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The Florida Senate

CS/CS/CS/SB 694 — Adult Day Care Centers

by Budget Subcommittee on Health and Human Services Appropriations; Health Regulation Committee; Children, Families, and Elder Affairs Committee; and Senators Fasano, Haridopolos, Norman, Sachs, Gaetz, Bullard, Garcia, Dockery, and Sobel

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Children, Families, and Elder Affairs Committee (CF)

This bill creates the Specialized Alzheimer’s Services Adult Day Care Act (Act), which allows an adult day care center to apply to the Agency for Health Care Administration for a designation on its license as a “specialized Alzheimer’s services adult day care center.” The bill provides heightened requirements that an adult day care center seeking such licensure designation must follow.               

The operator and the operator’s designee hired on or after July 1, 2012, by an adult day care center that has a license designated under the Act must meet certain education or experience requirements. In addition, an adult day care center having a license designated under the Act must have a registered or licensed practical nurse on site daily for at least 75 percent of the time that the center is open to Alzheimer’s disease or a dementia-related disorder (ADRD) participants. Certain staff must have additional hours of dementia-specific training and receive and review an orientation plan. 

In order for a person to be admitted to an adult day care center with a designated license, the person must require ongoing supervision and may not actively demonstrate aggressive behavior.  In addition, the adult day care center participant or the participant’s caregiver must provide certain medical documentation signed by a licensed physician, licensed physician assistant, or a licensed advanced registered nurse practitioner. 

The bill provides requirements for an ADRD participant’s plan of care and requires a center to coordinate and execute appropriate discharge procedures if the center involuntarily terminates an ADRD participant’s enrollment in the center for medical or behavioral reasons.

The bill specifies that an adult day care center that chooses not to have a licensure designation may still provide adult day care services to persons who have Alzheimer’s disease or other dementia-related disorders. However, an adult day care center may not claim to have a license or licensure designation to provide specialized Alzheimer’s services unless it has received such licensure designation.

The bill provides rulemaking authority to the Department of Elderly Affairs to administer the newly created section of law.

If approved by the Governor, these provisions take effect July 1, 2012.

Vote: Senate 39-0; House 118-0