Senate Bill sb1516c1

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    Florida Senate - 2005                           CS for SB 1516

    By the Committee on Health Care; and Senator Wilson





    587-2173-05

  1                      A bill to be entitled

  2         An act relating to respite care; creating s.

  3         400.4071, F.S.; creating an intergenerational

  4         respite care assisted living facility pilot

  5         program; providing duties of the Agency for

  6         Health Care Administration with respect to the

  7         program; providing requirements and standards

  8         for the program; providing for rules; requiring

  9         a report to the Legislature; providing an

10         effective date.

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

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14         Section 1.  Section 400.4071, Florida Statutes, is

15  created to read:

16         400.4071  Intergenerational respite care assisted

17  living facility pilot project.--

18         (1)  It is the intent of the Legislature to establish a

19  pilot program to:

20         (a)  Facilitate the receipt of in-home, family based

21  care by minors and adults having disabilities and elderly

22  persons having special needs through respite care for up to 14

23  days.

24         (b)  Prevent caregiver "burnout," in which the

25  caregiver's health declines and he or she is unable to

26  continue to provide care so that the only option for the

27  person having disabilities or special needs is to receive

28  institutional care.

29         (c)  Foster the development of intergenerational

30  respite care assisted living facilities to temporarily care

31  for minors and adults having disabilities and elderly persons

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    Florida Senate - 2005                           CS for SB 1516
    587-2173-05




 1  having special needs in the same facility and to give

 2  caregivers the time they need for rejuvenation and healing.

 3         (2)  The Agency for Health Care Administration shall

 4  establish a 5-year pilot program, from the date of

 5  implementation, in which it shall license a pilot program to

 6  provide an intergenerational respite care assisted living

 7  facility that will provide temporary personal, respite, and

 8  custodial care to minors and adults having disabilities and

 9  elderly persons having special needs who do not require

10  24-hour nursing services. The intergenerational respite care

11  assisted living facility must:

12         (a)  Meet all applicable requirements and standards

13  contained in this part, except that the term "resident" means

14  a person of any age temporarily residing in and receiving care

15  from such facility.

16         (b)  Provide respite care services for minors and

17  adults having disabilities and elderly persons having special

18  needs for a period of at least 24 hours but no more than 14

19  consecutive days.

20         (c)  Provide a facility or facilities in which minors

21  and adults reside in distinct and separate living units.

22         (d)  Be a facility that has a maximum of 48 beds, is

23  located in Miami-Dade County, and is operated by a

24  not-for-profit entity.

25         (3)  The agency may establish other policy provisions

26  necessary to achieve the objectives specific to the pilot

27  program and may adopt rules necessary to implement the

28  program.

29         (4)  After 4 years, the agency shall report to the

30  Legislature on the effectiveness of the pilot program and

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    Florida Senate - 2005                           CS for SB 1516
    587-2173-05




 1  recommend whether the Legislature should make the program

 2  permanent.

 3         Section 2.  This act shall take effect July 1, 2005.

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 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                             SB 1516

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 8  The Committee Substitute does not provide an exception to the
    moratorium on certificates of need for nursing homes, but
 9  instead authorizes a pilot program under which an assisted
    living facility will be licensed to provide respite care for
10  children and adults in an intergenerational setting.

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