HB 1621

1
A bill to be entitled
2An act relating to services and research related to the
3elderly; amending s. 400.141, F.S.; extending an exception
4to nursing home facility liability insurance coverage
5requirements; creating s. 430.7032, F.S.; creating the
6Program of All-Inclusive Care for the Elderly; providing a
7popular name; authorizing the Department of Elderly
8Affairs and the Agency for Health Care Administration to
9contract with certain entities to provide benefits under
10the program; requiring the agency and department to
11contract with nonprofit organizations in certain counties;
12requiring the agency to approve a certain number of
13enrollees within a certain period; providing an exemption
14for providers under the program; amending s. 430.707,
15F.S.; deleting a transferred subsection; amending s.
16430.502, F.S.; designating an additional memory disorder
17clinic; requiring the Louis de la Parte Florida Mental
18Health Institute to establish a workgroup on emergency
19mental health services for persons with dementia;
20providing for appointment to such workgroup; providing
21duties; providing that members shall serve without
22compensation; requiring a report to the Governor and
23Legislature; providing for future repeal; creating s.
24430.042, F.S.; establishing the Office of Destination
25Florida; assigning duties; appointing a director;
26providing for rules; amending s. 1004.445, F.S.; providing
27for additional members of the board of directors of the
28Johnnie B. Byrd, Sr., Alzheimer's Center and Research
29Institute; providing effective dates.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Subsection (20) of section 400.141, Florida
34Statutes, is amended to read:
35     400.141  Administration and management of nursing home
36facilities.--Every licensed facility shall comply with all
37applicable standards and rules of the agency and shall:
38     (20)  Maintain general and professional liability insurance
39coverage that is in force at all times. In lieu of general and
40professional liability insurance coverage, a state-designated
41teaching nursing home and its affiliated assisted living
42facilities created under s. 430.80 may demonstrate proof of
43financial responsibility as provided in s. 430.80(3)(h); the
44exception provided in this paragraph shall expire July 1, 2005.
45
46Facilities that have been awarded a Gold Seal under the program
47established in s. 400.235 may develop a plan to provide
48certified nursing assistant training as prescribed by federal
49regulations and state rules and may apply to the agency for
50approval of their program.
51     Section 2.  Section 430.7032, Florida Statutes, is created
52to read:
53     430.7032  Program of All-inclusive Care for the Elderly.--
54     (1)  This section may be referred to by the popular name
55the "Program of All-inclusive Care for the Elderly Act", or
56"PACE Act."
57     (2)  The Department of Elderly Affairs, in consultation
58with the Agency for Health Care Administration, may contract
59with entities that have submitted applications as community
60nursing home diversion projects as of July 1, 1998, to provide
61benefits pursuant to the Program of All-inclusive Care for the
62Elderly as established in Pub. L. No. 105-33. For the purposes
63of this community nursing home diversion project, such an entity
64shall be exempt from the requirements of chapter 641 if the
65entity is a private, not-for-profit, superior-rated nursing home
66with at least 50 percent of its residents eligible for Medicaid.
67     (3)  The agency and the department shall contract with one
68private, not-for-profit organization located in Lee County and
69one such organization located in Martin County, each of which
70provides comprehensive services, including hospice care for
71frail and elderly persons, to provide services under the Program
72of All-inclusive Care for the Elderly. The agency and the
73department shall provide technical assistance to assist these
74organizations in preparing the necessary applications.
75     (4)  No later than September 2005, subject to federal
76approval of the application to be a Program of All-inclusive
77Care for the Elderly site, the agency shall approve 100 initial
78enrollees in the Program of All-inclusive Care for the Elderly
79in Lee and Martin Counties. There shall be 50 initial enrollees
80in each county.
81     (5)  Subject to the ability of the Martin County and Lee
82County sites to sufficiently expand capacity for additional
83enrollment, the agency shall approve the enrollment of an
84additional 200 enrollees no later than September 30, 2007.
85     (6)  Authorization for enrollment levels greater than 200
86is subject to documentation of each program's effectiveness and
87a specific appropriation.
