| 1 | The Committee on Future of Florida's Families recommends the |
| 2 | following: |
| 3 |
|
| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to services for the elderly; creating s. |
| 8 | 430.7032, F.S.; creating the Program of All-Inclusive Care |
| 9 | for the Elderly; providing a popular name; authorizing the |
| 10 | Department of Elderly Affairs and the Agency for Health |
| 11 | Care Administration to contract with certain entities to |
| 12 | provide benefits under the program; requiring the agency |
| 13 | and department to contract with nonprofit organizations in |
| 14 | certain counties; requiring the agency to approve a |
| 15 | certain number of enrollees within a certain period; |
| 16 | providing an exemption for providers under the program; |
| 17 | amending s. 430.707, F.S.; deleting a transferred |
| 18 | subsection; amending s. 430.502, F.S.; designating an |
| 19 | additional memory disorder clinic; requiring the Louis de |
| 20 | la Parte Florida Mental Health Institute to establish a |
| 21 | workgroup on emergency mental health services for persons |
| 22 | with dementia; providing for appointment to such |
| 23 | workgroup; providing duties; providing that members shall |
| 24 | serve without compensation; requiring a report to the |
| 25 | Governor and Legislature; providing for future repeal; |
| 26 | creating s. 430.042, F.S.; establishing the Office of |
| 27 | Destination Florida; assigning duties; appointing a |
| 28 | director; providing for rules; providing an effective |
| 29 | date. |
| 30 |
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| 31 | Be It Enacted by the Legislature of the State of Florida: |
| 32 |
|
| 33 | Section 1. Section 430.7032, Florida Statutes, is created |
| 34 | to read: |
| 35 | 430.7032 Program of All-inclusive Care for the Elderly.-- |
| 36 | (1) This section may be referred to by the popular name |
| 37 | the "Program of All-inclusive Care for the Elderly, or PACE, |
| 38 | Act." |
| 39 | (2) The Department of Elderly Affairs, in consultation |
| 40 | with the Agency for Health Care Administration, may contract |
| 41 | with entities which have submitted applications as community |
| 42 | nursing home diversion projects as of July 1, 1998, to provide |
| 43 | benefits pursuant to the Program of All-inclusive Care for the |
| 44 | Elderly as established in Pub. L. No. 105-33. For the purposes |
| 45 | of this community nursing home diversion project, such an entity |
| 46 | shall be exempt from the requirements of chapter 641 if the |
| 47 | entity is a private, not-for-profit, superior-rated nursing home |
| 48 | with at least 50 percent of its residents eligible for Medicaid. |
| 49 | (3) The agency and the department shall contract with one |
| 50 | private, not-for-profit organization located in Lee County and |
| 51 | one such organization located in Martin County, each of which |
| 52 | provides comprehensive services including hospice care for frail |
| 53 | and elderly persons, to provide services under the Program of |
| 54 | All-inclusive Care for the Elderly. The agency and the |
| 55 | department shall provide technical assistance to assist these |
| 56 | organizations in preparing the necessary applications. |
| 57 | (4) No later than September 2005, subject to federal |
| 58 | approval of the application to be a Program of All-inclusive |
| 59 | Care for the Elderly site, the agency shall approve 50 initial |
| 60 | enrollees in the Program of All-inclusive Care for the Elderly |
| 61 | in Lee and Martin Counties. |
| 62 | (5) Subject to the ability of the Martin County and Lee |
| 63 | County sites to sufficiently expand capacity for additional |
| 64 | enrollment, the agency shall approve the enrollment of an |
| 65 | additional 200 enrollees no later than September 30, 2007. |
| 66 | (6) Authorization for enrollment levels greater than 200 |
| 67 | is subject to documentation of each program's effectiveness and |
| 68 | a specific appropriation. |
| 69 | Section 2. A provider entity of a Program of All-inclusive |
