House Bill 1865
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Florida House of Representatives - 2000 HB 1865
By Representative Fiorentino
1 A bill to be entitled
2 An act relating to elderly affairs; amending s.
3 20.41, F.S.; revising organization and duties
4 of the Department of Elderly Affairs; amending
5 ss. 110.501 and 408.036, F.S.; correcting cross
6 references; amending s. 400.404, F.S.; revising
7 exemptions for licensure as an assisted living
8 facility; amending s. 400.618, F.S.; revising
9 exemptions from licensure as an adult
10 family-care home; amending s. 409.904, F.S.;
11 requiring the Agency for Health Care
12 Administration to assign to the Department of
13 Elderly Affairs, through interagency agreement,
14 certain responsibilities under the Medicaid
15 program; renumbering and amending s. 410.502,
16 F.S., relating to housing and living
17 arrangements for elderly persons; amending s.
18 430.01, F.S., relating to short title of ch.
19 430, F.S.; creating s. 430.016, F.S.; providing
20 for release of confidential information to
21 governmental entities or parties contracting
22 with the department; amending s. 430.03, F.S.;
23 revising purposes of the department; creating
24 s. 430.035, F.S.; providing definitions;
25 creating s. 430.045, F.S.; authorizing the
26 Department of Elderly Affairs to secure
27 patents, copyrights, and trademarks; providing
28 for deposit and use of certain proceeds;
29 amending s. 430.05, F.S., relating to the
30 Department of Elderly Affairs Advisory Council;
31 creating s. 430.065, F.S.; providing for
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1 designation of area agencies on aging;
2 providing for operation; providing conditions
3 for rescinding a designation; providing for
4 open records and meetings; requiring the
5 department to adopt rules; amending s. 430.07,
6 F.S.; establishing a statewide program for the
7 use of volunteers to provide services to
8 elderly persons; providing program
9 responsibilities; requiring the department to
10 adopt certain rules; abolishing the Office of
11 Volunteer Community Service; amending s.
12 430.071, F.S.; revising provisions relating to
13 the "Respite for Elders Living in Everyday
14 Families" (RELIEF) program; requiring the
15 department to adopt certain rules; amending s.
16 430.202, F.S.; revising legislative intent for
17 the community care for the elderly program;
18 amending s. 430.205, F.S.; providing program
19 organization, guidelines, and service
20 requirements; requiring the department to adopt
21 certain rules; creating s. 430.2055, F.S.;
22 providing for community care for the elderly
23 service contracts and copayments; providing for
24 funding and restricting use of certain funds;
25 requiring the department to adopt rules;
26 amending s. 430.206, F.S.; providing for
27 establishment and functions of multiservice
28 senior centers; providing for reversion of
29 state funds; requiring notice to the department
30 prior to sale of a center; amending s. 430.207,
31 F.S., relating to confidentiality of
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1 information; amending s. 430.41, F.S.; revising
2 provisions relating to the department's Grants
3 and Donations Trust Fund; creating s. 430.43,
4 F.S.; providing for time-limited project,
5 grant, or trust fund personnel; creating s.
6 430.5011, F.S.; providing a short title;
7 renumbering and amending s. 430.501, F.S.;
8 revising provisions relating to the Alzheimer's
9 Disease Advisory Committee; amending s.
10 430.502, F.S.; revising provisions relating to
11 establishment of memory disorder clinics;
12 providing rulemaking authority; amending s.
13 430.503, F.S.; providing for copayments for
14 certain services; amending s. 430.504, F.S.,
15 relating to confidentiality of information;
16 amending ss. 430.601, 430.603, 430.604, and
17 430.605, F.S.; revising provisions relating to
18 home care for the elderly and subsidies
19 therefor; expanding rulemaking authority of the
20 department; amending ss. 430.701, 430.702,
21 430.703, 430.705, and 430.707, F.S.; revising
22 provisions relating to the "Long-Term Care
23 Community Diversion Pilot Project Act";
24 providing additional requirements for
25 implementation of projects and contracts with
26 managed care organizations to provide care;
27 repealing ss. 430.02 and 430.04, F.S., relating
28 to legislative intent and duties and
29 responsibilities of the Department of Elderly
30 Affairs; repealing s. 430.101, F.S., relating
31 to administration of federal aging programs;
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1 repealing ss. 430.203 and 430.204, F.S.,
2 relating to definitions, core services, and
3 duties of the department under the community
4 care for the elderly program; repealing s.
5 430.602, F.S., relating to definitions under
6 the home care for the elderly program;
7 repealing ss. 430.704 and 430.706, F.S.,
8 relating to evaluation of long-term care
9 through community diversion pilot projects, and
10 quality of care standards for such pilot
11 projects; repealing s. 430.710, F.S., relating
12 to the long-term care interagency advisory
13 council; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 20.41, Florida Statutes, is amended
18 to read:
19 20.41 Department of Elderly Affairs.--There is created
20 a Department of Elderly Affairs.
21 (1) The head of the department is the Secretary of
22 Elderly Affairs. The secretary must be appointed by the
23 Governor, subject to confirmation by the Senate. The
24 requirement for Senate confirmation applies to any person so
25 appointed on or after July 1, 1994. The secretary serves at
26 the pleasure of the Governor. The secretary shall administer
27 the affairs of the department and may employ assistants,
28 professional staff, and other employees as necessary to
29 discharge the powers and duties of the department.
30
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1 (2) The department shall plan and administer its
2 programs and services through planning and service areas as
3 designated by the department by rule.
4 (3) The department shall maintain its headquarters in
5 Tallahassee.
6 (3)(4) The department shall, in accordance with s. 712
7 of Pub. L. No. 89-73, the federal Older Americans Act of 1965,
8 as amended, established and operate administratively house the
9 Office of State Long-Term Care Ombudsman Council, as created
10 under part I of chapter 400. by s. 400.0067, and the district
11 long-term care ombudsman councils, created by s. 400.0069 and
12 shall, as required by s. 712 of the federal Older Americans
13 Act of 1965, ensure that both the state and district long-term
14 care ombudsman councils operate in compliance with the Older
15 Americans Act. The councils in performance of their duties
16 shall not be subject to control, supervision, or direction by
17 the department.
18 (4)(5) The department shall be the designated state
19 agency unit on aging in accordance with s. 305 of Pub. L. No.
20 89-73, as defined in the federal Older Americans Act of 1965,
21 as amended, and shall exercise all responsibilities pursuant
22 to that act, including:
23 (a) Developing and administering a state plan pursuant
24 to the provisions of ss. 307 and 308 of that act.
25 (b) Receiving and distributing all funds appropriated
26 through the act in accordance with a formula developed by the
27 department.
28 (c) Being primarily responsible for the planning,
29 policy development, administration, coordination, priority
30 setting, and evaluation of all state activities related to the
31 objectives of that act.
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1 (6) In accordance with the federal Older Americans Act
2 of 1965, as amended, the department shall designate and
3 contract with area agencies on aging in each of the
4 department's planning and service areas. Area agencies on
5 aging shall ensure a coordinated and integrated provision of
6 long-term care services to the elderly and shall ensure the
7 provision of prevention and early intervention services. The
8 department shall have overall responsibility for information
9 system planning. The department shall ensure, through the
10 development of equipment, software, data, and connectivity
11 standards, the ability to share and integrate information
12 collected and reported by the area agencies in support of
13 their contracted obligations to the state.
14 (7) The department shall contract with the governing
15 body, hereafter referred to as the "board," of an area agency
16 on aging to fulfill programmatic and funding requirements.
17 The board shall be responsible for the overall direction of
18 the agency's programs and services and shall ensure that the
19 agency is administered in accordance with the terms of its
20 contract with the department, legal requirements, established
21 agency policy, and effective management principles. The board
22 shall also ensure the accountability of the agency to the
23 local communities included in the planning and service area of
24 the agency.
25 (8) The area agency on aging board shall, in
26 consultation with the secretary, appoint a chief executive
27 officer, hereafter referred to as the "executive director," to
28 whom shall be delegated responsibility for agency management
29 and for implementation of board policy, and who shall be
30 accountable for the agency's performance.
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1 (9) Area agencies on aging are subject to chapter 119,
2 relating to public records, and, when considering any
3 contracts requiring the expenditure of funds, are subject to
4 ss. 286.011-286.012, relating to public meetings.
5 Section 2. Subsection (1) of section 110.501, Florida
6 Statutes, is amended to read:
7 110.501 Definitions.--As used in this act:
8 (1) "Volunteer" means any person who, of his or her
9 own free will, provides goods or services, or conveys an
10 interest in or otherwise consents to the use of real property
11 pursuant to ss. 260.011-260.018, to any state department or
12 agency, or nonprofit organization, with no monetary or
13 material compensation. A person registered and serving in
14 Older American Volunteer Programs authorized by the Domestic
15 Volunteer Service Act of 1973, as amended (Pub. L. No.
16 93-113), shall also be defined as a volunteer and shall incur
17 no civil liability as provided by s. 768.1355. A volunteer
18 shall be eligible for payment of volunteer benefits as
19 specified in Pub. L. No. 93-113 and, this section, and s.
20 430.204.
21 Section 3. Paragraph (h) of subsection (3) of section
22 408.036, Florida Statutes, is amended to read:
23 408.036 Projects subject to review.--
24 (3) EXEMPTIONS.--Upon request, supported by such
25 documentation as the agency requires, the agency shall grant
26 an exemption from the provisions of subsection (1):
27 (h) For the establishment of a Medicare-certified home
28 health agency by a facility certified under chapter 651; a
29 retirement community, as defined in s. 400.404(9)(2)(g); or a
30 residential facility that serves only retired military
31 personnel, their dependents, and the surviving dependents of
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1 deceased military personnel. Medicare-reimbursed home health
2 services provided through such agency shall be offered
3 exclusively to residents of the facility or retirement
4 community or to residents of facilities or retirement
5 communities owned, operated, or managed by the same corporate
6 entity. Each visit made to deliver Medicare-reimbursable home
7 health services to a home health patient who, at the time of
8 service, is not a resident of the facility or retirement
9 community shall be a deceptive and unfair trade practice and
10 constitutes a violation of ss. 501.201-501.213.
