HB 0749 2003
1	CHAMBER ACTION
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6	The Committee on Future of Florida's Families recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to care for persons with disabilities;
13	providing a popular name; providing legislative findings;
14	creating the Florida Lifespan Respite Care Program;
15	authorizing the Department of Children and Family Services
16	to contract for the Florida Lifespan Respite Care Program;
17	providing a contingent appropriation; creating s.
18	393.0662, F.S.; creating the Relative Caregiver Program;
19	providing definitions; providing for reimbursement;
20	requiring that training and education programs be provided
21	by the department; providing minimum criteria for such
22	training; requiring oversight of relative caregivers by
23	the department and support coordinators; authorizing the
24	Agency for Health Care Administration to require
25	monitoring of relative caregivers; providing for the
26	certification of relative caregivers by the department;
27	establishing minimum qualifications for certification;
28	requiring the agency to establish a schedule for
29	compensation for services provided by relative caregivers;
30	limiting such compensation; providing for revocation of
31	certification of relative caregivers; requiring and
32	authorizing the adoption of rules by the agency; providing
33	an effective date.
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35	WHEREAS, the Legislature finds that families are an
36	important source of care for children and adults with
37	disabilities, and
38	WHEREAS, the Legislature finds that families and relative
39	caregivers are an important part of the continuum of long-term
40	and short-term care, and
41	WHEREAS, the Legislature finds that it is beneficial to the
42	state to maximize the state’s participation in the Medicaid
43	program, pursuant to Title XIX of the Social Security Act, and
44	WHEREAS, it is a worthy and efficient goal to support the
45	efforts of families and relative caregivers to care for
46	individuals at home, and
47	WHEREAS, care provided at home by family members and
48	relatives can be cost-effective and humane, and families and
49	relative caregivers receiving occasional respite care services
50	are less likely to request admission of an individual to a
51	nursing home, foster care, or other out-of-home care at public
52	expense, and
53	WHEREAS, respite care services reduce family and relative
54	caregiver stress, enhance family and relative caregiver coping
55	abilities, and strengthen family’s and relative caregiver’s
56	abilities to meet the challenging demands of caring for an
57	individual with special circumstances, and
58	WHEREAS, respite care services reduce the risk of
59	maltreatment, abuse, and neglect of children, senior citizens,
60	and other vulnerable groups, and
61	WHEREAS, a lead statewide entity for coordinating respite
62	care services without regard to age or disabling condition is a
63	cost-effective and efficient approach to improve community-based
64	services and enable the dissemination of respite care
65	information and resources to families and relative caregivers,
66	NOW, THEREFORE,
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68	Be It Enacted by the Legislature of the State of Florida:
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70	Section 1. This act may be known by the popular name the
71	“Stephanie Banguera Act.”
72	Section 2. (1) The Florida Lifespan Respite Care Program
73	is created to:
74	(a) Develop statewide respite care advocacy and service
75	delivery networks.
76	(b) Provide, supplement, and improve respite care services
77	to families and relative caregivers.
78	(c) Promote innovative, flexible, and comprehensive
79	approaches to the delivery of respite care.
80	(d) Recruit and train respite care programs, workers, and
81	volunteers.
82	(2) The Department of Children and Family Services shall
83	contract with an established statewide respite coalition to
84	establish and develop the Florida Lifespan Respite Care Program.
85	(3) The contract with the statewide respite coalition to
86	establish the Florida Lifespan Respite Care Program shall
87	require the statewide respite coalition to:
88	(a) Develop criteria, procedures, and timelines for the
89	establishment of five lifespan respite care networks to provide
90	respite care services funded through the Florida Lifespan
91	Respite Care Program.
92	(b) Provide policy and program development supports,
93	including, but not limited to, data collection and information
94	on unmet respite care needs across the lifespan.
95	(c) Identify and promote resolution of local and state-
96	level respite care policy concerns across the lifespan.
97	(d) Provide training and technical assistance to
98	community-based lifespan respite care service networks.
99	(e) Develop and distribute respite care information.
100	(f) Promote the exchange of information and coordination
101	among state and local governments and community-based respite
102	care providers to encourage the efficient provision of respite
103	care services and reduce duplication of effort.
