Senate Bill sb1330

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    Florida Senate - 2006                                  SB 1330

    By Senator Fasano





    11-730B-06

  1                      A bill to be entitled

  2         An act relating to the Department of Elderly

  3         Affairs; amending s. 20.41, F.S.; deleting

  4         provisions relating to contracts by the

  5         Department of Elderly Affairs with area

  6         agencies on aging for certain services;

  7         creating s. 430.011, F.S.; defining the terms

  8         "department" and "secretary"; amending s.

  9         430.04, F.S.; deleting provisions relating to

10         the designation of an area agency on aging;

11         amending s. 430.05, F.S.; revising the

12         composition of the membership of the Department

13         of Elderly Affairs Advisory Council; amending

14         s. 430.071, F.S.; revising certain definitions

15         and defining the terms "homebound elderly

16         individual" and "RELIEF program"; providing

17         that RELIEF services may be delivered to a

18         homebound elderly individual in certain places;

19         providing criteria for eligibility to receive

20         respite services; authorizing the department to

21         give priority for services to persons who are

22         most in need of services in order to prevent

23         their institutionalization; authorizing the

24         department to adopt rules for the RELIEF

25         program; amending s. 430.101, F.S.; revising

26         provisions to conform to changes made by the

27         act; creating s. 430.103, F.S.; providing for

28         the administration of federal programs for the

29         aged; defining terms; providing for

30         responsibilities of the department and each

31         area agency on aging; authorizing the

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 1         department to sanction an area agency under

 2         certain specified circumstances; amending s.

 3         430.201, F.S.; conforming a cross-reference;

 4         amending s. 430.202, F.S.; requiring that the

 5         community care for the elderly program be

 6         operated through public or private agencies

 7         that are not agencies of the state; amending s.

 8         430.203, F.S.; redefining terms and adding a

 9         definition for the term "case management";

10         amending s. 430.204, F.S.; revising the

11         responsibilities and duties of the department

12         in administering the

13         community-care-for-the-elderly program;

14         directing the department to adopt rules;

15         requiring the department to contract with an

16         administering entity in each community care

17         service area; requiring the administrating

18         entity to designate a lead agency in the

19         community care service area; providing duties

20         for administering entities; providing duties

21         for each lead agency; requiring a lead agency

22         to ensure that case management and core

23         services are available to clients in the

24         community care service area; providing

25         eligibility criteria for case management and

26         core services; providing that certain abused

27         adults are entitled to primary consideration

28         for services; requiring training programs;

29         directing eligible persons to the Medicaid

30         program in order to conserve funds of the

31         community-care-for-the-elderly program;

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 1         authorizing the department to conduct certain

 2         demonstration projects; creating s. 430.2043,

 3         F.S.; providing procedures for the competitive

 4         selection of a lead agency; providing for the

 5         submission of proposals and the scoring of the

 6         proposals; providing that the secretary may

 7         waive the competitive-procurement process under

 8         specified circumstances; creating s. 430.2045,

 9         F.S.; requiring the department to adopt rules

10         to administer the

11         community-care-for-the-elderly program;

12         creating s. 430.2051, F.S.; requiring the

13         department and the Agency for Health Care

14         Administration to create an integrated

15         long-term-care delivery system; providing for a

16         demonstration project; directing the department

17         to monitor the Alzheimer's Disease waiver

18         program; requiring the agency, in consultation

19         with the department, to begin discussions with

20         the federal Centers for Medicare and Medicaid

21         Services regarding the inclusion of Medicare

22         into the integrated long-term-care system;

23         requiring the agency to provide the Governor,

24         the President of the Senate, and the Speaker of

25         the House of Representatives a plan for

26         including Medicare in the integrated

27         long-term-care system; creating s. 430.5001,

28         F.S.; authorizing the department to adopt rules

29         for the Alzheimer's Disease Initiative;

30         amending s. 430.502, F.S.; requiring

31         Alzheimer's respite provider organizations to

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 1         assess and collect service fees; requiring the

 2         department to prepare a fee schedule; amending

 3         ss. 430.602, 430.603, 430.604, and 430.606,

 4         F.S.; conforming provisions to changes made by

 5         the act; amending ss. 400.126, 420.36, 430.207,

 6         430.504, and 430.705, F.S., conforming

 7         cross-references; repealing ss. 430.205,

 8         430.2053, and 430.503, F.S., relating to the

 9         community care service system, aging resource

10         centers, and the Alzheimer's Disease

11         Initiative; providing an effective date.

12  

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

14  

15         Section 1.  Section 20.41, Florida Statutes, is amended

16  to read:

17         20.41  Department of Elderly Affairs.--There is created

18  a Department of Elderly Affairs.

19         (1)  The head of the department is the Secretary of

20  Elderly Affairs. The secretary must be appointed by the

21  Governor, subject to confirmation by the Senate. The secretary

22  serves at the pleasure of the Governor. The secretary shall

23  administer the affairs of the department and may employ

24  assistants, professional staff, and other employees as

25  necessary to discharge the powers and duties of the

26  department.