11
12 A request for exemption under this subsection may be made at
13 any time and is not subject to the batching requirements of
14 this section.
15 Section 4. Section 400.404, Florida Statutes, is
16 amended to read:
17 400.404 Facilities to be licensed; Exemptions from
18 licensure.--
19 (1) For the administration of this part, facilities to
20 be licensed by the agency shall include all assisted living
21 facilities as defined in this part.
22 (2) The following are exempt from licensure under this
23 part:
24 (1)(a) Any facility, institution, or other place
25 operated by the Federal Government or any agency of the
26 Federal Government.
27 (2)(b) Any facility or part of a facility licensed
28 under chapter 393 or chapter 394.
29 (3)(c) Any facility licensed as an adult family-care
30 home under part VII.
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1 (4)(d) Any person who provides housing, meals, and one
2 or more personal services on a 24-hour basis in the person's
3 own home to not more than two adults who do not receive
4 optional state supplementation. The person who provides the
5 housing, meals, and personal services must own or rent the
6 home and live in the home reside therein.
7 (5) An arrangement whereby a person is receiving a
8 subsidy for providing home care to an elderly person pursuant
9 to s. 430.603, the home care for the elderly program.
10 (6)(e) Any home or facility approved by the United
11 States Department of Veterans Affairs as a residential care
12 home wherein care is provided exclusively to three or fewer
13 veterans.
14 (7)(f) Any facility that has been incorporated in this
15 state for 50 years or more on or before July 1, 1983, and is
16 governed by a the board of directors of which is nominated or
17 elected by the residents, until such time as the facility is
18 sold or its ownership is transferred.; or
19 (8) Any facility, with improvements or additions
20 thereto, which has existed and operated continuously in this
21 state for 60 years or more on or before July 1, 1989, is
22 directly or indirectly owned and operated by a nationally
23 recognized fraternal organization, is not open to the public,
24 and accepts only its own members and their spouses as
25 residents.
26 (9)(g) Any facility certified under chapter 651, or a
27 retirement community, may provide services authorized under
28 this part or part IV of this chapter to its residents who live
29 in single-family homes, duplexes, quadruplexes, or apartments
30 located on the campus without obtaining a license to operate
31 an assisted living facility if residential units within such
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1 buildings are used by residents who do not require staff
2 supervision for that portion of the day when personal services
3 are not being delivered and the owner obtains a home health
4 license to provide such services. However, any building or
5 distinct part of a building on the campus that is designated
6 for persons who receive personal services and require
7 supervision beyond that which is available while such services
8 are being rendered must be licensed in accordance with this
9 part. If a facility provides personal services to residents
10 who do not otherwise require supervision and the owner is not
11 licensed as a home health agency, the buildings or distinct
12 parts of buildings where such services are rendered must be
13 licensed under this part. A resident of a facility that has
14 obtained obtains a home health license may contract with a
15 licensed home health agency of his or her choice, provided
16 that the home health agency provides liability insurance and
17 workers' compensation coverage for its employees. Facilities
18 covered by this exemption may establish policies that give
19 residents the option of contracting for services and care
20 beyond that which is provided by the facility to enable them
21 to age in place. For purposes of this section, a retirement
22 community consists of a facility licensed under this part or
23 under part II, and apartments designed for independent living
24 located on the same campus.
25 (10)(h) Any residential unit for independent living
26 which is located within a facility certified under chapter
27 651, or any residential unit which is colocated with a nursing
28 home licensed under part II or colocated with a facility
29 licensed under this part in which services are provided
30 through an outpatient clinic or a nursing home on an
31 outpatient basis.
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1 Section 5. Subsection (2) of section 400.618, Florida
2 Statutes, is amended to read:
3 400.618 Definitions.--As used in this part, the term:
4 (2) "Adult family-care home" means a full-time,
5 family-type living arrangement, in a private home, under which
6 a person who owns or rents the home provides room, board, and
7 personal care, on a 24-hour basis, for no more than five
8 disabled adults or frail elders who are not relatives. The
9 following family-type living arrangements are not required to
10 be licensed as an adult family-care home:
11 (a) An arrangement whereby the person who owns or
12 rents the home provides room, board, and personal services for
13 not more than two adults who do not receive optional state
14 supplementation under s. 409.212, and does not hold the home
15 out to the public to be an adult family-care home. The person
16 who provides the housing, meals, and personal care must own or
17 rent and live in the home and reside therein.
18 (b) An arrangement whereby the person who owns or
19 rents the home provides room, board, and personal services
20 only to his or her relatives.
21 (b)(c) An establishment that is licensed as an
22 assisted living facility under part III.
23 (c) An arrangement whereby a person is receiving a
24 subsidy for providing home care to an elderly person pursuant
25 to s. 430.603, the home care for the elderly program.
26 Section 6. Section 409.904, Florida Statutes, is
27 amended to read:
28 409.904 Optional payments for eligible persons.--
29 (1) The agency may make payments for medical
30 assistance and related services on behalf of the following
31 persons who are determined to be eligible subject to the
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1 income, assets, and categorical eligibility tests set forth in
2 federal and state law. Payment on behalf of these Medicaid
3 eligible persons is subject to the availability of moneys and
4 any limitations established by the General Appropriations Act
5 or chapter 216.
6 (a)(1) A person who is age 65 or older or is
7 determined to be disabled, whose income is at or below 100
8 percent of federal poverty level, and whose assets do not
9 exceed established limitations.
10 (b)(2) A family, a pregnant woman, a child under age
11 18, a person age 65 or over, or a blind or disabled person who
12 would be eligible under any group listed in s. 409.903(1),
13 (2), or (3), except that the income or assets of such family
14 or person exceed established limitations. For a family or
15 person in this group, medical expenses are deductible from
16 income in accordance with federal requirements in order to
17 make a determination of eligibility. A family or person in
18 this group, which group is known as the "medically needy," is
19 eligible to receive the same services as other Medicaid
20 recipients, with the exception of services in skilled nursing
21 facilities and intermediate care facilities for the
22 developmentally disabled.
23 (c)(3) A person who is in need of the services of a
24 licensed nursing facility, a licensed intermediate care
25 facility for the developmentally disabled, or a state mental
26 hospital, whose income does not exceed 300 percent of the SSI
27 income standard, and who meets the assets standards
28 established under federal and state law.
29 (d)(4) A low-income person who meets all other
30 requirements for Medicaid eligibility except citizenship and
31 who is in need of emergency medical services. The eligibility
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1 of such a recipient is limited to the period of the emergency,
2 in accordance with federal regulations.
3 (e)(5) Subject to specific federal authorization, a
4 postpartum woman living in a family that has an income that is
5 at or below 185 percent of the most current federal poverty
6 level is eligible for family planning services as specified in
7 s. 409.905(3) for a period of up to 24 months following a
8 pregnancy for which Medicaid paid for pregnancy-related
9 services.
10 (f)(6) A child born before October 1, 1983, living in
11 a family that has an income which is at or below 100 percent
12 of the current federal poverty level, who has attained the age
13 of 6, but has not attained the age of 19, and who would be
14 eligible in s. 409.903(6), if the child had been born on or
15 after such date. In determining the eligibility of such a
16 child, an assets test is not required.
17 (g)(7) A child who has not attained the age of 19 who
18 has been determined eligible for the Medicaid program is
19 deemed to be eligible for a total of 6 months, regardless of
20 changes in circumstances other than attainment of the maximum
21 age. Effective January 1, 1999, a child who has not attained
22 the age of 5 and who has been determined eligible for the
23 Medicaid program is deemed to be eligible for a total of 12
24 months regardless of changes in circumstances other than
25 attainment of the maximum age.
26 (2) The agency, through interagency agreement, shall
27 assign to the Department of Elderly Affairs responsibility for
28 nursing home preadmission screening established to control the
29 utilization of Medicaid institutional care pursuant to ss.
30 1902 and 1903 of Title XIX of the Social Security Act, and for
31 the administration of the Assisted Living for the Elderly
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1 Medicaid Waiver, the Aged-Disabled Adult Home and Community
2 Based Medicaid Waiver, and the Consumer Directed Care Medicaid
3 Waiver for the Elderly.
4 Section 7. Section 410.502, Florida Statutes, is
5 renumbered as section 430.075, Florida Statutes, and amended
6 to read:
7 430.075 410.502 Housing and living arrangements;
8 special needs of the elderly; services.--The department of
9 Elderly Affairs shall provide services related to housing and
10 living arrangements which meet the special needs of the
11 elderly. Such services shall include, but not be limited to:
12 (1) Providing counseling concerning housing problems
13 and alternate living arrangements when appropriate to the
14 individual's needs.
15 (2) Coordinating with the Department of Community
16 Affairs to collect gather and maintain data on living
17 arrangements which meet the special needs of the elderly and
18 to disseminate such information to the public. Such
19 information shall include types of facilities, cost of care,
20 services provided, and possible sources of assistance help in
21 meeting the cost of care for indigent individuals.
22 (3) Promoting, through the department of Elderly
23 Affairs staff activities and area agencies on aging, the
24 development of a variety of living arrangements through public
25 and private auspices to meet the various needs and desires of
26 the elderly, including, but not limited to:
27 (a) Adult family-care Foster homes.
28 (b) Assisted living facilities.
29 (c) Homes for special services.
30 (d) Shared housing or other such group living
31 arrangements for independent living.
