House Bill hb1861

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    Florida House of Representatives - 2001                HB 1861

        By the Committee on Elder & Long-Term Care and
    Representative Green





  1                      A bill to be entitled

  2         An act relating to trust funds; creating the

  3         Quality of Long-Term Care Facility Improvement

  4         Trust Fund within the Agency for Health Care

  5         Administration; providing for sources of funds

  6         and purposes; providing for annual carryforward

  7         of funds; providing for future review and

  8         termination or re-creation of the trust fund;

  9         providing a contingent effective date.

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

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13         Section 1.  Quality of Long-Term Care Facility

14  Improvement Trust Fund.--

15         (1)  There is created within the Agency for Health Care

16  Administration a Quality of Long-Term Care Facility

17  Improvement Trust Fund to support activities and programs

18  directly related to improvement of the care of nursing home

19  and assisted living facility residents. The trust fund shall

20  be funded through proceeds generated pursuant to ss. 400.0238

21  and 400.430, Florida Statutes, through a percentage of funds

22  recovered by the Medicaid program from the estates of deceased

23  Medicaid beneficiaries supported in long-term care facilities,

24  through funds specifically appropriated by the Legislature,

25  and through gifts, endowments, and other charitable

26  contributions allowed under federal and state law.

27         (2)  Expenditures from the trust fund shall be

28  allowable for direct support of the following:

29         (a)  Development and operation of a mentoring program,

30  in consultation with the Department of Health and the

31  Department of Elderly Affairs, for increasing the competence,

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    Florida House of Representatives - 2001                HB 1861

    173-981-01






  1  professionalism, and career preparation of long-term care

  2  facility direct care staff, including nurses, nursing

  3  assistants, and social service and dietary personnel.

  4         (b)  Development and implementation of specialized

  5  training programs for long-term care facility personnel who

  6  provide direct care for residents with Alzheimer's Disease and

  7  other dementias, residents at risk of developing pressure

  8  sores, and residents with special nutrition and hydration

  9  needs.

10         (c)  Provision of economic and other incentives to

11  enhance the stability and career development of the nursing

12  home direct care workforce, including paid sabbaticals for

13  exemplary direct care career staff to visit facilities

14  throughout the state to train and motivate younger workers to

15  commit to careers in long-term care.

16         (d)  Promotion and support for the formation and active

17  involvement of resident and family councils in the improvement

18  of nursing home care.

19         (3)  The agency shall be responsible and accountable

20  for carrying out through the trust fund the priorities and

21  directives specified in legislative appropriations.

22         (4)  Notwithstanding the provisions of s. 216.301,

23  Florida Statutes, and pursuant to s. 216.351, Florida

24  Statutes, any balance in the trust fund at the end of any

25  fiscal year shall remain in the trust fund at the end of the

26  year and shall be available for carrying out the purposes of

27  the trust fund.

28         (5)  In accordance with s. 19(f)(2), Art. III of the

29  State Constitution, the Quality of Long-Term Care Facility

30  Improvement Trust Fund shall, unless terminated sooner, be

31  terminated on July 1, 2005. Before its scheduled termination,

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    Florida House of Representatives - 2001                HB 1861

    173-981-01






  1  the trust fund shall be reviewed as provided in s. 215.3206(1)

  2  and (2), Florida Statutes.

  3         Section 2.  This act shall take effect July 1, 2001, if

  4  HB .... or similar legislation is adopted in the same

  5  legislative session or an extension thereof and becomes law.

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  7            *****************************************

  8                          HOUSE SUMMARY

  9
      Creates the Quality of Long-Term Care Facility
10    Improvement Trust Fund to be administered by the Agency
      for Health Care Administration, and provides for its
11    sources and purposes. Provides for annual carryforward of
      balances remaining at the end of any fiscal year.
12    Provides for future review and termination or re-creation
      of the trust fund.
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