HB 0797

CS

CHAMBER ACTION

1	The Elder & Long-Term Care Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to health care; amending s. 400.506, F.S.;
7	deleting the requirement that a registered nurse referred
8	by a nurse registry make monthly visits to a patient;
9	amending ss. 413.402 and 413.4021, F.S.; making permanent
10	the program for personal care attendants for spinal cord
11	injury victims; providing powers and duties of the
12	Department of Health with respect to the program;
13	providing criteria for participation in the program;
14	providing for an oversight workgroup; increasing the
15	percentage of revenues collected from persons who fail to
16	remit sales tax which shall be deposited into the Florida
17	Endowment Foundation for Vocational Rehabilitation for the
18	purpose of administering the program and entering into
19	certain contracts; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
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23	Section 1.  Paragraph (c) of subsection (10) of section
24	400.506, Florida Statutes, is amended to read:
25	400.506  Licensure of nurse registries; requirements;
26	penalties.--
27	(10)
28	(c)  A registered nurse shall make monthly visits to the
29	patient's home to assess the patient's condition and quality of
30	care being provided by the certified nursing assistant or home
31	health aide. Any condition which in the professional judgment of
32	the nurse requires further medical attention shall be reported
33	to the attending physician and the nurse registry. The
34	assessment shall become a part of the patient's file with the
35	nurse registry and may be reviewed by the agency during their
36	survey procedure.
37	Section 2.  Section 413.402, Florida Statutes, is amended
38	to read:
39	413.402  Personal care attendant pilot program.--The
40	Florida Association of Centers for Independent Living, in
41	conjunction with the Brain and Spinal Cord Injury Program in the
42	Department of Health, shall develop a pilot program to provide
43	personal care attendants to persons who are eligible pursuant to
44	subsection (1). The association and the Department of Health
45	shall jointly develop memoranda of understanding with the
46	Department of Revenue, the Brain and Spinal Cord Injury Program
47	in the Department of Health, the Florida Medicaid program in the
48	Agency for Health Care Administration, the Florida Endowment
49	Foundation for Vocational Rehabilitation, and the Division of
50	Vocational Rehabilitation of the Department of Education.
51	(1)  Persons eligible to participate in the pilot program
52	must:
53	(a)  Be at least 18 years of age and be significantly
54	disabled due to a traumatic spinal cord injury;
55	(b)  Require a personal care attendant for bathing,
56	dressing, bowel and bladder management, and transportation Have
57	been determined eligible for training services from the Division
58	of Vocational Rehabilitation of the Department of Education; and
59	(c)  Require a personal care attendant to maintain
60	substantial gainful employment;
61	(d)  Be able to hire and supervise a personal care
62	attendant; and
63	(e)(c)  Meet one of the following requirements Either:
64	1.  Live in a nursing home; or
65	2.  Have moved out of a nursing home within the preceding
66	180 days due to participation in a Medicaid home and community-
67	based waiver program targeted to persons with brain or spinal
68	cord injuries; or.
69	3.  Presently be employed but, because of a loss of a
70	caregiver, will lose employment and potentially return to a
71	nursing home.
72	(2)  The association shall develop a training program for
73	training persons selected to participate in the pilot program
74	that will prepare each person to manage his or her own personal
75	care attendant.
76	(2)(3)(a)  The association, in cooperation with the
77	Department of Health and the Florida Endowment Foundation for
78	Vocational Rehabilitation, shall develop a program to recruit,
79	screen, and select candidates to be trained as personal care
80	attendants.
81	(b)  The services of a nurse registry licensed pursuant to
82	s. 400.506 may be utilized to recruit and screen candidates and
83	to operate as a fiscal intermediary through which payments are
84	made to individuals performing services as personal care
85	attendants under the pilot program. The Department of Health and
86	the Agency for Health Care Administration shall seek any federal
87	waivers necessary to implement this provision.
88	(3)(4)  The association and the Department of Health, in
89	cooperation with the Florida Endowment Foundation for Vocational
90	Rehabilitation, shall develop a training program for personal
91	care attendants.
92	(4)(5)  The association, in cooperation with the Department
93	of Health and the Florida Endowment Foundation for Vocational
94	Rehabilitation, shall establish procedures for selecting persons
95	eligible under subsection (1) to participate in the pilot
