  Vocational Rehabilitation, shall provide develop a training to

12  program participants on hiring and managing a personal care

13  attendant and, in cooperation with the oversight group

14  described in paragraph (b), adopt and revise the policies and

15  procedures governing the personal care attendant program and

16  the training program.

17         (b)  The oversight group shall include, but need not be

18  limited to, a member of the Florida Association of Centers for

19  Independent Living, a person who is participating in the

20  program, and one representative each from the Department of

21  Revenue, the Department of Children and Family Services, the

22  Division of Vocational Rehabilitation in the Department of

23  Education, the Medicaid program in the Agency for Health Care

24  Administration, the Florida Endowment Foundation for

25  Vocational Rehabilitation, and the Brain and Spinal Cord

26  Injury Program in the Department of Health program for

27  personal care attendants.

28         (4)  The association, in cooperation with the

29  Department of Health and the Florida Endowment Foundation for

30  Vocational Rehabilitation, shall establish procedures for

31  

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    Florida Senate - 2007                     CS for CS for SB 922
    586-2648-07




 1  selecting persons eligible under subsection (1) to participate

 2  in the program.

 3         (5)  The association, in cooperation with the

 4  Department of Revenue, the Brain and Spinal Cord Injury

 5  Program in the Department of Health, the Florida Medicaid

 6  program in the Agency for Health Care Administration, a

 7  representative from the state attorney's office in each of the

 8  judicial circuits participating in the program, the Florida

 9  Endowment Foundation for Vocational Rehabilitation, and the

10  Division of Vocational Rehabilitation of the Department of

11  Education, shall develop a plan for implementation of the

12  program.

13         (6)  The Department of Health shall establish an

14  oversight workgroup for the personal care attendant program to

15  oversee the implementation and administration of the program.

16  The workgroup shall be composed of one representative from the

17  Brain and Spinal Cord Injury Program in the Department of

18  Health, one representative from the Department of Revenue, one

19  representative from the Florida Medicaid Program in the Agency

20  for Health Care Administration, one representative from the

21  Florida Endowment Foundation for Vocational Rehabilitation,

22  one representative from the Florida Association of Centers for

23  Independent Living, one representative from the Division of

24  Vocational Rehabilitation of the Department of Education, and

25  two members who are persons with traumatic spinal cord

26  injuries or are family members of persons with traumatic

27  spinal cord injuries.

28         Section 2.  Subsections (1) and (2) of section

29  413.4021, Florida Statutes, are amended to read:

30         413.4021  Program participant selection; tax collection

31  enforcement diversion program.--The Department of Revenue, in

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    Florida Senate - 2007                     CS for CS for SB 922
    586-2648-07




 1  coordination with the Florida Association of Centers for

 2  Independent Living and the Florida Prosecuting Attorneys

 3  Association, shall select judicial circuits in which to

 4  operate the program. The association and the state attorneys'

 5  offices shall develop and implement a tax collection

 6  enforcement diversion program, which shall collect revenue due

 7  from persons who have not remitted their collected sales tax.

 8  The criteria for referral to the tax collection enforcement

 9  diversion program shall be determined cooperatively between

10  the state attorneys' offices and the Department of Revenue.

11         (1)  Notwithstanding the provisions of s. 212.20, 90 50

12  percent of the revenues collected from the tax collection

13  enforcement diversion program shall be deposited into the

14  operating account of the Florida Endowment Foundation for

15  Vocational Rehabilitation, to be used to administer the

16  personal care attendant program and to contract with the state

17  attorneys participating in the tax collection enforcement

18  diversion program in an amount of not more than $50,000 for

19  each state attorney.

20         (2)  The program shall operate only from funds

21  deposited into the operating account of the Florida Endowment

22  Foundation for Vocational Rehabilitation. The Florida

23  Endowment Foundation for Vocational Rehabilitation shall

24  select the entity to administer the personal care attendant

25  program.

26         Section 3.  Notwithstanding any other law, each person

27  enrolled in the personal care attendant program under s.

28  413.402, Florida Statutes, on June 30, 2007, and each person

29  enrolled in the pilot personal care attendant program in Lake,

30  Orange, Osceola, and Seminole Counties as authorized in

31  Specific Appropriation 340, chapter 2006-25, Laws of Florida,

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    Florida Senate - 2007                     CS for CS for SB 922
    586-2648-07




 1  on June 30, 2007, is automatically eligible for and enrolled

 2  in the personal care attendant program, as amended by this act

 3  on July 1, 2007.

 4         Section 4.  This act shall take effect July 1, 2007.

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 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                      CS for Senate Bill 922

 8                                 

 9  The Committee Substitute names the program the James Patrick
    Memorial Work Incentive Personal Attendant Services program.
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