HOUSE AMENDMENT
    705-165AXK-08                Bill No. CS for SB 1276, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
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11  Representative(s) Green offered the following:
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13         Amendment (with title amendment) 
14         On page 30, between lines 27 and 28, of the bill
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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
                                  1
    File original & 9 copies    03/22/02                          
    hcle002                     12:00 am          01276-heg-804937

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 2 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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 3 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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. 4 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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 5 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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 6 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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.-- 7 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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 8 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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 9 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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 10 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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 11 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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, 12 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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 13 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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 14 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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 15 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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 16 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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, 17 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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 18 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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. 19 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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 20 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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 21 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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 22 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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. 23 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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 24 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
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 liability insurance coverage that is in 3 force at all times. In lieu of general and professional 4 liability insurance coverage, a state-designated teaching 5 nursing home and its affiliated assisted living facilities 6 created under s. 430.80 may demonstrate proof of financial 7 responsibility as provided in s. 430.80(3)(h); the exception 8 provided in this paragraph shall expire July 1, 2005. 9 Section 31. Paragraph (h) is added to subsection (3) 10 of section 430.80, Florida Statutes, to read: 11 430.80 Implementation of a teaching nursing home pilot 12 project.-- 13 (3) To be designated as a teaching nursing home, a 14 nursing home licensee must, at a minimum: 15 (h) Maintain insurance coverage pursuant to s. 16 400.141(20) or proof of financial responsibility in a minimum 17 amount of $750,000. Such proof of financial responsibility may 18 include: 19 1. Maintaining an escrow account consisting of cash or 20 assets eligible for deposit in accordance with s. 625.52; or 21 2. Obtaining and maintaining pursuant to chapter 675 22 an unexpired, irrevocable, nontransferable and nonassignable 23 letter of credit issued by any bank or savings association 24 organized and existing under the laws of this state or any 25 bank or savings association organized under the laws of the 26 United States that has its principal place of business in this 27 state or has a branch office which is authorized to receive 28 deposits in this state. The letter of credit shall be used to 29 satisfy the obligation of the facility to the claimant upon 30 presentment of a final judgment indicating liability and 31 awarding damages to be paid by the facility or upon 25 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
HOUSE AMENDMENT 705-165AXK-08 Bill No. CS for SB 1276, 1st Eng. Amendment No. ___ (for drafter's use only) 1 presentment of a settlement agreement signed by all parties to 2 the agreement when such final judgment or settlement is a 3 result of a liability claim against the facility. 4 Section 32. Subsection (1) of section 477.025, Florida 5 Statutes, is amended, and subsection (11) is added to said 6 section, to read: 7 477.025 Cosmetology salons; specialty salons; 8 requisites; licensure; inspection; mobile cosmetology 9 salons.-- 10 (1) No cosmetology salon or specialty salon shall be 11 permitted to operate without a license issued by the 12 department except as provided in subsection (11). 13 (11) Facilities licensed under part II or part III of 14 chapter 400 shall be exempt from the provisions of this 15 section and a cosmetologist licensed pursuant to s. 477.019 16 may provide salon services exclusively for facility residents. 17 Section 33. Section 627.9408, Florida Statutes, is 18 amended to read: 19 627.9408 Rules.-- 20 (1) The department has authority to adopt rules 21 pursuant to ss. 120.536(1) and 120.54 to implement the 22 provisions of this part. 23 (2) The department may adopt by rule the provisions of 24 the Long-Term Care Insurance Model Regulation adopted by the 25 National Association of Insurance Commissioners in the second 26 quarter of the year 2000 which are not in conflict with the 27 Florida Insurance Code. 28 Section 34. Subsections (2) and (3) of section 29 400.0066, Florida Statutes, are repealed. 30 31 26 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