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1 (e) Continuing care facilities which offer all levels
2 of care, including independent living units, personal care,
3 home health care supports, assisted living, and skilled
4 nursing home care.
5 (f) Retirement communities for independent communal
6 living, to be developed in conjunction with the Department of
7 Community Affairs.
8 (g) Other innovative living arrangements.
9
10 Demonstration projects must be used advisedly to test the
11 extent to which these and other innovative housing and living
12 arrangements do meet the basic and special needs of the
13 elderly.
14 Section 8. Section 430.01, Florida Statutes, is
15 amended to read:
16 430.01 Short title.--This chapter may be cited as the
17 "Department of Elderly Affairs Act," or the "Pepper Act" as a
18 memorial to Congressman Claude Denson Pepper. The department
19 is also known as the Department of Elder Affairs.
20 Section 9. Section 430.016, Florida Statutes, is
21 created to read:
22 430.016 Confidential information; other state
23 agencies.--Information held by the department which is
24 confidential and exempt from the provisions of s. 119.07(1)
25 and s. 24(a), Art. I of the State Constitution may be released
26 to other governmental entities or to parties contracting with
27 the department to perform departmental duties. The receiving
28 governmental entity or party shall retain the confidentiality
29 of such information as provided by law.
30 Section 10. Section 430.03, Florida Statutes, is
31 amended to read:
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1 430.03 Purposes.--The mission purposes of the
2 Department of Elderly Affairs is are to advocate for and serve
3 Florida's elders; promote and implement long-term care
4 policies and procedures that are elder-friendly; and plan,
5 coordinate, administer, and initiate programs and services
6 that empower elders and their caregivers to age in place, with
7 dignity, security, and purpose, and in an elder-friendly
8 environment. In order to achieve this purpose, the department
9 shall:
10 (1) Advise, assist, protect, and advocate for the
11 state's elderly residents.
12 (2)(1) Serve as the primary state agency responsible
13 for administering human services programs for elder persons in
14 this state, the elderly and for developing policy
15 recommendations and programs for long-term care, and for
16 evaluating and promulgating regulatory policy for long-term
17 care facilities and the provision of long-term care services.
18 (3)(2) Combat ageism and create public awareness and
19 understanding of the potentials, and needs, and diversity of
20 the elderly, and provide opportunities for personal
21 development and achievement, and employment, of persons age 60
22 years and older persons.
23 (4)(3) Develop, arrange, oversee, and conduct research
24 in the field of aging, and promote and implement a variety of
25 pilot programs that demonstrate innovative methods for meeting
26 the needs of elderly residents. Research activities may
27 include contracting with academic institutions and other
28 research organizations, development of educational and
29 training curricula, research related to medical issues
30 affecting the elderly, including Alzheimer's disease, analysis
31 of long-term care and other supportive service needs,
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1 development of new services and service delivery system
2 models, development of designs and adaptive innovations
3 relating to modified living environments, including the use of
4 assistive devices, and evaluation of pilot programs serving
5 elders. Study and plan for programs and services to meet
6 identified and projected needs and to provide opportunities
7 for personal development and achievement of persons aged 60
8 years and older.
9 (4) Advocate quality programs and services for the
10 state's elderly population and on behalf of the individual
11 citizen's needs.
12 (5) Coordinate interdepartmental policy development
13 and program planning for all state agencies that provide
14 services for the state's elderly population in order to
15 prevent duplicative efforts, to maximize utilization of
16 resources, and to optimize ensure cooperation, communication,
17 and departmental linkages.
18 (6) Recommend state and community-based local level
19 organizational models for the planning, coordination,
20 implementation, and evaluation of programs serving the elderly
21 population, emphasizing initiatives which seek to coordinate
22 and integrate the continuum-of-care needs of the elderly.
23 (7) Oversee implementation of federally funded and
24 state-funded programs and services for the state's elderly
25 population.
26 (8) Review and comment upon state plans, budgets, and
27 policies which affect older individuals and provide technical
28 assistance to any agency, organization, association, or person
29 representing the needs of older individuals.
30 (9)(8) Promote more effective use of existing
31 resources and available services, and develop and recommend
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1 cost-effective legislative budget requests for programs and
2 services for the state's elderly population.
3 (10)(9) Serve as a state-level information
4 clearinghouse, and encourage and assist in the development of
5 community-based local-level identifiable points of information
6 and referral sources regarding all federal, state, and local
7 resources providing of assistance to elderly residents
8 citizens.
9 (11)(10) Assist elderly persons to secure needed
10 services in accordance with personal choice and in a manner
11 that achieves or maintains autonomy and prevents, reduces, or
12 eliminates dependency.
13 (12)(11) Promote the maintenance and improvement of
14 the physical well-being and mental health of elderly persons.
15 (13)(12) Encourage and enlist the services of
16 volunteers to provide assistance and services to elders, and
17 promote opportunities for volunteerism among the elderly
18 population.
19 (14)(13) Promote the prevention of neglect, abuse, or
20 exploitation of elderly persons unable to protect their own
21 interests.
22 (15)(14) Reduce eliminate and prevent inappropriate
23 institutionalization of elderly persons by promoting
24 community-based care, home-based care, self-care, or other
25 forms of less intensive care.
26 (16)(15) Support and promote the efforts Aid in the
27 support of families and other caregivers of elderly persons.
28 (17)(16) Promote activities that provide opportunities
29 for persons of all ages and ethnic and cultural backgrounds to
30 benefit from intergenerational relationships that promote
31 unity, support, and respect for one another.
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1 (18)(17) Establish and maintain a management
2 information system which facilitates the collection,
3 integration, and dissemination of data collected by the
4 department and its contractees relevant to aging programs and
5 elder issues. Oversee aging research conducted or funded by
6 any state agency to ensure that such activities are
7 coordinated and directed to fulfill the intent and purposes of
8 this act.
9 (19) Participate in efforts to promote the highest
10 quality of compassionate, culturally competent, and adequate
11 end-of-life care that is responsive to the individual wishes
12 and needs of patients and their caregivers.
13 (20) Develop and establish self-directed care programs
14 which encourage and provide opportunities for the elderly and
15 their caregivers to choose their service providers whenever
16 possible.
17 (21) Develop mechanisms and promote programs which
18 offer a comprehensive, structurally integrated system of
19 assessment for determining eligibility and level of care for
20 supportive, community-based, long-term care services.
21 (22) Contract with public or private entities for the
22 planning and provision of services to the elderly, or directly
23 administer such programs, whichever is determined to be the
24 most efficient and cost-effective and maximizes consumer
25 choice.
26 (23) Develop and implement training programs and other
27 educational opportunities for caregivers and providers of
28 elder care services.
29 (24) Encourage and actively solicit contributions and
30 grants from private, state, local, and federal resources for
31
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1 the purpose of developing, promoting, and implementing
2 innovative programs serving the elderly.
3 (25) Promote the development of public-private
4 partnerships for the purpose of maximizing resources and
5 consumer choice in the selection of service providers and
6 programs serving the elderly.
7 (26) Hold public meetings throughout the state for
8 purposes of receiving public input and creating opportunities
9 for articulating issues of public concern relating to the
10 elderly and their caregivers, and which provide feedback on
11 the relevance and effectiveness of the department's programs
12 and services.
13 (27) Call upon appropriate state agencies for such
14 assistance as needed in the discharge of the department's
15 duties. All agencies shall cooperate in assisting the
16 department to carry out its responsibilities as prescribed by
17 this section.
18 (28) Prepare a master plan addressing aging policies
19 and programs in this state.
20 Section 11. Section 430.035, Florida Statutes, is
21 created to read:
22 430.035 Definitions.--As used in this chapter, the
23 term:
24 (1) "Area agencies on aging" or "area agency" means a
25 public or private nonprofit agency or organization designated
26 by the department pursuant to s. 430.065. An area agency on
27 aging serves as both the advocate and the visible focal point
28 in its planning and service area for planning and fostering
29 the development of comprehensive and coordinated service
30 systems to serve elderly persons.
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1 (2) "Assessment" means an evaluation of an elder
2 person's health and physical, environmental, behavioral,
3 psychological, economic, cultural, and social conditions in
4 order to identify needs and the appropriate level of care, and
5 to develop a comprehensive care plan.
6 (3) "Care plan" means a written listing of an
7 individual's strengths, coping skills, and needs, and a
8 description of how the individual's needs will be addressed to
9 help maintain or improve the person's health and physical,
10 environmental, cultural, behavioral, psychological, economic,
11 and social well-being in the least restrictive, most
12 cost-effective, safe environment. The plan shall be based on
13 an assessment of the individual and must also address the
14 capabilities of caregivers to provide needed support and care.
15 All available resources and strategies must be considered
16 prior to the use of federal or state funds.
17 (4) "Caregiver" means a family member or other
18 individual who has responsibility for the care of an elderly
19 person, either voluntarily, by contract, by receipt of payment
20 for care, or as a result of the operation of law.
21 (5) "Case aide services" means providing, under the
22 direction of a case manager, assistance with the
23 implementation of a care plan, assistance with accessing
24 resources and services, and oversight and supervision of
25 service provider activities, and facilitating linkages with
26 service providers.
27 (6) "Case management" means implementing or
28 supervising the implementation of a care plan by mobilizing,
29 arranging, and facilitating the provision of services needed
30 to maximize an individual's physical, social, and emotional
31 well-being. Case management includes the development of
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1 formal and informal resources to assure the availability of
2 cost-effective services, advocacy, and monitoring, evaluating,
3 and adjusting services and service delivery, on an ongoing
4 basis, to assure the continued attainment of desired outcomes.
5 (7) "Community care service area" means a designated
6 geographic area within a planning and service area which is
7 served by one or more service entities providing assessment,
8 service coordination, care planning, case management, a
9 variety of home-delivered services, day care services, and
10 other basic services to functionally impaired elderly persons.
