Senate Bill sb2098

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    Florida Senate - 2004                                  SB 2098

    By Senator Wise





    5-1414A-04

  1                      A bill to be entitled

  2         An act relating to caregivers for disabled or

  3         elderly adults; providing legislative intent to

  4         foster caregiving as a nonlicensed

  5         paraprofessional activity and to promote the

  6         caregivers' use of best practices; creating the

  7         Florida Caregiver Institute, Inc., an

  8         independent nonprofit corporation housed in the

  9         Agency for Workforce Innovation; providing

10         purposes, duties, and powers of the

11         corporation; providing for a board of

12         directors; providing for membership, terms of

13         office, meetings, and powers and duties of and

14         restrictions on the board; requiring reports to

15         the Governor and the Legislature; providing

16         duties of the Agency for Workforce Innovation

17         and other public agencies; providing for the

18         Office of Program Policy and Governmental

19         Accountability to conduct a review of the

20         corporation by a specified date and to report

21         to the Governor and the Legislature; providing

22         an effective date.

23  

24  Be It Enacted by the Legislature of the State of Florida:

25  

26         Section 1.  Caregivers, legislative intent; Florida

27  Caregiver Institute, Inc., creation, duties, board of

28  directors, reports.--

29         (1)  It is the intent of the Legislature to foster the

30  development of caregiving as a nonlicensed paraprofessional

31  activity that is critical to the provision of community-based

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    Florida Senate - 2004                                  SB 2098
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 1  and institutional care for frail and vulnerable Floridians who

 2  live in the community, in a licensed assisted living facility,

 3  or in a licensed adult family-care home.  It is the further

 4  intent of the Legislature to promote the use of nationally

 5  recognized best-practices information by front line caregivers

 6  so as to improve the quality of care both in the community and

 7  in facilities licensed by the state and to ensure some degree

 8  of uniformity as to the techniques, practices, and standards

 9  used in caring for the state's most vulnerable residents.

10         (2)  In order to accomplish the goal of developing

11  best-practices information and placing that information into

12  the hands of front line caregivers that care for Floridians

13  who live in the community or reside in facilities licensed by

14  the state under part III or part VII of chapter 400, Florida

15  Statutes, there is created the Florida Caregiver Institute,

16  Inc., a not-for-profit corporation that is to be registered,

17  incorporated, organized, and operated in compliance with

18  chapter 617, Florida Statutes, and that is not a unit or

19  entity of state government.  The Florida Caregiver Institute,

20  hereinafter referred to as "the corporation," shall be

21  administratively housed within the Agency for Workforce

22  Innovation. Although the corporation is not subject to the

23  control of the Agency for Workforce Innovation, the

24  corporation shall work in collaboration with the agency to

25  help improve the availability of caregivers and the use of

26  best practices by front line caregivers in facilities licensed

27  by the state under part III or part VII of chapter 400,

28  Florida Statutes, and by caregivers in the community.

29         (3)  The corporation shall assist the Agency for

30  Workforce Innovation in the development of policy

31  recommendations to enhance the agency's efforts to improve the

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    Florida Senate - 2004                                  SB 2098
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 1  availability and skills of individuals who seek to work as

 2  caregivers in the home, in the community, or in a facility

 3  licensed by the state under part III or part VII of chapter

 4  400, Florida Statutes.  The corporation also:

 5         (a)  Shall seek to identify funding for the purpose of

 6  providing training in and promotion of the use of best

 7  practices to front line caregivers through state, federal, and

 8  private sources.

 9         (b)  Shall work with universities, policy exchange

10  centers, and other related parties to develop training

11  materials, identify best-practices techniques, and develop a

12  curriculum.

13         (c)  Shall conduct a needs assessment of the

14  nonlicensed caregivers who work in the community or in

15  facilities that are licensed under part III or part VII of

16  chapter 400, Florida Statutes.

17         (d)  Shall make recommendations to the Agency for

18  Workforce Innovation, the Department of Elderly Affairs, the

19  Department of Children and Family Services, the Agency for

20  Health Care Administration, and the Department of Health

21  regarding policy and related changes that will help improve

22  the quality, availability, and retention of nonlicensed

23  caregivers who work in the community or in facilities licensed

24  under part III or part VII of chapter 400, Florida Statutes.

