Senate Bill 1222c1

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    Florida Senate - 2000                           CS for SB 1222

    By the Committee on Fiscal Policy and Senator McKay





    309-1736-00

  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 rent-subsidized

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                           CS for SB 1222
    309-1736-00




  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         (k)  The primary causes for recent bankruptcies facing

22  the nursing home industry.

23         (l)  The additional costs to Medicaid, Medicare, and

24  the family when a patient suffering from a preventable

25  condition has to be admitted to a hospital.

26         (m)  The ways in which other states have promoted the

27  development of alternative and homebased care and what they

28  have learned from these innovations.

29         (n)  The difference between the quality of care

30  provided by for-profit skilled nursing facilities and by

31  not-for-profit skilled nursing facilities.

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    Florida Senate - 2000                           CS for SB 1222
    309-1736-00




  1         (2)  The task force shall be composed of 11 members, as

  2  follows:

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

  4  of the task force.

  5         (b)  The Secretary of Elderly Affairs.

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

  7         (d)  A member of The Florida Bar, whose practice is

  8  primarily elder law, appointed by The Florida Bar.

  9         (e)  A representative of the Florida Assisted Living

10  Association, appointed by the association.

11         (f)  A representative of the Florida Association of

12  Homes for the Aging, appointed by the association.

13         (g)  A representative of the insurance industry who has

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

15  appointed by the Governor in consultation with the President

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

17         (h)  A member to represent private sponsors of housing

18  for the elderly financed through the United States Department

19  of Housing and Urban Development, appointed by the Secretary

20  of Elderly Affairs.

21         (i)  An investment banker who has experience in

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

23  consultation with the President of the Senate and the Speaker

24  of the House of Representatives.

25         (j)  An academic gerontologist appointed by the

26  Chancellor of the State University System.

27         (k)  A physician whose specialty is geriatrics and who

28  is experienced in treating people with memory-related

29  disorders, appointed by the Florida Medical Association.

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

31  meetings, receive testimony, employ consultants, and undertake

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    Florida Senate - 2000                           CS for SB 1222
    309-1736-00




  1  other activities determined by its members to be necessary to

  2  complete its responsibilities.

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

  4  their attendance or voting power to designees.

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

  6  of South Florida for administrative purposes. The Florida

  7  Policy Exchange Center on Aging at the University of South

  8  Florida shall provide staff and support services to the task

  9  force. Members of the task force shall serve without

10  compensation, but are entitled to receive reimbursement for

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

12  Statutes.

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

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

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

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

17  shall submit a report containing its recommendations by

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

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

20  force shall expire on March 1, 2001.

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

22  nonrecurring sum of $200,000 is appropriated from the General

23  Revenue Fund to the University of South Florida for the

24  purposes of implementing this act.

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

26  law.

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    Florida Senate - 2000                           CS for SB 1222
    309-1736-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1222

  3

  4  Deletes "public housing" as an available alternative housing
    setting and replaces with "rent subsidized".
  5
    Adds the following to the list of items that the task force
  6  will study and make recommendations on: 1) the cause for
    bankruptcies facing nursing homes, 2) the additional
  7  hospitalization cost when a patient is admitted for a
    preventable condition, 3) information on alternative care from
  8  other states, and 4) the difference in the quality of care
    provided between for-profit and not-for-profit skilled nursing
  9  facilities.

10  Decreases the task force membership from 13 to 11 and revises
    the composition as follows: deletes the Chief of Health
11  Facility Compliance in Agency for Health Care Administration,
    the State Long-Term Care Ombudsman, the representatives of the
12  Florida Health Care Association, the public housing
    authorities, and the American Association of Retired Persons;
13  adds a representative of private sponsors of housing appointed
    by Department of Elder Affairs, an academic gerontologist
14  appointed by the State University System, and a geriatric
    physician appointed by the Florida Medical Association.
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    Reduces the non-recurring general revenue appropriation for
16  the study from $250,000 to $200,000.

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