House Bill 4549

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    Florida House of Representatives - 1998                HB 4549

        By Representatives Gottlieb, Villalobos, Bullard, Lippman,
    Jacobs and Healey





  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 developmentally

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

12         legislative recognition of

13         deinstitutionalization; amending s. 393.12,

14         F.S.; revising conditions for the appointment

15         of a guardian advocate; repealing ss. 393.165

16         and 393.166, F.S., which provide legislative

17         findings and provide for licensure of

18         facilities under the Intermediate Care Facility

19         for the Developmentally Disabled Program;

20         providing an effective date.

21

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

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

25  393.063, Florida Statutes, are amended to read:

26         393.063  Definitions.--For the purposes of this

27  chapter:

28         (29)  "Intermediate care facility for the

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

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

31  accordance with state law, and certified by the Federal

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    Florida House of Representatives - 1998                HB 4549

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

  2  of Medicaid services to persons who are mentally retarded or

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

  4  shall not be more than 120 clients.

  5         (41)  "Residential habilitation center" means a

  6  community residential facility operated primarily for the

  7  diagnosis, treatment, habilitation, or rehabilitation of its

  8  residents, which facility provides, in a structured

  9  residential setting, individualized continuing evaluation,

10  planning, 24-hour supervision, and coordination and

11  integration of health or rehabilitative services to help each

12  resident reach his or her maximum functioning capabilities.

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

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

15  habilitation centers shall be licensed and the licensed

16  capacity shall not be increased for any existing residential

17  habilitation center.

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

19  Statutes, is amended to read:

20         393.0651  Family or individual support plan.--The

21  department shall provide for an appropriate family support

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

23  individual support plan for each client. The parent or

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

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

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

27  Each plan shall include the most appropriate, least

28  restrictive, and most cost-beneficial environment for

29  accomplishment of the objectives for client progress and a

30  specification of all services authorized. The plan shall

31  include provisions for the most appropriate level of care for

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    Florida House of Representatives - 1998                HB 4549

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

  2  each client, when residential care is necessary, the

  3  department shall move toward placement of clients in

  4  residential facilities based within the client's community.

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

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

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

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

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

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

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

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

13  subsection.

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

15  appropriate and least restrictive, and cost-beneficial,

16  residential facility according to his or her individual

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

18  competent, the client, or, when appropriate, the client

19  advocate, and the administrator of the residential facility to

20  which placement is proposed shall be consulted in determining

21  the appropriate placement for the client. Considerations for

22  placement shall be made in the following order:

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

24  or direct service provider.

25         (b)  Foster care facility.

26         (c)  Group home facility.

27         (d)  Public or private intermediate care facility for

28  the developmentally disabled.

29         (e)  Other facilities licensed by the department which

30  offer special programs for people with developmental

31  disabilities.

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  1         (f)  Developmental services institution.

  2         Section 3.  Subsection (18) of section 393.067, Florida

  3  Statutes, is amended to read:

  4         393.067  Licensure of residential facilities and

  5  comprehensive transitional education programs.--

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

  7  1991, to phase out all of the unlicensed beds in developmental

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

  9  upon appropriations, ensure that all beds operating after that

10  date are licensed as intermediate care facilities for the

11  developmentally disabled. This plan must address among other

12  issues the transfer of funds from developmental services

13  institutions to the community.

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

15  Statutes, is amended to read:

16         393.068  Family care program.--

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

18  purpose of providing services and support to families and

19  individuals with developmental disabilities in order to

20  maintain the individual in the home environment and avoid

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

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

23  success of deinstitutionalization. Services and support

24  available to families and individuals with developmental

25  disabilities shall emphasize community living and enable

26  individuals with developmental disabilities to enjoy typical

27  lifestyles.  Support and flexibility in coordinating support

28  and services are core elements in caring for the individual

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

30  to recognize that families are the greatest resource available

31  to individuals who have developmental disabilities and that

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    Florida House of Representatives - 1998                HB 4549

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  1  families must be supported in their role as primary care

  2  givers. Services and support authorized under this program

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

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

  5         (a)  Attendant care.

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

  7         (c)  Home visitation by agency workers.

  8         (d)  In-home subsidies.

  9         (e)  Low-interest loans.

10         (f)  Parent training.

11         (g)  Respite care.

12         (h)  Modifications for vehicles used to transport the

13  individual with a developmental disability.

14         (i)  Facilitated communication.

15         (j)  Family counseling.

16         (k)  Equipment and supplies.

17         (l)  Self-advocacy training.

18         (m)  Roommate services.

19         (n)  Integrated community activities.

20         (o)  Emergency services.

21         (p)  Support coordination.

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

23  or individual.

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

25  393.12, Florida Statutes, is amended to read:

26         393.12  Capacity; appointment of guardian advocate.--

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

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

29  guardian advocate, without an adjudication of incapacity, for

30  a person with developmental disabilities, if the person lacks

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

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    Florida House of Representatives - 1998                HB 4549

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

  2  person has voluntarily petitioned for the appointment of a

  3  guardian advocate. Except as otherwise specified, the

  4  proceeding shall be governed by the Florida Rules of Civil

  5  Procedure.

  6         Section 6.  Sections 393.165 and 393.166, Florida

  7  Statutes, are repealed.

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

  9  law.

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12                       LEGISLATIVE SUMMARY

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

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