CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Green offered the following:

12

13         Amendment (with title amendment) 

14         On page 30, between lines 27 and 28, of the bill

15

16  insert:

17         Section 12.  Section 409.221, Florida Statutes, is

18  created to read:

19         409.221  Consumer-directed care program.--

20         (1)  SHORT TITLE.--This section may be cited as the

21  "Florida Consumer-Directed Care Act."

22         (2)  LEGISLATIVE FINDINGS.--The Legislature finds that

23  alternatives to institutional care, such as in-home and

24  community-based care, should be encouraged. The Legislature

25  finds that giving recipients of in-home and community-based

26  services the opportunity to select the services they need and

27  the providers they want, including family and friends,

28  enhances their sense of dignity and autonomy. The Legislature

29  also finds that providing consumers choice and control, as

30  tested in current research and demonstration projects, has

31  been beneficial and should be developed further and

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  implemented statewide.

  2         (3)  LEGISLATIVE INTENT.--It is the intent of the

  3  Legislature to nurture the autonomy of those citizens of the

  4  state, of all ages, who have disabilities by providing the

  5  long-term care services they need in the least restrictive,

  6  appropriate setting. It is the intent of the Legislature to

  7  give such individuals more choices in and greater control over

  8  the purchased long-term care services they receive.

  9         (4)  CONSUMER-DIRECTED CARE.--

10         (a)  Program established.--The Agency for Health Care

11  Administration shall establish the consumer-directed care

12  program which shall be based on the principles of consumer

13  choice and control. The agency shall implement the program

14  upon federal approval. The agency shall establish interagency

15  cooperative agreements with and shall work with the

16  Departments of Elderly Affairs, Health, and Children and

17  Family Services to implement and administer the program. The

18  program shall allow enrolled persons to choose the providers

19  of services and to direct the delivery of services, to best

20  meet their long-term care needs. The program must operate

21  within the funds appropriated by the Legislature.

22         (b)  Eligibility and enrollment.--Persons who are

23  enrolled in one of the Medicaid home and community-based

24  waiver programs and are able to direct their own care, or to

25  designate an eligible representative, may choose to

26  participate in the consumer-directed care program.

27         (c)  Definitions.--For purposes of this section, the

28  term:

29         1.  "Budget allowance" means the amount of money made

30  available each month to a consumer to purchase needed

31  long-term care services, based on the results of a functional

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  needs assessment.

  2         2.  "Consultant" means an individual who provides

  3  technical assistance to consumers in meeting their

  4  responsibilities under this section.

  5         3.  "Consumer" means a person who has chosen to

  6  participate in the program, has met the enrollment

  7  requirements, and has received an approved budget allowance.

  8         4.  "Fiscal intermediary" means an entity approved by

  9  the agency that helps the consumer manage the consumer's

10  budget allowance, retains the funds, processes employment

11  information, if any, and tax information, reviews records to

12  ensure correctness, writes paychecks to providers, and

13  delivers paychecks to the consumer for distribution to

14  providers and caregivers.

15         5.  "Provider" means:

16         a.  A person licensed or otherwise permitted to render

17  services eligible for reimbursement under this program for

18  whom the consumer is not the employer of record; or

19         b.  A consumer-employed caregiver for whom the consumer

20  is the employer of record.

21         6.  "Representative" means an uncompensated individual

22  designated by the consumer to assist in managing the

23  consumer's budget allowance and needed services.

24         (d)  Budget allowances.--Consumers enrolled in the

25  program shall be given a monthly budget allowance based on the

26  results of their assessed functional needs and the financial

27  resources of the program. Consumers shall receive the budget

28  allowance directly from an agency-approved fiscal

29  intermediary. Each department shall develop purchasing

30  guidelines, approved by the agency, to assist consumers in

31  using the budget allowance to purchase needed, cost-effective

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  services.

  2         (e)  Services.--Consumers shall use the budget

  3  allowance only to pay for home and community-based services

  4  that meet the consumer's long-term care needs and are a

  5  cost-efficient use of funds. Such services may include, but

  6  are not limited to, the following:

  7         1.  Personal care.

  8         2.  Homemaking and chores, including housework, meals,

  9  shopping, and transportation.

10         3.  Home modifications and assistive devices which may

11  increase the consumer's independence or make it possible to

12  avoid institutional placement.

13         4.  Assistance in taking self-administered medication.

14         5.  Day care and respite care services, including those

15  provided by nursing home facilities pursuant to s. 400.141(6)

16  or by adult day care facilities licensed pursuant to s.

17  400.554.

18         6.  Personal care and support services provided in an

19  assisted living facility.

20         (f)  Consumer roles and responsibilities.--Consumers

21  shall be allowed to choose the providers of services, as well

22  as when and how the services are provided. Providers may

23  include a consumer's neighbor, friend, spouse, or relative.

24         1.  In cases where a consumer is the employer of

25  record, the consumer's roles and responsibilities include, but

26  are not limited to, the following:

27         a.  Developing a job description.

28         b.  Selecting caregivers and submitting information for

29  the background screening as required in s. 435.05.

30         c.  Communicating needs, preferences, and expectations

31  about services being purchased.

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         d.  Providing the fiscal intermediary with all

  2  information necessary for provider payments and tax

  3  requirements.

  4         e.  Ending the employment of an unsatisfactory

  5  caregiver.