96	program.
97	(6)  The association, in cooperation with the Division of
98	Vocational Rehabilitation of the Department of Education, shall
99	assess the selected participants and make recommendations for
100	their placement into appropriate work-related training programs.
101	(5)(7)  The association, in cooperation with the Department
102	of Revenue, the Brain and Spinal Cord Injury Program in the
103	Department of Health, the Florida Medicaid program in the Agency
104	for Health Care Administration, a representative from the state
105	attorney's office in each of the judicial circuits counties
106	participating in the pilot program, the Florida Endowment
107	Foundation for Vocational Rehabilitation, and the Division of
108	Vocational Rehabilitation of the Department of Education, shall
109	develop a plan for implementation of the pilot program.
110	(6)(8)  The Department of Health shall establish an
111	oversight workgroup for the personal care attendant program to
112	oversee the implementation and administration of the program.
113	The workgroup shall be composed of one representative from the
114	Brain and Spinal Cord Injury Program in the Department of
115	Health, one representative from the Department of Revenue, one
116	representative from the Florida Medicaid Program in the Agency
117	for Health Care Administration, one representative from the
118	Florida Endowment Foundation for Vocational Rehabilitation, one
119	representative from the Florida Association of Centers for
120	Independent Living, one representative from the Division of
121	Vocational Rehabilitation of the Department of Education, and
122	two members who are persons with traumatic spinal cord injuries
123	or are family members of persons with traumatic spinal cord
124	injuries. No later than March 1, 2003, the association shall
125	present to the President of the Senate and to the Speaker of the
126	House of Representatives the implementation plan for the pilot
127	program, a timeline for implementation, estimates of the number
128	of participants to be served, and cost projections for each
129	component of the pilot program. The pilot program shall be
130	implemented beginning July 1, 2003, unless there is specific
131	legislative action to the contrary.
132	Section 3.  Section 413.4021, Florida Statutes, is amended
133	to read:
134	413.4021  Pilot Program participant county selection; tax
135	collection enforcement diversion program.--The Department of
136	Revenue, in coordination with the Florida Association of Centers
137	for Independent Living and the Florida Prosecuting Attorneys
138	Association, shall select judicial circuits four counties in
139	which to operate the pilot program. The association and the
140	state attorneys' offices in Duval County and the four pilot
141	program counties shall develop and implement a tax collection
142	enforcement diversion program, which shall collect revenue due
143	from persons who have not remitted their collected sales tax.
144	The criteria for referral to the tax collection enforcement
145	diversion program shall be determined cooperatively between the
146	state attorneys' offices in those counties and the Department of
147	Revenue.
148	(1)  Notwithstanding the provisions of s. 212.20, 50 25
149	percent of the revenues collected from the tax collection
150	enforcement diversion program shall be deposited into the
151	operating account of the Florida Endowment Foundation for
152	Vocational Rehabilitation, to be used to administer implement
153	the personal care attendant pilot program and to contract with
154	the state attorneys participating in the tax collection
155	enforcement diversion program in an amount of not more than
156	$50,000 for each state attorney.
157	(2)  The pilot program shall operate only from funds
158	deposited into the operating account of the Florida Endowment
159	Foundation for Vocational Rehabilitation. The Florida Endowment
160	Foundation for Vocational Rehabilitation shall select the entity
161	to administer the personal care attendant program.
162	(3)  The Revenue Estimating Conference shall annually
163	project the amount of funds expected to be generated from the
164	tax collection enforcement diversion program.
165	(4)  For the 2004-2005 fiscal year only and notwithstanding
166	the provisions of subsection (1), 50 percent of the revenues
167	collected from the tax collection enforcement diversion program
168	shall be deposited into the operating account of the Florida
169	Endowment Foundation for Vocational Rehabilitation, to be used
170	to implement the personal care attendant pilot program and to
171	contract with the state attorneys participating in the tax
172	collection enforcement diversion program in an amount of not
173	more than $50,000 for each state attorney. This subsection
174	expires July 1, 2005.
175	Section 4.  This act shall take effect July 1, 2005.

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