HB 0161

1
A bill to be entitled
2An act relating to caregivers for adults; providing
3legislative intent to foster caregiving as a nonlicensed
4paraprofessional activity and to promote the use of best
5practices; creating the Florida Caregiver Institute, Inc.,
6an independent not-for-profit corporation within the
7Agency for Workforce Innovation; providing purposes,
8duties, and powers of the corporation; providing for a
9board of directors; providing for membership, terms of
10office, meetings, and powers and duties of and
11restrictions on the board; providing for an audit
12committee; requiring reports to the Governor and the
13Legislature; providing duties of the Agency for Workforce
14Innovation and other public agencies; providing for the
15Office of Program Policy Analysis and Government
16Accountability to conduct a review of the corporation by a
17specified date and to report to the Governor and the
18Legislature; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Legislative intent; Florida Caregiver
23Institute, Inc.; creation, duties, board of directors,
24reports.--
25     (1)  It is the intent of the Legislature to foster the
26development of caregiving for adults as a nonlicensed
27paraprofessional activity that is critical to the provision of
28community-based and institutional care for frail and vulnerable
29adults who live in the community, in a licensed assisted living
30facility, or in a licensed adult family-care home. It is the
31further intent of the Legislature to promote the use of
32nationally recognized best-practices information by nonlicensed
33caregivers so as to improve the quality of care in the community
34and in facilities licensed under part III or part VII of chapter
35400, Florida Statutes, and to ensure some degree of uniformity
36of techniques, practices, and standards used in caring for the
37state's most vulnerable residents.
38     (2)  In order to accomplish the goal of developing best-
39practices information and providing that information to
40nonlicensed caregivers that care for residents who live in the
41community or in facilities licensed under part III or part VII
42of chapter 400, Florida Statutes, there is created the Florida
43Caregiver Institute, Inc., a not-for-profit corporation which
44shall be registered, incorporated, organized, and operated in
45compliance with chapter 617, Florida Statutes, and which may not
46be a unit of state government. The Florida Caregiver Institute,
47Inc., hereinafter referred to as "the corporation," shall be
48administratively housed within the Agency for Workforce
49Innovation. Although the corporation is not subject to the
50control of the Agency for Workforce Innovation, the corporation
51shall work in collaboration with the agency to help improve the
52availability of caregivers and the use of best practices by
53caregivers in the community and in facilities licensed under
54part III or part VII of chapter 400, Florida Statutes.
55     (3)  The corporation shall assist the Agency for Workforce
56Innovation in the development of policy recommendations to
57enhance the agency's efforts to improve the skills and
58availability of individuals who seek to work as caregivers in
59the community or in facilities licensed under part III or part
60VII of chapter 400, Florida Statutes. The corporation also:
61     (a)  Shall seek to identify funding for the purpose of
62providing training in and promotion of the use of best practices
63to nonlicensed caregivers through state, federal, and private
64sources.
65     (b)  Shall work with state universities, research and
66policy development centers, and other institutions to develop
67training materials and a curriculum and identify best practices.
68     (c)  Shall conduct a needs assessment of the nonlicensed
69caregivers who work in the community or in facilities that are
70licensed under part III or part VII of chapter 400, Florida
71Statutes.
72     (d)  Shall make recommendations to the Agency for Workforce
73Innovation, the Department of Elderly Affairs, the Department of
74Children and Family Services, the Agency for Health Care
75Administration, and the Department of Health regarding policy
76and related changes that will improve the quality, availability,
77and retention of nonlicensed caregivers who work in the
78community or in facilities licensed under part III or part VII
79of chapter 400, Florida Statutes.
80     (e)  Shall review and forecast the need for nonlicensed
81caregivers to work in the community or in facilities licensed
82under part III or part VII of chapter 400, Florida Statutes.
83This information shall be provided annually to the Governor, the
84President of the Senate, and the Speaker of the House of
85Representatives.
86     (f)  Shall make recommendations to the Governor, the
87President of the Senate, and the Speaker of the House of
88Representatives on proposed legislative changes and budget-
89related items that would affect the quality, availability, and
90retention of nonlicensed caregivers who work in the community or
91in facilities licensed under part III or part VII of chapter
92400, Florida Statutes.
93     (g)  Shall develop agreements with the Agency for Health
94Care Administration, the Department of Elderly Affairs, the
95Department of Health, the Department of Children and Family
96Services, and any other state agency it considers necessary for
97the exclusive purpose of providing access to state buildings and
98state employees in order to offer low-cost, effective training
99and paraprofessional development assistance to nonlicensed
100caregivers who work in the community or in facilities licensed
101under part III or part VII of chapter 400, Florida Statutes.
102     (h)  May charge a reasonable fee for the training of
103nonlicensed caregivers who work in the community or in
104facilities licensed under part III or part VII of chapter 400,
105Florida Statutes. The corporation shall take all steps possible
106to offer high-quality training at the most cost-effective rates.
107     (i)  May offer training to the personnel of assisted living
108facilities.
109     (j)  Shall collect information regarding the development of
110nonlicensed caregivers who work in the community and in
111facilities licensed under part III or part VII of chapter 400,
112Florida Statutes. The information collected must include, but
113need not be limited to, the salary rates for various positions,
114professional development needs of nonlicensed caregivers,
115information regarding turnover rates and retention, and data
116that identify the number of caregivers using best practices in
117daily care-related activities.