  6         2.  In cases where a consumer is not the employer of

  7  record, the consumer's roles and responsibilities include, but

  8  are not limited to, the following:

  9         a.  Communicating needs, preferences, and expectations

10  about services being purchased.

11         b.  Ending the services of an unsatisfactory provider.

12         c.  Providing the fiscal agent with all information

13  necessary for provider payments and tax requirements.

14         (g)  Agency and departments roles and

15  responsibilities.--The agency's and the departments' roles and

16  responsibilities include, but are not limited to, the

17  following:

18         1.  Assessing each consumer's functional needs, helping

19  with the service plan, and providing ongoing assistance with

20  the service plan.

21         2.  Offering the services of consultants who shall

22  provide training, technical assistance, and support to the

23  consumer.

24         3.  Completing the background screening for providers.

25         4.  Approving fiscal intermediaries.

26         5.  Establishing the minimum qualifications for all

27  caregivers and providers and being the final arbiter of the

28  fitness of any individual to be a caregiver or provider.

29         (h)  Fiscal intermediary roles and

30  responsibilities.--The fiscal intermediary's roles and

31  responsibilities include, but are not limited to, the

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  following:

  2         1.  Providing recordkeeping services.

  3         2.  Retaining the consumer-directed care funds,

  4  processing employment and tax information, if any, reviewing

  5  records to ensure correctness, writing paychecks to providers,

  6  and delivering paychecks to the consumer for distribution.

  7         (i)  Background screening requirements.--All persons

  8  who render care under this section shall comply with the

  9  requirements of s. 435.05. Persons shall be excluded from

10  employment pursuant to s. 435.06.

11         1.  Persons excluded from employment may request an

12  exemption from disqualification, as provided in s. 435.07.

13  Persons not subject to certification or professional licensure

14  may request an exemption from the agency. In considering a

15  request for an exemption, the agency shall comply with the

16  provisions of s. 435.07.

17         2.  The agency shall, as allowable, reimburse

18  consumer-employed caregivers for the cost of conducting

19  background screening as required by this section.

20

21  For purposes of this section, a person who has undergone

22  screening, who is qualified for employment under this section

23  and applicable rule, and who has not been unemployed for more

24  than 180 days following such screening is not required to be

25  rescreened. Such person must attest under penalty of perjury

26  to not having been convicted of a disqualifying offense since

27  completing such screening.

28         (j)  Rules; federal waivers.--In order to implement

29  this section:

30         1.  The agency and the Departments of Elderly Affairs,

31  Health, and Children and Family Services are authorized to

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  adopt and enforce rules.

  2         2.  The agency shall take all necessary action to

  3  ensure state compliance with federal regulations. The agency

  4  shall apply for any necessary federal waivers or waiver

  5  amendments needed to implement the program.

  6         (k)  Reviews and reports.--The agency and the

  7  Departments of Elderly Affairs, Health, and Children and

  8  Family Services shall each, on an ongoing basis, review and

  9  assess the implementation of the consumer-directed care

10  program. By January 15 of each year, the agency shall submit a

11  written report to the Legislature that includes each

12  department's review of the program and contains

13  recommendations for improvements to the program.

14         Section 13.  (1)  Prior to December 1, 2002, the Agency

15  for Health Care Administration, in consultation with the

16  Department of Elderly Affairs, shall submit to the Governor,

17  the President of the Senate, and the Speaker of the House of

18  Representatives a plan to reduce the number of nursing home

19  bed days purchased by the state Medicaid program and to

20  replace such nursing home care with care provided in less

21  costly alternative settings.

22         (2)  The plan must include specific goals for reducing

23  Medicaid-funded bed days and recommend specific statutory and

24  operational changes necessary to achieve such reduction.

25         (3)  The plan must include an evaluation of the

26  cost-effectiveness and the relative strengths and weaknesses

27  of programs that serve as alternatives to nursing homes.

28         Section 14.  Section 408.034, Florida Statutes, is

29  amended to read:

30         408.034  Duties and responsibilities of agency;

31  rules.--

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (1)  The agency is designated as the single state

  2  agency to issue, revoke, or deny certificates of need and to

  3  issue, revoke, or deny exemptions from certificate-of-need

  4  review in accordance with the district plans and present and

  5  future federal and state statutes.  The agency is designated

  6  as the state health planning agency for purposes of federal

  7  law.

  8         (2)  In the exercise of its authority to issue licenses

  9  to health care facilities and health service providers, as

10  provided under chapters 393, 395, and parts II and VI of

11  chapter 400, the agency may not issue a license to any health

12  care facility, health service provider, hospice, or part of a

13  health care facility which fails to receive a certificate of

14  need or an exemption for the licensed facility or service.

15         (3)  The agency shall establish, by rule, uniform need

16  methodologies for health services and health facilities. In

17  developing uniform need methodologies, the agency shall, at a

18  minimum, consider the demographic characteristics of the

19  population, the health status of the population, service use

20  patterns, standards and trends, geographic accessibility, and

21  market economics.

22         (4)  Prior to determining that there is a need for

23  additional community nursing facility beds in any area of the

24  state, the agency shall determine that the need cannot be met

25  through the provision, enhancement, or expansion of home and

26  community-based services. In determining such need, the agency

27  shall examine nursing home placement patterns and demographic

28  patterns of persons entering nursing homes and the

29  availability of and effectiveness of existing home-based and

30  community-based service delivery systems at meeting the

31  long-term care needs of the population. The agency shall

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  recommend to the Office of Long-Term Care Policy changes that

  2  could be made to existing home-based and community-based

  3  delivery systems to lessen the need for additional nursing

  4  facility beds.

