Florida Senate - 2009 CS for CS for SB 260
By the Committees on Health and Human Services Appropriations;
and Children, Families, and Elder Affairs; and Senator Wise
603-05639-09 2009260c2
1 A bill to be entitled
2 An act relating to Alzheimer’s disease; creating s.
3 430.5025, F.S.; directing the Department of Elderly
4 Affairs to develop and implement a public education
5 program relating to screening for Alzheimer’s disease;
6 providing criteria for awarding grants; providing a
7 definition; requiring grant recipients to submit an
8 evaluation of certain activities to the department;
9 authorizing the department to provide technical
10 support; requiring an annual report to the
11 Legislature; requiring the department to conduct or
12 support a study on memory-impairment screening;
13 requiring a report to the Legislature; providing for
14 implementation of the public education program to
15 operate within existing resources of the department;
16 providing that implementation of the memory impairment
17 screening grant program is contingent upon an
18 appropriation of state funds or the availability of
19 private resources; providing for implementation of the
20 screening study on memory impairment to operate within
21 existing resources of the department; amending s.
22 400.1755, F.S.; specifying the types of facilities
23 where an employee or direct caregiver of an assisted
24 living facility may begin employment without repeating
25 certain training requirements; amending s. 400.6045,
26 F.S.; requiring direct caregivers to comply with
27 certain continuing education requirements; amending s.
28 429.178, F.S.; specifying the types of facilities
29 where an employee or direct caregiver of an assisted
30 living facility may begin employment without repeating
31 certain training requirements; providing an effective
32 date.
33
34 WHEREAS, Alzheimer’s disease is a slow, progressive
35 disorder of the brain which results in loss of memory and other
36 cognitive functions, is the eighth leading cause of death in the
37 United States, and currently affects an estimated 5 million
38 Americans, with that number expected to increase to 16 million
39 by mid-century, and
40 WHEREAS, Alzheimer’s disease strikes approximately 1 in 10
41 people over the age of 65 and nearly half of those who are age
42 85 or older, although some people develop symptoms as young as
43 age 40, and
44 WHEREAS, Alzheimer’s disease takes an enormous toll on
45 family members who are the caregivers for individuals having the
46 disease, and
47 WHEREAS, caregivers for individuals who have Alzheimer’s
48 disease suffer more stress, depression, and health problems than
49 caregivers for individuals who have other illnesses, and
50 WHEREAS, Alzheimer’s disease costs United States businesses
51 more than $60 billion annually due to lost productivity and
52 absenteeism by primary caregivers and increased insurance costs,
53 and
54 WHEREAS, recent advancements in scientific research have
55 demonstrated the benefits of early medical treatment for persons
56 who have Alzheimer’s disease and the benefits of early access to
57 counseling and other support services for their caregivers, and
58 WHEREAS, research shows that several medications have been
59 developed which can reduce the symptoms of Alzheimer’s disease,
60 that persons begin to benefit most when these medications are
61 taken in the early stages of a memory disorder, and that this
62 intervention may extend the period during which patients can be
63 cared for at home, thereby significantly reducing the costs of
64 institutional care, and
65 WHEREAS, with early diagnosis, patients can participate in
66 decisions regarding their care and their families can take
67 advantage of support services that can reduce caregiver
68 depression and related health problems, and
69 WHEREAS, in direct response to research breakthroughs,
70 National Memory Screening Day was established as a collaborative
71 effort by organizations and health care professionals across the
72 country to promote awareness and early detection of memory
73 impairments, and
74 WHEREAS, on National Memory Screening Day, which is held on
75 the third Tuesday of November in recognition of National
76 Alzheimer’s Disease Month, health care professionals administer
77 free memory screenings at hundreds of sites throughout the
78 United States, and
79 WHEREAS, memory screening is used as an indicator of
80 whether a person might benefit from more extensive testing to
81 determine whether a memory or cognitive impairment exists and
82 identifies persons who may benefit from medical attention but is
83 not used to diagnose any illness and in no way replaces
84 examination by a qualified physician, NOW, THEREFORE,
85
86 Be It Enacted by the Legislature of the State of Florida:
87
88 Section 1. Section 430.5025, Florida Statutes, is created
89 to read:
90 430.5025 Memory impairment screening; grants.—
91 (1) The Department of Elderly Affairs shall develop and
92 implement a public education program relating to screening for
93 memory impairment and the importance of early diagnosis and
94 treatment of Alzheimer’s disease and related disorders.
95 (2) The department may award grants to qualifying entities
96 to support the development, expansion, or operation of programs
97 that provide:
98 (a) Information and education on the importance of memory
99 screening for early diagnosis and treatment of Alzheimer’s
100 disease and related disorders.
101 (b) Screenings for memory impairment.
102 (3) As used in this section, the term “qualifying entities”
103 means public and nonprofit private entities that provide
104 services and care to individuals who have Alzheimer’s disease or
105 related disorders and their caregivers and families.
106 (4) When awarding grants under this section, the department
107 shall give preference to applicants that:
108 (a) Have demonstrated experience in promoting public
109 education and awareness of the importance of memory screening or
110 providing memory-screening services.
