Senate Bill 1222

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    Florida Senate - 2000                                  SB 1222

    By Senator McKay





    26-938-00

  1                      A bill to be entitled

  2         An act creating the Task Force on the

  3         Availability and Affordability of Long-term

  4         Care; providing for membership and duties;

  5         providing for staff and expenses; requiring a

  6         report; providing for the expiration of the

  7         task force; providing an appropriation;

  8         providing an effective date.

  9

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

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12         Section 1.  (1)  There is created the Task Force on the

13  Availability and Affordability of Long-term Care, to study

14  issues related to the provision of long-term care to the

15  elderly in nursing homes and alternatives to nursing homes,

16  and to make recommendations to the Governor and the

17  Legislature. The task force shall, at a minimum, study and

18  make recommendations concerning the following:

19         (a)  The availability of alternative housing and care

20  settings for the elderly, including the use of public housing

21  facilities, assisted living facilities, and adult family care

22  homes.

23         (b)  The availability of community-based care

24  arrangements that support elderly individuals to age in place

25  in their own homes and in alternative housing and care

26  settings.

27         (c)  The adequacy of reimbursements for the cost of

28  providing care to the elderly in nursing homes and in

29  alternative housing and care settings.

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    Florida Senate - 2000                                  SB 1222
    26-938-00




  1         (d)  The availability and affordability of

  2  long-term-care insurance coverage and the potential for

  3  funding long-term care through such coverage.

  4         (e)  The role of the certificate-of-need process in the

  5  development of systems of long-term care for the elderly.

  6         (f)  The extent to which the quality of care in

  7  long-term-care facilities in this state is compromised because

  8  of market changes that affect the financial stability of the

  9  long-term-care industry.

10         (g)  The effect of lawsuits against nursing homes on

11  the cost of nursing home care and on the financial stability

12  of the nursing home industry in the state.

13         (h)  The kinds of incidents that lead to the filing of

14  lawsuits and the extent to which frivolous lawsuits are filed.

15         (i)  The cost of liability insurance coverage for

16  long-term-care providers and the extent to which such costs

17  affect the affordability of care.

18         (j)  The availability of liability insurance coverage

19  for long-term-care providers through Florida insurance

20  companies.

21         (2)  The task force shall be composed of 13 members, as

22  follows:

23         (a)  The Lieutenant Governor, who shall serve as chair

24  of the task force.

25         (b)  The Secretary of Elderly Affairs.

26         (c)  The director of the state Medicaid program.

27         (d)  The Chief of Health Facility Compliance in the

28  Agency for Health Care Administration.

29         (e)  The State Long-Term Care Ombudsman.

30         (f)  A member of The Florida Bar, appointed by The

31  Florida Bar.

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    Florida Senate - 2000                                  SB 1222
    26-938-00




  1         (g)  A representative of the Florida Assisted Living

  2  Association, appointed by the association.

  3         (h)  A representative of the Florida Health Care

  4  Association, appointed by the association.

  5         (i)  A representative of the Florida Association of

  6  Homes for the Aging, appointed by the association.

  7         (j)  A representative of the insurance industry who has

  8  experience in the insurance markets affecting long-term care,

  9  appointed by the Governor in consultation with the President

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

11         (k)  A member to represent public housing authorities,

12  appointed by the Secretary of Community Affairs.

13         (l)  A representative of the American Association of

14  Retired Persons, appointed by the association.

15         (m)  An investment banker who has experience in

16  long-term-care economics, appointed by the Governor in

17  consultation with the President of the Senate and the Speaker

18  of the House of Representatives.

19         (3)  The task force shall conduct research, hold public

20  meetings, receive testimony, employ consultants, and undertake

21  other activities determined by its members to be necessary to

22  complete its responsibilities.

23         (4)  The members of the task force may not delegate

24  their attendance or voting power to designees.

25         (5)  The task force shall be located at the University

26  of South Florida for administrative purposes. The Florida

27  Policy Exchange Center on Aging at the University of South

28  Florida shall provide staff and support services to the task

29  force. Members of the task force shall serve without

30  compensation, but are entitled to receive reimbursement for

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    Florida Senate - 2000                                  SB 1222
    26-938-00




  1  travel and per diem as provided in section 112.061, Florida

  2  Statutes.

  3         (6)  The appointments to the task force must be

  4  completed within 2 weeks after the effective date of this act,

  5  and the task force must hold its initial meeting within 1

  6  month after the effective date of this act.  The task force

  7  shall submit a report containing its recommendations by

  8  January 1, 2001, to the Governor, the President of the Senate,

  9  and the Speaker of the House of Representatives. The task

10  force shall expire on March 1, 2001.

11         Section 2.  For the 2000-2001 fiscal year, the

12  nonrecurring sum of $250,000 is appropriated from the General

13  Revenue Fund to the University of South Florida for the

14  purposes of implementing this act.

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

16  law.

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19                          SENATE SUMMARY

20    Creates the Task Force on the Availability and
      Affordability of Long-term Care. Provides for the
21    membership, duties, and staffing of the task force.
      Provides an appropriation.
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