11 Community care service areas shall be determined by the
12 department in consultation with the area agency on aging.
13 (8) "Department" means the Department of Elderly
14 Affairs as established in s. 20.41. The department shall also
15 be known as the Department of Elder Affairs.
16 (9) "Elder," "elderly person," or "older individual"
17 means any person 60 years of age or over.
18 (10) "Functionally impaired" means any person who has
19 been determined to have physical or mental limitations that
20 restrict the person's ability to perform the activities of
21 daily living and that impede the person's capacity to live
22 independently without the provision of supportive services.
23 (11) "Lead agency" means an agency selected by an area
24 agency on aging to conduct care planning and provide case
25 management or service coordination, as needed, to functionally
26 impaired elderly persons participating in a community care for
27 the elderly program, and coordinate the activities of
28 individual agencies contracting to provide community care for
29 the elderly services within a community care service area.
30
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1 (12) "Planning and service area" means a geographic
2 area designated by the department, in which the programs of
3 the department are administered and services are delivered.
4 (13) "Respite" means the provision of necessary care
5 to a functionally impaired elderly person on a temporary
6 basis, in order to allow the elderly person's caregiver to
7 leave the elderly person for a period of time.
8 (14) "Service coordination" means assisting in
9 identifying, accessing, and arranging for appropriate
10 resources and cost-effective services and followup and liaison
11 activities on behalf of service recipients, for the purpose of
12 eliminating barriers to responsive and efficient service
13 delivery, and ensuring the delivery of services on a
14 continuing and reliable basis.
15 (15) "Stipend" means an allotment of funds to enable
16 volunteers to provide services. The allotment of funds is for
17 a period of service and is not an hourly wage.
18 Section 12. Section 430.045, Florida Statutes, is
19 created to read:
20 430.045 Patents, copyrights, trademarks; notice to
21 Department of State; confidentiality of trade secrets.--
22 (1) Notwithstanding any other provision of law to the
23 contrary, the Department of Elderly Affairs is authorized, in
24 its own name, to:
25 (a) Perform all things necessary to secure letters of
26 patent, copyrights, and trademarks on any legitimately
27 acquired work products and to enforce its right therein.
28 (b) License, lease, assign, or otherwise give written
29 consent to any person, firm, or corporation for the
30 manufacture or use of any product protected by patent,
31
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1 copyright, or trademark, whether on a royalty basis or for
2 such other consideration as the department may deem proper.
3 (c) Take any action necessary, including legal action,
4 to enforce its rights under any agreement and to protect its
5 property rights from improper or unlawful use or infringement.
6 (d) Enforce the collection of any payments or other
7 obligations due the department for the manufacture or use of
8 any product by any other party.
9 (e) Sell any product, except where otherwise
10 restricted by public records laws, which the department may
11 create or cause to be created, whether or not the product is
12 protected by a department patent, copyright, or trademark, and
13 to execute all instruments necessary to consummate any such
14 sale.
15 (f) Do all other acts necessary and proper for the
16 execution of powers and duties conferred upon the department
17 in this section.
18 (2) The department shall notify the Department of
19 State in writing whenever property rights by patent,
20 copyright, or trademark are secured or exploited by the
21 department.
22 (3) Any proceeds from the sale of products or the
23 right to manufacture or use a product shall be deposited in
24 the department's Grants and Donations Trust Fund and may be
25 appropriated to finance activities of the department. The
26 department's legislative budget request should give special
27 consideration to using such funds for research and development
28 projects.
29 (4) As used in this section, the term "product"
30 includes any and all inventions, methodologies, techniques,
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1 and creations that may be properly protected by patent,
2 copyright, or trademark.
3 Section 13. Subsections (1), (2), and (3) of section
4 430.05, Florida Statutes, are amended to read:
5 430.05 Department of Elderly Affairs Advisory
6 Council.--
7 (1) There is created the Department of Elderly Affairs
8 Advisory Council which shall be located for administrative
9 purposes in the department of Elderly Affairs. It is the
10 intent of the Legislature that the advisory council shall be
11 an independent nonpartisan body and shall not be subject to
12 control, supervision, or direction by the department.
13 (2) The council shall serve in an advisory capacity to
14 the Secretary of Elderly Affairs to assist the secretary in
15 carrying out the purposes, duties, and responsibilities of the
16 department, as specified in this chapter and s. 20.41. The
17 council may make recommendations to the secretary, the
18 Governor, the Speaker of the House of Representatives, and the
19 President of the Senate regarding organizational issues and
20 additions or reductions in the department's duties and
21 responsibilities.
22 (3)(a) The advisory council shall be composed of one
23 member appointed by the Governor from each of the department's
24 state's planning and service areas, which are designated in
25 accordance with the Older Americans Act, two additional
26 members appointed by the Governor, two members appointed by
27 the President of the Senate, and two members appointed by the
28 Speaker of the House of Representatives. The members shall be
29 appointed in the following manner:
30 1. The Governor shall appoint one member from each
31 planning and service area and shall select each appointment
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1 from a list of three nominations submitted by the designated
2 area agency on aging in each planning and service area.
3 Nominations submitted by an area agency on aging shall be
4 solicited from a broad cross section of the public, private,
5 and volunteer sectors of each county in the respective
6 planning and service area. At least one of the three
7 nominations submitted by an area agency on aging shall be a
8 person 60 years of age or older.
9 2. The Governor shall appoint two additional members,
10 one of whom shall be 60 years of age or older.
11 3. The President of the Senate shall appoint two
12 members, one of whom shall be 60 years of age or older.
13 4. The Speaker of the House of Representatives shall
14 appoint two members, one of whom shall be 60 years of age or
15 older.
16 5. The Governor shall ensure that a majority of the
17 members of the advisory council shall be 60 years of age or
18 older and reflect the state's racial and cultural diversity
19 that there shall be balanced minority and gender
20 representation.
21 6. The Governor shall designate annually a member of
22 the advisory council to serve as chair.
23 7. The Secretary of Elderly Affairs shall serve as an
24 ex officio member of the advisory council.
25 (b) Members shall be appointed to 3-year staggered
26 terms. Vacancies occurring in the middle of a term shall be
27 filled only for the remainder of the term in order to maintain
28 staggered appointments. in the following manner:
29 1. In order to stagger the terms of office, one of the
30 initial appointees of the President of the Senate shall be
31 appointed to a 2-year term and one of the initial appointees
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1 of the Speaker of the House of Representatives shall be
2 appointed to a 2-year term. Additionally, one-third of the
3 total initial appointees of the Governor shall be appointed to
4 1-year terms, one-third shall be appointed to 2-year terms,
5 and one-third to 3-year terms. If the initial appointments of
6 the Governor are not of a number divisible into thirds, and
7 there results one additional appointee, that appointee shall
8 be appointed to a 2-year term. If the initial appointments of
9 the Governor are not of a number divisible into thirds, and
10 there results two additional appointees, one of the additional
11 appointees shall be appointed to a 1-year term and the other
12 appointee shall be appointed to a 2-year term.
13 2. Vacancies occurring during an appointee's initial
14 term shall be filled in the same manner as the initial
15 appointments, pursuant to subparagraph 1. After the terms
16 referred to in subparagraph 1. have expired, members shall be
17 appointed to 3-year terms.
18 Section 14. Section 430.065, Florida Statutes, is
19 created to read:
20 430.065 Area agencies on aging.--
21 (1) In accordance with Pub. L. No. 89-73, the federal
22 Older Americans Act of 1965, as amended, the department shall
23 designate area agencies on aging in each of the department's
24 planning and service areas.
25 (2) The department shall contract with the governing
26 body, hereafter referred to as the "board," of an area agency
27 on aging to fulfill programmatic and funding requirements of
28 the area agency. The board shall be responsible for the
29 overall direction of the area agency's programs and services
30 and shall ensure that the area agency is administered in
31 accordance with the terms of its contract with the department,
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1 state and federal laws, rules, and regulations, established
2 area agency policy, and cost-effective and efficient
3 management principles. The board shall also ensure the
4 accountability of the area agency to the local communities
5 included in the area agency's planning and service area.
6 (3) The area agency on aging board shall, in
7 consultation with the Secretary of Elderly Affairs, appoint a
8 chief executive officer, hereafter referred to as the
9 "executive director," to whom shall be delegated
10 responsibility for area agency management and for
11 implementation of board policy.
12 (4) The area agency shall ensure the maintenance,
13 collection, and timely reporting to the department of all
14 customer and service information provided by service providers
15 contracting with the area agency to provide services. The
16 department shall have overall responsibility for the
17 establishment and operation of a management information system
18 and shall ensure the ability to integrate and share
19 information collected and reported to the department.
20 (5) The department shall be responsible for ensuring
21 that each area agency on aging operates in a manner which
22 ensures that the elderly of this state receive the highest
23 quality services possible in the most efficient and
24 cost-effective manner. The department shall rescind
25 designation of an area agency on aging or take intermediate
26 measures against the area agency, including corrective action,
27 unannounced special monitoring, temporary assumption of
28 operation of one or more programs, placement on probationary
29 status, imposing a moratorium on area agency action, imposing
30 financial penalties for nonperformance including the
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1 withholding of funds, or other administrative action in
2 accordance with chapter 120, if the department finds that:
3 (a) An intentional or negligent act of the area agency
4 has materially affected the health, welfare, or safety of
5 elderly persons, or substantially and negatively affected the
6 operation of an aging services program;
7 (b) The area agency has committed multiple or repeated
8 violations of statutory and regulatory requirements or
9 department standards;
10 (c) The area agency has failed to adhere to the terms
11 of its contract with the department;
12 (d) The area agency lacks financial stability
13 sufficient to meet contractual obligations or that contractual
14 funds have been misappropriated;
15 (e) The area agency has exceeded budgetary allocations
16 or has permitted a service provider with whom it is
17 contracting to exceed budgetary allocations;
18 (f) The area agency has failed to expand or continue
19 the provision of services after the declaration of a state of
20 emergency; or
21 (g) The area agency has failed to implement and
22 maintain a department-approved client grievance resolution
23 procedure.