111 (b) Have established arrangements with health care
112 providers and other organizations to provide screenings for
113 memory impairment in a manner that is convenient to individuals
114 in the communities served by the applicants.
115 (c) Provide matching funds.
116 (5) A qualifying entity that receives a grant under this
117 section shall submit to the department an evaluation that
118 describes activities carried out with funds received under this
119 section, the long-term effectiveness of such activities in
120 promoting early detection of memory impairment, and any other
121 information that the department requires.
122 (6) The department may set aside an amount not to exceed 15
123 percent of the total amount appropriated to the memory
124 impairment screening grant program for the fiscal year to
125 provide grantees with technical support in the development,
126 implementation, and evaluation of memory impairment screening
127 programs.
128 (7) A grant may be awarded under subsection (2) only if an
129 application for the grant is submitted to the department and the
130 application is in the form, is made in the manner, and contains
131 the agreements, assurances, and information that the department
132 determines are necessary to carry out the purposes of this
133 section.
134 (8) The department shall annually submit to the President
135 of the Senate and the Speaker of the House of Representatives a
136 report on the activities carried out under this section,
137 including provisions describing the extent to which the
138 activities have affected the rate of screening for memory
139 impairment and have improved outcomes for patients and
140 caregivers.
141 Section 2. Study on screening for memory impairment.—
142 (1) The Department of Elderly Affairs shall conduct or
143 provide support for a study on screening for memory impairment.
144 The study shall analyze scientific evidence regarding techniques
145 for memory screening, assess the availability of memory
146 screening on a nationwide basis, and identify strategies to
147 expand memory screening services through public-private
148 partnerships to improve outcomes for patients and caregivers.
149 (2) The department shall, not later than 12 months after
150 this section becomes law, prepare and submit to the relevant
151 substantive committees of the Senate and the House of
152 Representatives a report that describes the results of the study
153 conducted under this section. The report shall include specific
154 recommendations to increase awareness of the importance of early
155 detection of memory impairment and to improve access to memory
156 screening services nationwide by supporting and expanding
157 existing memory screening efforts in the private sector.
158 Section 3. Implementation.—
159 (1) Implementation of the public education program created
160 under s. 430.5025, Florida Statutes, shall operate within
161 existing resources of the Department of Elderly Affairs.
162 (2) Implementation of the memory impairment screening grant
163 program created under s. 430.5025, Florida Statutes, is
164 contingent upon appropriation of state funds or the availability
165 of private resources.
166 (3) Implementation of the study on screening for memory
167 impairment created under section 2 shall operate within existing
168 resources of the Department of Elderly Affairs.
169 Section 4. Subsection (6) of section 400.1755, Florida
170 Statutes, is amended to read:
171 400.1755 Care for persons with Alzheimer’s disease or
172 related disorders.—
173 (6) Upon completing any training listed in this section,
174 the employee or direct caregiver shall be issued a certificate
175 that includes the name of the training provider, the topic
176 covered, and the date and signature of the training provider.
177 The certificate is evidence of completion of training in the
178 identified topic, and the employee or direct caregiver is not
179 required to repeat training in that topic if the employee or
180 direct caregiver changes employment to a different facility or
181 to an assisted living facility, home health agency, adult day
182 care center, or hospice adult family-care home. The direct
183 caregiver must comply with other applicable continuing education
184 requirements.
185 Section 5. Paragraph (h) of subsection (1) of section
186 400.6045, Florida Statutes, is amended to read:
187 400.6045 Patients with Alzheimer’s disease or other related
188 disorders; staff training requirements; certain disclosures.—
189 (1) A hospice licensed under this part must provide the
190 following staff training:
191 (h) Upon completing any training described in this section,
192 the employee or direct caregiver shall be issued a certificate
193 that includes the name of the training provider, the topic
194 covered, and the date and signature of the training provider.
195 The certificate is evidence of completion of training in the
196 identified topic, and the employee or direct caregiver is not
197 required to repeat training in that topic if the employee or
198 direct caregiver changes employment to a different hospice or to
199 a home health agency, assisted living facility, nursing home, or
200 adult day care center. The direct caregiver must comply with
201 other applicable continuing education requirements.
202 Section 6. Subsection (4) of section 429.178, Florida
203 Statutes, is amended to read:
204 429.178 Special care for persons with Alzheimer’s disease
205 or other related disorders.—
206 (4) Upon completing any training listed in subsection (2),
207 the employee or direct caregiver shall be issued a certificate
208 that includes the name of the training provider, the topic
209 covered, and the date and signature of the training provider.
210 The certificate is evidence of completion of training in the
211 identified topic, and the employee or direct caregiver is not
212 required to repeat training in that topic if the employee or
213 direct caregiver changes employment to a different assisted
214 living facility or nursing home, hospice, adult day care center,
215 or home health agency facility. The employee or direct caregiver
216 must comply with other applicable continuing education
217 requirements.
218 Section 7. This act shall take effect July 1, 2009.