118     (k)  Shall develop a memorandum of understanding with the
119Agency for Workforce Innovation that describes how the
120corporation will interact with the agency and other state
121agencies in carrying out its responsibilities.
122     (l)  Shall develop an agreement with the Agency for
123Workforce Innovation for the provision of administrative support
124and startup costs, with the expectation that the corporation
125shall not rely upon the agency for staff or financial assistance
126after December 31, 2007.
127     (m)  May contract with the Agency for Workforce Innovation
128for the provision of staff support, research and technical
129assistance, and data storage under a memorandum of agreement.
130     (4)(a)  The board of directors of the corporation shall
131consist of 13 members who represent the views, interests, and
132perspectives of the parties, individuals, and stakeholders
133affected by the activities of the corporation. Each member of
134the board shall be appointed to a 2-year term and may not be
135reappointed to more than three additional terms, except that the
136initial appointments made by the President of the Senate and the
137Speaker of the House of Representatives shall be for a period of
1383 years each.
139     (b)  The board of directors of the corporation shall
140include:
141     1.  One member appointed by the Florida Association of
142Homes for the Aging.
143     2.  One member appointed by the Florida Assisted Living
144Affiliation.
145     3.  One member appointed by the Alzheimer's Association.
146     4.  One member appointed by the Florida Council on Aging.
147     5.  Three members appointed by the Governor.
148     6.  Three members appointed by the President of the Senate.
149     7.  Three members appointed by the Speaker of the House of
150Representatives.
151
152The Governor, the President of the Senate, and the Speaker of
153the House of Representatives must make their respective initial
154appointments no later than September 1, 2005.
155     (c)  The chair shall be elected by the members, may not
156serve more than two 1-year terms, and may not be a state
157employee.
158     (d)  The board shall adopt bylaws for the regulation of its
159affairs and the conduct of its business. In conducting its
160meetings, the board shall use Robert's Rules of Order, revised
161edition.
162     (e)  A majority of the members of the board constitutes a
163quorum.
164     (f)  The meetings of the board shall be open to the public
165and shall provide for accepting input from family members,
166consumers, stakeholders, providers, or other parties affected by
167the activities of the corporation. The board shall post its
168schedule and meeting locations on a publicly available Internet
169website and in public buildings.
170     (g)  The chair of the board shall ensure that accurate
171minutes are kept which reflect the attendance, motions, and
172actions of the board and the discussion of matters brought
173before the board. These minutes shall be made available to the
174public for inspection and review and, if possible, posted on a
175publicly available Internet website to provide greater public
176access.
177     (h)  The chair shall call a meeting quarterly and may
178schedule other meetings using electronic means as he or she
179considers appropriate. The chair shall call at least one meeting
180per year for the purpose of establishing goals and evaluating
181the progress of the previous year.
182     (i)  The chair of the board may appoint advisory committees
183to advise the corporation on specific issues that fall within
184the corporation's scope of work and stated objectives.
185     (j)  Each member of the board and its advisory committees
186shall serve at his or her own expense.
187     (k)  The chair may remove a member of the board for three
188unexcused absences from regularly scheduled meetings.
189     (l)  An appointed member serves at the pleasure of the
190entity that made the appointment and may be removed by that
191entity without cause.
192     (5)(a)  The chair of the board shall establish an audit
193committee to annually review and report on the financial
194condition of the corporation. The audit committee shall consist
195of board members and its report must include a complete
196accounting for all revenues and expenses incurred by the
197corporation. A copy of the audit committee's report shall be
198provided to the board members, the Governor, the President of
199the Senate, and the Speaker of the House of Representatives.
200     (b)  The corporation may employ staff, contract with
201consultants, and otherwise conduct its affairs using standard
202accepted business practices to accomplish its goals.
203     (c)  In October of each year, the corporation shall submit
204a report to the Governor, the President of the Senate, and the
205Speaker of the House of Representatives that evaluates the
206status of the work of the corporation relating to the use of
207best practices by nonlicensed caregivers and the development of
208nonlicensed caregivers who work in the community or in
209facilities licensed under part III or part VII of chapter 400,
210Florida Statutes.
211     (d)  Each public-sector agency that provides training or
212support for nonlicensed caregivers who work in the community or
213in facilities licensed under part III or part VII of chapter
214400, Florida Statutes, shall cooperate with the corporation and
215the Agency for Workforce Innovation shall certify whether the
216corporation is receiving the necessary and requested support
217from public-sector organizations that provide training to such
218nonlicensed caregivers.
219     Section 2.  By October 1, 2008, the Office of Program
220Policy Analysis and Government Accountability shall conduct a
221review of the Florida Caregiver Institute, Inc., and shall
222submit a report to the Governor, the President of the Senate,
223and the Speaker of the House of Representatives that evaluates
224the effectiveness of the corporation in helping the state meet
225it goal of improving the retention of nonlicensed caregivers in
226the community or in facilities licensed under part III or part
227VII of chapter 400, Florida Statutes, and whether the
228corporation has been successful in promoting the use of best
229practices by nonlicensed caregivers who care for Florida's frail
230and vulnerable adults.
231     Section 3.  This act shall take effect July 1, 2005.


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