27         (2)  The department shall plan and administer its

28  programs and services through planning and service areas as

29  designated by the department.

30         (2)(3)  The department shall maintain its headquarters

31  in Tallahassee.

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 1         (3)(4)  The department shall administer the State

 2  Long-Term Care Ombudsman Council, created by s. 400.0067, and

 3  the local long-term care ombudsman councils, created by s.

 4  400.0069 and shall, as required by s. 712 of the federal Older

 5  Americans Act of 1965, ensure that both the state and local

 6  long-term care ombudsman councils operate in compliance with

 7  the Older Americans Act.

 8         (4)(5)  The department shall be the state unit on aging

 9  as defined in the federal Older Americans Act of 1965, as

10  amended, and shall exercise all responsibilities pursuant to

11  that act.

12         (6)  In accordance with the federal Older Americans Act

13  of 1965, as amended, the department shall designate and

14  contract with area agencies on aging in each of the

15  department's planning and service areas.  Area agencies on

16  aging shall ensure a coordinated and integrated provision of

17  long-term care services to the elderly and shall ensure the

18  provision of prevention and early intervention services.  The

19  department shall have overall responsibility for information

20  system planning.  The department shall ensure, through the

21  development of equipment, software, data, and connectivity

22  standards, the ability to share and integrate information

23  collected and reported by the area agencies in support of

24  their contracted obligations to the state.

25         (7)  The department shall contract with the governing

26  body, hereafter referred to as the "board," of an area agency

27  on aging to fulfill programmatic and funding requirements.

28  The board shall be responsible for the overall direction of

29  the agency's programs and services and shall ensure that the

30  agency is administered in accordance with the terms of its

31  contract with the department, legal requirements, established

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 1  agency policy, and effective management principles.  The board

 2  shall also ensure the accountability of the agency to the

 3  local communities included in the planning and service area of

 4  the agency.

 5         (8)  The area agency on aging board shall, in

 6  consultation with the secretary, appoint a chief executive

 7  officer, hereafter referred to as the "executive director," to

 8  whom shall be delegated responsibility for agency management

 9  and for implementation of board policy, and who shall be

10  accountable for the agency's performance.

11         (5)(9)  Area agencies on aging and other administering

12  entities under contract with the department are subject to

13  chapter 119, relating to public records, and, when considering

14  any contracts requiring the expenditure of funds, are subject

15  to ss. 286.011-286.012, relating to public meetings.

16         Section 2.  Section 430.011, Florida Statutes, is

17  created to read:

18         430.011  Definitions.--As used in this chapter, the

19  term:

20         (1)  "Department" means the Department of Elderly

21  Affairs.

22         (2)  "Secretary" means the Secretary of Elderly

23  Affairs.

24         Section 3.  Subsection (2) of section 430.04, Florida

25  Statutes, is amended to read:

26         430.04  Duties and responsibilities of the Department

27  of Elderly Affairs.--The Department of Elderly Affairs shall:

28         (2)  Be responsible for ensuring that each entity with

29  whom it contracts area agency on aging operates in a manner to

30  ensure that the elderly of this state receive the best

31  services possible. The department shall rescind designation of

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 1  an area agency on aging or take intermediate measures against

 2  the agency, including corrective action, unannounced special

 3  monitoring, temporary assumption of operation of one or more

 4  programs by the department, placement on probationary status,

 5  imposing a moratorium on agency action, imposing financial

 6  penalties for nonperformance, or other administrative action

 7  pursuant to chapter 120, if the department finds that:

 8         (a)  An intentional or negligent act of the agency has

 9  materially affected the health, welfare, or safety of clients,

10  or substantially and negatively affected the operation of an

11  aging services program.

12         (b)  The agency lacks financial stability sufficient to

13  meet contractual obligations or that contractual funds have

14  been misappropriated.

15         (c)  The agency has committed multiple or repeated

16  violations of legal and regulatory requirements or department

17  standards.

18         (d)  The agency has failed to continue the provision or

19  expansion of services after the declaration of a state of

20  emergency.

21         (e)  The agency has exceeded its authority or otherwise

22  failed to adhere to the terms of its contract with the

23  department or has exceeded its authority or otherwise failed

24  to adhere to the provisions specifically provided by statute

25  or rule adopted by the department.

26         (f)  The agency has failed to properly determine client

27  eligibility as defined by the department or efficiently manage

28  program budgets.

29         (g)  The agency has failed to implement and maintain a

30  department-approved client grievance resolution procedure.

31  

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 1         Section 4.  Section 430.05, Florida Statutes, is

 2  amended to read:

 3         430.05  Department of Elderly Affairs Advisory

 4  Council.--

 5         (1)  There is created the Department of Elderly Affairs

 6  Advisory Council which shall be located for administrative

 7  purposes in the Department of Elderly Affairs.  It is the

 8  intent of the Legislature that the advisory council shall be

 9  an independent nonpartisan body and shall not be subject to

10  the control, supervision, or direction by the department.