24 (6) Area agencies on aging are public entities,
25 subject to chapter 119, relating to public records, and when
26 considering any contracts requiring the expenditure of public
27 funds, are subject to ss. 286.011-286.012, relating to public
28 meetings.
29 (7) The department shall adopt rules as necessary to
30 implement and interpret this section.
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1 Section 15. Section 430.07, Florida Statutes, is
2 amended to read:
3 430.07 Office of Volunteer services Community
4 Service.--
5 (1) The department shall establish a program the
6 purpose of which is to maximize the use of volunteers to
7 provide services to elderly persons. There is created within
8 the Department of Elderly Affairs the Office of Volunteer
9 Community Service. The program office shall:
10 (a) Develop and coordinate a comprehensive statewide
11 volunteer program by and for elderly persons that includes an
12 intergenerational component, draws on the strengths and skills
13 of the state's elder population, and promotes self-care.
14 (1) Compile an inventory of services needed by elderly
15 persons.
16 (2) Compile an inventory of services being provided to
17 elderly persons to meet those needs.
18 (3) Determine which services needed by elderly persons
19 are not being provided.
20 (b)(4) Determine which services may currently not
21 being provided can be provided by older persons acting as
22 volunteers.
23 (c)(5) Identify those state rules and policies which
24 restrict volunteer service by or for older persons and propose
25 corrective actions.
26 (d)(6) Identify methods of promoting volunteer service
27 for the programs administered by the department, the area
28 agencies on aging, and other area agency service providers by
29 and for older persons.
30 (7) Develop a comprehensive volunteer program that
31 includes an intergenerational component and draws on the
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1 strengths and skills of the state's older population and, to
2 the extent possible, implements the volunteer service credit
3 program.
4 (e) Encourage and coordinate volunteer services in and
5 between the various area agencies on aging and service
6 providers.
7 (f) Provide training, technical assistance, and
8 oversight to volunteer initiatives.
9 (g) Promote the recognition of the contribution made
10 by volunteers to the programs administered by the department
11 and the area agencies on aging.
12 (h)(8) Encourage contributions and grants through
13 private, state, and federal sources for the purpose of
14 promoting, implementing, or evaluating, and recognizing
15 volunteer programs and self-care initiatives by or for older
16 persons.
17 (2) The department shall adopt rules establishing
18 standards of practice relating to the screening, selection,
19 training, and supervision of volunteers providing services, as
20 well as volunteer program components.
21 Section 16. Section 430.071, Florida Statutes, is
22 amended to read:
23 430.071 Respite for elders living in everyday
24 families.--
25 (1) As used in this section, the term:
26 (a) "Family unit" means one or more individuals whose
27 primary residence is with a homebound elderly individual
28 specifically for the purpose of providing care for that
29 homebound elderly individual. The family does not necessarily
30 need to be related by blood or marriage to the homebound
31 elderly individual.
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1 (b) "Respite" means in-home assistance for a homebound
2 elderly individual from someone who is not a member of the
3 family unit, which allows the family unit the ability to leave
4 the homebound elderly individual for a period of time.
5 (c) "Stipend" means an allotment of funds to enable a
6 diverse population of volunteers to provide services. The
7 allotment of funds is for a period of service and is not an
8 hourly wage.
9 (d) "Volunteer service system" means an organized
10 network of volunteers and agencies engaged in supporting
11 volunteers to assist a family unit that requires respite.
12 (1)(2) The department shall establish a "Respite for
13 Elders Living in Everyday Families" (RELIEF) program to will
14 provide in-home respite care that is an expansion of respite
15 services that is currently available through other programs,
16 specifically including evening and weekend respite, in order.
17 The purpose of this service is to increase the ability of
18 caregivers whose primary residence is with a homebound
19 functionally impaired elderly person a family unit to continue
20 to care for the elderly person a homebound elderly individual
21 by providing in-home respite beyond the basic provisions of
22 current public programs.
23 (2)(3) Respite services shall be provided through a
24 multigenerational corps of volunteers, volunteers who receive
25 a stipend, and any other appropriate personnel as determined
26 by the department.
27 (a) Volunteers shall be screened, selected, trained,
28 and registered according to standards established under s.
29 430.07 developed by the Office of Volunteer and Community
30 Services in the Department of Elderly Affairs. These standards
31 must be developed to ensure, at a minimum, address the safety
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1 of a homebound elderly individual who will receive the respite
2 service.
3 (b) Volunteers may be recruited from a variety of
4 sources, including, but not limited to, volunteer centers,
5 religious organizations, college campuses, corporations,
6 families, Retired Senior Volunteer Programs, Senior Companion
7 Programs, and AmeriCorps Programs.
8 (3)(4) To receive assistance from the RELIEF program,
9 caregivers the family unit must be assessed according to the
10 following guidelines developed by the department to determine
11 the need for respite services. This assessment must determine,
12 at a minimum, that:
13 (a) The caregiver family unit is unable to pay for
14 respite without jeopardizing other basic needs, including, but
15 not limited to, food, shelter, and medications.
16 (b) The homebound elderly person individual for whom
17 the caregiver family unit is caring is 60 years of age or
18 older, requires assistance to remain in the home, and, without
19 this assistance, would need to move to an assisted living
20 facility, an adult family-care home, or a nursing facility.
21 (4)(5) Caregivers who receive A family unit that
22 receives respite services from the RELIEF program are is not
23 excluded from receiving assistance from other governmental
24 programs.
25 (5)(6) The department Office of Volunteer and
26 Community Services shall:
27 (a) Systematically develop and implement an organized
28 network of volunteers pursuant to s. 430.07 a volunteer
29 service system in order to provide respite services under the
30 RELIEF program.
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1 (b) The office shall also implement, Monitor, and
2 evaluate the delivery of respite services under this program.
3 (b) Work collaboratively with local, state, and
4 national organizations, including, but not limited to, the
5 Florida Commission on Community Service, to promote the use of
6 volunteers offering respite under this program.
7 (c) Encourage contributions and grants through public
8 and private sources to promote the delivery of respite to
9 assist caregivers caring family units providing care for
10 homebound elderly individuals.
11 (6) The department shall adopt rules establishing
12 program components, and standards and procedures for
13 determining the need for respite services and for service
14 delivery.
15 Section 17. Section 430.202, Florida Statutes, is
16 amended to read:
17 430.202 Community care for the elderly; legislative
18 intent.--The purpose of ss. 430.201-430.207 is to assist
19 functionally impaired elderly persons to live in living
20 dignified and reasonably independent lives in their own homes,
21 or in the homes of relatives or caregivers, through the
22 development, expansion, reorganization, and coordination of
23 various community-based services. The Legislature intends
24 that a coordinated continuum of care be established so that
25 functionally impaired elderly persons age 60 and older may age
26 in place in be assured the least restrictive, most
27 cost-effective, safe environment suitable to meeting their
28 needs. The Legislature intends that the most frail elders be
29 served first, provided that it has been determined that
30 maintaining such persons in their home does not exceed the
31 average annual cost of nursing home care and does not
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1 jeopardize their safety. The development of innovative
2 approaches to program management, staff training, and service
3 delivery, including the use of volunteers and private
4 resources, which have an impact on cost-avoidance,
5 cost-effectiveness, and program efficiency is encouraged.
6 Section 18. Section 430.205, Florida Statutes, is
7 amended to read:
8 430.205 Community care for the elderly program service
9 system.--
10 (1) The department, through the area agency on aging,
11 shall fund in each planning and service area at least one
12 community care for the elderly program service system that
13 provides assessment, care planning, service coordination, case
14 aide services, or case management; legal assistance;
15 counseling; material aid; companion, homemaker, and chore
16 services; shopping assistance; escort; transportation;
17 home-delivered meals; emergency home repair; respite care;
18 adult day care; adult day health care; personal care services;
19 home health aide services; emergency alert response;
20 consumable medical supplies; medical therapeutics; home
21 nursing; and other in-home and community-based community
22 services as needed to help functionally impaired elderly
23 persons the older person maintain independence and prevent or
24 delay more costly institutional care. To the maximum extent
25 practicable, the community care for the elderly program shall
26 be organized so as to provide a coordinated continuum and
27 appropriate level of care to such persons as their needs
28 change.
29 (2) Lead agencies shall be selected every 3 years
30 pursuant to a request for proposals or an invitation to
31 negotiate issued by the area agency. Core services and other
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1 support services may be furnished by public or private
2 agencies or organizations. Each community care service system
3 must be under the direction of a lead agency that coordinates
4 the activities of individual contracting agencies providing
5 community-care-for-the-elderly services. When practicable,
6 the activities of a community care service area must be
7 directed from a multiservice senior center and coordinated
8 with other services offered therein. This subsection does not
9 require programs in existence prior to the effective date of
10 this act to be relocated.
11 (a) The area agency shall select lead agencies using
12 guidelines developed by the department, in consultation with
13 the area agencies on aging, and adopted by rule. Such
14 guidelines must:
15 1. Promote high-quality, elder-friendly,
16 cost-effective services.
17 2. Encourage competition among service providers and
18 promote consumer choice.
19 3. Ensure that case managers and service coordinators
20 act on behalf of consumers and not as promoters of services
21 provided by their agency.
22 (b) An area agency on aging, with the concurrence of
23 the department, may exempt from the selection process:
24 1. Any lead agency or service provider who meets or
25 exceeds established minimum standards, as determined by the
26 department; or
27 2. Units of local government which provide a
28 fair-share local cash match, provide value-added activities,
29 provide elders with a choice of case managers, meet the
30 guidelines provided in paragraph (a), and are subject to an
31 annual review to ensure compliance with these requirements.
