Senate Bill 1420

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    Florida Senate - 1998                                  SB 1420

    By Senator Meadows





    30-827-98

  1                      A bill to be entitled

  2         An act relating to developmental disabilities;

  3         amending s. 393.063, F.S.; redefining the terms

  4         "intermediate care facility for the

  5         developmentally disabled" and "residential

  6         habilitation center"; amending s. 393.0651,

  7         F.S.; revising criteria for the placement of

  8         clients; amending s. 393.067, F.S.; providing

  9         for the licensure of facilities as intermediate

10         care facilities for the mentally retarded;

11         amending s. 393.068, F.S.; deleting legislative

12         recognition of deinstitutionalization; amending

13         s. 393.12, F.S.; revising conditions for the

14         appointment of a guardian advocate; repealing

15         ss. 393.165 and 393.166, F.S., which provide

16         legislative findings and provide for licensure

17         of facilities under the Intermediate Care

18         Facility for the Developmentally Disabled

19         Program; providing an effective date.

20

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

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23         Section 1.  Subsections (29) and (41) of section

24  393.063, Florida Statutes, are amended to read:

25         393.063  Definitions.--For the purposes of this

26  chapter:

27         (29)  "Intermediate care facility for the

28  developmentally disabled" or "ICF/DD" means a

29  state-owned-and-operated residential facility licensed in

30  accordance with state law, and certified by the Federal

31  Government pursuant to the Social Security Act, as a provider

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    Florida Senate - 1998                                  SB 1420
    30-827-98




  1  of Medicaid services to persons who are mentally retarded or

  2  who have related conditions. The capacity of such a facility

  3  shall not be more than 120 clients.

  4         (41)  "Residential habilitation center" means a

  5  community residential facility operated primarily for the

  6  diagnosis, treatment, habilitation, or rehabilitation of its

  7  residents, which facility provides, in a structured

  8  residential setting, individualized continuing evaluation,

  9  planning, 24-hour supervision, and coordination and

10  integration of health or rehabilitative services to help each

11  resident reach his or her maximum functioning capabilities.

12  The capacity of such a facility shall not be less than nine

13  residents.  After October 1, 1989, no new residential

14  habilitation centers shall be licensed and the licensed

15  capacity shall not be increased for any existing residential

16  habilitation center.

17         Section 2.  Subsection (5) of section 393.0651, Florida

18  Statutes, is amended to read:

19         393.0651  Family or individual support plan.--The

20  department shall provide for an appropriate family support

21  plan for children ages birth to 18 years of age and an

22  individual support plan for each client. The parent or

23  guardian of the client or, if competent, the client, or, when

24  appropriate, the client advocate, shall be consulted in the

25  development of the plan and shall receive a copy of the plan.

26  Each plan shall include the most appropriate, least

27  restrictive, and most cost-beneficial environment for

28  accomplishment of the objectives for client progress and a

29  specification of all services authorized. The plan shall

30  include provisions for the most appropriate level of care for

31  the client. Within the specification of needs and services for

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    Florida Senate - 1998                                  SB 1420
    30-827-98




  1  each client, when residential care is necessary, the

  2  department shall move toward placement of clients in

  3  residential facilities based within the client's community.

  4  The ultimate goal of each plan, whenever possible, shall be to

  5  enable the client to live a dignified life in the least

  6  restrictive setting, be that in the home or in the community.

  7  For children under 6 years of age, the family support plan

  8  shall be developed within the 45-day application period as

  9  specified in s. 393.065(1); for all applicants 6 years of age

10  or older, the family or individual support plan shall be

11  developed within the 60-day period as specified in that

12  subsection.

13         (5)  The department shall place a client in the most

14  appropriate and least restrictive, and cost-beneficial,

15  residential facility according to his or her individual

16  habilitation plan. The parent or guardian of the client or, if

17  competent, the client, or, when appropriate, the client

18  advocate, and the administrator of the residential facility to

19  which placement is proposed shall be consulted in determining

20  the appropriate placement for the client. Considerations for

21  placement shall be made in the following order:

22         (a)  Client's own home or the home of a family member

23  or direct service provider.