88     Section 3.  A provider entity of a Program of All-inclusive
89Care for the Elderly is exempt from the requirements of chapter
90641, Florida Statutes, if such entity is a private, not-for-
91profit corporation as defined in chapter 617, Florida Statutes,
92and a hospice as defined in s. 400.601(3), Florida Statutes.
93     Section 4.  Section 430.707, Florida Statutes, is amended
94to read:
95     430.707  Contracts.--
96     (1)  The department, in consultation with the agency, shall
97select and contract with managed care organizations and, on a
98prepaid basis, with other qualified providers as defined in s.
99430.703(7) to provide long-term care within community diversion
100pilot project areas. The agency shall evaluate and report
101quarterly to the department the compliance by other qualified
102providers with all the financial and quality assurance
103requirements of the contract.
104     (2)  The department, in consultation with the agency, may
105contract with entities which have submitted an application as a
106community nursing home diversion project as of July 1, 1998, to
107provide benefits pursuant to the "Program of All-inclusive Care
108for the Elderly" as established in Pub. L. No. 105-33. For the
109purposes of this community nursing home diversion project, such
110entities shall be exempt from the requirements of chapter 641,
111if the entity is a private, nonprofit, superior-rated nursing
112home with at least 50 percent of its residents eligible for
113Medicaid.
114     Section 5.  Paragraphs (j) and (k) of subsection (1) of
115section 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
118day care and respite care programs.--
119     (1)  There is established:
120     (j)  A memory disorder clinic at Lee Memorial Hospital
121created by chapter 63-1552, Laws of Florida, as amended; and
122     (k)  A memory disorder clinic at Sarasota Memorial Hospital
123in Sarasota County; and
124     (l)  A memory disorder clinic at Morton Plant Hospital in
125Pinellas County,
126
127for the purpose of conducting research and training in a
128diagnostic and therapeutic setting for persons suffering from
129Alzheimer's disease and related memory disorders. However,
130memory disorder clinics funded as of June 30, 1995, shall not
131receive decreased funding due solely to subsequent additions of
132memory disorder clinics in this subsection.
133     Section 6.  (1)  The Louis de la Parte Florida Mental
134Health Institute within the University of South Florida shall
135establish a workgroup to focus on the needs of older adults who
136have dementia or related disorders and who are subject to the
137Florida Mental Health Act for involuntary treatment. This
138workgroup shall recommend legislation designed to meet the needs
139of those older adults whose behaviors present a risk for self-
140harm, a risk of harm to others, or a risk of self-neglect.
141     (2)  The Secretary of Elderly Affairs and the Secretary of
142Children and Family Services shall each appoint at least one
143member and not more than seven members to the workgroup.
144     (3)  The workgroup shall:
145     (a)  Identify and address the problems associated with
146involuntary examination and placement of older adults,
147especially older adults with Alzheimer's disease or related
148disorders, by facilities.
149     (b)  Evaluate the potential for involuntary placement based
150upon additional criteria, including the history of the dementia
151sufferer as provided by the family.
152     (c)  Identify and evaluate the barriers and restrictions to
153patient care that result from involuntary placement.
154     (d)  Evaluate less restrictive alternatives that can meet
155the crisis stabilization needs of the individual with dementia
156or related disorders.
157     (e)  Review resources that potentially provide the best
158opportunities for the older adult to return as quickly as
159possible to his or her least restrictive environment.
160     (f)  Evaluate the current curriculum used to train
161employees of receiving facilities in identifying how employees
162deal with clients with a diagnosis of Alzheimer's disease or a
163related dementia.
164     (g)  Provide a summary of methods and systems used in other
165states to serve this population.
166     (h)  Recommend a dementia-specific system that would
167provide the best opportunity for maintaining the dignity and
168well-being of our older adult population.
169     (4)  Members of the workgroup shall serve without
170compensation.
171     (5)  The workgroup shall submit a report to the Governor,
172the President of the Senate, and the Speaker of the House of
173Representatives no later than January 1, 2005. This section is
174repealed February 1, 2005.
