HB 1621CS

CHAMBER ACTION



1The Committee on Appropriations recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to services and research related to the
7elderly; creating s. 430.7032, F.S.; creating the Program
8of All-Inclusive Care for the Elderly; providing a popular
9name; authorizing the Department of Elderly Affairs and
10the Agency for Health Care Administration to contract with
11certain entities to provide benefits under the program;
12requiring the agency and department to contract with
13nonprofit organizations in certain counties; requiring the
14agency to approve a certain number of enrollees within a
15certain period; providing an exemption for providers under
16the program; amending s. 430.707, F.S.; deleting a
17transferred subsection; amending s. 430.502, F.S.;
18designating an additional memory disorder clinic;
19requiring the Louis de la Parte Florida Mental Health
20Institute to establish a workgroup on emergency mental
21health services for persons with dementia; providing for
22appointment to such workgroup; providing duties; providing
23that members shall serve without compensation; requiring a
24report to the Governor and Legislature; providing for
25future repeal; creating s. 430.042, F.S.; establishing the
26Office of Destination Florida; assigning duties;
27appointing a director; providing for rules; amending s.
281004.445, F.S.; providing for additional members of the
29board of directors of the Johnnie B. Byrd, Sr.,
30Alzheimer's Center and Research Institute; providing
31effective dates.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Section 430.7032, Florida Statutes, is created
36to read:
37     430.7032  Program of All-inclusive Care for the Elderly.--
38     (1)  This section may be referred to by the popular name
39the "Program of All-inclusive Care for the Elderly Act", or
40"PACE Act."
41     (2)  The Department of Elderly Affairs, in consultation
42with the Agency for Health Care Administration, may contract
43with entities that have submitted applications as community
44nursing home diversion projects as of July 1, 1998, to provide
45benefits pursuant to the Program of All-inclusive Care for the
46Elderly as established in Pub. L. No. 105-33. For the purposes
47of this community nursing home diversion project, such an entity
48shall be exempt from the requirements of chapter 641 if the
49entity is a private, not-for-profit, superior-rated nursing home
50with at least 50 percent of its residents eligible for Medicaid.
51     (3)  The agency and the department shall contract with one
52private, not-for-profit organization located in Lee County and
53one such organization located in Martin County, each of which
54provides comprehensive services, including hospice care for
55frail and elderly persons, to provide services under the Program
56of All-inclusive Care for the Elderly. The agency and the
57department shall provide technical assistance to assist these
58organizations in preparing the necessary applications.
59     (4)  No later than September 2005, subject to federal
60approval of the application to be a Program of All-inclusive
61Care for the Elderly site, the agency shall approve 100 initial
62enrollees in the Program of All-inclusive Care for the Elderly
63in Lee and Martin Counties. There shall be 50 initial enrollees
64in each county.
65     (5)  Subject to the ability of the Martin County and Lee
66County sites to sufficiently expand capacity for additional
67enrollment, the agency shall approve the enrollment of an
68additional 200 enrollees no later than September 30, 2007.
69     (6)  Authorization for enrollment levels greater than 200
70is subject to documentation of each program's effectiveness and
71a specific appropriation.
72     Section 2.  A provider entity of a Program of All-inclusive
73Care for the Elderly is exempt from the requirements of chapter
74641, Florida Statutes, if such entity is a private, not-for-
75profit corporation as defined in chapter 617, Florida Statutes,
76and a hospice as defined in s. 400.601(3), Florida Statutes.
77     Section 3.  Section 430.707, Florida Statutes, is amended
78to read:
79     430.707  Contracts.--
80     (1)  The department, in consultation with the agency, shall
81select and contract with managed care organizations and, on a
82prepaid basis, with other qualified providers as defined in s.
83430.703(7) to provide long-term care within community diversion
84pilot project areas. The agency shall evaluate and report
85quarterly to the department the compliance by other qualified
86providers with all the financial and quality assurance
87requirements of the contract.
88     (2)  The department, in consultation with the agency, may
89contract with entities which have submitted an application as a
90community nursing home diversion project as of July 1, 1998, to
91provide benefits pursuant to the "Program of All-inclusive Care
92for the Elderly" as established in Pub. L. No. 105-33. For the
93purposes of this community nursing home diversion project, such
94entities shall be exempt from the requirements of chapter 641,
95if the entity is a private, nonprofit, superior-rated nursing
96home with at least 50 percent of its residents eligible for
97Medicaid.
98     Section 4.  Paragraphs (j) and (k) of subsection (1) of
99section 430.502, Florida Statutes, are amended, and paragraph
100(l) is added to said subsection, to read:
101     430.502  Alzheimer's disease; memory disorder clinics and
102day care and respite care programs.--
103     (1)  There is established:
104     (j)  A memory disorder clinic at Lee Memorial Hospital
105created by chapter 63-1552, Laws of Florida, as amended; and
106     (k)  A memory disorder clinic at Sarasota Memorial Hospital
107in Sarasota County; and
108     (l)  A memory disorder clinic at Morton Plant Hospital in
109Pinellas County,
110
111for the purpose of conducting research and training in a
112diagnostic and therapeutic setting for persons suffering from
113Alzheimer's disease and related memory disorders. However,
114memory disorder clinics funded as of June 30, 1995, shall not
115receive decreased funding due solely to subsequent additions of
116memory disorder clinics in this subsection.
117     Section 5.  (1)  The Louis de la Parte Florida Mental
118Health Institute within the University of South Florida shall
119establish a workgroup to focus on the needs of older adults who
120have dementia or related disorders and who are subject to the
121Florida Mental Health Act for involuntary treatment. This
122workgroup shall recommend legislation designed to meet the needs
123of those older adults whose behaviors present a risk for self-
124harm, a risk of harm to others, or a risk of self-neglect.