  5         (5)(4)  The agency shall establish by rule a

  6  nursing-home-bed-need methodology that reduces the community

  7  nursing home bed need for the areas of the state where the

  8  agency establishes pilot community diversion programs through

  9  the Title XIX aging waiver program.

10         (6)(5)  The agency may adopt rules necessary to

11  implement ss. 408.031-408.045.

12         Section 15.  Paragraph (f) of subsection (3) of section

13  409.912, Florida Statutes, is amended, and present subsections

14  (13) through (39) of said section are renumbered as

15  subsections (14) through (40), respectively, and a new

16  subsection (13) is added to that section, to read:

17         409.912  Cost-effective purchasing of health care.--The

18  agency shall purchase goods and services for Medicaid

19  recipients in the most cost-effective manner consistent with

20  the delivery of quality medical care.  The agency shall

21  maximize the use of prepaid per capita and prepaid aggregate

22  fixed-sum basis services when appropriate and other

23  alternative service delivery and reimbursement methodologies,

24  including competitive bidding pursuant to s. 287.057, designed

25  to facilitate the cost-effective purchase of a case-managed

26  continuum of care. The agency shall also require providers to

27  minimize the exposure of recipients to the need for acute

28  inpatient, custodial, and other institutional care and the

29  inappropriate or unnecessary use of high-cost services. The

30  agency may establish prior authorization requirements for

31  certain populations of Medicaid beneficiaries, certain drug

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  classes, or particular drugs to prevent fraud, abuse, overuse,

  2  and possible dangerous drug interactions. The Pharmaceutical

  3  and Therapeutics Committee shall make recommendations to the

  4  agency on drugs for which prior authorization is required. The

  5  agency shall inform the Pharmaceutical and Therapeutics

  6  Committee of its decisions regarding drugs subject to prior

  7  authorization.

  8         (3)  The agency may contract with:

  9         (f)  An entity that provides in-home physician services

10  to test the cost-effectiveness of enhanced home-based medical

11  care to Medicaid recipients with degenerative neurological

12  diseases and other diseases or disabling conditions associated

13  with high costs to Medicaid. The program shall be designed to

14  serve very disabled persons and to reduce Medicaid reimbursed

15  costs for inpatient, outpatient, and emergency department

16  services. The agency shall contract with vendors on a

17  risk-sharing basis. in Pasco County or Pinellas County that

18  provides in-home physician services to Medicaid recipients

19  with degenerative neurological diseases in order to test the

20  cost-effectiveness of enhanced home-based medical care. The

21  entity providing the services shall be reimbursed on a

22  fee-for-service basis at a rate not less than comparable

23  Medicare reimbursement rates. The agency may apply for waivers

24  of federal regulations necessary to implement such program.

25  This paragraph shall be repealed on July 1, 2002.

26         (13)(a)  The agency shall operate the Comprehensive

27  Assessment and Review (CARES) nursing facility preadmission

28  screening program to ensure that Medicaid payment for nursing

29  facility care is made only for individuals whose conditions

30  require such care and to ensure that long-term care services

31  are provided in the setting most appropriate to the needs of

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  the person and in the most economical manner possible. The

  2  CARES program shall also ensure that individuals participating

  3  in Medicaid home and community-based waiver programs meet

  4  criteria for those programs, consistent with approved federal

  5  waivers.

  6         (b)  The agency shall operate the CARES program through

  7  an interagency agreement with the Department of Elderly

  8  Affairs.

  9         (c)  Prior to making payment for nursing facility

10  services for a Medicaid recipient, the agency must verify that

11  the nursing facility preadmission screening program has

12  determined that the individual requires nursing facility care

13  and that the individual cannot be safely served in

14  community-based programs. The nursing facility preadmission

15  screening program shall refer a Medicaid recipient to a

16  community-based program if the individual could be safely

17  served at a lower cost and the recipient chooses to

18  participate in such program.

19         (d)  By January 1 of each year, the agency shall submit

20  a report to the Legislature and the Office of Long-Term Care

21  Policy describing the operations of the CARES program. The

22  report must describe:

23         1.  Rate of diversion to community alternative

24  programs;

25         2.  CARES program staffing needs to achieve additional

26  diversions;

27         3.  Reasons the program is unable to place individuals

28  in less restrictive settings when such individuals desired

29  such services and could have been served in such settings;

30         4.  Barriers to appropriate placement, including

31  barriers due to policies or operations of other agencies or

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  state-funded programs; and

  2         5.  Statutory changes necessary to ensure that

  3  individuals in need of long-term care services receive care in

  4  the least restrictive environment.

  5         Section 16.  Section 430.7031, Florida Statutes, is

  6  created to read:

  7         430.7031  Nursing home transition program.--The

  8  department and the Agency for Health Care Administration:

  9         (1)  Shall implement a system of care designed to

10  assist individuals residing in nursing homes to regain

11  independence and to move to less costly settings.

12         (2)  Shall collaboratively work to identify long-stay

13  nursing home residents who are able to move to community

14  placements, and to provide case management and supportive

15  services to such individuals while they are in nursing homes

16  to assist such individuals in moving to less expensive and

17  less restrictive settings.

