Senate Bill 1786

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    Florida Senate - 1998                                  SB 1786

    By Senator Klein





    28-1269-98                                          See HB 551

  1                      A bill to be entitled

  2         An act relating to persons with disabilities;

  3         creating ss. 410.701, 410.702, 410.703,

  4         410.704, 410.705, 410.706, F.S.; establishing

  5         the home and community-based personal care

  6         services for persons with disabilities program

  7         in the Department of Children and Family

  8         Services; directing the Agency for Health Care

  9         Administration to request a waiver of Medicaid

10         regulations; providing conditions for

11         implementation; providing a repeal date;

12         requiring reports; amending s. 400.0065, F.S.;

13         directing the State Long-Term Care Ombudsman to

14         promote the home and community-based personal

15         care services for persons with disabilities

16         program among disabled adults who would

17         otherwise require nursing home care; providing

18         an effective date.

19

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

21

22         Section 1.  Sections 410.701, 410.702, 410.703,

23  410.704, 410.705, and 410.706, Florida Statutes, are created

24  to read:

25         410.701  Short Title.--Sections 410.701-410.706 may be

26  cited as "The Home and Community-based Personal Care Services

27  for Persons with Disabilities Act."

28         410.702  Legislative Intent.--It is the intent of the

29  Legislature to provide, under federal authorization and

30  subject to available appropriations, home and community-based

31  personal care services for persons with disabilities who would

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    Florida Senate - 1998                                  SB 1786
    28-1269-98                                          See HB 551




  1  otherwise require nursing home care. The Legislature intends

  2  through ss. 410.701-410.706 to further develop the continuum

  3  of home and community-based services for disabled adults.

  4         410.703  Definitions.--As used in ss. 410.701-410.706,

  5  the term:

  6         (1)  "Activities of daily living" means those tasks

  7  that are necessary to maintain a safe and healthy level of

  8  daily living, including household and community-level

  9  activities.

10         (2)  "Assistive Technology" means any piece of

11  equipment, product, or device that is used to increase,

12  maintain, improve, or replace functional capabilities of

13  individuals with disabilities.

14         (3) "Department" means the Department of Children and

15  Family Services.

16         (4)  "Eligible person" means a person:

17         (a)  Who is at least 18 years of age, but under 60

18  years of age;

19         (b)  Who has a permanent physical or mental limitation

20  that restricts his or her ability to perform the normal

21  activities of daily living and impedes his or her capacity to

22  live independently or with relatives or friends without the

23  provision of community-based services;

24         (c)  Who is eligible for Medicaid Nursing Home (NH);

25  and

26         (d)  For whom the total reimbursement for in-home

27  personal care services would not exceed the costs of

28  institutionalization in a nursing home for the same period.

29         (5)  "Independent living skills training" means

30  structured, nonresidential training services that are directed

31  at the development and maintenance of community living skills

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    Florida Senate - 1998                                  SB 1786
    28-1269-98                                          See HB 551




  1  and are provided on a regularly scheduled basis for one or

  2  more days per week to allow a recipient to function at the

  3  recipient's maximum potential. When required, these services

  4  should include, but should not be limited to, social skills

  5  training that allows for reintegration into the community,

  6  budgeting and financial issues, and self-advocacy training.

  7         (6)  "Personal care assistance" means assistance with

  8  eating, bathing, dressing, personal hygiene, and activities of

  9  daily living, including assistance with the preparation but

10  not the cost of meals and homemaker services that are

11  necessary for the health and safety of the recipient.

12         (7)  "Supported living" means assistance or support

13  designed to maximize or maintain independence and

14  self-direction at different intervals in time.

15         410.704  Federal waiver and duties of department.--

16         (1)  The Agency for Health Care Administration shall

17  seek any necessary waiver of Medicaid regulations from the

18  Federal Government to develop and implement a home and

19  community-based personal care services program for persons

20  with disabilities needing personal care services.

21         (2)  The department shall design and operate in each

22  district a program to provide home and community-based

23  personal care services to eligible persons. Eligibility is

24  limited to Medicaid-eligible persons with disabilities whose

25  need for personal care services meet the level of service

26  provided in a nursing home environment. Services provided

27  under ss. 410.701-410.706 must be offered at a level required

28  to maintain eligibility under s. 410.703.

29         (3)  The program content of personal care services for

30  eligible persons may be established in department rules to the

31

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    Florida Senate - 1998                                  SB 1786
    28-1269-98                                          See HB 551




  1  extent authorized or required by federal waiver, but must

  2  include at least the following:

  3         (a)  Independent living skills training, to be

  4  indicated in the eligible person's plan of care and provided

  5  by contracting through community-level, nonprofit,

  6  disability-related organizations;

  7         (b)  In-home residential care as needed, including, but

  8  not limited to:

  9         1.  Supported living;

10         2.  Personal care assistance;

11         3.  Respite care;

12         4.  Adult day care; and

13         5.  Interpreter services.

14         (c)  Environmental modifications necessary to increase

15  the accessibility and functionality of the home environment to

16  a level usable by the eligible person. Modifications made to

17  rented or leased property must hold back sufficient funds to

18  comply with the Fair Housing Act Amendments of 1988, which

19  require that certain modifications be returned to their

20  original condition upon fulfillment of the leasing agreement;

21         (d)  Assistive technology;

22         (e)  Medical equipment or supplies; and

23         (f)  Transportation services as provided by the local

24  paratransit service provider.

25         (4)  The department shall provide a system of

26  reimbursement for services provided under ss. 410.701-410.706

27  that encourages both the most cost-effective provision of

28  services, and the widest possible range of service options for

29  the eligible person.

