House Bill 0487

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    Florida House of Representatives - 1999                 HB 487

        By Representative Hafner






  1                      A bill to be entitled

  2         An act relating to developmental disabilities;

  3         creating s. 393.0661, F.S.; providing for

  4         developmental services waiver programs;

  5         requiring Medicaid provider agreements;

  6         providing for rulemaking; authorizing the

  7         Department of Children and Family Services to

  8         accept inspections by accrediting organizations

  9         in lieu of its own inspections for licensure;

10         providing for life-safety and other type

11         inspections; providing an effective date.

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

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15         Section 1.  Section 393.0661, Florida Statutes, is

16  created to read:

17         393.0661  Developmental services waiver programs;

18  accrediting organizations.--

19         (1)  The Agency for Health Care Administration, with

20  the approval of the Federal Health Care Financing

21  Administration, may establish developmental services waiver

22  programs to provide the services described in s. 393.066 to

23  clients of the department who have developmental disabilities.

24  These waiver programs shall be administered by the department

25  on behalf of the agency as provided in the waiver document

26  approved by the Federal Health Care Financing Administration.

27  The department and the agency shall, by interagency agreement,

28  delineate each entity's responsibilities with respect to

29  operation and administration of these waiver programs.

30         (2)  If the department elects to use a developmental

31  services waiver program to purchase services described in s.

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    Florida House of Representatives - 1999                 HB 487

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  1  393.066, the department must certify that providers seeking to

  2  perform such services meet initial eligibility criteria

  3  specified in the applicable waiver document approved by the

  4  Federal Health Care Financing Administration. Before

  5  performing or receiving compensation for services, a service

  6  provider shall execute a Medicaid provider agreement with the

  7  agency as provided in s. 409.907. The department shall develop

  8  contractual performance standards for services providers

  9  which, with the approval of the agency, must be incorporated

10  in the Medicaid provider agreement as provided in s.

11  409.907(5)(c). In order to continue to serve as developmental

12  services waiver program contract providers, service providers

13  must meet the performance standards set forth in the Medicaid

14  provider agreement. As an alternative to departmental

15  performance standards, the department must accept, without any

16  additional requirements, accreditation by nationally

17  recognized accreditation bodies such as the Accreditation

18  Council on Disabilities and the Commission on Accreditation of

19  Rehabilitation Facilities.

20         (3)  The department shall adopt rules to administer the

21  waiver programs in accordance with its responsibilities under

22  this chapter.

23         (4)  The department shall accept, in lieu of its own

24  inspections for licensure, the survey or inspection of an

25  accrediting organization, if the facility is accredited and

26  the department receives the report of the accrediting

27  organization. The department shall develop and adopt by rule

28  criteria for accepting survey reports of accrediting

29  organizations in lieu of conducting a state licensure

30  inspection.

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    Florida House of Representatives - 1999                 HB 487

    123-172-99






  1         (5)  The department shall conduct compliant

  2  investigations and sample validation inspections to evaluate

  3  the inspection process of accrediting organizations to ensure

  4  that minimum standards are maintained as provided by law and

  5  rule. The department may conduct a life-safety inspection in

  6  calendar years in which an accrediting organization survey is

  7  not conducted and shall conduct a full state inspection,

  8  including a life safety inspection, if an accrediting

  9  organization survey has not been conducted within the previous

10  24 months.

11         Section 2.  This act shall take effect upon becoming a

12  law.

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15                          SENATE SUMMARY

16    Authorizes the Agency for Health Care Administration, in
      conjunction with the Department of Children and Family
17    Services and with the approval of the Federal Health Care
      Financing Administration, to establish developmental
18    services waiver programs to provide services to clients
      with developmental disabilities. Provides for inspections
19    by accrediting organizations.

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