| 1 | A bill to be entitled |
| 2 | An act relating to the Department of Elderly Affairs; |
| 3 | amending s. 430.04, F.S.; requiring the Department of |
| 4 | Elderly Affairs to conduct an evaluation prior to |
| 5 | rescinding designation of or taking certain measures |
| 6 | against an area agency on aging; providing circumstances |
| 7 | under which the department may terminate an area agency on |
| 8 | aging contract; authorizing the department to contract |
| 9 | with certain entities to provide programs and services |
| 10 | under certain circumstances; requiring the department to |
| 11 | initiate a competitive procurement process to replace an |
| 12 | area agency on aging within a specified time period; |
| 13 | providing for certain contracts and agreements to be |
| 14 | assignable to the department and, subsequently, to an |
| 15 | entity selected to replace the area agency on aging; |
| 16 | providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Subsection (2) of section 430.04, Florida |
| 21 | Statutes, is amended, subsections (3) through (16) are |
| 22 | renumbered as subsections (4) through (17), respectively, and a |
| 23 | new subsection (3) is added to that section, to read: |
| 24 | 430.04 Duties and responsibilities of the Department of |
| 25 | Elderly Affairs.--The Department of Elderly Affairs shall: |
| 26 | (2) Be responsible for ensuring that each area agency on |
| 27 | aging operates in a manner to ensure that the elderly of this |
| 28 | state receive the best services possible. The department shall |
| 29 | rescind designation of an area agency on aging or take |
| 30 | intermediate measures against the agency, including corrective |
| 31 | action, unannounced special monitoring, temporary assumption of |
| 32 | operation of one or more programs by the department, placement |
| 33 | on probationary status, imposing a moratorium on agency action, |
| 34 | imposing financial penalties for nonperformance, or other |
| 35 | administrative action pursuant to chapter 120, if, after an |
| 36 | evaluation, the department finds that: |
| 37 | (a) An intentional or negligent act of the agency has |
| 38 | materially affected the health, welfare, or safety of clients, |
| 39 | or substantially and negatively affected the operation of an |
| 40 | aging services program;. |
| 41 | (b) The agency lacks financial stability sufficient to |
| 42 | meet contractual obligations or that contractual funds have been |
| 43 | misappropriated;. |
| 44 | (c) The agency has committed multiple or repeated |
| 45 | violations of legal and regulatory requirements or department |
| 46 | standards;. |
| 47 | (d) The agency has failed to continue the provision or |
| 48 | expansion of services after the declaration of a state of |
| 49 | emergency;. |
| 50 | (e) The agency has exceeded its authority or otherwise |
| 51 | failed to adhere to the terms of its contract with the |
| 52 | department or has exceeded its authority or otherwise failed to |
| 53 | adhere to the provisions specifically provided by statute or |
| 54 | rule adopted by the department;. |
| 55 | (f) The agency has failed to properly determine client |
| 56 | eligibility as defined by the department or efficiently manage |
| 57 | program budgets; or. |
| 58 | (g) The agency has failed to implement and maintain a |
| 59 | department-approved client grievance resolution procedure. |
| 60 | (3) If the department takes an intermediate measure |
| 61 | against an area agency on aging as provided in subsection (2) |
| 62 | and the department determines, at least 90 days after such |
| 63 | measure is taken, that the agency has failed to effectively |
| 64 | plan, fund, or administer contracts for programs and services |
| 65 | not funded by the federal Older Americans Act, the department |
| 66 | may terminate an agency's contract for such programs or |
| 67 | services. Notwithstanding any law to the contrary, in the event |
| 68 | of the termination of a contract with an agency, the department |
| 69 | shall contract, in accordance with chapter 287, with an entity |
| 70 | to plan, fund, and administer the programs and services |
| 71 | previously under contract in the affected planning and service |
| 72 | area. The department may directly provide the affected program |
| 73 | or service for a limited period of time but shall initiate a |
| 74 | competitive procurement process to replace the agency within 180 |
| 75 | days after the termination of the agency's contract. Any |
| 76 | contract or referral agreement effective on or after July 1, |
| 77 | 2006, between an area agency on aging and a lead agency or |
| 78 | service provider must be assignable to the department and |
| 79 | subsequently to an entity competitively selected under this |
| 80 | subsection. |
| 81 | Section 2. This act shall take effect July 1, 2006. |