| 1 | A bill to be entitled |
| 2 | An act relating to services and research related to the |
| 3 | elderly; amending s. 400.141, F.S.; extending an exception |
| 4 | to nursing home facility liability insurance coverage |
| 5 | requirements; creating s. 430.7032, F.S.; creating the |
| 6 | Program of All-Inclusive Care for the Elderly; providing a |
| 7 | popular name; authorizing the Department of Elderly |
| 8 | Affairs and the Agency for Health Care Administration to |
| 9 | contract with certain entities to provide benefits under |
| 10 | the program; requiring the agency and department to |
| 11 | contract with nonprofit organizations in certain counties; |
| 12 | requiring the agency to approve a certain number of |
| 13 | enrollees within a certain period; providing an exemption |
| 14 | for providers under the program; amending s. 430.707, |
| 15 | F.S.; deleting a transferred subsection; amending s. |
| 16 | 430.502, F.S.; designating an additional memory disorder |
| 17 | clinic; requiring the Louis de la Parte Florida Mental |
| 18 | Health Institute to establish a workgroup on emergency |
| 19 | mental health services for persons with dementia; |
| 20 | providing for appointment to such workgroup; providing |
| 21 | duties; providing that members shall serve without |
| 22 | compensation; requiring a report to the Governor and |
| 23 | Legislature; providing for future repeal; creating s. |
| 24 | 430.042, F.S.; establishing the Office of Destination |
| 25 | Florida; assigning duties; appointing a director; |
| 26 | providing for rules; amending s. 1004.445, F.S.; providing |
| 27 | for additional members of the board of directors of the |
| 28 | Johnnie B. Byrd, Sr., Alzheimer's Center and Research |
| 29 | Institute; providing effective dates. |
| 30 |
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| 31 | Be It Enacted by the Legislature of the State of Florida: |
| 32 |
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| 33 | Section 1. Subsection (20) of section 400.141, Florida |
| 34 | Statutes, is amended to read: |
| 35 | 400.141 Administration and management of nursing home |
| 36 | facilities.--Every licensed facility shall comply with all |
| 37 | applicable standards and rules of the agency and shall: |
| 38 | (20) Maintain general and professional liability insurance |
| 39 | coverage that is in force at all times. In lieu of general and |
| 40 | professional liability insurance coverage, a state-designated |
| 41 | teaching nursing home and its affiliated assisted living |
| 42 | facilities created under s. 430.80 may demonstrate proof of |
| 43 | financial responsibility as provided in s. 430.80(3)(h); the |
| 44 | exception provided in this paragraph shall expire July 1, 2005. |
| 45 |
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| 46 | Facilities that have been awarded a Gold Seal under the program |
| 47 | established in s. 400.235 may develop a plan to provide |
| 48 | certified nursing assistant training as prescribed by federal |
| 49 | regulations and state rules and may apply to the agency for |
| 50 | approval of their program. |
| 51 | Section 2. Section 430.7032, Florida Statutes, is created |
| 52 | to read: |
| 53 | 430.7032 Program of All-inclusive Care for the Elderly.-- |
| 54 | (1) This section may be referred to by the popular name |
| 55 | the "Program of All-inclusive Care for the Elderly Act", or |
| 56 | "PACE Act." |
| 57 | (2) The Department of Elderly Affairs, in consultation |
| 58 | with the Agency for Health Care Administration, may contract |
| 59 | with entities that have submitted applications as community |
| 60 | nursing home diversion projects as of July 1, 1998, to provide |
| 61 | benefits pursuant to the Program of All-inclusive Care for the |
| 62 | Elderly as established in Pub. L. No. 105-33. For the purposes |
| 63 | of this community nursing home diversion project, such an entity |
| 64 | shall be exempt from the requirements of chapter 641 if the |
| 65 | entity is a private, not-for-profit, superior-rated nursing home |
| 66 | with at least 50 percent of its residents eligible for Medicaid. |
| 67 | (3) The agency and the department shall contract with one |
| 68 | private, not-for-profit organization located in Lee County and |
| 69 | one such organization located in Martin County, each of which |
| 70 | provides comprehensive services, including hospice care for |
| 71 | frail and elderly persons, to provide services under the Program |
| 72 | of All-inclusive Care for the Elderly. The agency and the |
| 73 | department shall provide technical assistance to assist these |
| 74 | organizations in preparing the necessary applications. |
| 75 | (4) No later than September 2005, subject to federal |
| 76 | approval of the application to be a Program of All-inclusive |
| 77 | Care for the Elderly site, the agency shall approve 100 initial |
| 78 | enrollees in the Program of All-inclusive Care for the Elderly |
| 79 | in Lee and Martin Counties. There shall be 50 initial enrollees |
| 80 | in each county. |
| 81 | (5) Subject to the ability of the Martin County and Lee |
| 82 | County sites to sufficiently expand capacity for additional |
| 83 | enrollment, the agency shall approve the enrollment of an |
| 84 | additional 200 enrollees no later than September 30, 2007. |
| 85 | (6) Authorization for enrollment levels greater than 200 |