18         (3)  Shall modify existing service delivery systems or

19  develop new service delivery systems to economically and

20  efficiently meet such individuals' care needs.

21         (4)  Shall offer such individuals priority placement

22  and services in all home-based and community-based care

23  programs and shall ensure that funds are available to provide

24  services to individuals to whom services are offered.

25         (5)  May seek federal waivers necessary to administer

26  this section.

27         Section 17.  Subsection (4) of section 409.908, Florida

28  Statutes, is amended to read:

29         409.908  Reimbursement of Medicaid providers.--Subject

30  to specific appropriations, the agency shall reimburse

31  Medicaid providers, in accordance with state and federal law,

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  according to methodologies set forth in the rules of the

  2  agency and in policy manuals and handbooks incorporated by

  3  reference therein.  These methodologies may include fee

  4  schedules, reimbursement methods based on cost reporting,

  5  negotiated fees, competitive bidding pursuant to s. 287.057,

  6  and other mechanisms the agency considers efficient and

  7  effective for purchasing services or goods on behalf of

  8  recipients.  Payment for Medicaid compensable services made on

  9  behalf of Medicaid eligible persons is subject to the

10  availability of moneys and any limitations or directions

11  provided for in the General Appropriations Act or chapter 216.

12  Further, nothing in this section shall be construed to prevent

13  or limit the agency from adjusting fees, reimbursement rates,

14  lengths of stay, number of visits, or number of services, or

15  making any other adjustments necessary to comply with the

16  availability of moneys and any limitations or directions

17  provided for in the General Appropriations Act, provided the

18  adjustment is consistent with legislative intent.

19         (4)  Subject to any limitations or directions provided

20  for in the General Appropriations Act, alternative health

21  plans, health maintenance organizations, and prepaid health

22  plans shall be reimbursed a fixed, prepaid amount negotiated,

23  or competitively bid pursuant to s. 287.057, by the agency and

24  prospectively paid to the provider monthly for each Medicaid

25  recipient enrolled.  The amount may not exceed the average

26  amount the agency determines it would have paid, based on

27  claims experience, for recipients in the same or similar

28  category of eligibility.  The agency shall calculate

29  capitation rates on a regional basis and, beginning September

30  1, 1995, shall include age-band differentials in such

31  calculations. Effective July 1, 2001, the cost of exempting

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  statutory teaching hospitals, specialty hospitals, and

  2  community hospital education program hospitals from

  3  reimbursement ceilings and the cost of special Medicaid

  4  payments shall not be included in premiums paid to health

  5  maintenance organizations or prepaid health care plans. Each

  6  rate semester, the agency shall calculate and publish a

  7  Medicaid hospital rate schedule that does not reflect either

  8  special Medicaid payments or the elimination of rate

  9  reimbursement ceilings, to be used by hospitals and Medicaid

10  health maintenance organizations, in order to determine the

11  Medicaid rate referred to in ss. 409.912(17) 409.912(16),

12  409.9128(5), and 641.513(6).

13         Section 18.  Section 430.708, Florida Statutes, is

14  amended to read:

15         430.708  Certificate of need.--To ensure that Medicaid

16  community diversion pilot projects result in a reduction in

17  the projected average monthly nursing home caseload, the

18  agency shall, in accordance with the provisions of s.

19  408.034(5) s. 408.034(4):

20         (1)  Reduce the projected nursing home bed need in each

21  certificate-of-need batching cycle in the community diversion

22  pilot project areas.

23         (2)  Reduce the conditions imposed on existing nursing

24  homes or those to be constructed, in accordance with the

25  number of projected community diversion slots.

26         (3)  Adopt rules to reduce the number of beds in

27  Medicaid-participating nursing homes eligible for Medicaid,

28  through a Medicaid-selective contracting process or some other

29  appropriate method.

30         (4)  Determine the feasibility of increasing the

31  nursing home occupancy threshold used in determining nursing

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  home bed needs under the certificate-of-need process.

  2         Section 19.  Subsection (4) of section 641.386, Florida

  3  Statutes, is amended to read:

  4         641.386  Agent licensing and appointment required;

  5  exceptions.--

  6         (4)  All agents and health maintenance organizations

  7  shall comply with and be subject to the applicable provisions

  8  of ss. 641.309 and 409.912(19) 409.912(18), and all companies

  9  and entities appointing agents shall comply with s. 626.451,

10  when marketing for any health maintenance organization

11  licensed pursuant to this part, including those organizations

12  under contract with the Agency for Health Care Administration

13  to provide health care services to Medicaid recipients or any

14  private entity providing health care services to Medicaid

15  recipients pursuant to a prepaid health plan contract with the

16  Agency for Health Care Administration.

17         Section 20.  Subsection (4) of section 20.41, Florida

18  Statutes, is amended to read:

19         20.41  Department of Elderly Affairs.--There is created

20  a Department of Elderly Affairs.

21         (4)  The department shall administer administratively

22  house the State Long-Term Care Ombudsman Council, created by

23  s. 400.0067, and the local long-term care ombudsman councils,

24  created by s. 400.0069 and shall, as required by s. 712 of the

25  federal Older Americans Act of 1965, ensure that both the

26  state and local long-term care ombudsman councils operate in

27  compliance with the Older Americans Act.  The councils in

28  performance of their duties shall not be subject to control,

29  supervision, or direction by the department.