125     (2)  The Secretary of Elderly Affairs and the Secretary of
126Children and Family Services shall each appoint at least one
127member and not more than seven members to the workgroup.
128     (3)  The workgroup shall:
129     (a)  Identify and address the problems associated with
130involuntary examination and placement of older adults,
131especially older adults with Alzheimer's disease or related
132disorders, by facilities.
133     (b)  Evaluate the potential for involuntary placement based
134upon additional criteria, including the history of the dementia
135sufferer as provided by the family.
136     (c)  Identify and evaluate the barriers and restrictions to
137patient care that result from involuntary placement.
138     (d)  Evaluate less restrictive alternatives that can meet
139the crisis stabilization needs of the individual with dementia
140or related disorders.
141     (e)  Review resources that potentially provide the best
142opportunities for the older adult to return as quickly as
143possible to his or her least restrictive environment.
144     (f)  Evaluate the current curriculum used to train
145employees of receiving facilities in identifying how employees
146deal with clients with a diagnosis of Alzheimer's disease or a
147related dementia.
148     (g)  Provide a summary of methods and systems used in other
149states to serve this population.
150     (h)  Recommend a dementia-specific system that would
151provide the best opportunity for maintaining the dignity and
152well-being of our older adult population.
153     (4)  Members of the workgroup shall serve without
154compensation.
155     (5)  The workgroup shall submit a report to the Governor,
156the President of the Senate, and the Speaker of the House of
157Representatives no later than January 1, 2005. This section is
158repealed February 1, 2005.
159     Section 6.  Section 430.042, Florida Statutes, is created
160to read:
161     430.042  Office of Destination Florida.--The Office of
162Destination Florida is established within the Department of
163Elderly Affairs for the purpose of ensuring Florida's position
164as a premier retirement destination and to address and dispel
165commonly held misperceptions and stereotypes about mature
166Floridians.
167     (1)  The duties of the office shall be to:
168     (a)  Promote the important role of Florida's retirement
169industry as an instrument for economic development and
170diversification.
171     (b)  Promote the enhancement of the quality of life for
172Florida's mature residents through partnering with state and
173local governments, businesses, industry leaders, civic
174organizations, and other relevant entities.
175     (c)  Develop and conduct a public awareness and marketing
176campaign that:
177     1.  Educates and promotes awareness by Florida's
178policymakers and residents of the value and contributions of
179mature residents.
180     2.  Attracts amenity-seeking mature citizens to Florida by
181promoting the state's unique quality of life and elder-friendly
182environment.
183     (d)  Coordinate efforts with state agencies and Florida's
184private sector in encouraging mature citizens to relocate to
185Florida.
186     (e)  Identify any state laws, rules, or policies that
187restrict the quality of life for Florida's mature residents or
188that discourage additional mature citizens from relocating to
189Florida, and propose corrective actions.
190     (f)  Encourage contributions and grants through private,
191state, and federal sources for the purpose of carrying out the
192duties of the office.
193     (2)  The Secretary of Elderly Affairs shall appoint a
194director who shall be the head of the Office of Destination
195Florida. The director shall serve at the pleasure of the
196secretary.
197     (3)  In order to accomplish the duties prescribed by this
198section, the office is authorized to raise funds; to request and
199receive grants, gifts, and bequests of moneys; and to make
200expenditures for the direct or indirect benefit of mature
201Floridians or the office. All funds raised under this subsection
202shall be deposited into the Grants and Donations Trust Fund
203within the Department of Elderly Affairs. Expenditures of the
204office shall not be used for the purpose of lobbying as defined
205in s. 11.045.
206     (4)  The department may adopt rules pursuant to ss.
207120.536(1) and 120.54 necessary to implement this section.
208     Section 7.  Effective upon this act becoming a law,
209paragraph (b) of subsection (2) of section 1004.445, Florida
210Statutes, as amended by chapter 2004-2, Laws of Florida,, is
211amended to read:
212     1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and
213Research Institute.--
214     (2)
215     (b)1.  The affairs of the not-for-profit corporation shall
216be managed by a board of directors who shall serve without
217compensation. The board of directors shall consist of the
218President of the University of South Florida and the chair of
219the State Board of Education, or their designees, 5
220representatives of the state universities, and no fewer than 9
221nor more than 14 representatives of the public who are neither
222medical doctors nor state employees. Each director who is a
223representative of a state university or of the public shall be
224appointed to serve a term of 3 years. The chair of the board of
225directors shall be selected by a majority vote of the directors.
226Each director shall have only one vote.
227     2.  The initial board of directors shall consist of the
228President of the University of South Florida and the chair of
229the State Board of Education, or their designees; the five
230university representatives, of whom one shall be appointed by
231the Governor, two by the President of the Senate, and two by the
232Speaker of the House of Representatives; and nine public
233representatives, of whom three shall be appointed by the
234Governor, three by the President of the Senate, and three by the
235Speaker of the House of Representatives.
236     3.  Upon the expiration of the terms of the initial
237appointed directors, all directors subject to 3-year terms of
238office under this paragraph shall be appointed by a majority
239vote of the directors. and
240     4.  The board may be expanded to include additional public
241representative directors up to the maximum number allowed.
242Additional members shall be added by a majority vote of the
243directors.
244     5.  Any vacancy in office shall be filled for the remainder
245of the term by majority vote of the directors. Any director may
246be reappointed.
247     Section 8.  Except as otherwise provided herein, this act
248shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.