HB 0749 2003
1	A bill to be entitled
2	An act relating to relative caregivers; creating pt. XIII
3	of ch. 400, F.S., consisting of s. 400.990, F.S.;
4	providing for the certification of relative caregivers by
5	the Department of Children and Family Services; providing
6	legislative intent and purpose; providing definitions;
7	requiring that training and education programs be provided
8	by the Department of Children and Family Services to
9	relative caregivers; providing minimum criteria for such
10	training; providing for oversight of relative caregivers
11	by the Department of Children and Family Services and
12	support coordinators; establishing minimum qualifications
13	for certification; providing for compensation for services
14	provided by relative caregivers; providing penalties for
15	certain actions by relative caregivers; providing
16	rulemaking authority to the Department of Children and
17	Family Services; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1. Part XIII of chapter 400, Florida Statutes,
22	consisting of section 400.990, Florida Statutes, is created to
23	read:
24	PART XIII
25	RELATIVE CAREGIVERS
26	400.990 Relative caregivers.--
27	(1) LEGISLATIVE INTENT; PURPOSE.-—
28	(a) The Legislature intends to encourage the provision of
29	care for disabled children and adults involved in the Medicaid
30	Waiver Program by a relative caregiver in a family living
31	arrangement in a private home.
32	(b) The relative caregiver will provide personal care
33	within the home of the disabled child or adult. The relative
34	caregiver must live in the disabled child's or adult's home. The
35	purpose of this part is to provide for the health, safety, and
36	welfare of residents under the care and supervision of the
37	relative caregiver.
38	(c) The Legislature recognizes that relative caregivers
39	are an important part of the continuum of long-term and short-
40	term care. Support for the personal care available in such homes
41	provided by this part is intended to assist disabled children
42	and adults and their families financially while attempting to
43	delay placement of the disabled child or adult in a nursing home
44	or other institution. Such care would also allow the nurse who
45	would otherwise provide personal care for the disabled
46	individual to be placed elsewhere, thus helping to alleviate the
47	state’s nursing shortage. Regulations governing relative
48	caregiver homes must be sufficiently flexible to allow residents
49	to age at home if resources are available to meet their needs
50	and accommodate their preferences.
51	(d) The Legislature further finds and declares that
52	certification under this part is a public trust and privilege,
53	not an entitlement. This principle must guide the finder of fact
54	or trier of law at any administrative proceeding or circuit
55	court action initiated by the department to enforce this part.
56	(e) Rules of the department relating to relative
57	caregivers shall be as minimal and flexible as possible to
58	ensure the protection of residents while minimizing the
59	obstacles that could inhibit the certification of a relative
60	caregiver.
61	(2) DEFINITIONS.--As used in this part:
62	(a) “Department” means the Department of Children and
63	Family Services.
64	(b) "Relative" means an individual who is the father,
65	mother, son, daughter, brother, sister, grandfather,
66	grandmother, great-grandfather, great-grandmother, uncle, aunt,
67	first cousin, nephew, niece, husband, wife, father-in-law,
68	mother-in-law, son-in-law, daughter-in-law, brother-in-law,
69	sister-in-law, stepfather, stepmother, stepson, stepdaughter,
70	stepbrother, stepsister, half-brother, or half-sister of the
71	disabled child or adult.
72	(3) TRAINING AND EDUCATION PROGRAMS.--
73	(a) The department must provide training and education
74	programs for all relative caregivers.
75	(b) Training and education programs must include
76	information relating to:
77	1. State law and rules governing relative caregivers.
78	2. Identifying and meeting the special needs of disabled
79	children and adults.
80	3. Monitoring the health of residents.
81	(c) Relative caregivers must complete the training and
82	education program within a reasonable time determined by the
83	department. Failure to complete the training and education
84	program within the time set by the department is a violation of
85	this part and subjects the relative caregiver to revocation of
86	his or her certification.
87	(d) If the support coordinator or the department
88	determines that there are problems in a home in which there is a
89	relative caregiver which could be reduced through specific
90	training or education beyond that required under this section,
91	the department may require the relative caregiver to complete
92	such training or education.
93	(e) The department shall specify by rule training and
94	education programs, training requirements, and the assignment of
95	training responsibilities for the relative caregiver.
96	(4) OVERSIGHT; FRAUD PREVENTION.-- In order to ensure that
97	the Medicaid waiver beneficiary in the care of the relative
98	caregiver is receiving adequate care, the support coordinator
99	shall make visits to the home in which the disabled child or
100	adult under the care of the relative caregiver resides. The
101	frequency of such visits shall be left to the discretion of the
102	support coordinator and the department.
103	(5) CERTIFICATION PROGRAM.--The department shall provide
104	by rule for the certification of relative caregivers. At a
105	minimum, such rule shall require that as a condition of
106	certification, an applicant for certification as a relative
107	caregiver shall establish, to the satisfaction of the
108	department, that:
109	(a) The applicant has the time and commitment to provide
110	the services required.
111	(b) The applicant has a relative in need of the services
112	of a caregiver and the relative is willing to receive such
113	services from the applicant.
114	(c) The applicant has the skills necessary to provide such
115	services or has agreed to complete the training necessary to
116	obtain such skills.
117	(d) The applicant has not been convicted of or been
118	subject to a sentence for a crime involving moral turpitude
119	during the preceding 10 years.
120	(e) The applicant has not been convicted of a crime as
121	provided in s. 775.084(b)1., a similar crime in any other
122	jurisdiction, or a crime involving abuse of children, the
123	elderly, or the disabled.
124	(6) COMPENSATION.--The department shall establish by rule
125	a schedule for compensation for services delivered by a relative
126	caregiver. In no instance shall the compensation authorized by
127	this section exceed compensation that would be paid to others
128	who are registered, licensed, or certified by the department or
129	other state agencies to provide similar care.
130	(7) VIOLATIONS; PENALTIES.--In addition to any other
131	liability or penalty provided by law, the department may impose
132	a civil penalty on a relative caregiver according to the
133	following classifications:
134	(a) For a first violation in which the department
135	determines the care by the relative caregiver directly threatens
136	the physical or emotional health, safety, or security of the
137	residents or establishes the possibility that death or serious
138	physical or emotional harm could result therefrom, the condition
139	or practice that constitutes such a violation must be abated or
140	eliminated within 24 hours, unless the department determines
141	that a fixed period is required for correction, and the relative
142	caregiver shall be subject to mandatory additional training and
143	education as determined by the department.
144	(b) For a second violation in which the department
145	determines the care by the relative caregiver directly threatens
146	the physical or emotional health, safety, or security of the
147	residents or establishes the possibility that death or serious
148	physical or emotional harm could result therefrom, the relative
149	caregiver is subject to a suspension of certification for a
150	period of 6 months and mandatory additional training and
151	education as determined by the department.
152	(c) For a third violation in which the department
153	determines the care by the relative caregiver directly threatens
154	the physical or emotional health, safety, or security of the
155	residents or establishes the possibility that death or serious
156	physical or emotional harm could result therefrom, the relative
157	caregiver's certification will be permanently revoked by the
158	department.
159	(8) RULES.--The department shall adopt rules as needed to
160	implement this section.
161	Section 2. This act shall take effect upon becoming a law.