30         Section 21.  Subsection (1) and paragraph (b) of

31  subsection (2) of section 400.0063, Florida Statutes, are

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  amended to read:

  2         400.0063  Establishment of Office of State Long-Term

  3  Care Ombudsman; designation of ombudsman and legal advocate.--

  4         (1)  There is created an Office of State Long-Term Care

  5  Ombudsman, which shall be located for administrative purposes

  6  in the Department of Elderly Affairs.

  7         (2)

  8         (b)  The State Long-Term Care Ombudsman shall be

  9  appointed by and shall serve at the pleasure of the Secretary

10  of Elderly Affairs State Long-Term Care Ombudsman Council.  No

11  person who has a conflict of interest, or has an immediate

12  family member who has a conflict of interest, may be involved

13  in the designation of the ombudsman.

14         Section 22.  Paragraphs (c) and (f) of subsection (2)

15  and subsection (3) of section 400.0065, Florida Statutes, are

16  amended to read:

17         400.0065  State Long-Term Care Ombudsman; duties and

18  responsibilities; conflict of interest.--

19         (2)  The State Long-Term Care Ombudsman shall have the

20  duty and authority to:

21         (c)  Within the limits of federal and state funding

22  authorized and appropriated, employ such personnel, including

23  staff for local ombudsman councils, as are necessary to

24  perform adequately the functions of the office and provide or

25  contract for legal services to assist the state and local

26  ombudsman councils in the performance of their duties.  Staff

27  positions for each local ombudsman council may be established

28  as career service positions, and shall be filled by the

29  ombudsman after approval by the secretary consultation with

30  the respective local ombudsman council.

31         (f)  Annually prepare a budget request that shall be

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  submitted to the Governor by the department for transmittal to

  2  the Legislature.

  3         (3)  The State Long-Term Care Ombudsman shall not:

  4         (a)  Have a direct involvement in the licensing or

  5  certification of, or an ownership or investment interest in, a

  6  long-term care facility or a provider of a long-term care

  7  service.

  8         (b)  Be employed by, or participate in the management

  9  of, a long-term care facility.

10         (c)  Receive, or have a right to receive, directly or

11  indirectly, remuneration, in cash or in kind, under a

12  compensation agreement with the owner or operator of a

13  long-term care facility.

14

15  The Department of Elderly Affairs, in consultation with the

16  ombudsman, shall adopt rules to establish procedures to

17  identify and eliminate conflicts of interest as described in

18  this subsection.

19         Section 23.  Paragraphs (c), (d), (f), and (g) of

20  subsection (2) and paragraph (b) of subsection (3) of section

21  400.0067, Florida Statutes, are amended to read:

22         400.0067  Establishment of State Long-Term Care

23  Ombudsman Council; duties; membership.--

24         (2)  The State Long-Term Care Ombudsman Council shall:

25         (c)  Assist the ombudsman to discover, investigate, and

26  determine the existence of abuse or neglect in any long-term

27  care facility. and to develop procedures, in consultation with

28  The Department of Elderly Affairs shall develop procedures,

29  relating to such investigations. Investigations may consist,

30  in part, of one or more onsite administrative inspections.

31         (d)  Assist the ombudsman in eliciting, receiving,

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  responding to, and resolving complaints made by or on behalf

  2  of long-term care facility residents and in developing

  3  procedures, in consultation with the Department of Elderly

  4  Affairs, relating to the receipt and resolution of such

  5  complaints. The secretary shall approve all such procedures.

  6         (f)  Be authorized to call upon appropriate agencies of

  7  state government for such professional assistance as may be

  8  needed in the discharge of its duties, including assistance

  9  from the adult protective services program of the Department

10  of Children and Family Services.

11         (f)(g)  Prepare an annual report describing the

12  activities carried out by the ombudsman and the State

13  Long-Term Care Ombudsman Council in the year for which the

14  report is prepared.  The State Long-Term Care Ombudsman

15  Council shall submit the report to the Secretary of Elderly

16  Affairs. The secretary shall in turn submit the report to the

17  Commissioner of the United States Administration on Aging, the

18  Governor, the President of the Senate, the Speaker of the

19  House of Representatives, the minority leaders of the House

20  and Senate, the chairpersons of appropriate House and Senate

21  committees, the Secretary of Secretaries of Elderly Affairs

22  and Children and Family Services, and the Secretary of Health

23  Care Administration.  The report shall be submitted by the

24  Secretary of Elderly Affairs at least 30 days before the

25  convening of the regular session of the Legislature and shall,

26  at a minimum:

27         1.  Contain and analyze data collected concerning

28  complaints about and conditions in long-term care facilities.

29         2.  Evaluate the problems experienced by residents of

30  long-term care facilities.

31         3.  Contain recommendations for improving the quality

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  of life of the residents and for protecting the health,

  2  safety, welfare, and rights of the residents.

  3         4.  Analyze the success of the ombudsman program during

  4  the preceding year and identify the barriers that prevent the

  5  optimal operation of the program.  The report of the program's

  6  successes shall also address the relationship between the

  7  state long-term care ombudsman program, the Department of

  8  Elderly Affairs, the Agency for Health Care Administration,

  9  and the Department of Children and Family Services, and an

10  assessment of how successfully the state long-term care

11  ombudsman program has carried out its responsibilities under

12  the Older Americans Act.