24         (b)  Foster care facility.

25         (c)  Group home facility.

26         (d)  Intermediate public or private care facility for

27  the developmentally disabled.

28         (e)  Other facilities licensed by the department which

29  offer special programs for people with developmental

30  disabilities.

31         (f)  Developmental services institution.

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    Florida Senate - 1998                                  SB 1420
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  1         Section 3.  Subsection (18) of section 393.067, Florida

  2  Statutes, is amended to read:

  3         393.067  Licensure of residential facilities and

  4  comprehensive transitional education programs.--

  5         (18)  The department shall develop a plan by March 15,

  6  1991, to phase out all of the unlicensed beds in developmental

  7  services institutions by December 30, 1999, and, contingent

  8  upon appropriations, ensure that all beds operating after that

  9  date are licensed as intermediate care facilities for the

10  mentally retarded. This plan must address among other issues

11  the transfer of funds from developmental services institutions

12  to the community.

13         Section 4.  Subsection (1) of section 393.068, Florida

14  Statutes, is amended to read:

15         393.068  Family care program.--

16         (1)  The family care program is established for the

17  purpose of providing services and support to families and

18  individuals with developmental disabilities in order to

19  maintain the individual in the home environment and avoid

20  costly out-of-home residential placement.  The Legislature

21  recognizes the importance of family support in the long-range

22  success of deinstitutionalization. Services and support

23  available to families and individuals with developmental

24  disabilities shall emphasize community living and enable

25  individuals with developmental disabilities to enjoy typical

26  lifestyles.  Support and flexibility in coordinating support

27  and services are core elements in caring for the individual

28  who is developmentally disabled. One way to accomplish this is

29  to recognize that families are the greatest resource available

30  to individuals who have developmental disabilities and that

31  families must be supported in their role as primary care

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    Florida Senate - 1998                                  SB 1420
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  1  givers. Services and support authorized under this program

  2  shall include the services listed under s. 393.066(4) and, in

  3  addition, shall include, but not be limited to:

  4         (a)  Attendant care.

  5         (b)  Barrier-free modifications to the home.

  6         (c)  Home visitation by agency workers.

  7         (d)  In-home subsidies.

  8         (e)  Low-interest loans.

  9         (f)  Parent training.

10         (g)  Respite care.

11         (h)  Modifications for vehicles used to transport the

12  individual with a developmental disability.

13         (i)  Facilitated communication.

14         (j)  Family counseling.

15         (k)  Equipment and supplies.

16         (l)  Self-advocacy training.

17         (m)  Roommate services.

18         (n)  Integrated community activities.

19         (o)  Emergency services.

20         (p)  Support coordination.

21         (q)  Other support services as identified by the family

22  or individual.

23         Section 5.  Paragraph (a) of subsection (2) of section

24  393.12, Florida Statutes, is amended to read:

25         393.12  Capacity; appointment of guardian advocate.--

26         (2)  APPOINTMENT OF A GUARDIAN ADVOCATE.--

27         (a)  Conditions.--A probate court may appoint a

28  guardian advocate, without an adjudication of incapacity, for

29  a person with developmental disabilities, if the person lacks

30  the capacity to do some, but not all, of the tasks necessary

31  to care for his or her person, property, or estate or if the

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    Florida Senate - 1998                                  SB 1420
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  1  person has voluntarily petitioned for the appointment of a

  2  guardian advocate. Except as otherwise specified, the

  3  proceeding shall be governed by the Florida Rules of Civil

  4  Procedure.

  5         Section 6.  Sections 393.165 and 393.166, Florida

  6  Statutes, are repealed.

  7         Section 7.  This act shall take effect upon becoming a

  8  law.

  9

10            *****************************************

11                          SENATE SUMMARY

12    Revises criteria for licensure of facilities for persons
      with developmental disabilities and for placement of
13    clients in those facilities. (See bill for details.)

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