Senate Bill sb2664

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    Florida Senate - 2003                                  SB 2664

    By Senator Constantine





    22-1743-03

  1                      A bill to be entitled

  2         An act relating to health care; creating part

  3         XIII of ch. 400, F.S., consisting of s.

  4         400.990, F.S.; providing a short title;

  5         providing legislative intent; providing for

  6         certification of relative caregivers who take

  7         care of certain disabled children or adults in

  8         the disabled person's home; defining the term

  9         "relative"; requiring the Department of

10         Children and Family Services to provide

11         training and education programs for relative

12         caregivers; providing for oversight and fraud

13         prevention; providing violations; providing

14         penalties; providing an effective date.

15  

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

17  

18         Section 1.  Part XIII of chapter 400, Florida Statutes,

19  consisting of section 400.990, Florida Statutes, is created to

20  read:

21         400.990  Relative Caregiver Act; legislative intent;

22  definitions; training; oversight; violations; penalties.--

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

24  "Relative Caregiver Act."

25         (2)  LEGISLATIVE INTENT; PURPOSE.--

26         (a)  The Legislature encourages providing disabled

27  children and adults who are involved in the Medicaid Waiver

28  Program with care that takes place in a family living

29  arrangement in a private home.

30         (b)  Such care can be provided by a relative caregiver

31  within the home of the disabled child or adult. The relative

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    Florida Senate - 2003                                  SB 2664
    22-1743-03




 1  caregiver provider must live in the home. The purpose of this

 2  section is to provide for the health, safety, and welfare of

 3  each individual who is under the care and supervision of a

 4  relative caregiver.

 5         (c)  The Legislature recognizes that relative

 6  caregivers are an important part of the continuum of long-term

 7  or short-term care. Support provided under this part for the

 8  provision of personal care by a relative caregiver in a

 9  private home is intended to assist families financially while

10  attempting to delay placement in a nursing home or other

11  institution. Such care would also allow the nurse that would

12  otherwise provide personal care for the disabled individual to

13  be placed elsewhere, thus helping to alleviate the nursing

14  shortage in this state. Regulations governing relative

15  caregiver homes must be sufficiently flexible to allow

16  residents to age in place if resources are available to meet

17  their needs and accommodate their preferences.

18         (d)  The Legislature further finds and declares that

19  certification under this section is a public trust and a

20  privilege, not an entitlement. This principle must guide the

21  finder of fact or trier of law at any administrative

22  proceeding or legal action initiated by the Department of

23  Children and Family Services to enforce this section.

24         (e)  Rules of the department relating to relative

25  caregivers must be as minimal and flexible as possible to

26  ensure the protection of disabled children and adults while

27  minimizing the obstacles that could inhibit the certification

28  of a relative caregiver.

29         (3)  DEFINITION.--As used in this section, the term

30  "relative" means an individual who is the father, mother, son,

31  daughter, brother, sister, grandfather, grandmother,

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    Florida Senate - 2003                                  SB 2664
    22-1743-03




 1  great-grandfather, great-grandmother, uncle, aunt, first

 2  cousin, nephew, niece, husband, wife, father-in-law,

 3  mother-in-law, son-in-law, daughter-in-law, brother-in-law,

 4  sister-in-law, stepfather, stepmother, stepson, stepdaughter,

 5  stepbrother, stepsister, half brother, or half sister of the

 6  disabled child or adult.

 7         (4)  TRAINING AND EDUCATION PROGRAMS.--

 8         (a)  The department shall provide training and

 9  education programs for all relative caregivers.

10         (b)  Training and education programs must include

11  information relating to:

12         1.  State laws and rules governing relative caregivers.

13         2.  Identifying and meeting the special needs of

14  disabled children or adults.

15         3.  Monitoring the health of the disabled child or

16  adult.

17         (c)  A relative caregiver must complete the training

18  and education program within a reasonable time as determined

19  by the department. Failure to complete the training and

20  education program within the time set by the department is a

21  violation of this section and subjects the relative caregiver

22  to revocation of his or her certification.

23         (d)  If the support coordinator or the department

24  determines that there are problems in a home in which there is

25  a relative caregiver, which problems could be reduced through

26  specific training or education beyond that which is required

27  under this section, the department may require the caregiver

28  to complete such training or education.

29         (e)  The department shall specify by rule training and

30  education programs, training requirements, and the assignment

31  of training responsibilities for relative caregivers.

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    Florida Senate - 2003                                  SB 2664
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 1         (5)  OVERSIGHT; FRAUD PREVENTION.--In order to assure

 2  that a Medicaid waiver beneficiary who is in the care of a

 3  relative caregiver is receiving adequate care, the support

 4  coordinator shall make visits to the home in which the

 5  individual who is receiving care resides. The frequency of

 6  such visits shall be left to the discretion of the support

 7  coordinator or the department.

 8         (6)  VIOLATIONS; PENALTIES.--In addition to any other

 9  liability or penalty provided by law, the department may

10  impose a civil penalty on a relative caregiver according to

11  the following classifications:

12         (a)  If the department determines that the care given

13  by the relative caregiver directly threatens the physical or

14  emotional health, safety, or security of the disabled

15  individual or establishes the possibility that death or

16  serious physical or emotional harm could result from such

17  care, the condition or practice that constitutes such a

18  violation must be abated or eliminated within 24 hours, unless

19  a fixed period, as determined by the department, is required

20  for correcting the violation. A first-time deficiency of this

21  sort is cause for mandatory additional training and education

22  as determined by the department.

23         (b)  If the department determines that a relative

24  caregiver has committed a second violation in which the care

25  that is being given directly threatens the physical or

26  emotional health, safety, or security of the residents or

27  establishes the possibility that death or serious physical or

28  emotional harm could result from such care, the relative

29  caregiver is subject to suspension of certification for a

30  period of 6 months and to mandatory additional training and

31  education as determined by the department.

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    Florida Senate - 2003                                  SB 2664
    22-1743-03




 1         (c)  If the department determines that a relative

 2  caregiver has committed a third violation in which the care

 3  that is being given directly threatens the physical or

 4  emotional health, safety, or security of the resident or

 5  establishes the possibility that death or serious physical or

 6  emotional harm could result from such care, the department

 7  shall permanently revoke the person's certification as a

 8  relative caregiver.

 9         Section 2.  This act shall take effect July 1, 2003.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Creates the "Relative Caregiver Act." Provides
      legislative intent. Provides for the certification of
14    relative caregivers who take care of certain disabled
      children or adults in the disabled person's home. Defines
15    the term "relative." Requires the Department of Children
      and Family Services to provide training and education
16    programs for relative caregivers. Provides for oversight
      and fraud prevention. Provides violations. Provides
17    penalties.

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