Senate Bill sb1068

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    Florida Senate - 2003                                  SB 1068

    By Senator Crist





    12-454-03

  1                      A bill to be entitled

  2         An act relating to nursing homes and related

  3         health care facilities; amending s. 400.235,

  4         F.S.; revising membership and terms of office

  5         of the Governor's Panel on Excellence in

  6         Long-Term Care; providing for selection of a

  7         panel chairperson; providing an effective date.

  8

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

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11         Section 1.  Paragraph (a) of subsection (3) of section

12  400.235, Florida Statutes, is amended to read:

13         400.235  Nursing home quality and licensure status;

14  Gold Seal Program.--

15         (3)(a)1.  The Gold Seal Program shall be developed and

16  implemented by the Governor's Panel on Excellence in Long-Term

17  Care, which shall operate under the authority of the Executive

18  Office of the Governor. The panel shall be composed of the

19  following members:

20         a.  A consumer advocate for senior citizens, appointed

21  by the Governor.

22         b.  Two persons having expertise in the field of

23  quality management, service-delivery excellence, or

24  public-sector accountability, appointed by the Governor.

25         c.  A consumer advocate for senior citizens, appointed

26  by the Secretary of Elderly Affairs.

27         d.  An active member of a nursing facility family and

28  resident care council, appointed by the Secretary of Elderly

29  Affairs.

30         e.  A member of the University Consortium on Aging,

31  appointed by the Secretary of Elderly Affairs.

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    Florida Senate - 2003                                  SB 1068
    12-454-03




  1         f.  The State Long-Term Care Ombudsman.

  2         g.  A consumer advocate for senior citizens, appointed

  3  by the Florida Life Care Residents Association.

  4         h.  A consumer advocate for senior citizens, appointed

  5  by the Secretary of Health.

  6         i.  A consumer advocate for senior citizens, appointed

  7  by the Secretary of the Agency for Health Care Administration.

  8         j.  The Deputy Secretary for Medicaid of the Agency for

  9  Health Care Administration.

10         k.  One person appointed by the Florida Association of

11  Homes for the Aging.

12         l.  One person appointed by the Florida Health Care

13  Association.

14         m.  A member of the Florida Silver Hair Legislature,

15  appointed by the Florida Silver Hair Legislature.

16         n.  A member of the Florida Alliance for Retired

17  Americans, appointed by the Florida Alliance for Retired

18  Americans.

19         o.  An elder-law attorney appointed by The Florida Bar.

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21  Persons serving on the panel on the effective date of this act

22  shall continue to serve and persons shall be appointed

23  according to the criteria described in sub-subparagraphs m.,

24  n., and o. for terms beginning October 1, 2003; however, for

25  the dual purpose of staggering the terms of the members and

26  maintaining continuity, the terms of the panel members serving

27  on the effective date of this act who were appointed according

28  to the criteria described in sub-subparagraphs b., d., g., i.,

29  and k. expire September 30, 2003, and terms of the panel

30  members serving on the effective date of this act who were

31  appointed according to the criteria described in

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    Florida Senate - 2003                                  SB 1068
    12-454-03




  1  sub-subparagraphs a., c., e., h., and l. expire September 30,

  2  2004. Thereafter, each appointive member shall be appointed

  3  for a 4-year term in the same manner as the original

  4  appointment. A person may not be appointed to serve more than

  5  two consecutive 4-year terms. However, an appointee serving on

  6  the effective date of this act is not eligible for

  7  reappointment.

  8         2.  Panel members shall select the panel chairperson to

  9  serve a 3-year term by a majority vote at the panel's first

10  meeting after all panel members have been appointed.

11         3.  For the purposes of this paragraph, the term

12  "consumer advocate for senior citizens" means a person who:

13         a.  Does not receive more than 20 percent of his or her

14  personal income from any business involved in the delivery of

15  long-term care services, from any attorney or law firm that

16  represents nursing home facilities or nursing home residents

17  in personal injury actions, or from any affiliated membership

18  organizations or corporations;

19         b.  Is not an employee of the Agency for Health Care

20  Administration, the Department of Health, or the Department of

21  Elderly Affairs; and

22         c.  Is either a member of an organized senior advocacy

23  group or has had or currently has a relative in a nursing

24  home. three persons appointed by the Governor, to include a

25  consumer advocate for senior citizens and two persons with

26  expertise in the fields of quality management, service

27  delivery excellence, or public sector accountability; three

28  persons appointed by the Secretary of Elderly Affairs, to

29  include an active member of a nursing facility family and

30  resident care council and a member of the University

31  Consortium on Aging; the State Long-Term Care Ombudsman; one

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    Florida Senate - 2003                                  SB 1068
    12-454-03




  1  person appointed by the Florida Life Care Residents

  2  Association; one person appointed by the Secretary of Health;

  3  two persons appointed by the Secretary of Health Care

  4  Administration; one person appointed by the Florida

  5  Association of Homes for the Aging; and one person appointed

  6  by the Florida Health Care Association. Vacancies on the panel

  7  shall be filled in the same manner as the original

  8  appointments.

  9         Section 2.  This act shall take effect upon becoming a

10  law.

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12            *****************************************

13                          SENATE SUMMARY

14    Revises the membership and terms of office of the
      Governor's Panel on Excellence in Long-Term Care.
15    Provides for the selection of a panel chairperson.

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