HOUSE AMENDMENT 705-165AXK-08 Bill No. CS for SB 1276, 1st Eng. Amendment No. ___ (for drafter's use only) 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 3, line 26, after the semicolon, 4 5 insert: 6 creating s. 409.221, F.S.; creating the 7 "Florida Consumer-Directed Care Act"; providing 8 legislative findings; providing legislative 9 intent; establishing the consumer-directed care 10 program; providing for consumer selection of 11 certain long-term care services and providers; 12 providing for interagency agreements among the 13 Agency for Health Care Administration and the 14 Department of Elderly Affairs, the Department 15 of Health, and the Department of Children and 16 Family Services; providing for program 17 eligibility and enrollment; providing 18 definitions; providing for consumer budget 19 allowances and purchasing guidelines; 20 specifying authorized services; providing roles 21 and responsibilities of consumers, the agency 22 and departments, and fiduciary intermediaries; 23 providing background screening requirements for 24 persons who render care under the program; 25 providing rulemaking authority of the agency 26 and departments; requiring the agency to apply 27 for federal waivers as necessary; requiring 28 ongoing program reviews and annual reports; 29 requiring the Agency for Health Care 30 Administration and the Department of Elderly 31 Affairs to submit a plan to the Governor and 27 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
HOUSE AMENDMENT 705-165AXK-08 Bill No. CS for SB 1276, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Legislature for reducing nursing home bed days 2 funded under the Medicaid program; amending s. 3 408.034, F.S.; providing additional 4 requirements for the Agency for Health Care 5 Administration in determining the need for 6 additional nursing facility beds; amending s. 7 409.912, F.S.; authorizing the Agency for 8 Health Care Administration to contract with 9 vendors on a risk-sharing basis for in-home 10 physician services; requiring the Agency for 11 Health Care Administration to establish a 12 nursing facility preadmission screening program 13 through an interagency agreement with the 14 Department of Elderly Affairs; requiring an 15 annual report to the Legislature and the Office 16 of Long-Term Care Policy; creating s. 430.7031, 17 F.S.; requiring the Department of Elderly 18 Affairs and the Agency for Health Care 19 Administration to implement a nursing home 20 transition program; providing requirements for 21 the program; amending ss. 409.908, 430.708, and 22 641.386, F.S., relating to reimbursement of 23 Medicaid providers, certificates of need, and 24 agent licensing and appointment; conforming 25 cross references to changes made by the act; 26 amending s. 20.41, F.S.; providing for 27 administration of the State Long-Term Care 28 Ombudsman Council by the Department of Elderly 29 Affairs; amending s. 400.0063, F.S.; locating 30 the Office of the State Long-Term Care 31 Ombudsman in the department; providing for 28 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
HOUSE AMENDMENT 705-165AXK-08 Bill No. CS for SB 1276, 1st Eng. Amendment No. ___ (for drafter's use only) 1 appointment of the ombudsman by the Secretary 2 of Elderly Affairs; amending s. 400.0065, F.S.; 3 requiring the secretary's approval of staff for 4 the local ombudsman councils; deleting 5 requirement that the ombudsman prepare an 6 annual legislative budget request; revising 7 rulemaking authority; amending s. 400.0067, 8 F.S.; revising duties of the State Long-Term 9 Care Ombudsman Council; providing duties of the 10 department and secretary; amending s. 400.0069, 11 F.S.; increasing the maximum membership of the 12 local long-term care ombudsman councils; 13 amending s. 400.0071, F.S.; revising procedures 14 relating to complaints; amending s. 400.0087, 15 F.S.; revising provisions relating to agency 16 oversight; amending s. 400.0089, F.S.; revising 17 reporting responsibilities; requiring the State 18 Long-Term Care Ombudsman Council to publish 19 complaint information quarterly; amending s. 20 400.0091, F.S.; specifying training 21 requirements for employees of the Office of the 22 State Long-Term Care Ombudsman and its 23 volunteers; amending s. 400.179, F.S.; 24 providing an exemption from certain 25 requirements that the transferor of a nursing 26 facility maintain a bond; amending s. 400.141, 27 F.S.; requiring nursing home facilities to 28 maintain general and professional liability 29 insurance coverage; authorizing 30 state-designated teaching nursing homes to 31 demonstrate certain proof of financial 29 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937
HOUSE AMENDMENT 705-165AXK-08 Bill No. CS for SB 1276, 1st Eng. Amendment No. ___ (for drafter's use only) 1 responsibility; amending s. 430.80, F.S.; 2 specifying the minimum proof of financial 3 responsibility required for state-designated 4 teaching nursing homes; amending 477.025, F.S.; 5 exempting certain facilities from a provision 6 of law requiring licensing as a cosmetology 7 salon; amending s. 627.9408, F.S.; authorizing 8 the department to adopt by rule certain 9 provisions of the Long-Term Care Insurance 10 Model Regulation, as adopted by the National 11 Association of Insurance Commissioners; 12 repealing s. 400.0066(2) and (3), F.S., 13 relating to the Office of State Long-Term Care 14 Ombudsman; deleting a prohibition on 15 interference with the official duty of any 16 ombudsman staff or volunteers; deleting 17 reference to administrative support by the 18 Department of Elderly Affairs; 19 20 21 22 23 24 25 26 27 28 29 30 31 30 File original & 9 copies 03/22/02 hcle002 12:00 am 01276-heg-804937