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1 (c) Each lead agency must compile community care for
2 the elderly program statistics for its service area.
3 (3) The department shall define each core service that
4 is to be provided or coordinated within a community care
5 service area and establish rules and minimum standards for the
6 delivery of core services.
7 (4) The department may conduct or contract for
8 research and demonstration projects to determine the
9 desirability of new concepts of organization, administration,
10 regulation, or service delivery designed to prevent the
11 premature institutionalization of functionally impaired
12 elderly persons. Evaluations shall be made of the
13 cost-effectiveness cost-avoidance of such demonstration
14 projects, the minimization of factors causing acute episodes
15 which result in hospitalization, the ability of the projects
16 to reduce the rate of placement of functionally impaired
17 elderly persons in long-term care institutions, and the impact
18 of projects on the use of institutional services and
19 facilities.
20 (5)(4) A preservice and inservice training program for
21 community-care-for-the-elderly service providers and staff may
22 be designed and implemented to help ensure assure the delivery
23 of quality services. The department shall specify in rules the
24 training standards and requirements for the
25 community-care-for-the-elderly service providers and staff.
26 Training must be sufficient to ensure that quality services
27 are provided to consumers clients and that appropriate skills
28 are developed to conduct the program.
29 (6)(5) Functional impairment shall be determined
30 through an assessment administered to each applicant pursuant
31 to criteria developed by the department and adopted by rule.
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1 Any person who has been classified as a functionally impaired
2 elderly person is eligible to receive community care for the
3 elderly community-care-for-the-elderly core services. However,
4 the assessment criteria shall permit the department to
5 prioritize service delivery to those most at risk for nursing
6 home placement, provided that it has been determined that
7 maintaining the person in the home provides the most
8 cost-effective delivery of needed care and does not jeopardize
9 the person's safety. Those elderly persons who are determined
10 by adult protective services to be elderly persons in need of
11 services, pursuant to s. 415.1045(2)(b), or to be victims of
12 abuse, neglect, or exploitation who are in need of immediate
13 services to prevent further harm and are referred by adult
14 protective services, shall be given primary consideration for
15 receiving community-care-for-the-elderly services. As used in
16 this subsection, "Primary consideration" means that an
17 assessment and services must commence within 72 hours after
18 referral to the department or as established in accordance
19 with department contracts by local protocols developed between
20 department service providers and adult protective services.
21 The department shall serve first those individuals most in
22 need as determined by the assessment, regardless of referral
23 source.
24 (7) In order to maximize resources, services shall
25 also be obtained through:
26 (a) The Florida Plan for Medical Assistance under
27 Title XIX of the Social Security Act, private insurance, or
28 benefits available through a corporate retirement program.
29 (b) The state plan developed by the department
30 pursuant to s. 305 of Pub. L. No. 89-73, the federal Older
31 Americans Act of 1965, as amended.
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1 (c) Health care taxing districts.
2 (d) Religious or charitable organizations or volunteer
3 programs.
4 (8) The department shall evaluate the coordination and
5 delivery of services within community care service areas.
6 Accurate analyses of the costs and benefits associated with
7 the establishment and operation of the programs, as determined
8 through a uniform cost-accounting and reporting system, shall
9 be maintained to provide an assessment of the ability of these
10 programs to:
11 (a) Reduce the rate of inappropriate entry and
12 placement of functionally impaired elderly persons in
13 institutions; and
14 (b) Reduce the use of institutional services and
15 facilities,
16
17 and to provide recommendations for legislative and
18 administrative action.
19 (9) The department shall adopt rules establishing
20 standards for the provision of care, and for the screening,
21 selection, training, and supervision of service providers and
22 staff providing services pursuant to this program.
23 Section 19. Section 430.2055, Florida Statutes, is
24 created to read:
25 430.2055 Community care for the elderly service
26 contracts and copayments.--
27 (1) The department or its designee agency shall
28 contract with public or private agencies or organizations for
29 the provision of services required by a community care for the
30 elderly program. Whenever feasible, an area agency on aging
31 shall be the designee agency of preference. The contracting
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1 agency shall ensure that all other funding sources and
2 informal community resources available have been considered
3 prior to utilizing community care for the elderly funds. The
4 department and contracting agency may accept gifts and grants
5 in order to fund services within a community care service
6 area.
7 (2) Agencies or organizations contracting to provide
8 community care for the elderly services under ss.
9 430.201-430.207 must provide a minimum of 10 percent of the
10 funding necessary for the support of project operations.
11 In-kind contributions, and contributions of money or services,
12 may be evaluated and counted as part or all of the required
13 local funding.
14 (3) Funds appropriated for community care for the
15 elderly must be used only for the provision of community care
16 for the elderly services and directly related expenditures.
17 The department may provide advance funding for a community
18 care for the elderly program. An area agency on aging may
19 directly provide services as permitted by federal regulation
20 and with the concurrence of the department.
21 (4) At the time of the initial assessment, a copayment
22 shall be assessed for services in accordance with a schedule
23 established by the department, in consultation with area
24 agencies on aging, lead agencies, and service providers, and
25 adopted by rule. The copayment schedule shall be proportional
26 to the functionally impaired elderly person's overall ability
27 to pay.
28 (5) The department shall adopt rules to implement this
29 section.
30 Section 20. Section 430.206, Florida Statutes, is
31 amended to read:
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1 430.206 Multiservice senior center.--
2 (1) If practicable, multiservice senior centers shall
3 be established to provide a structurally integrated system for
4 delivering a broad spectrum of services, including health,
5 mental health, social, nutritional, and educational services;
6 wellness and preventive health programs; housing resources;
7 information and referral; and the provision of facilities for
8 recreational activities, to center services shall be available
9 to functionally impaired elderly persons and their caregivers
10 in a culturally appropriate fashion.
11 (2) If feasible, a multiservice senior center must be
12 centrally located and easily accessible to public
13 transportation. Provision may be made for transporting persons
14 to the center. A center shall be designed to provide ease of
15 access and use, considering the infirmities of elderly
16 persons.
17 (3) State funds appropriated to construct, acquire, or
18 renovate a multiservice senior center shall entitle the
19 department to a proportionate reversionary interest in the
20 center. The sale of such center shall not occur without
21 written notice to the department.
22 Section 21. Section 430.207, Florida Statutes, is
23 amended to read:
24 430.207 Confidentiality of information.--Information
25 about functionally impaired elderly persons who receive
26 services under ss. 430.201-430.206 which is received through
27 files, reports, inspections, or otherwise, by the department
28 or by authorized departmental employees, by persons who
29 volunteer services, or by persons who provide services to
30 functionally impaired elderly persons under ss.
31 430.201-430.206 through contracts with the department is
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1 confidential and exempt from the provisions of s. 119.07(1).
2 Such information may not be disclosed publicly in such a
3 manner as to identify a functionally impaired elderly person,
4 unless that person or his or her legal guardian provides
5 written consent.
6 Section 22. Section 430.41, Florida Statutes, is
7 amended to read:
8 430.41 Grants and Donations Trust Fund.--
9 (1) The Grants and Donations Trust Fund is hereby
10 created, to be administered by the Department of Elderly
11 Affairs. Funds to be credited to the trust fund shall include
12 all public and private grants and donations to the department,
13 except for grants provided by the Federal Government and other
14 earnings that are deposited into the Operations and
15 Maintenance Trust Fund of the department. Funds from the
16 Grants and Donations Trust Fund shall be used to fulfill
17 agreements made with grantors and contributors and such other
18 purposes as may be appropriate and shall only be expended
19 pursuant to legislative appropriation or an approved amendment
20 to the department's operating budget pursuant to the
21 provisions of chapter 216. The department may seek and receive
22 grants, donations, honoraria, and sponsorships to be credited
23 to the trust fund and used in support of the mission of the
24 department, including training and education of caregivers,
25 service providers, and administrators, and for publishing of
26 the Elder Update, and educational newspaper for the elderly.
27 (2) Notwithstanding the provisions of s. 216.301 and
28 pursuant to s. 216.351, any balance in the trust fund at the
29 end of any fiscal year shall remain in the trust fund and
30 shall be available for carrying out the purposes of the trust
31
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1 fund. The trust fund is exempt from the service charges
2 imposed by s. 215.20.
3 Section 23. Section 430.42, Florida Statutes, is
4 renumbered as section 430.82, Florida Statutes.
5 Section 24. Section 430.43, Florida Statutes, is
6 created to read:
7 430.43 Time-limited project, grant, or trust fund
8 personnel.--If, in executing the terms of grants, trust funds,
9 or contracts for specific projects, the employment of
10 personnel is required, such personnel shall not be subject to
11 the requirements for authorized positions provided in s.
12 216.262(1)(a). In addition, the personnel employed to plan and
13 administer such projects in certain positions specified by the
14 Secretary of Elderly Affairs, upon consultation with the
15 Department of Management Services, shall be considered in
16 time-limited employment not to exceed the duration of the
17 grant or until completion of the project, whichever first
18 occurs. Such time-limited employees shall not acquire
19 retention rights under the Career Service System, the
20 provisions of s. 110.205(1) to the contrary notwithstanding.
21 However, all other career service rights remain applicable
22 unless the specified time-limited position is also designated
23 by the secretary to be in the Selected Exempt Service System.
24 Any employee holding permanent career service status in the
25 department who is appointed to a specified time-limited
26 position, not designated as selected exempt service, shall
27 retain such permanent status in the career service.
28 Section 25. Section 430.5011, Florida Statutes, is
29 created to read:
30 430.5011 Short title.--Sections 430.5011-430.504 may
31 be cited as the "Alzheimer's Disease Initiative."