30         (5)  An eligible person shall, upon acceptance into the

31  waiver program, select one or more vendors to provide the

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    Florida Senate - 1998                                  SB 1786
    28-1269-98                                          See HB 551




  1  services under ss. 410.701-410.706. An eligible person may not

  2  select a vendor with which the eligible person has any current

  3  professional relationship, excluding previous or current

  4  experience as a client of the vendor's services or which is

  5  owned or operated by a member of the eligible person's family.

  6         (6)  The department shall, subject to appropriation,

  7  use available federal, state, local, and private funds

  8  including, but not limited to, Medicaid funds available under

  9  Title XIX of the Federal Social Security Act, as amended, to

10  carry out the purposes of ss. 410.701-410.706.

11         (7)  The department shall adopt rules concerning the

12  certification of agencies as Medicaid providers for the

13  purposes of ss. 410.701-410.706, fiscal and administrative

14  procedures for reviewing plans of care, reimbursement rates,

15  and the scope, duration, and content of programs and the

16  eligibility for specific services provided under ss.

17  410.701-410.706.

18         410.705  Implementation contingent upon federal

19  waiver.--

20         (1)  The implementation of ss. 410.701-410.706 is

21  conditioned upon the issuance of any necessary waiver by the

22  Federal Government and available appropriations. The

23  provisions of ss. 410.701-410.706 shall be implemented to the

24  extent authorized by federal waiver. If necessary, the

25  department shall propose legislation that conforms with the

26  waiver provisions no later than the next regular legislative

27  session following the issuance of the waiver.

28         (2)  The provisions of ss. 410.701-410.706 which are

29  approved by the Federal Government and are authorized by

30  federal waiver shall be implemented only for so long as

31  specified in the federal waiver, unless otherwise extended by

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    Florida Senate - 1998                                  SB 1786
    28-1269-98                                          See HB 551




  1  the Federal Government. The department shall provide written

  2  notice of the termination date of the waiver to the President

  3  of the Senate and the Speaker of the House of Representatives.

  4         (3)  Sections 410.701-410.706 are repealed July 1,

  5  2004.

  6         Section 410.706  Biennial report.--Upon implementation

  7  of ss. 410.701-410.706 and prior to the end of every second

  8  year thereafter, the department shall issue a report to the

  9  President of the Senate and the Speaker of the House of

10  Representatives, which must contain, at a minimum:  the number

11  of individuals participating in the waiver program; the

12  percentage change in participation from the previous period,

13  if applicable; and strategies for increasing participation, if

14  current levels are below maximum enrollment levels set by the

15  federal waiver.

16         Section 2.  Subsection (2) of section 400.0065, Florida

17  Statutes, is amended to read:

18         400.0065  State Long-Term Care Ombudsman; duties and

19  responsibilities; conflict of interest.--

20         (2)  The State Long-Term Care Ombudsman shall have the

21  duty and authority to:

22         (a)  Assist and support the efforts of the State

23  Long-Term Care Ombudsman Council in the establishment and

24  coordination of district ombudsman councils throughout the

25  state.

26         (b)  Perform the duties specified in state and federal

27  law, rules, and regulations.

28         (c)  Within the limits of federal and state funding

29  authorized and appropriated, employ such personnel, including

30  staff for district ombudsman councils, as are necessary to

31  perform adequately the functions of the office and provide or

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    Florida Senate - 1998                                  SB 1786
    28-1269-98                                          See HB 551




  1  contract for legal services to assist the state and district

  2  ombudsman councils in the performance of their duties.  Staff

  3  positions for each district ombudsman council may be

  4  established as career service positions, and shall be filled

  5  in consultation with the respective district ombudsman

  6  council.

  7         (d)  Contract for services necessary to carry out the

  8  activities of the office.

  9         (e)  Apply for, receive, and accept grants, gifts, or

10  other payments, including, but not limited to, real property,

11  personal property, and services from a governmental entity or

12  other public or private entity or person, and make

13  arrangements for the use of such grants, gifts, or payments.

14         (f)  Perform the duties specified in state and federal

15  law without interference by officials of the Department of

16  Elderly Affairs, the Agency for Health Care Administration, or

17  the Department of Health and Rehabilitative Services.  The

18  ombudsman shall report to the Governor, the President of the

19  Senate, and the Speaker of the House of Representatives

20  whenever organizational or departmental policy issues threaten

21  the ability of the Office of State Long-Term Care Ombudsman to

22  carry out its duties under state or federal law.

23         (g)  Coordinate, to the greatest extent possible, state

24  and district ombudsman services with the protection and

25  advocacy systems for individuals with developmental

26  disabilities and mental illnesses and with legal assistance

27  programs for the poor through adoption of memoranda of

28  understanding and other means.

29         (h)  Inform potentially eligible persons under ss.

30  410.701-410.706 with a priority of contacting those

31  potentially eligible persons already living in nursing homes,

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    Florida Senate - 1998                                  SB 1786
    28-1269-98                                          See HB 551




  1  of the existence of the various waiver programs available,

  2  including, but not limited to, home and community-based

  3  personal care services for persons with disabilities;

  4         (i)  Assist potentially eligible persons under ss.

  5  410.701-410.706 with application procedures necessary to

  6  participate in the waiver program; and

  7         (j)  Promote waiver programs among persons with

  8  disabilities as a viable option to institutionalization.

  9         Section 3.  This act shall take effect upon becoming a

10  law.

11

12            *****************************************

13                       LEGISLATIVE SUMMARY

14    Creates the home and community-based personal care
      services for persons with disabilities program in the
15    Department of Children and Family Services for disabled
      adults who would otherwise require nursing home care.
16    Directs the Agency for Health Care Administration to
      request a waiver of Medicaid regulations. Provides
17    conditions for implementation of the program and directs
      the State Long-Term Care Ombudsman to promote the
18    program.

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