House Bill hb0295er

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    2002 Legislature                                  CS/CS/HB 295



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  2         An act relating to persons with disabilities;

  3         creating s. 413.402, F.S.; directing the

  4         Florida Association of Centers for Independent

  5         Living to develop a personal care attendant

  6         pilot program to serve persons with spinal cord

  7         injuries; providing for memorandums of

  8         understanding with specified entities;

  9         providing eligibility for pilot program

10         participation; providing for selection and

11         training of participants and personal care

12         attendants; providing for use of a licensed

13         nurse registry to recruit and screen

14         participants and act as a fiscal intermediary;

15         providing for assessment of participants for

16         work-related training programs; providing for

17         development of a plan for program

18         implementation; requiring a report to the

19         Legislature; providing for implementation on a

20         specified date; directing the Department of

21         Revenue to develop and implement a tax

22         collection enforcement diversion program;

23         providing for coordination with the Florida

24         Association of Centers for Independent Living,

25         the Florida Prosecuting Attorneys Association,

26         and the state attorneys' offices; providing for

27         deposit and use of funds collected; directing

28         the Revenue Estimating Conference to make

29         certain annual projections; providing an

30         appropriation; providing an effective date.

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    2002 Legislature                                  CS/CS/HB 295



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

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  3         Section 1.  Section 413.402, Florida Statutes, is

  4  created to read:

  5         413.402  Personal care attendant pilot program.--The

  6  Florida Association of Centers for Independent Living shall

  7  develop a pilot program to provide personal care attendants to

  8  persons who are eligible pursuant to subsection (1). The

  9  association shall develop memorandums of understanding with

10  the Department of Revenue, the Brain and Spinal Cord Injury

11  Program in the Department of Health, the Florida Medicaid

12  program in the Agency for Health Care Administration, the

13  Florida Endowment Foundation for Vocational Rehabilitation,

14  and the Division of Vocational Rehabilitation of the

15  Department of Education.

16         (1)  Persons eligible to participate in the pilot

17  program must:

18         (a)  Be at least 18 years of age and be significantly

19  disabled due to a traumatic spinal cord injury;

20         (b)  Have been determined eligible for training

21  services from the Division of Vocational Rehabilitation of the

22  Department of Education; and

23         (c)  Either:

24         1.  Live in a nursing home; or

25         2.  Have moved out of a nursing home within the

26  preceding 180 days due to participation in a Medicaid home and

27  community-based waiver program targeted to persons with brain

28  or spinal cord injuries.

29         (2)  The association shall develop a training program

30  for training persons selected to participate in the pilot

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    2002 Legislature                                  CS/CS/HB 295



  1  program that will prepare each person to manage his or her own

  2  personal care attendant.

  3         (3)(a)  The association, in cooperation with the

  4  Florida Endowment Foundation for Vocational Rehabilitation,

  5  shall develop a program to recruit, screen, and select

  6  candidates to be trained as personal care attendants.

  7         (b)  The services of a nurse registry licensed pursuant

  8  to s. 400.506 may be utilized to recruit and screen candidates

  9  and to operate as a fiscal intermediary through which payments

10  are made to individuals performing services as personal care

11  attendants under the pilot program. The Agency for Health Care

12  Administration shall seek any federal waivers necessary to

13  implement this provision.

14         (4)  The association, in cooperation with the Florida

15  Endowment Foundation for Vocational Rehabilitation, shall

16  develop a training program for personal care attendants.

17         (5)  The association, in cooperation with the Florida

18  Endowment Foundation for Vocational Rehabilitation, shall

19  establish procedures for selecting persons eligible under

20  subsection (1) to participate in the pilot program.

21         (6)  The association, in cooperation with the Division

22  of Vocational Rehabilitation of the Department of Education,

23  shall assess the selected participants and make

24  recommendations for their placement into appropriate

25  work-related training programs.

26         (7)  The association, in cooperation with the

27  Department of Revenue, the Brain and Spinal Cord Injury

28  Program in the Department of Health, the Florida Medicaid

29  program in the Agency for Health Care Administration, a

30  representative from the state attorney's office in each of the

31  counties participating in the pilot program, the Florida


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  1  Endowment Foundation for Vocational Rehabilitation, and the

  2  Division of Vocational Rehabilitation of the Department of

  3  Education, shall develop a plan for implementation of the

  4  pilot program.

  5         (8)  No later than March 1, 2003, the association shall

  6  present to the President of the Senate and to the Speaker of

  7  the House of Representatives the implementation plan for the

  8  pilot program, a timeline for implementation, estimates of the

  9  number of participants to be served, and cost projections for

10  each component of the pilot program. The pilot program shall

11  be implemented beginning July 1, 2003, unless there is

12  specific legislative action to the contrary.

13         Section 2.  The Department of Revenue, in coordination

14  with the the Florida Association of Centers for Independent

15  Living and the Florida Prosecuting Attorneys Association,

16  shall select four counties in which to operate the pilot

17  program. The association and the state attorneys' offices in

18  Duval County and the four pilot program counties shall develop

19  and implement a tax collection enforcement diversion program,

20  which shall collect revenue due from persons who have not

21  remitted their collected sales tax. The criteria for referral

22  to the tax collection enforcement diversion program shall be

23  determined cooperatively between the state attorneys' offices

24  in those counties and the Department of Revenue.

25         (1)  Notwithstanding the provisions of s. 212.20,

26  Florida Statutes, 25 percent of the revenues collected from

27  the tax collection enforcement diversion program shall be

28  deposited into the operating account of the Florida Endowment

29  Foundation for Vocational Rehabilitation, to be used to

30  implement the personal care attendant pilot program.

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  1         (2)  The pilot program shall operate only from funds

  2  deposited into the operating account of the Florida Endowment

  3  Foundation for Vocational Rehabilitation.

  4         (3)  The Revenue Estimating Conference shall annually

  5  project the amount of funds expected to be generated from the

  6  tax collection enforcement diversion program.

  7         Section 3.  There is appropriated from the Brain and

  8  Spinal Cord Injury Program Trust Fund to the Florida Endowment

  9  Foundation for Vocational Rehabilitation the sum of $250,000

10  in nonrecurring funds for fiscal year 2002-2003 for

11  development of the personal care attendant pilot program under

12  s. 413.402, Florida Statutes. The initial $50,000 from each of

13  the pilot program counties and Duval County deposited with the

14  Florida Endowment Foundation for Vocational Rehabilitation

15  shall be used to repay the $250,000 to the Brain and Spinal

16  Cord Injury Program Trust Fund.

17         Section 4.  This act shall take effect July 1, 2002.

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