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1 Section 26. Section 430.501, Florida Statutes, is
2 renumbered as section 430.5012, and amended to read:
3 430.5012 430.501 Alzheimer's Disease Advisory
4 Committee; research grants.--
5 (1) It is the finding of the Legislature that
6 Alzheimer's disease and similar major memory disorders affect
7 an alarmingly high percentage of citizens, primarily those
8 over 65 years of age, and yet little is known of the cause,
9 prevention, or treatment of this disease.
10 (1)(2) There is created an Alzheimer's Disease
11 Advisory Committee, composed of 10 members to be selected by
12 the Governor, which shall advise the Department of Elderly
13 Affairs in the performance of its duties under this act. All
14 members must be residents of the state. The committee shall
15 advise the department regarding legislative, programmatic, and
16 administrative matters that relate to Alzheimer's disease and
17 related disorders, and victims thereof and their caretakers.
18 All members must be residents of the state.
19 (2)(3)(a) The committee membership shall be
20 representative as follows:
21 1. At least 4 of the 10 members must be licensed
22 pursuant to chapter 458 or chapter 459 or hold a Ph.D. degree
23 and be currently involved in the research of Alzheimer's
24 disease.
25 2. The 10 members must include at least 4 persons who
26 have been caregivers of victims of Alzheimer's disease.
27 3. Whenever possible, the 10 members shall include 1
28 each of the following professionals: a gerontologist, a
29 geriatric psychiatrist, a geriatrician, a neurologist, a
30 social worker, and a registered nurse.
31
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1 (b)1. The Governor shall appoint members from a broad
2 cross section of public, private, and volunteer sectors. All
3 nominations shall be forwarded to the Governor by the
4 secretary of the department Elderly Affairs in accordance with
5 this subsection.
6 2. Members shall be appointed to 4-year staggered
7 terms in accordance with s. 20.052.
8 3. The secretary of the department Elderly Affairs
9 shall serve as an ex officio member of the committee.
10 4. The committee shall elect one of its members to
11 serve as chair for a term of 1 year.
12 5. The committee may establish subcommittees as
13 necessary to carry out the functions of the committee.
14 6. The committee shall meet quarterly, or as
15 frequently as needed.
16 7. The department of Elderly Affairs shall provide
17 staff support to assist the committee in the performance of
18 its duties.
19 8. Members of the committee and subcommittees shall
20 receive no salary, but are entitled to reimbursement for
21 travel and per diem expenses, as provided in s. 112.061, while
22 performing their duties under this section.
23 (3) The Alzheimer's Disease Advisory Committee shall
24 evaluate the need for additional memory disorder clinics as
25 established in s. 430.502.
26 (4) If funds are made available through gifts, grants,
27 or other sources, the Department of Elderly Affairs shall
28 deposit such funds into its Grants and Donations Trust Fund
29 and shall award research grants to qualified profit or
30 nonprofit associations and institutions or governmental
31 agencies in order to plan, establish, or conduct programs in
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1 Alzheimer's disease control or prevention, education and
2 training, and research. The department may adopt rules
3 necessary to carry out these duties.
4 Section 27. Section 430.502, Florida Statutes, is
5 amended to read:
6 430.502 Alzheimer's disease; memory disorder clinics
7 and day care and respite care programs.--
8 (1) The Legislature finds that Alzheimer's disease and
9 similar major memory disorders affect an alarmingly high
10 percentage of adults, primarily those over 65 years of age,
11 and yet little is known of the cause, prevention, or treatment
12 of this disease. Therefore, the Legislature intends that
13 memory disorder clinics be established for the purpose of
14 conducting research and training in a diagnostic and
15 therapeutic setting for persons suffering from Alzheimer's
16 disease and related memory disorders.
17 (2)(1) There is established:
18 (a) A memory disorder clinic at each of the three
19 medical schools in this state;
20 (b) A memory disorder clinic at a major private
21 nonprofit research-oriented teaching hospital, and may fund a
22 memory disorder clinic at any of the other affiliated teaching
23 hospitals;
24 (c) A memory disorder clinic at the Mayo Clinic in
25 Jacksonville;
26 (d) A memory disorder clinic at the West Florida
27 Regional Medical Center;
28 (e) The East Central Florida Memory Disorder Clinic at
29 the Joint Center for Advanced Therapeutics and Biomedical
30 Research of the Florida Institute of Technology and Holmes
31 Regional Medical Center, Inc.;
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1 (f) A memory disorder clinic at the Orlando Regional
2 Healthcare System, Inc.;
3 (g) A memory disorder center located in a public
4 hospital that is operated by an independent special hospital
5 taxing district that governs multiple hospitals and is located
6 in a county with a population greater than 800,000 persons;
7 (h) A memory disorder clinic at St. Mary's Medical
8 Center in Palm Beach County;
9 (i) A memory disorder clinic at the Tallahassee
10 Memorial Regional Medical Center;
11 (j) A memory disorder clinic at Lee Memorial Hospital
12 created by chapter 63-1552, Laws of Florida, as amended; and
13 (k) A memory disorder clinic at Sarasota Memorial
14 Hospital in Sarasota County.,
15
16 for the purpose of conducting research and training in a
17 diagnostic and therapeutic setting for persons suffering from
18 Alzheimer's disease and related memory disorders. However,
19 Memory disorder clinics funded as of June 30, 1995, shall not
20 receive decreased funding due solely to subsequent additions
21 of memory disorder clinics in this subsection.
22 (3)(2) It is the intent of the Legislature that
23 Research conducted by a memory disorder clinic and supported
24 by state funds pursuant to subsection (2) shall (1) be applied
25 research, be service-related, and be selected in consultation
26 conjunction with the department. Such research may address,
27 but is not limited to, diagnostic technique, therapeutic
28 interventions, and supportive services for persons suffering
29 from Alzheimer's disease and related memory disorders and
30 their caregivers. Research A memory disorder clinic shall be
31 conducted conduct such research in accordance with a research
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1 plan and incorporate developed by the clinic which establishes
2 research objectives as specified in this section that are in
3 accordance with this legislative intent. A memory disorder
4 clinic shall also complete and submit to the department
5 periodic research status updates and a final report of the
6 findings, conclusions, and recommendations of completed
7 research, and shall provide all site data to the department's
8 Alzheimer's research database. This subsection does not apply
9 to those memory disorder clinics at the three medical schools
10 in the state or at the major private nonprofit
11 research-oriented teaching hospital or other affiliated
12 teaching hospital.
13 (3) The Alzheimer's Disease Advisory Committee must
14 evaluate the need for additional memory disorder clinics in
15 the state. The first report will be due by December 31, 1995.
16 (4) Pursuant to the provisions of s. 287.057, the
17 department of Elderly Affairs may contract with the memory
18 disorder clinics for the provision of specialized model day
19 care programs in conjunction with the memory disorder clinics.
20 The purpose of each model day care program must be to provide
21 innovative service delivery to persons suffering from
22 Alzheimer's disease or a related memory disorder and training
23 for health care and social service personnel in the care of
24 persons having Alzheimer's disease or related memory
25 disorders.
26 (5) Pursuant to s. 287.057, the department of Elderly
27 Affairs shall contract for the provision of respite care. All
28 funds appropriated for the provision of respite care shall be
29 distributed annually by the department to each planning and
30 service area funded county according to an allocation formula
31 developed by the department. In developing the formula, the
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1 department shall consider the number and proportion of the
2 county population of individuals in the area who are 75 years
3 of age and older.
4 (6) Each respite care program may shall be used as a
5 resource for research and statistical data by the memory
6 disorder clinics established in this section part. In
7 consultation with the memory disorder clinics, the department
8 shall specify the information to be provided by the respite
9 care programs for such research purposes. The memory disorder
10 clinic shall be responsible for reporting any research results
11 as provided under subsection (3).
12 (7) If funds are made available for Alzheimer's
13 research through gifts, grants, or other sources, the
14 department shall deposit such funds into its Grants and
15 Donations Trust Fund, and shall award research grants to
16 qualified profit or not-for-profit associations and
17 institutions or governmental agencies in order to plan,
18 establish, or conduct programs in Alzheimer's disease control
19 or prevention, education and training, and research.
20 (8) The department shall adopt rules as necessary to
21 implement this section.
22 (6) Each contract entered into pursuant to this
23 section must contain a requirement for a research component to
24 be completed and reported on in writing to the department
25 according to specifications and within a timeframe provided by
26 the department.
27 Section 28. Section 430.503, Florida Statutes, is
28 amended to read:
29 430.503 Alzheimer's Disease Initiative copayments;
30 fees and administrative expense.--
31
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1 (1) Sections 430.501-430.504 may be cited as the
2 "Alzheimer's Disease Initiative."
3 (2) To assist in covering the cost of services
4 provided pursuant to the Alzheimer's Disease Initiative,
5 provider agencies shall be are responsible for assessing a
6 copayment the collection of fees for services in accordance
7 with a schedule established rules adopted by the department
8 and adopted by rule. The copayment schedule shall be
9 proportional to the Provider agencies shall assess fees for
10 services rendered in accordance with those rules. To help pay
11 for services received pursuant to the Alzheimer's Disease
12 Initiative, a functionally impaired elderly person's overall
13 ability to pay and person shall be assessed a fee based on an
14 overall ability to pay. The fee to be assessed shall be fixed
15 according to a schedule to be established by the department.
16 Services of specified value may be accepted in lieu of a fee.
17 The fee schedule shall be developed in consultation
18 cooperation with the Alzheimer's Disease Advisory Committee,
19 area agencies on aging, and service providers. The area agency
20 on aging shall determine who shall be responsible for
21 collecting the copayment.