25         (e)  Shall review and forecast the need for nonlicensed

26  caregivers to work in the community or in facilities licensed

27  under part III or part VII of chapter 400, Florida Statutes.

28  This information must be provided to the President of the

29  Senate, the Speaker of the House of Representatives, and the

30  Governor on a regular basis.

31  

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    Florida Senate - 2004                                  SB 2098
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 1         (f)  Shall make recommendations to the President of the

 2  Senate, the Speaker of the House of Representatives, and the

 3  Governor on proposed legislative changes and budget related

 4  items that would affect the quality, availability, and

 5  retention of trained nonlicensed caregivers who work in the

 6  community or in facilities licensed under part III or part VII

 7  of chapter 400, Florida Statutes.

 8         (g)  Shall develop agreements with the Agency for

 9  Health Care Administration, the Department of Elderly Affairs,

10  the Department of Health, the Department of Children and

11  Family Services, and any other state agency it considers

12  necessary, for the exclusive purpose of accessing state-owned

13  buildings and state employees for the purpose of providing

14  low-cost, effective training and paraprofessional development

15  assistance to nonlicensed caregivers who work in the community

16  or in facilities licensed under part III or part VII of

17  chapter 400, Florida Statutes.

18         (h)  May charge a reasonable fee for the provision of

19  training of nonlicensed caregivers who work in the community

20  or in facilities licensed under part III or part VII of

21  chapter 400, Florida Statutes.  The corporation shall take all

22  steps possible to offer high-quality training at the most

23  cost-effective rates.

24         (i)  May offer to assisted living facilities core

25  training, testing, and other training.

26         (j)  Shall collect information regarding the

27  development of nonlicensed caregivers who work in the

28  community and in facilities licensed under part III or part

29  VII of chapter 400, Florida Statutes.  The information

30  collected must include, but need not be limited to, the salary

31  rates for various positions, professional development needs of

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    Florida Senate - 2004                                  SB 2098
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 1  nonlicensed caregivers, turnover rates, information regarding

 2  turnover and retention, and data that identifies the number of

 3  caregivers using best-practices information in day-to-day,

 4  care-related activities.

 5         (k)  Shall develop a memorandum of understanding with

 6  the Agency for Workforce Innovation which describes how the

 7  corporation will interact with the agency in carrying out its

 8  responsibilities.

 9         (m)  Shall develop an agreement with the Agency for

10  Workforce Innovation for the provision of administrative

11  support and startup, with the expectation that the corporation

12  will not rely upon the agency for staff or financial

13  assistance after June 1, 2005.

14         (n)  May contract with the Agency for Workforce

15  Innovation for the provision of staff support, research,

16  technical assistance, and data storage under a memorandum of

17  agreement.

18         (4)(a)  The board of directors of the corporation shall

19  consist of 13 members who represent the views, interests, and

20  perspectives of the parties, individuals, and stakeholders

21  affected by the activities of the corporation.  Each member of

22  the board shall be appointed to a 2-year term and may not be

23  reappointed to more than three additional terms, except that

24  the initial legislative appointments shall be for a period of

25  3 years each.

26         (b)  The board of directors of the corporation shall

27  include:

28         1.  One member appointed by The Florida Association of

29  Homes for the Aged.

30         2.  One member appointed by the Florida Assisted Living

31  Affiliation.

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    Florida Senate - 2004                                  SB 2098
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 1         3.  One member appointed by the Alzheimer's

 2  Association.

 3         4.  One member appointed by the Florida Council on

 4  Aging.

 5         5.  Three members appointed by the Governor.

 6         6.  Three members appointed by the President of the

 7  Senate.

 8         7.  Three members appointed by the Speaker of the House

 9  of Representatives.

10  

11  The Governor, the President of the Senate, and the Speaker of

12  the House of Representatives must make their respective

13  initial appointments not later than September 1, 2004.

14         (c)  The chair shall be elected by the members, may not

15  serve more than two 1-year terms, and may not be a state

16  employee.

17         (d)  The corporation shall adopt bylaws that describe

18  how it will do its work.  The corporation shall follow

19  Robert's Rules of Order, revised edition, for all procedural

20  matters that arise.

21         (e)  A majority of the members of the corporation's

22  board of directors constitutes a quorum.

