Senate Bill 1222e1

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    CS for SB 1222                           First Engrossed (ntc)



  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.

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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 role of family members in caring for elderly

28  relatives and ways in which quality family care can be

29  encouraged.

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    CS for SB 1222                           First Engrossed (ntc)



  1         (d)  The adequacy of reimbursements for the cost of

  2  providing care to the elderly in nursing homes and in

  3  alternative housing and care settings.

  4         (e)  The availability and affordability of

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

  6  funding long-term care through such coverage.

  7         (f)  The role of the certificate-of-need process in the

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

  9         (g)  The extent to which the quality of care in

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

11  of market changes that affect the financial stability of the

12  long-term-care industry.

13         (h)  The effect of lawsuits against nursing homes and

14  long-term care facilities on the cost of nursing home care and

15  on the financial stability of the nursing home industry in the

16  state.

17         (i)  The kinds of incidents that lead to the filing of

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

19         (j)  The cost of liability insurance coverage for

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

21  affect the affordability of care.

22         (k)  The availability of liability insurance coverage

23  for long-term-care providers through Florida insurance

24  companies.

25         (l)  The primary causes for recent bankruptcies facing

26  the nursing home industry.

27         (m)  The additional costs to Medicaid, Medicare, and

28  the family when a patient suffering from a preventable

29  condition has to be admitted to a hospital.

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    CS for SB 1222                           First Engrossed (ntc)



  1         (n)  The ways in which other states have promoted the

  2  development of alternative and homebased care and what they

  3  have learned from these innovations.

  4         (o)  The difference between the quality of care

  5  provided by for-profit skilled nursing facilities and by

  6  not-for-profit skilled nursing facilities.

  7         (2)  The task force shall be composed of 15 members, as

  8  follows:

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

10  of the task force.

11         (b)  The Secretary of Elderly Affairs.

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

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

14  primarily elder law, appointed by The Florida Bar.

15         (e)  A representative of the Florida Assisted Living

16  Association, appointed by the association.

17         (f)  A representative of the Florida Association of

18  Homes for the Aging, appointed by the association.

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

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

21  appointed by the Governor in consultation with the President

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

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

24  for the elderly financed through the United States Department

25  of Housing and Urban Development, appointed by the Secretary

26  of Elderly Affairs.

27         (i)  An investment banker who has experience in

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

29  consultation with the President of the Senate and the Speaker

30  of the House of Representatives.

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    CS for SB 1222                           First Engrossed (ntc)



  1         (j)  An academic gerontologist appointed by the

  2  Chancellor of the State University System.

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

  4  is experienced in treating people with memory-related

  5  disorders, appointed by the Florida Medical Association.

  6         (l)  A member of a Florida chapter of the American

  7  Association of Retired Persons who has experience

  8  administering a long-term care facility, appointed by the

  9  Governor in consultation with the President of the Senate and

10  the Speaker of the House of Representatives.

11         (m)  An individual who has experience with periodic

12  review of nursing homes and other long-term care facilities,

13  appointed by the Attorney General.

14         (n)  A representative of the Florida Health Care

15  Association, appointed by the association.

16         (o)  A local volunteer long-term care ombudsman with at

17  least two years of experience in assisting residents of

18  nursing homes and assisted living facilities, appointed by the

19  State Long-term Care Ombudsman.

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

21  meetings, receive testimony, employ consultants, and undertake

22  other activities determined by its members to be necessary to

23  complete its responsibilities.

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

25  their attendance or voting power to designees.

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

27  of South Florida for administrative purposes. The Florida

28  Policy Exchange Center on Aging at the University of South

29  Florida shall provide staff and support services to the task

30  force. Members of the task force shall serve without

31  compensation, but are entitled to receive reimbursement for


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    CS for SB 1222                           First Engrossed (ntc)



  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 30 days after the effective date of this act,

  5  and the task force must hold its initial meeting within 45

  6  days 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

10  recommendations of the task force must include proposed

11  legislation. The task force shall expire on March 1, 2001.

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

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

14  Revenue Fund to the University of South Florida for the

15  purposes of implementing this act.

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

17  law.

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