Senate Bill sb0884

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    Florida Senate - 2005                                   SB 884

    By Senator Wise





    5-913-05                                            See HB 161

  1                      A bill to be entitled

  2         An act relating to caregivers for adults;

  3         providing legislative intent to foster

  4         caregiving as a nonlicensed paraprofessional

  5         activity and to promote the use of best

  6         practices; creating the Florida Caregiver

  7         Institute, Inc., an independent not-for-profit

  8         corporation within the Agency for Workforce

  9         Innovation; providing purposes, duties, and

10         powers of the corporation; providing for a

11         board of directors; providing for membership,

12         terms of office, meetings, and powers and

13         duties of and restrictions on the board;

14         providing for an audit committee; requiring

15         reports to the Governor and the Legislature;

16         providing duties of the Agency for Workforce

17         Innovation and other public agencies; providing

18         for the Office of Program Policy Analysis and

19         Government Accountability to conduct a review

20         of the corporation by a specified date and to

21         report to the Governor and the Legislature;

22         providing an effective date.

23  

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

25  

26         Section 1.  Legislative intent; Florida Caregiver

27  Institute, Inc.; creation, duties, board of directors,

28  reports.--

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

30  development of caregiving for adults as a nonlicensed

31  paraprofessional activity that is critical to the provision of

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    Florida Senate - 2005                                   SB 884
    5-913-05                                            See HB 161




 1  community-based and institutional care for frail and

 2  vulnerable adults who live in the community, in a licensed

 3  assisted living facility, or in a licensed adult family-care

 4  home. It is the further intent of the Legislature to promote

 5  the use of nationally recognized best-practices information by

 6  nonlicensed caregivers so as to improve the quality of care in

 7  the community and in facilities licensed under part III or

 8  part VII of chapter 400, Florida Statutes, and to ensure some

 9  degree of uniformity of techniques, practices, and standards

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

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

12  best-practices information and providing that information to

13  nonlicensed caregivers that care for residents who live in the

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

15  of chapter 400, Florida Statutes, there is created the Florida

16  Caregiver Institute, Inc., a not-for-profit corporation which

17  shall be registered, incorporated, organized, and operated in

18  compliance with chapter 617, Florida Statutes, and which may

19  not be a unit of state government. The Florida Caregiver

20  Institute, Inc., hereinafter referred to as "the corporation,"

21  shall be administratively housed within the Agency for

22  Workforce Innovation. Although the corporation is not subject

23  to the 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 caregivers in the community and in

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

28  Florida Statutes.

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 - 2005                                   SB 884
    5-913-05                                            See HB 161




 1  skills and availability of individuals who seek to work as

 2  caregivers in the community or in facilities licensed under

 3  part III or part VII of chapter 400, Florida Statutes. The

 4  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 nonlicensed caregivers through state, federal,

 8  and private sources.

 9         (b)  Shall work with state universities, research and

10  policy development centers, and other institutions to develop

11  training materials and a curriculum and identify best

12  practices.

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 improve the

22  quality, availability, and retention of nonlicensed caregivers

23  who work in the community or in facilities licensed under part

24  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 shall be provided annually to the Governor,

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

30  Representatives.

31  

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    Florida Senate - 2005                                   SB 884
    5-913-05                                            See HB 161




 1         (f)  Shall make recommendations to the Governor, the

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

 3  Representatives on proposed legislative changes and

 4  budget-related items that would affect the quality,

 5  availability, and retention of nonlicensed caregivers who work

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

 7  part VII 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 providing access to

13  state buildings and state employees in order to offer

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 training of

19  nonlicensed caregivers who work in the community or in

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

21  Florida Statutes. The corporation shall take all steps

22  possible to offer high-quality training at the most

23  cost-effective rates.

24         (i)  May offer training to the personnel of assisted

25  living facilities.

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 - 2005                                   SB 884
    5-913-05                                            See HB 161




 1  nonlicensed caregivers, information regarding turnover rates

 2  and retention, and data that identify the number of caregivers

 3  using best practices in daily care-related activities.

 4         (k)  Shall develop a memorandum of understanding with

 5  the Agency for Workforce Innovation which describes how the

 6  corporation will interact with the agency and other state

 7  agencies in carrying out its responsibilities.