13         5.  Provide policy and regulatory and legislative

14  recommendations to solve identified problems; resolve

15  residents' complaints; improve the quality of care and life of

16  the residents; protect the health, safety, welfare, and rights

17  of the residents; and remove the barriers to the optimal

18  operation of the state long-term care ombudsman program.

19         6.  Contain recommendations from the local ombudsman

20  councils regarding program functions and activities.

21         7.  Include a report on the activities of the legal

22  advocate and other legal advocates acting on behalf of the

23  local and state councils.

24         (3)

25         (b)1.  The ombudsman, in consultation with the

26  secretary and the state ombudsman council, shall submit to the

27  Governor a list of at least eight names of persons who are not

28  serving on a local council.

29         2.  The Governor shall appoint three members chosen

30  from the list, at least one of whom must be over 60 years of

31  age.

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         3.  If the Governor's appointments are not made within

  2  60 days after the ombudsman submits the list, the ombudsman,

  3  in consultation with the secretary State Long-Term Care

  4  Ombudsman Council, shall appoint three members, one of whom

  5  must be over 60 years of age.

  6         Section 24.  Subsection (4) of section 400.0069,

  7  Florida Statutes, is amended to read:

  8         400.0069  Local long-term care ombudsman councils;

  9  duties; membership.--

10         (4)  Each local ombudsman council shall be composed of

11  no less than 15 members and no more than 40 30 members from

12  the local planning and service area, to include the following:

13  one medical or osteopathic physician whose practice includes

14  or has included a substantial number of geriatric patients and

15  who may have limited practice in a long-term care facility;

16  one registered nurse who has geriatric experience, if

17  possible; one licensed pharmacist; one registered dietitian;

18  at least six nursing home residents or representative consumer

19  advocates for nursing home residents; at least three residents

20  of assisted living facilities or adult family-care homes or

21  three representative consumer advocates for long-term care

22  facility residents; one attorney; and one professional social

23  worker.  In no case shall the medical director of a long-term

24  care facility or an employee of the Agency for Health Care

25  Administration, the Department of Children and Family

26  Services, or the Department of Elderly Affairs serve as a

27  member or as an ex officio member of a council.  Each member

28  of the council shall certify that neither the council member

29  nor any member of the council member's immediate family has

30  any conflict of interest pursuant to subsection (10).  Local

31  ombudsman councils are encouraged to recruit council members

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  who are 60 years of age or older.

  2         Section 25.  Subsection (1) of section 400.0071,

  3  Florida Statutes, is amended to read:

  4         400.0071  Complaint procedures.--

  5         (1)  The state ombudsman council shall recommend to the

  6  ombudsman and the secretary establish state and local

  7  procedures for receiving complaints against a nursing home or

  8  long-term care facility or its employee. The procedures shall

  9  be implemented after the approval of the ombudsman and the

10  secretary.

11         Section 26.  Subsections (1) and (2) of section

12  400.0087, Florida Statutes, are amended to read:

13         400.0087  Agency oversight.--

14         (1)  The Department of Elderly Affairs shall monitor

15  the local ombudsman councils responsible for carrying out the

16  duties delegated by s. 400.0069 and federal law.  The

17  department, in consultation with the ombudsman and the State

18  Long-Term Care Ombudsman Council, shall adopt rules to

19  establish the policies and procedures for the monitoring of

20  local ombudsman councils.

21         (2)  The department is responsible for ensuring that

22  the Office of State Long-Term Care Ombudsman prepares its

23  annual report; provides information to public and private

24  agencies, legislators, and others; provides appropriate

25  training to representatives of the office or of the state or

26  local long-term care ombudsman councils; and coordinates

27  ombudsman services with the Advocacy Center for Persons with

28  Disabilities and with providers of legal services to residents

29  of long-term care facilities in compliance with state and

30  federal laws.

31         Section 27.  Section 400.0089, Florida Statutes, is

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  amended to read:

  2         400.0089  Agency reports.--The State Long-Term Care

  3  Ombudsman Council, shall, in cooperation with the Department

  4  of Elderly Affairs shall, maintain a statewide uniform

  5  reporting system to collect and analyze data relating to

  6  complaints and conditions in long-term care facilities and to

  7  residents, for the purpose of identifying and resolving

  8  significant problems. The department and the State Long-Term

  9  Care Ombudsman Council shall submit such data as part of its

10  annual report required pursuant to s. 400.0067(2)(g) to the

11  Agency for Health Care Administration, the Department of

12  Children and Family Services, the Florida Statewide Advocacy

13  Council, the Advocacy Center for Persons with Disabilities,

14  the Commissioner for the United States Administration on

15  Aging, the National Ombudsman Resource Center, and any other

16  state or federal entities that the ombudsman determines

17  appropriate. The State Long-Term Care Ombudsman Council shall

18  publish quarterly and make readily available information

19  pertaining to the number and types of complaints received by

20  the long-term care ombudsman program.

21         Section 28.  Section 400.0091, Florida Statutes, is

22  amended to read:

23         400.0091  Training.--The ombudsman shall provide

24  appropriate training to all employees of the Office of State

25  Long-Term Care Ombudsman and to the state and local long-term

26  care ombudsman councils, including all unpaid volunteers. All

27  volunteers and appropriate employees of the Office of the

28  State Long-Term Care Ombudsman must be given a minimum of 20

29  hours of training upon employment or enrollment as a volunteer

30  and 10 hours of continuing education annually thereafter.

