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The Florida Senate

2014 Florida Statutes

Title XXX SOCIAL WELFARE
Chapter 430 ELDERLY AFFAIRS Entire Chapter
SECTION 502
Alzheimer’s disease; memory disorder clinics and day care and respite care programs.
F.S. 430.502
430.502 Alzheimer’s disease; memory disorder clinics and day care and respite care programs.—
1(1) There is established:
(a) A memory disorder clinic at each of the three medical schools in this state;
(b) A memory disorder clinic at a major private nonprofit research-oriented teaching hospital, and may fund a memory disorder clinic at any of the other affiliated teaching hospitals;
(c) A memory disorder clinic at the Mayo Clinic in Jacksonville;
(d) A memory disorder clinic at the West Florida Regional Medical Center;
(e) A memory disorder clinic operated by Health First in Brevard County;
(f) A memory disorder clinic at the Orlando Regional Healthcare System, Inc.;
(g) A memory disorder center located in a public hospital that is operated by an independent special hospital taxing district that governs multiple hospitals and is located in a county with a population greater than 800,000 persons;
(h) A memory disorder clinic at St. Mary’s Medical Center in Palm Beach County;
(i) A memory disorder clinic at Tallahassee Memorial Healthcare;
(j) A memory disorder clinic at Lee Memorial Hospital created by chapter 63-1552, Laws of Florida, as amended;
(k) A memory disorder clinic at Sarasota Memorial Hospital in Sarasota County;
(l) A memory disorder clinic at Morton Plant Hospital, Clearwater, in Pinellas County; and
(m) A memory disorder clinic at Florida Atlantic University, Boca Raton, in Palm Beach County,

for the purpose of conducting research and training in a diagnostic and therapeutic setting for persons suffering from Alzheimer’s disease and related memory disorders. However, memory disorder clinics funded as of June 30, 1995, shall not receive decreased funding due solely to subsequent additions of memory disorder clinics in this subsection.

(2) It is the intent of the Legislature that research conducted by a memory disorder clinic and supported by state funds pursuant to subsection (1) be applied research, be service-related, and be selected in conjunction with the department. Such research may address, but is not limited to, diagnostic technique, therapeutic interventions, and supportive services for persons suffering from Alzheimer’s disease and related memory disorders and their caregivers. A memory disorder clinic shall conduct such research in accordance with a research plan developed by the clinic which establishes research objectives that are in accordance with this legislative intent. A memory disorder clinic shall also complete and submit to the department a report of the findings, conclusions, and recommendations of completed research. This subsection does not apply to those memory disorder clinics at the three medical schools in the state or at the major private nonprofit research-oriented teaching hospital or other affiliated teaching hospital.
(3) The department shall develop minimum performance standards for memory disorder clinics and include those standards in each memory disorder clinic contract as a condition for receiving base-level funding. The performance standards must address, at a minimum, quality of care, comprehensiveness of services, and access to services.
(4) The department shall develop performance goals that exceed the minimum performance standards developed under subsection (3), which goals must be achieved in order for a memory disorder clinic to be eligible for incentive funding above the base level, subject to legislative appropriation. Incentive funding shall be based on criteria including, but not limited to:
(a) Significant increase in the volume of clinical services.
(b) Significant increase in public outreach to low-income and minority populations.
(c) Significant increase in acceptance of Medicaid and commercial insurance policies.
(d) Significant institutional financial commitments.
(5) The department shall measure and score each memory disorder clinic based on minimum performance standards and incentive performance goals.
(6) The Alzheimer’s Disease Advisory Committee shall evaluate and make recommendations to the department and the Legislature concerning the need for additional memory disorder clinics in the state.
(7) Pursuant to s. 287.057, the department may contract for the provision of specialized model day care programs in conjunction with the memory disorder clinics. The purpose of each model day care program must be to provide service delivery to persons suffering from Alzheimer’s disease or a related memory disorder and training for health care and social service personnel in the care of persons having Alzheimer’s disease or related memory disorders.
(8) Pursuant to s. 287.057, the department shall contract for the provision of respite care. All funds appropriated for the provision of respite care shall be distributed annually by the department to each funded county according to an allocation formula. In developing the formula, the department shall consider the number and proportion of the county population of individuals who are 75 years of age and older. Each respite care program shall be used as a resource for research and statistical data by the memory disorder clinics established in this part. In consultation with the memory disorder clinics, the department shall specify the information to be provided by the respite care programs for research purposes.
(9) Each contract entered into pursuant to this section must contain a requirement for a research component to be completed and reported on in writing to the department according to specifications and within a timeframe provided by the department.
(10) The Agency for Health Care Administration and the department shall seek a federal waiver to implement a Medicaid home and community-based waiver targeted to persons with Alzheimer’s disease to test the effectiveness of Alzheimer’s specific interventions to delay or to avoid institutional placement.
(11) The department shall implement the waiver program specified in subsection (10). The agency and the department shall ensure that providers who have a history of successfully serving persons with Alzheimer’s disease are selected. The department and the agency shall develop specialized standards for providers and services tailored to persons in the early, middle, and late stages of Alzheimer’s disease and designate a level of care determination process and standard that is most appropriate to this population. The department and the agency shall include in the waiver services designed to assist the caregiver in continuing to provide in-home care. The department shall implement this waiver program subject to a specific appropriation or as provided in the General Appropriations Act.
(12) Authority to continue the waiver program specified in subsection (10) shall be automatically eliminated at the close of the 2010 Regular Session of the Legislature unless further legislative action is taken to continue it before such time.
History.—s. 2, ch. 85-145; s. 14, ch. 88-398; s. 32, ch. 90-268; s. 1, ch. 90-324; s. 1, ch. 91-179; s. 1, ch. 95-253; s. 37, ch. 95-418; s. 17, ch. 97-82; s. 2, ch. 97-163; s. 1, ch. 98-102; s. 1, ch. 98-327; s. 1, ch. 99-394; s. 86, ch. 2000-153; s. 26, ch. 2003-57; s. 4, ch. 2004-246; s. 9, ch. 2004-386; s. 20, ch. 2005-60; s. 1, ch. 2008-44; s. 1, ch. 2008-60; s. 144, ch. 2010-102; s. 4, ch. 2014-163.
1Note.—Section 4, ch. 2014-163, amended paragraph (1)(e) without publishing the flush left language at the end of the subsection. Absent affirmative evidence of legislative intent to repeal it, the flush left language is published here, pending clarification by the Legislature.
Note.—Former s. 410.402.