104	Section 3. Subject to a specific appropriation and any
105	limitations established by the General Appropriations Act or
106	chapter 216, Florida Statutes, the Department of Children and
107	Family Services may expend up to $300,000 in general revenue
108	funds to establish and develop the Florida Lifespan Respite Care
109	Program.
110	Section 4. Section 393.0662, Florida Statutes, is created
111	to read:
112	393.0662 Relative Caregiver Program.--
113	(1) DEFINITIONS.--For purposes of this section:
114	(a) "Certification” means that a relative meets all of the
115	requirements to be enrolled as a Medicaid waiver provider as a
116	relative caregiver.
117	(b) "Relative caregiver" means an individual who is the
118	father, mother, son, daughter, brother, sister, grandfather,
119	grandmother, great-grandfather, great-grandmother, uncle, aunt,
120	first cousin, nephew, niece, husband, wife, father-in-law,
121	mother-in-law, son-in-law, daughter-in-law, brother-in-law,
122	sister-in-law, stepfather, stepmother, stepson, stepdaughter,
123	stepbrother, stepsister, half-brother, or half-sister of the
124	disabled child or adult and who lives permanently and
125	continuously with the disabled child or young adult.
126	(2) REIMBURSEMENT.--Subject to the requirements of
127	federally approved Medicaid waivers and a specific
128	appropriation, and any limitations established in the General
129	Appropriations Act or chapter 216, the Agency for Health Care
130	Administration in cooperation with the Department of Children
131	and Family Services may develop a plan to reimburse relative
132	caregivers of children and young adults ages 5 through 21 who
133	are recipients of home and community-based Medicaid waiver
134	services pursuant to a 1915(c) Medicaid waiver designed to serve
135	persons with developmental disabilities.
136	(3) TRAINING AND EDUCATION PROGRAMS.--
137	(a) The department must provide training and education
138	programs for relative caregivers.
139	(b) Training and education programs must include
140	information relating to:
141	1. State law and rules governing relative caregivers.
142	2. Identifying and meeting the personal care needs of
143	disabled children and young adults.
144	3. Monitoring the health of the recipient.
145	(c) Relative caregivers must complete the training and
146	education program within a reasonable time determined by the
147	department. Failure to complete the training and education
148	program within the time set by the department shall subject the
149	relative caregiver to revocation of his or her certification.
150	(d) If the support coordinator or the department
151	determines that a relative caregiver requires specific training
152	or education beyond that required under this section, the
153	department may require the relative caregiver to complete such
154	training or education.
155	(e) The department shall specify by rule training and
156	education programs and training requirements for the relative
157	caregiver.
158	(4) OVERSIGHT; MONITORING.--In order to ensure that the
159	developmental services Medicaid waiver recipient in the care of
160	the relative caregiver is receiving adequate care, the support
161	coordinator shall make visits to the home in which the disabled
162	child or young adult under the care of the relative caregiver
163	resides. The frequency of such visits shall be determined by the
164	support coordinator and the department. The Agency for Health
165	Care Administration may require periodic visits by appropriate
166	professionals to monitor the recipient’s care and well-being.
167	(5) CERTIFICATION PROGRAM.--The department shall provide
168	by rule for the certification of relative caregivers. At a
169	minimum, such rule shall require that as a condition for
170	certification as a relative caregiver, an applicant shall
171	establish, to the satisfaction of the department, that the
172	applicant:
173	(a) Has the time and willingness to provide the services
174	required.
175	(b) Has a relative in need of the services of a caregiver
176	and the relative is willing to receive such services from the
177	applicant.
178	(c) Has the skills necessary to provide such services or
179	has agreed to complete the training necessary to obtain such
180	skills.
181	(d) Will comply with the Medicaid provider agreement
182	requirements of s. 409.907.
183	(6) COMPENSATION.--The Agency for Health Care
184	Administration shall establish a schedule for compensation for
185	services delivered by a relative caregiver. In no instance shall
186	the compensation authorized by this section exceed compensation
187	that would be paid to Medicaid providers who are registered,
188	licensed, or certified to provide similar care.
189	(7) VIOLATIONS; PENALTIES.--In addition to any other
190	liability or penalty provided by law, relative caregivers are
191	subject to the requirements of s. 409.913. The department shall
192	revoke certification of a relative caregiver when the department
193	determines the care by the relative caregiver directly threatens
194	the physical or emotional health, safety, or security of the
195	recipient or establishes the possibility that death or serious
196	physical or emotional harm could result from the care or lack of
197	care rendered by the relative caregiver.
198	(8) RULES.--The agency shall adopt rules as needed to
199	implement this section.
200	Section 5. This act shall take effect July 1, 2003.