The Florida Senate

381.795  Long-term community-based supports.--The department shall, contingent upon specific appropriations for these purposes:

(1)  Study the long-term needs for community-based supports and services for individuals who have sustained traumatic brain or spinal cord injuries. The purpose of this study is to prevent inappropriate residential and institutional placement of these individuals, and promote placement in the most cost effective and least restrictive environment. Any placement recommendations for these individuals shall ensure full utilization of and collaboration with other state agencies, programs, and community partners. This study shall be submitted to the Governor, the President of the Senate, and the Speaker of the House of Representatives not later than December 31, 2000.

(2)  Based upon the results of this study, establish a plan for the implementation of a program of long-term community-based supports and services for individuals who have sustained traumatic brain or spinal cord injuries who may be subject to inappropriate residential and institutional placement as a direct result of such injuries.

(a)  The program shall be payor of last resort for program services, and expenditures for such services shall be considered funded services for purposes of s. 381.785; however, notwithstanding s. 381.79(5), proceeds resulting from this subsection shall be used solely for this program.

(b)  The department shall create, by rule, procedures to ensure, that in the event the program is unable to directly or indirectly provide such services to all eligible individuals due to lack of funds, those individuals most at risk to suffer the greatest harm from an imminent inappropriate residential or institutional placement are served first.

(c)  Every applicant or recipient of the long-term community-based supports and services program shall have been a resident of the state for 1 year immediately preceding application and be a resident of the state at the time of application.

(d)  The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provision of this subsection.

History.--s. 29, ch. 2000-367.