 8         (l)  Shall develop an agreement with the Agency for

 9  Workforce Innovation for the provision of administrative

10  support and startup costs, with the expectation that the

11  corporation shall not rely upon the agency for staff or

12  financial assistance after December 31, 2007.

13         (m)  May contract with the Agency for Workforce

14  Innovation for the provision of staff support, research and

15  technical assistance, and data storage under a memorandum of

16  agreement.

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

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

19  perspectives of the parties, individuals, and stakeholders

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

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

22  reappointed to more than three additional terms, except that

23  the initial appointments made by the President of the Senate

24  and the Speaker of the House of Representatives shall be for a

25  period of 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 Aging.

30         2.  One member appointed by the Florida Assisted Living

31  Affiliation.

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    Florida Senate - 2005                                   SB 884
    5-913-05                                            See HB 161




 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 no later than September 1, 2005.

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 board shall adopt bylaws for the regulation of

18  its affairs and the conduct of its business. In conducting its

19  meetings, the board shall use Robert's Rules of Order, revised

20  edition.

21         (e)  A majority of the members of the board constitutes

22  a quorum.

23         (f)  The meetings of the board shall be open to the

24  public and shall provide for accepting input from family

25  members, consumers, stakeholders, providers, or other parties

26  affected by the activities of the corporation. The board shall

27  post its schedule and meeting locations on a publicly

28  available Internet website and in public buildings.

29         (g)  The chair of the board shall ensure that accurate

30  minutes are kept which reflect the attendance, motions, and

31  actions of the board and the discussion of matters brought

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    Florida Senate - 2005                                   SB 884
    5-913-05                                            See HB 161




 1  before the board. These minutes shall be made available to the

 2  public for inspection and review and, if possible, posted on a

 3  publicly available Internet website to provide greater public

 4  access.

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

 6  schedule other meetings using electronic means as he or she

 7  considers appropriate. The chair shall call at least one

 8  meeting per year for the purpose of establishing goals and

 9  evaluating the progress of the previous year.

10         (i)  The chair of the board may appoint advisory

11  committees to advise the corporation on specific issues that

12  fall within the corporation's scope of work and stated

13  objectives.

14         (j)  Each member of the board and its advisory

15  committees shall serve at his or her own expense.

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

17  three unexcused absences from regularly scheduled meetings.

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

19  entity that made the appointment and may be removed by that

20  entity without cause.

21         (5)(a)  The chair of the board shall establish an audit

22  committee to annually review and report on the financial

23  condition of the corporation. The audit committee shall

24  consist of board members and its report must include a

25  complete accounting for all revenues and expenses incurred by

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

27  be provided to the board members, the Governor, the President

28  of the Senate, and the Speaker of the House of

29  Representatives.

30  

31  

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    Florida Senate - 2005                                   SB 884
    5-913-05                                            See HB 161




 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)  In October of each year, the corporation shall

 5  submit a report to the Governor, the President of the Senate,

 6  and the Speaker of the House of Representatives which

 7  evaluates the status of the work of the corporation relating

 8  to the use of best practices by nonlicensed caregivers and the

 9  development of nonlicensed caregivers who work in the

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

11  of chapter 400, Florida Statutes.

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

13  or support for nonlicensed caregivers who work in the

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

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

16  corporation and the Agency for Workforce Innovation shall

17  certify whether the corporation is receiving the necessary and

18  requested support from public-sector organizations that

19  provide training to such nonlicensed caregivers.

20         Section 2.  By October 1, 2008, the Office of Program

21  Policy Analysis and Government Accountability shall conduct a

22  review of the Florida Caregiver Institute, Inc., and shall

23  submit a report to the Governor, the President of the Senate,

24  and the Speaker of the House of Representatives which

25  evaluates the effectiveness of the corporation in helping the

26  state meet its goal of improving the retention of nonlicensed

27  caregivers in the community or in facilities licensed under

28  part III or part VII of chapter 400, Florida Statutes, and

29  whether the corporation has been successful in promoting the

30  use of best practices by nonlicensed caregivers who care for

31  Florida's frail and vulnerable adults.

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    Florida Senate - 2005                                   SB 884
    5-913-05                                            See HB 161




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

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