23         (f)  The corporation shall make its meetings open to

24  any member of the public and shall make provision for

25  accepting input from family members, consumers, stakeholders,

26  providers, or other parties affected by the activities of the

27  corporation.  The corporation shall make every effort to make

28  its schedule and meeting location accessible to the public, by

29  means including the use of websites and public buildings.

30         (g)  The chair of the corporation's board of directors

31  shall ensure that accurate minutes are kept which reflect the

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    Florida Senate - 2004                                  SB 2098
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 1  attendance, motions, and actions of the board and the

 2  discussion of matters brought before the board.  These minutes

 3  shall be made available to the public for inspection and

 4  review and, if possible, posted on a website to provide

 5  greater public access.

 6         (h)  The chair shall call a meeting quarterly and may

 7  schedule other meetings using electronic means as he or she

 8  considers appropriate. The chair must call at least one

 9  meeting per year for the purpose of establishing goals and

10  evaluating the progress of the previous year.

11         (i)  The chair of the corporation's board of directors

12  may appoint advisory committees to advise the corporation on

13  specific issues that fall within the corporation's scope of

14  work and stated objectives.

15         (j)  Each member of the corporation's board of

16  directors and its advisory committees shall serve at his or

17  her own expense.

18         (k)  The chair may remove a member of the board for

19  three unexcused absences from regularly scheduled meetings.

20         (l)  An appointed member serves at the pleasure of the

21  entity that has made the appointment and may be removed by

22  that entity without cause.

23         (5)(a)  The chair of the corporation's board of

24  directors shall establish an audit committee to annually

25  review and report on the financial condition of the

26  corporation. A copy of the audit committee's report shall be

27  provided to the members, the Governor, the President of the

28  Senate, and the Speaker of the House of Representatives.  The

29  audit committee shall consist of board members, and its report

30  must include a complete accounting for all revenues and

31  expenses incurred by the corporation.

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    Florida Senate - 2004                                  SB 2098
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 1         (b)  The corporation may employ staff, contract with

 2  consultants, and otherwise conduct its affairs using standard

 3  accepted business practices to accomplish its goals.

 4         (c)  The corporation shall annually evaluate and, in

 5  October of each year, shall report to the Legislature and the

 6  Governor the status of its work relative to promoting the use

 7  of best practices by front line caregivers and developing

 8  nonlicensed caregivers who work in the community or in

 9  facilities licensed under part III or part VII of chapter 400,

10  Florida Statutes.

11         (d)  Each public-sector agency that provides training

12  or support for nonlicensed caregivers who work in the

13  community or in facilities licensed under part III or part VII

14  of chapter 400, Florida Statutes, shall cooperate with the

15  corporation, and the Agency for Workforce Innovation shall

16  certify as to whether the corporation is receiving the

17  necessary and requested support from various public-sector

18  organizations that provide training to such nonlicensed

19  caregivers.

20         Section 2.  By October 1, 2007, the Office of Program

21  Policy and Governmental Accountability shall conduct a review

22  of the Florida Caregiver Institute, Inc., and shall report to

23  the Legislature and the Governor as to whether the corporation

24  has been effective in helping the state meet its goals of

25  improving the retention of nonlicensed caregivers in the

26  community or in facilities licensed under part III or part VII

27  of chapter 400, Florida Statutes, and whether it has been

28  successful in promoting the use of best-practices techniques

29  by front line caregivers who care for Florida's frail and

30  disabled adult population.

31         Section 3.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                                  SB 2098
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides legislative intent to foster caregiving for
      disabled or elderly adults as a nonlicensed
 4    paraprofessional activity and to promote the caregivers'
      use of best practices. Creates the Florida Caregiver
 5    Institute, Inc., an independent nonprofit corporation
      housed in the Agency for Workforce Innovation. Provides
 6    purposes, duties, and powers of the corporation. Provides
      for a board of directors. Provides for membership, terms
 7    of office, meetings, and powers and duties of and
      restrictions on the board. Requires reports to the
 8    Governor and the Legislature. Provides duties of the
      Agency for Workforce Innovation and other public
 9    agencies. Provides for the Office of Program Policy and
      Governmental Accountability to conduct a review of the
10    corporation by October 1, 2007, and to report to the
      Governor and the Legislature.
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