31  Training must cover, at a minimum, guardianships and powers of

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  attorney, medication administration, care and medication of

  2  residents with dementia and Alzheimer's disease, accounting

  3  for residents' funds, discharge rights and responsibilities,

  4  and cultural sensitivity. No employee, officer, or

  5  representative of the office or of the state or local

  6  long-term care ombudsman councils, other than the ombudsman,

  7  may carry out any authorized ombudsman duty or responsibility

  8  unless the person has received the training required by this

  9  section and has been approved by the ombudsman as qualified to

10  carry out ombudsman activities on behalf of the office or the

11  state or local long-term care ombudsman councils.

12         Section 29.  Paragraph (d) of subsection (5) of section

13  400.179, Florida Statutes, is amended to read:

14         400.179  Sale or transfer of ownership of a nursing

15  facility; liability for Medicaid underpayments and

16  overpayments.--

17         (5)  Because any transfer of a nursing facility may

18  expose the fact that Medicaid may have underpaid or overpaid

19  the transferor, and because in most instances, any such

20  underpayment or overpayment can only be determined following a

21  formal field audit, the liabilities for any such underpayments

22  or overpayments shall be as follows:

23         (d)  Where the transfer involves a facility that has

24  been leased by the transferor:

25         1.  The transferee shall, as a condition to being

26  issued a license by the agency, acquire, maintain, and provide

27  proof to the agency of a bond with a term of 30 months,

28  renewable annually, in an amount not less than the total of 3

29  months Medicaid payments to the facility computed on the basis

30  of the preceding 12-month average Medicaid payments to the

31  facility.

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         2.  The leasehold operator may meet the bond

  2  requirement through other arrangements acceptable to the

  3  department.

  4         3.  All existing nursing facility licensees, operating

  5  the facility as a leasehold, shall acquire, maintain, and

  6  provide proof to the agency of the 30-month bond required in

  7  subparagraph 1., above, on and after July 1, 1993, for each

  8  license renewal.

  9         4.  It shall be the responsibility of all nursing

10  facility operators, operating the facility as a leasehold, to

11  renew the 30-month bond and to provide proof of such renewal

12  to the agency annually at the time of application for license

13  renewal.

14         5.  Any failure of the nursing facility operator to

15  acquire, maintain, renew annually, or provide proof to the

16  agency shall be grounds for the agency to deny, cancel,

17  revoke, or suspend the facility license to operate such

18  facility and to take any further action, including, but not

19  limited to, enjoining the facility, asserting a moratorium, or

20  applying for a receiver, deemed necessary to ensure compliance

21  with this section and to safeguard and protect the health,

22  safety, and welfare of the facility's residents. A lease

23  agreement required as a condition of bond financing or

24  refinancing under s. 154.213 by a health facilities authority

25  or required under s. 159.30 by a county or municipality is not

26  a leasehold for purposes of this paragraph and is not subject

27  to the bond requirement of this paragraph.

28         Section 30.  Subsection (20) of section 400.141,

29  Florida Statutes, is amended to read:

30         400.141  Administration and management of nursing home

31  facilities.--Every licensed facility shall comply with all

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  applicable standards and rules of the agency and shall:

  2         (20)  Maintain general and professional liability

  3  insurance coverage that is in force at all times. However, a

  4  state-designated teaching nursing home created under s. 430.80

  5  may demonstrate proof of financial responsibility as provided

  6  in s. 430.80(3)(h); provided that this provision shall expire

  7  July 1, 2005.

  8         Section 31.  Paragraph (h) is added to subsection (3)

  9  of section 430.80, Florida Statutes, to read:

10         430.80  Implementation of a teaching nursing home pilot

11  project.--

12         (3)  To be designated as a teaching nursing home, a

13  nursing home licensee must, at a minimum:

14         (h)  Maintain proof of financial responsibility in a

15  minimum amount of $750,000. Such proof of financial

16  responsibility may include:

17         1.  Maintaining an escrow account consisting of cash or

18  assets eligible for deposit in accordance with s. 625.52; or

19         2.  Obtaining and maintaining pursuant to chapter 675

20  an unexpired, irrevocable, nontransferable and nonassignable

21  letter of credit issued by any bank or savings association

22  organized and existing under the laws of this state or any

23  bank or savings association organized under the laws of the

24  United States that has its principal place of business in this

25  state or has a branch office which is authorized to receive

26  deposits in this state. The letter of credit shall be used to

27  satisfy the obligation of the facility upon presentment of a

28  final judgment indicating liability and awarding damages to be

29  paid by the facility or upon presentment of a settlement

30  agreement signed by all parties to the agreement when such

31  final judgment or settlement is a result of a liability claim

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  against the facility.

  2         Section 32.  Subsection (1) of section 477.025, Florida

  3  Statutes, is amended, and subsection (11) is added to said

  4  section, to read:

  5         477.025  Cosmetology salons; specialty salons;

  6  requisites; licensure; inspection; mobile cosmetology

  7  salons.--

  8         (1)  No cosmetology salon or specialty salon shall be

  9  permitted to operate without a license issued by the

10  department except as provided in subsection (11).

11         (11)  Facilities licensed under part II or part III of

12  chapter 400 shall be exempt from the provisions of this

13  section and a cosmetologist licensed pursuant to s. 477.019

14  may provide salon services exclusively for facility residents.