| 70 | Care for the Elderly is exempt from the requirements of chapter |
| 71 | 641, Florida Statutes, if such entity is a private, not-for- |
| 72 | profit corporation as defined in chapter 617, Florida Statutes, |
| 73 | and a hospice as defined in s. 400.601(3), Florida Statutes. |
| 74 | Section 3. Section 430.707, Florida Statutes, is amended |
| 75 | to read: |
| 76 | 430.707 Contracts.-- |
| 77 | (1) The department, in consultation with the agency, shall |
| 78 | select and contract with managed care organizations and, on a |
| 79 | prepaid basis, with other qualified providers as defined in s. |
| 80 | 430.703(7) to provide long-term care within community diversion |
| 81 | pilot project areas. The agency shall evaluate and report |
| 82 | quarterly to the department the compliance by other qualified |
| 83 | providers with all the financial and quality assurance |
| 84 | requirements of the contract. |
| 85 | (2) The department, in consultation with the agency, may |
| 86 | contract with entities which have submitted an application as a |
| 87 | community nursing home diversion project as of July 1, 1998, to |
| 88 | provide benefits pursuant to the "Program of All-inclusive Care |
| 89 | for the Elderly" as established in Pub. L. No. 105-33. For the |
| 90 | purposes of this community nursing home diversion project, such |
| 91 | entities shall be exempt from the requirements of chapter 641, |
| 92 | if the entity is a private, nonprofit, superior-rated nursing |
| 93 | home with at least 50 percent of its residents eligible for |
| 94 | Medicaid. |
| 95 | Section 4. Paragraphs (j) and (k) of subsection (1) of |
| 96 | section 430.502, Florida Statutes, are amended, and paragraph |
| 97 | (l) is added to said subsection, to read: |
| 98 | 430.502 Alzheimer's disease; memory disorder clinics and |
| 99 | day care and respite care programs.-- |
| 100 | (1) There is established: |
| 101 | (j) A memory disorder clinic at Lee Memorial Hospital |
| 102 | created by chapter 63-1552, Laws of Florida, as amended; and |
| 103 | (k) A memory disorder clinic at Sarasota Memorial Hospital |
| 104 | in Sarasota County; and |
| 105 | (l) A memory disorder clinic at Morton Plant Hospital, |
| 106 | Clearwater, in Pinellas County, |
| 107 |
|
| 108 | for the purpose of conducting research and training in a |
| 109 | diagnostic and therapeutic setting for persons suffering from |
| 110 | Alzheimer's disease and related memory disorders. However, |
| 111 | memory disorder clinics funded as of June 30, 1995, shall not |
| 112 | receive decreased funding due solely to subsequent additions of |
| 113 | memory disorder clinics in this subsection. |
| 114 | Section 5. (1) The Louis de la Parte Florida Mental |
| 115 | Health Institute within the University of South Florida shall |
| 116 | establish a workgroup to focus on the needs of older adults who |
| 117 | have dementia or related disorders and who are subject to The |
| 118 | Florida Mental Health Act for involuntary treatment. This |
| 119 | workgroup shall recommend legislation designed to meet the needs |
| 120 | of those older adults whose behaviors present a risk for self- |
| 121 | harm, a risk of harm to others, or a risk of self-neglect. |
| 122 | (2) The Secretary of Elderly Affairs and the Secretary of |
| 123 | Children and Family Services shall each appoint at least one |
| 124 | member and not more than seven members to the workgroup. |
| 125 | (3) The workgroup shall: |
| 126 | (a) Identify and address the problems associated with |
| 127 | involuntary examination and placement of older adults, |
| 128 | especially older adults with Alzheimer's disease or related |
| 129 | disorders, by facilities. |
| 130 | (b) Evaluate the potential for involuntary placement based |
| 131 | upon additional criteria, including the history of the dementia |
| 132 | sufferer as provided by the family. |
| 133 | (c) Identify and evaluate the barriers and restrictions to |
| 134 | patient care that result from involuntary placement. |
| 135 | (d) Evaluate less restrictive alternatives that can meet |