| 86 | is subject to documentation of each program's effectiveness and |
| 87 | a specific appropriation. |
| 88 | Section 3. A provider entity of a Program of All-inclusive |
| 89 | Care for the Elderly is exempt from the requirements of chapter |
| 90 | 641, Florida Statutes, if such entity is a private, not-for- |
| 91 | profit corporation as defined in chapter 617, Florida Statutes, |
| 92 | and a hospice as defined in s. 400.601(3), Florida Statutes. |
| 93 | Section 4. Section 430.707, Florida Statutes, is amended |
| 94 | to read: |
| 95 | 430.707 Contracts.-- |
| 96 | (1) The department, in consultation with the agency, shall |
| 97 | select and contract with managed care organizations and, on a |
| 98 | prepaid basis, with other qualified providers as defined in s. |
| 99 | 430.703(7) to provide long-term care within community diversion |
| 100 | pilot project areas. The agency shall evaluate and report |
| 101 | quarterly to the department the compliance by other qualified |
| 102 | providers with all the financial and quality assurance |
| 103 | requirements of the contract. |
| 104 | (2) The department, in consultation with the agency, may |
| 105 | contract with entities which have submitted an application as a |
| 106 | community nursing home diversion project as of July 1, 1998, to |
| 107 | provide benefits pursuant to the "Program of All-inclusive Care |
| 108 | for the Elderly" as established in Pub. L. No. 105-33. For the |
| 109 | purposes of this community nursing home diversion project, such |
| 110 | entities shall be exempt from the requirements of chapter 641, |
| 111 | if the entity is a private, nonprofit, superior-rated nursing |
| 112 | home with at least 50 percent of its residents eligible for |
| 113 | Medicaid. |
| 114 | Section 5. Paragraphs (j) and (k) of subsection (1) of |
| 115 | section 430.502, Florida Statutes, are amended, and paragraph |
| 116 | (l) is added to said subsection, to read: |
| 117 | 430.502 Alzheimer's disease; memory disorder clinics and |
| 118 | day care and respite care programs.-- |
| 119 | (1) There is established: |
| 120 | (j) A memory disorder clinic at Lee Memorial Hospital |
| 121 | created by chapter 63-1552, Laws of Florida, as amended; and |
| 122 | (k) A memory disorder clinic at Sarasota Memorial Hospital |
| 123 | in Sarasota County; and |
| 124 | (l) A memory disorder clinic at Morton Plant Hospital in |
| 125 | Pinellas County, |
| 126 |
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| 127 | for the purpose of conducting research and training in a |
| 128 | diagnostic and therapeutic setting for persons suffering from |
| 129 | Alzheimer's disease and related memory disorders. However, |
| 130 | memory disorder clinics funded as of June 30, 1995, shall not |
| 131 | receive decreased funding due solely to subsequent additions of |
| 132 | memory disorder clinics in this subsection. |
| 133 | Section 6. (1) The Louis de la Parte Florida Mental |
| 134 | Health Institute within the University of South Florida shall |
| 135 | establish a workgroup to focus on the needs of older adults who |
| 136 | have dementia or related disorders and who are subject to the |
| 137 | Florida Mental Health Act for involuntary treatment. This |
| 138 | workgroup shall recommend legislation designed to meet the needs |
| 139 | of those older adults whose behaviors present a risk for self- |
| 140 | harm, a risk of harm to others, or a risk of self-neglect. |
| 141 | (2) The Secretary of Elderly Affairs and the Secretary of |
| 142 | Children and Family Services shall each appoint at least one |
| 143 | member and not more than seven members to the workgroup. |
| 144 | (3) The workgroup shall: |
| 145 | (a) Identify and address the problems associated with |
| 146 | involuntary examination and placement of older adults, |
| 147 | especially older adults with Alzheimer's disease or related |
| 148 | disorders, by facilities. |
| 149 | (b) Evaluate the potential for involuntary placement based |
| 150 | upon additional criteria, including the history of the dementia |
| 151 | sufferer as provided by the family. |
| 152 | (c) Identify and evaluate the barriers and restrictions to |
| 153 | patient care that result from involuntary placement. |
| 154 | (d) Evaluate less restrictive alternatives that can meet |
| 155 | the crisis stabilization needs of the individual with dementia |
| 156 | or related disorders. |
| 157 | (e) Review resources that potentially provide the best |
| 158 | opportunities for the older adult to return as quickly as |
| 159 | possible to his or her least restrictive environment. |
| 160 | (f) Evaluate the current curriculum used to train |
| 161 | employees of receiving facilities in identifying how employees |
| 162 | deal with clients with a diagnosis of Alzheimer's disease or a |
| 163 | related dementia. |
| 164 | (g) Provide a summary of methods and systems used in other |
| 165 | states to serve this population. |
| 166 | (h) Recommend a dementia-specific system that would |
| 167 | provide the best opportunity for maintaining the dignity and |
| 168 | well-being of our older adult population. |
| 169 | (4) Members of the workgroup shall serve without |
| 170 | compensation. |
| 171 | (5) The workgroup shall submit a report to the Governor, |
| 172 | the President of the Senate, and the Speaker of the House of |
| 173 | Representatives no later than January 1, 2005. This section is |