15         Section 33.  Section 627.9408, Florida Statutes, is

16  amended to read:

17         627.9408  Rules.--

18         (1)  The department has authority to adopt rules

19  pursuant to ss. 120.536(1) and 120.54 to implement the

20  provisions of this part.

21         (2)  The department may adopt by rule the provisions of

22  the Long-Term Care Insurance Model Regulation adopted by the

23  National Association of Insurance Commissioners in the second

24  quarter of the year 2000 which are not in conflict with the

25  Florida Insurance Code.

26         Section 34.  Subsections (2) and (3) of section

27  400.0066, Florida Statutes, are repealed.

28

29

30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         On page 3, line 26, after the semicolon,

  2

  3  insert:

  4         creating s. 409.221, F.S.; creating the

  5         "Florida Consumer-Directed Care Act"; providing

  6         legislative findings; providing legislative

  7         intent; establishing the consumer-directed care

  8         program; providing for consumer selection of

  9         certain long-term care services and providers;

10         providing for interagency agreements among the

11         Agency for Health Care Administration and the

12         Department of Elderly Affairs, the Department

13         of Health, and the Department of Children and

14         Family Services; providing for program

15         eligibility and enrollment; providing

16         definitions; providing for consumer budget

17         allowances and purchasing guidelines;

18         specifying authorized services; providing roles

19         and responsibilities of consumers, the agency

20         and departments, and fiduciary intermediaries;

21         providing background screening requirements for

22         persons who render care under the program;

23         providing rulemaking authority of the agency

24         and departments; requiring the agency to apply

25         for federal waivers as necessary; requiring

26         ongoing program reviews and annual reports;

27         requiring the Agency for Health Care

28         Administration and the Department of Elderly

29         Affairs to submit a plan to the Governor and

30         Legislature for reducing nursing home bed days

31         funded under the Medicaid program; amending s.

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         408.034, F.S.; providing additional

  2         requirements for the Agency for Health Care

  3         Administration in determining the need for

  4         additional nursing facility beds; amending s.

  5         409.912, F.S.; authorizing the Agency for

  6         Health Care Administration to contract with

  7         vendors on a risk-sharing basis for in-home

  8         physician services; requiring the Agency for

  9         Health Care Administration to establish a

10         nursing facility preadmission screening program

11         through an interagency agreement with the

12         Department of Elderly Affairs; requiring an

13         annual report to the Legislature and the Office

14         of Long-Term Care Policy; creating s. 430.7031,

15         F.S.; requiring the Department of Elderly

16         Affairs and the Agency for Health Care

17         Administration to implement a nursing home

18         transition program; providing requirements for

19         the program; amending ss. 409.908, 430.708, and

20         641.386, F.S., relating to reimbursement of

21         Medicaid providers, certificates of need, and

22         agent licensing and appointment; conforming

23         cross references to changes made by the act;

24         amending s. 20.41, F.S.; providing for

25         administration of the State Long-Term Care

26         Ombudsman Council by the Department of Elderly

27         Affairs; amending s. 400.0063, F.S.; locating

28         the Office of the State Long-Term Care

29         Ombudsman in the department; providing for

30         appointment of the ombudsman by the Secretary

31         of Elderly Affairs; amending s. 400.0065, F.S.;

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         requiring the secretary's approval of staff for

  2         the local ombudsman councils; deleting

  3         requirement that the ombudsman prepare an

  4         annual legislative budget request; revising

  5         rulemaking authority; amending s. 400.0067,

  6         F.S.; revising duties of the State Long-Term

  7         Care Ombudsman Council; providing duties of the

  8         department and secretary; amending s. 400.0069,

  9         F.S.; increasing the maximum membership of the

10         local long-term care ombudsman councils;

11         amending s. 400.0071, F.S.; revising procedures

12         relating to complaints; amending s. 400.0087,

13         F.S.; revising provisions relating to agency

14         oversight; amending s. 400.0089, F.S.; revising

15         reporting responsibilities; requiring the State

16         Long-Term Care Ombudsman Council to publish

17         complaint information quarterly; amending s.

18         400.0091, F.S.; specifying training

19         requirements for employees of the Office of the

20         State Long-Term Care Ombudsman and its

21         volunteers; amending s. 400.179, F.S.;

22         providing an exemption from certain

23         requirements that the transferor of a nursing

24         facility maintain a bond; amending s. 400.141,

25         F.S.; requiring nursing home facilities to

26         maintain general and professional liability

27         insurance coverage; authorizing

28         state-designated teaching nursing homes to

29         demonstrate certain proof of financial

30         responsibility; amending s. 430.80, F.S.;

31         specifying the minimum proof of financial

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                                                   HOUSE AMENDMENT

    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         responsibility required for state-designated

  2         teaching nursing homes; amending s. 477.025,

  3         F.S.; exempting certain facilities from a

  4         provision of law requiring licensing as a

  5         cosmetology salon; amending s. 627.9408, F.S.;

  6         authorizing the department to adopt by rule

  7         certain provisions of the Long-Term Care

  8         Insurance Model Regulation, as adopted by the

  9         National Association of Insurance

10         Commissioners; repealing s. 400.0066(2) and

11         (3), F.S., relating to the Office of State

12         Long-Term Care Ombudsman; deleting a

13         prohibition on interference with the official

14         duty of any ombudsman staff or volunteers;

15         deleting reference to administrative support by

16         the Department of Elderly Affairs;

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  30

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