22 Section 29. Section 430.504, Florida Statutes, is
23 amended to read:
24 430.504 Confidentiality of information.--Information
25 about clients of programs created or funded under s. 430.502
26 430.501 or s. 430.503 which is received through files,
27 reports, inspections, or otherwise, by the department or by
28 authorized departmental employees, by persons who volunteer
29 services, or by persons who provide services to clients of
30 programs created or funded under s. 430.502 430.501 or s.
31 430.503 through contracts with the department is confidential
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1 and exempt from the provisions of s. 119.07(1). Such
2 information may not be disclosed publicly in such a manner as
3 to identify a person who receives services under s. 430.502
4 430.501 or s. 430.503, unless that person or that person's
5 legal guardian provides written consent.
6 Section 30. Section 430.601, Florida Statutes, is
7 amended to read:
8 430.601 Home care for the elderly; legislative
9 intent.--It is the intent of the Legislature to encourage the
10 provision of care for elderly persons living the elderly in
11 family-type living arrangements in private homes as an
12 alternative to institutional or nursing home care. for such
13 persons. The provisions of ss. 430.601-430.606 are intended
14 to be supplemental to the provisions of chapter 400, relating
15 to the licensing and regulation of nursing homes and assisted
16 living facilities, and do not exempt any person who is
17 otherwise subject to regulation under the provisions of that
18 chapter.
19 Section 31. Section 430.603, Florida Statutes, is
20 amended to read:
21 430.603 Home care for the elderly program; rules.--
22 (1) The department shall administer the home care for
23 the elderly program, which provides a subsidy to a person who
24 provides, on a not-for-profit basis, basic maintenance and
25 supervision, and any necessary additional in-home services,
26 for one to three elderly persons in a family-type living
27 arrangement in a private home.
28 (2) The department shall by rule establish minimum
29 standards and procedures for the provision of home care for
30 the elderly and for the screening, selection, training, and
31 supervision approval of persons seeking to provide such care.
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1 Any person who is approved to provide care, goods, or services
2 for an elderly person shall be eligible for the subsidy
3 payments described in s. 430.605. However, the home care for
4 the elderly program must be operated within the funds
5 appropriated by the Legislature.
6 Section 32. Section 430.604, Florida Statutes, is
7 amended to read:
8 430.604 Department determination of inability to
9 provide home care.--Any If a person planning who plans to
10 provide home care under ss. 430.601-430.606 who is found by
11 the department, or its designee, to be unable to provide this
12 care must be notified, the department must notify the person
13 seeking to provide home care of this determination, and that
14 the person is not eligible for subsidy payments under ss.
15 430.601-430.606.
16 Section 33. Section 430.605, Florida Statutes, is
17 amended to read:
18 430.605 Subsidy payments.--The department shall
19 develop and adopt by rule a schedule of subsidy payments to be
20 made to persons providing home care, and to providers of goods
21 and services, for certain eligible elderly persons. Payments
22 must be based on the financial status of the person receiving
23 care and include. Payments must include, but need not be
24 limited to:
25 (1) A basic support and maintenance payment for
26 element, including costs of housing, food, clothing, and
27 incidentals.
28 (2) Payments for medical, pharmaceutical, and dental
29 services essential to maintain the health of the elderly
30 person and not covered by Medicare, Medicaid, or any form of
31 insurance.
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1 (2)(3) When necessary, special supplement payments
2 supplements to provide for any goods and services and
3 specialized care required to maintain the health and
4 well-being of the elderly person not already covered by public
5 or private insurance, including Medicare or Medicaid.
6 Extraordinary medical, dental, or pharmaceutical expenses may
7 be paid as a special supplement.
8 Section 34. Section 430.701, Florida Statutes, is
9 amended to read:
10 430.701 Legislative findings and intent.--The
11 Legislature finds that state expenditures for long-term care
12 services continue to increase at a rapid rate and that Florida
13 faces increasing pressure in its efforts to meet the long-term
14 care needs of its elderly residents the public. It is
15 therefore the intent of the Legislature that the department of
16 Elderly Affairs, in consultation with the Agency for Health
17 Care Administration, implement long-term care community
18 diversion pilot projects to test the effectiveness of managed
19 care and outcome-based reimbursement principles to the
20 provision of cost-effective when applied to long-term care.
21 Section 35. Section 430.702, Florida Statutes, is
22 amended to read:
23 430.702 Short title.--Sections 430.701-430.710 This
24 act may be cited as the "Long-Term Care Community Diversion
25 Pilot Project Act."
26 Section 36. Section 430.703, Florida Statutes, is
27 amended to read:
28 430.703 Definitions.--As used in ss. 430.701-430.710
29 this act, the term:
30 (1) "Agency" means the Agency for Health Care
31 Administration.
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1 (2) "Community diversion" means a strategy that places
2 participants in the most appropriate care settings and
3 provides comprehensive home and community-based services of
4 sufficient quantity, type, and duration to prevent or delay
5 the need for long-term placement in a nursing facility.
6 (2)(3) "Community diversion pilot project" means any
7 pilot service delivery system that places participants in the
8 most appropriate care settings and provides comprehensive home
9 and community-based services of sufficient quantity, type, and
10 duration to prevent or delay the need for long-term placement
11 in a nursing facility.
12 (3)(4) "Community diversion pilot project area" means
13 a geographic area selected by the department where the
14 department will conduct a community diversion pilot project.
15 (5) "Department" means the Department of Elderly
16 Affairs.
17 (4)(6) "Managed care organization" means an entity
18 that meets the requirements of the Department of Insurance for
19 operation as a health maintenance organization and meets the
20 qualifications for participation as a managed care
21 organization established by the agency and the department.
22 (5)(7) "Participant" means an individual enrolled in a
23 community diversion pilot project.
24 Section 37. Section 430.705, Florida Statutes, is
25 amended to read:
26 430.705 Implementation of the long-term care community
27 diversion pilot projects.--
28 (1) In designing and implementing the community
29 diversion pilot projects, the department shall:
30 (a) Work in consultation with the agency.
31 (b) Develop a capitation rate-setting method that:
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1 1. Ensures sufficient savings from the state Medicaid
2 nursing home budget category to fund community diversion pilot
3 projects.
4 2. Ensures that expenditures do not exceed the average
5 nursing home cost in the pilot project area, excluding
6 Medicaid acute care costs and Medicaid cost-sharing.
7 (c) Evaluate:
8 1. The standards in existing Medicaid managed care
9 contracts to determine if they are sufficient to ensure
10 access, quality, and cost-effective services to frail elders.
11 2. The cost-effectiveness of the services provided
12 through the pilot projects.
13 3. The impact of nursing home bed growth on state
14 expenditures.
15 4. Methods to encourage competition among long-term
16 care service providers in order to facilitate improved service
17 quality, price, and participant satisfaction.
18 5. Criteria for selecting managed care organizations,
19 including quality assurance processes, grievance procedures,
20 service costs, accessibility, adequacy of provider networks,
21 and administrative costs.
22 6. Criteria for participant eligibility.
23 7. The provision of services to determine if the
24 participants' quality of life has improved.
25 (d)(2) The department shall Select projects whose
26 design and providers demonstrate capacity to maximize the
27 placement of participants in the least restrictive appropriate
28 care setting.
29 (e)(3) The department shall Provide to prospective
30 participants a choice of participating in a community
31 diversion pilot project or any other appropriate placement
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1 available. To the extent possible, individuals shall be
2 allowed to choose their care providers, including long-term
3 care service providers affiliated with an individual's
4 religious faith or denomination.
5 (f)(4) The department shall Enroll participants.
6 Providers shall not directly enroll participants in community
7 diversion pilot projects.
8 (2)(5) In selecting the pilot project area, the
9 department shall consider the following factors in the area:
10 (a) The nursing home occupancy level.
11 (b) The number of certificates of need awarded for
12 nursing home beds for which renovation, expansion, or
13 construction has not begun.
14 (c) The annual number of additional nursing home beds.
15 (d) The annual number of nursing home admissions.
16 (e) The adequacy of community-based long-term care
17 service providers.
18 (f) The availability of managed care organizations.
19 (3)(6) The department may require participants to
20 contribute to their cost of care in an amount not to exceed
21 the cost-sharing required of Medicaid-eligible nursing home
22 residents.
23 (4)(7) Community diversion pilot projects must:
24 (a) Provide services for participants that are of
25 sufficient quality, quantity, type, and duration to prevent or
26 delay nursing facility placement.
27 (b) Integrate acute and long-term care services, and
28 the funding sources for such services, as feasible.
29 (c) Encourage individuals, families, and communities
30 to plan for their long-term care needs.
31
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1 (d) Provide skilled and intermediate nursing facility
2 care for participants who cannot be adequately cared for in
3 noninstitutional settings.
4 Section 38. Subsection (1) of section 430.707, Florida
5 Statutes, is amended to read:
6 430.707 Contracts.--
7 (1) The department, in consultation with the agency,
8 shall select and contract with managed care organizations to
9 provide long-term care within community diversion pilot
10 project areas. Such contracts shall include qualifications for
11 participation as a managed care organization, criteria for
12 participant eligibility, and quality of care standards for
13 community diversion pilot projects. Such quality of care
14 standards shall apply to all contractors and subcontractors
15 and must include outcome measures, utilization review,
16 grievance and conflict resolution, patient satisfaction, and
17 care and service standards.
18 Section 39. Section 430.80, Florida Statutes, is
19 renumbered as section 400.337, Florida Statutes.
20 Section 40. Sections 430.02, 430.04, 430.101, 430.203,
21 430.204, 430.602, 430.704, 430.706, and 430.710, Florida
22 Statutes, are repealed.
23 Section 41. This act shall take effect July 1, 2000.
24
25 *****************************************
26 HOUSE SUMMARY
27
Revises, clarifies, and conforms provisions relating to
28 organization and responsibilities of the Department of
Elderly Affairs and to various programs administered by
29 the department.
30
31
57