HB 1711, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to services for the elderly; amending s.
3	430.041, F.S.; removing the Director of the Office of Long-
4	Term-Care Policy from the advisory council; providing for
5	the selection of a chair of the council; providing a limit
6	on consecutive terms for service as chair; amending s.
7	430.07, F.S.; authorizing direct payment to a vendor or
8	prepayment or reimbursement of lodging and transportation
9	expenses directly to volunteers determined necessary by the
10	Department of Elderly Affairs; amending s. 430.205, F.S.,
11	relating to community care for the elderly; providing
12	guidelines for determining the priority of recipients of
13	services; repealing section 65 of ch. 2001-45, Laws of
14	Florida, relating to the state long-term care ombudsman
15	program; providing effective dates.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1. Effective upon becoming a law, subsection (4)
20	of section 430.041, Florida Statutes, is amended to read:
21	430.041 Office of Long-Term-Care Policy.--
22	(4) The Office of Long-Term-Care Policy shall have an
23	advisory council, whose chair shall be the Director of the
24	Office of Long-Term-Care Policy. The purposes of the advisory
25	council are to provide assistance and direction to the office
26	and to ensure that the appropriate state agencies are properly
27	implementing recommendations from the office.
28	(a) The advisory council shall consist of:
29	1. A member of the Senate, appointed by the President of
30	the Senate;
31	2. A member of the House of Representatives, appointed by
32	the Speaker of the House of Representatives;
33	3. The Director of the Office of Long-Term-Care Policy;
34	3.4.The Secretary of Health Care Administration;
35	4.5.The Secretary of Elderly Affairs;
36	5.6.The Secretary of Children and Family Services;
37	6.7.The Secretary of Health;
38	7.8.The Executive Director of the Department of Veterans'
39	Affairs;
40	8.9.Three people with broad knowledge and experience in
41	the delivery of long-term-care services, appointed by the
42	Governor from groups representing elderly persons; and
43	9.10.Two representatives of people using long-term-care
44	services, appointed by the Governor from groups representing
45	elderly persons.
46	(b) The council shall elect a chair from among its
47	membership to serve for a 1-year term. A chair may not serve
48	more than 2 consecutive terms as chair.
49	(c)(b)Members shall serve without compensation, but are
50	entitled to receive reimbursement for travel and per diem as
51	provided in s. 112.061.
52	(d)(c)The advisory council shall meet at the call of its
53	chair or at the request of a majority of its members. During its
54	first year of existence, the advisory council shall meet at
55	least monthly.
56	(e)(d)Members of the advisory council appointed by the
57	Governor shall serve at the pleasure of the Governor and shall
58	be appointed to 4-year staggered terms in accordance with s.
59	20.052.
60	Section 2. Subsection (9) is added to section 430.07,
61	Florida Statutes, to read:
62	430.07 Office of Volunteer Community Service.--There is
63	created within the Department of Elderly Affairs the Office of
64	Volunteer Community Service. The office shall:
65	(9) Encourage volunteerism by older persons regardless of
66	socioeconomic status. In order to accomplish this,
67	notwithstanding any other provision of law, the office is
68	authorized to provide to those volunteers whose presence is
69	determined to be necessary to the department direct payment of
70	lodging and transportation expenses to a vendor on behalf of
71	such volunteer, or prepayment, or reimbursement of lodging and
72	transportation expenses directly to such volunteer. The office
73	shall not expend or authorize an expenditure in excess of the
74	amount appropriated in any fiscal year.
75	Section 3. Subsection (5) of section 430.205, Florida
76	Statutes, is amended to read:
77	430.205 Community care service system.--
78	(5) Any person who has been classified as a functionally
79	impaired elderly person is eligible to receive community-care-
80	for-the-elderly core services.
81	(a)Those elderly persons who are determined by protective
82	investigations to be vulnerable adults in need of services,
83	pursuant to s. 415.104(3)(b), or to be victims of abuse,
84	neglect, or exploitation who are in need of immediate services
85	to prevent further harm and are referred by the adult protective
86	services program, shall be given primary consideration for
87	receiving community-care-for-the-elderly services. As used in
88	this paragraphsubsection, "primary consideration" means that an
89	assessment and services must commence within 72 hours after
90	referral to the department or as established in accordance with
91	department contracts by local protocols developed between
92	department service providers and the adult protective services
93	program.
94	(b) The department shall determine an order of
95	prioritization for all other functionally impaired elderly
96	persons seeking community-care-for-the-elderly services that is
97	based upon the potential recipient’s frailty level and
98	likelihood of institutional placement without such services.
99	After determining such frailty level and likelihood of
100	institutional placement, should the list of potential recipients
101	require further prioritization, another factor that must be
102	considered is the potential recipient’s ability to pay for such
103	services. Those who are less able to pay for such services must
104	receive higher priority than those who are better able to pay
105	for such services. A potential recipient’s ability to pay may be
106	determined by the department based on the potential recipient’s
107	self-declared statement of income and expenses.
108	Section 4. Effective upon becoming a law, section 65 of
109	chapter 2001-45, Laws of Florida, is repealed.
110	Section 5. Except as otherwise provided herein, this act
111	shall take effect July 1, 2003.