| 174 | repealed February 1, 2005. |
| 175 | Section 7. Section 430.042, Florida Statutes, is created |
| 176 | to read: |
| 177 | 430.042 Office of Destination Florida.--The Office of |
| 178 | Destination Florida is established within the Department of |
| 179 | Elderly Affairs for the purpose of ensuring Florida's position |
| 180 | as a premier retirement destination and to address and dispel |
| 181 | commonly held misperceptions and stereotypes about mature |
| 182 | Floridians. |
| 183 | (1) The duties of the office shall be to: |
| 184 | (a) Promote the important role of Florida's retirement |
| 185 | industry as an instrument for economic development and |
| 186 | diversification. |
| 187 | (b) Promote the enhancement of the quality of life for |
| 188 | Florida's mature residents through partnering with state and |
| 189 | local governments, businesses, industry leaders, civic |
| 190 | organizations, and other relevant entities. |
| 191 | (c) Develop and conduct a public awareness and marketing |
| 192 | campaign that: |
| 193 | 1. Educates and promotes awareness by Florida's |
| 194 | policymakers and residents of the value and contributions of |
| 195 | mature residents. |
| 196 | 2. Attracts amenity-seeking mature citizens to Florida by |
| 197 | promoting the state's unique quality of life and elder-friendly |
| 198 | environment. |
| 199 | (d) Coordinate efforts with state agencies and Florida's |
| 200 | private sector in encouraging mature citizens to relocate to |
| 201 | Florida. |
| 202 | (e) Identify any state laws, rules, or policies that |
| 203 | restrict the quality of life for Florida's mature residents or |
| 204 | that discourage additional mature citizens from relocating to |
| 205 | Florida, and propose corrective actions. |
| 206 | (f) Encourage contributions and grants through private, |
| 207 | state, and federal sources for the purpose of carrying out the |
| 208 | duties of the office. |
| 209 | (2) The Secretary of Elderly Affairs shall appoint a |
| 210 | director who shall be the head of the Office of Destination |
| 211 | Florida. The director shall serve at the pleasure of the |
| 212 | secretary. |
| 213 | (3) In order to accomplish the duties prescribed by this |
| 214 | section, the office is authorized to raise funds; to request and |
| 215 | receive grants, gifts, and bequests of moneys; and to make |
| 216 | expenditures for the direct or indirect benefit of mature |
| 217 | Floridians or the office. All funds raised under this subsection |
| 218 | shall be deposited into the Grants and Donations Trust Fund |
| 219 | within the Department of Elderly Affairs. Expenditures of the |
| 220 | office shall not be used for the purpose of lobbying as defined |
| 221 | in s. 11.045. |
| 222 | (4) The department may adopt rules pursuant to ss. |
| 223 | 120.536(1) and 120.54 necessary to implement this section. |
| 224 | Section 8. Effective upon this act becoming a law, |
| 225 | paragraph (b) of subsection (2) of section 1004.445, Florida |
| 226 | Statutes, as amended by chapter 2004-2, Laws of Florida,, is |
| 227 | amended to read: |
| 228 | 1004.445 Johnnie B. Byrd, Sr., Alzheimer's Center and |
| 229 | Research Institute.-- |
| 230 | (2) |
| 231 | (b)1. The affairs of the not-for-profit corporation shall |
| 232 | be managed by a board of directors who shall serve without |
| 233 | compensation. The board of directors shall consist of the |
| 234 | President of the University of South Florida and the chair of |
| 235 | the State Board of Education, or their designees, 5 |
| 236 | representatives of the state universities, and no fewer than 9 |
| 237 | nor more than 14 representatives of the public who are neither |
| 238 | medical doctors nor state employees. Each director who is a |
| 239 | representative of a state university or of the public shall be |
| 240 | appointed to serve a term of 3 years. The chair of the board of |
| 241 | directors shall be selected by a majority vote of the directors. |
| 242 | Each director shall have only one vote. |
| 243 | 2. The initial board of directors shall consist of the |
| 244 | President of the University of South Florida and the chair of |
| 245 | the State Board of Education, or their designees; the five |
| 246 | university representatives, of whom one shall be appointed by |
| 247 | the Governor, two by the President of the Senate, and two by the |
| 248 | Speaker of the House of Representatives; and nine public |
| 249 | representatives, of whom three shall be appointed by the |
| 250 | Governor, three by the President of the Senate, and three by the |
| 251 | Speaker of the House of Representatives. |
| 252 | 3. Upon the expiration of the terms of the initial |
| 253 | appointed directors, all directors subject to 3-year terms of |
| 254 | office under this paragraph shall be appointed by a majority |
| 255 | vote of the directors. and |
| 256 | 4. The board may be expanded to include additional public |
| 257 | representative directors up to the maximum number allowed. |
| 258 | Additional members shall be added by a majority vote of the |
| 259 | directors. |
| 260 | 5. Any vacancy in office shall be filled for the remainder |
| 261 | of the term by majority vote of the directors. Any director may |
| 262 | be reappointed. |
| 263 | Section 9. Except as otherwise provided herein, this act |
| 264 | shall take effect July 1, 2004. |