| 136 | the crisis stabilization needs of the individual with dementia |
| 137 | or related disorders. |
| 138 | (e) Review resources that potentially provide the best |
| 139 | opportunities for the older adult to return as quickly as |
| 140 | possible to his or her least restrictive environment. |
| 141 | (f) Evaluate the current curriculum used to train |
| 142 | employees of receiving facilities in identifying how employees |
| 143 | deal with clients with a diagnosis of Alzheimer's disease or a |
| 144 | related dementia. |
| 145 | (g) Provide a summary of methods and systems used in other |
| 146 | states to serve this population. |
| 147 | (h) Recommend a dementia-specific system that would |
| 148 | provide the best opportunity for maintaining the dignity and |
| 149 | well-being of our older adult population. |
| 150 | (4) Members of the workgroup shall serve without |
| 151 | compensation. |
| 152 | (5) The workgroup shall submit a report to the Governor, |
| 153 | the President of the Senate, and the Speaker of the House of |
| 154 | Representatives no later than January 1, 2005. This section is |
| 155 | repealed February 1, 2005. |
| 156 | Section 6. Section 430.042, Florida Statutes, is created |
| 157 | to read: |
| 158 | 430.042 Office of Destination Florida.--The Office of |
| 159 | Destination Florida is established within the Department of |
| 160 | Elderly Affairs for the purpose of ensuring Florida's position |
| 161 | as a premier retirement destination and to address and dispel |
| 162 | commonly held misperceptions and stereotypes about mature |
| 163 | Floridians. |
| 164 | (1) The duties of the office shall be to: |
| 165 | (a) Promote the important role of Florida's retirement |
| 166 | industry as an instrument for economic development and |
| 167 | diversification. |
| 168 | (b) Promote the enhancement of the quality of life for |
| 169 | Florida's mature residents through partnering with state and |
| 170 | local governments, businesses, industry leaders, civic |
| 171 | organizations, and other relevant entities. |
| 172 | (c) Develop and conduct a public awareness and marketing |
| 173 | campaign that: |
| 174 | 1. Educates and promotes awareness by Florida's |
| 175 | policymakers and residents of the value and contributions of |
| 176 | mature residents. |
| 177 | 2. Attracts amenity-seeking mature citizens to Florida by |
| 178 | promoting the state's unique quality of life and elder-friendly |
| 179 | environment. |
| 180 | (d) Coordinate efforts with state agencies and Florida's |
| 181 | private sector in encouraging mature citizens to relocate to |
| 182 | Florida. |
| 183 | (e) Identify any state laws, rules, or policies that |
| 184 | restrict the quality of life for Florida's mature residents or |
| 185 | that discourage additional mature citizens from relocating to |
| 186 | Florida, and propose corrective actions. |
| 187 | (f) Encourage contributions and grants through private, |
| 188 | state, and federal sources for the purpose of carrying out the |
| 189 | duties of the office. |
| 190 | (2) The Secretary of Elderly Affairs shall appoint a |
| 191 | director who shall be the head of the Office of Destination |
| 192 | Florida. The director shall serve at the pleasure of the |
| 193 | secretary. |
| 194 | (3) In order to accomplish the duties prescribed by this |
| 195 | section, the office is authorized to raise funds; to request and |
| 196 | receive grants, gifts, and bequests of moneys; and to make |
| 197 | expenditures for the direct or indirect benefit of mature |
| 198 | Floridians or the office. All funds raised under this subsection |
| 199 | shall be deposited into the Grants and Donations Trust Fund |
| 200 | within the Department of Elderly Affairs. Expenditures of the |
| 201 | office shall not be used for the purpose of lobbying as defined |
| 202 | in s. 11.045. |
| 203 | (4) The department may adopt rules pursuant to ss. |
| 204 | 120.536(1) and 120.54 necessary to implement this section. |
| 205 | Section 7. This act shall take effect July 1, 2004. |