175     Section 7.  Section 430.042, Florida Statutes, is created
176to read:
177     430.042  Office of Destination Florida.--The Office of
178Destination Florida is established within the Department of
179Elderly Affairs for the purpose of ensuring Florida's position
180as a premier retirement destination and to address and dispel
181commonly held misperceptions and stereotypes about mature
182Floridians.
183     (1)  The duties of the office shall be to:
184     (a)  Promote the important role of Florida's retirement
185industry as an instrument for economic development and
186diversification.
187     (b)  Promote the enhancement of the quality of life for
188Florida's mature residents through partnering with state and
189local governments, businesses, industry leaders, civic
190organizations, and other relevant entities.
191     (c)  Develop and conduct a public awareness and marketing
192campaign that:
193     1.  Educates and promotes awareness by Florida's
194policymakers and residents of the value and contributions of
195mature residents.
196     2.  Attracts amenity-seeking mature citizens to Florida by
197promoting the state's unique quality of life and elder-friendly
198environment.
199     (d)  Coordinate efforts with state agencies and Florida's
200private sector in encouraging mature citizens to relocate to
201Florida.
202     (e)  Identify any state laws, rules, or policies that
203restrict the quality of life for Florida's mature residents or
204that discourage additional mature citizens from relocating to
205Florida, and propose corrective actions.
206     (f)  Encourage contributions and grants through private,
207state, and federal sources for the purpose of carrying out the
208duties of the office.
209     (2)  The Secretary of Elderly Affairs shall appoint a
210director who shall be the head of the Office of Destination
211Florida. The director shall serve at the pleasure of the
212secretary.
213     (3)  In order to accomplish the duties prescribed by this
214section, the office is authorized to raise funds; to request and
215receive grants, gifts, and bequests of moneys; and to make
216expenditures for the direct or indirect benefit of mature
217Floridians or the office. All funds raised under this subsection
218shall be deposited into the Grants and Donations Trust Fund
219within the Department of Elderly Affairs. Expenditures of the
220office shall not be used for the purpose of lobbying as defined
221in s. 11.045.
222     (4)  The department may adopt rules pursuant to ss.
223120.536(1) and 120.54 necessary to implement this section.
224     Section 8.  Effective upon this act becoming a law,
225paragraph (b) of subsection (2) of section 1004.445, Florida
226Statutes, as amended by chapter 2004-2, Laws of Florida,, is
227amended to read:
228     1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and
229Research Institute.--
230     (2)
231     (b)1.  The affairs of the not-for-profit corporation shall
232be managed by a board of directors who shall serve without
233compensation. The board of directors shall consist of the
234President of the University of South Florida and the chair of
235the State Board of Education, or their designees, 5
236representatives of the state universities, and no fewer than 9
237nor more than 14 representatives of the public who are neither
238medical doctors nor state employees. Each director who is a
239representative of a state university or of the public shall be
240appointed to serve a term of 3 years. The chair of the board of
241directors shall be selected by a majority vote of the directors.
242Each director shall have only one vote.
243     2.  The initial board of directors shall consist of the
244President of the University of South Florida and the chair of
245the State Board of Education, or their designees; the five
246university representatives, of whom one shall be appointed by
247the Governor, two by the President of the Senate, and two by the
248Speaker of the House of Representatives; and nine public
249representatives, of whom three shall be appointed by the
250Governor, three by the President of the Senate, and three by the
251Speaker of the House of Representatives.
252     3.  Upon the expiration of the terms of the initial
253appointed directors, all directors subject to 3-year terms of
254office under this paragraph shall be appointed by a majority
255vote of the directors. and
256     4.  The board may be expanded to include additional public
257representative directors up to the maximum number allowed.
258Additional members shall be added by a majority vote of the
259directors.
260     5.  Any vacancy in office shall be filled for the remainder
261of the term by majority vote of the directors. Any director may
262be reappointed.
263     Section 9.  Except as otherwise provided herein, this act
264shall take effect July 1, 2004.


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