11         (2)  The council shall serve in an advisory capacity to

12  the secretary of Elderly Affairs to assist the secretary in

13  carrying out the purposes, duties, and responsibilities of the

14  department, as specified in this chapter.  The council may

15  make recommendations to the secretary, the Governor, the

16  Speaker of the House of Representatives, and the President of

17  the Senate regarding organizational issues and additions or

18  reductions in the department's duties and responsibilities.

19         (3)(a)  The advisory council shall be composed of

20  members one member appointed by the Governor from each of the

21  state's planning and service areas, which are designated in

22  accordance with the Older Americans Act, two additional

23  members appointed by the Governor, two members appointed by

24  the President of the Senate, and two members appointed by the

25  Speaker of the House of Representatives. The members shall be

26  appointed in the following manner:

27         1.  The Governor shall appoint one member from each

28  planning and service area and two additional at-large members.

29  Members appointed from a planning and service area must

30  maintain their primary residence within the boundaries of the

31  planning and service area that they represent. At-large

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 1  members must maintain their primary residence in the state.

 2  The Governor shall ensure that a majority of his appointments

 3  to the advisory council are 60 years of age or older and that

 4  the membership has a balanced minority and gender

 5  representation. shall select each appointment from a list of

 6  three nominations submitted by the designated area agency on

 7  aging in each planning and service area.  Nominations

 8  submitted by an area agency on aging shall be solicited from a

 9  broad cross section of the public, private, and volunteer

10  sectors of each county in the respective planning and service

11  area.  At least one of the three nominations submitted by an

12  area agency on aging shall be a person 60 years of age or

13  older.

14         2.  The Governor shall appoint two additional members,

15  one of whom shall be 60 years of age or older.

16         2.3.  The President of the Senate shall appoint two

17  members. Both appointees must maintain their primary residence

18  in the state, and at least one appointee must, one of whom

19  shall be 60 years of age or older.

20         3.4.  The Speaker of the House of Representatives shall

21  appoint two members. Both appointees must maintain their

22  primary residence in the state, and at least one appointee

23  must, one of whom shall be 60 years of age or older.

24         5.  The Governor shall ensure that a majority of the

25  members of the advisory council shall be 60 years of age or

26  older and that there shall be balanced minority and gender

27  representation.

28         6.  The Governor shall designate annually a member of

29  the advisory council to serve as chair.

30         4.7.  The secretary of Elderly Affairs shall serve as

31  an ex officio member of the advisory council.

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 1         (b)  Members shall be appointed to 3-year terms. A

 2  member may not serve more than two consecutive terms. in the

 3  following manner:

 4         (c)  Vacancies shall be filled in the same manner as

 5  the original appointment, except that when a vacancy occurs in

 6  a position occupied by a member representing a planning and

 7  service area, the department, after consulting with the board

 8  of the local area agency on aging from that planning and

 9  service area, shall submit to the Governor a list of

10  recommended persons to fill the appointment. Nominations must

11  be solicited from a cross-section of the public, private, and

12  volunteer sectors of each county in the respective planning

13  and service area after discussions with various local

14  governments and service provider organizations.

15         (d)  The Governor shall appoint a chair to serve a

16  1-year term. The council may elect a vice chair from among its

17  members to preside over the council in the absence of the

18  chair.

19         1.  In order to stagger the terms of office, one of the

20  initial appointees of the President of the Senate shall be

21  appointed to a 2-year term and one of the initial appointees

22  of the Speaker of the House of Representatives shall be

23  appointed to a 2-year term.  Additionally, one-third of the

24  total initial appointees of the Governor shall be appointed to

25  1-year terms, one-third shall be appointed to 2-year terms,

26  and one-third to 3-year terms.  If the initial appointments of

27  the Governor are not of a number divisible into thirds, and

28  there results one additional appointee, that appointee shall

29  be appointed to a 2-year term.  If the initial appointments of

30  the Governor are not of a number divisible into thirds, and

31  there results two additional appointees, one of the additional

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 1  appointees shall be appointed to a 1-year term and the other

 2  appointee shall be appointed to a 2-year term.

 3         2.  Vacancies occurring during an appointee's initial

 4  term shall be filled in the same manner as the initial

 5  appointments, pursuant to subparagraph 1. After the terms

 6  referred to in subparagraph 1. have expired, members shall be

 7  appointed to 3-year terms.

 8         (4)  In order to enhance its understanding of the

 9  various needs of the state's elderly population and to avoid

10  unnecessary duplication of effort, the advisory council shall

11  identify any council, committee, task force, or similar group

12  that is statutorily mandated to represent the interest of

13  older persons, and shall invite a member aged 60 years or

14  older, or a younger member if there are no members aged 60

15  years or older, from each identified group to serve as a

16  nonvoting ex officio member of the advisory council.

17         (4)(5)  The advisory council shall meet at the call of

18  the chair or of a majority of its members least quarterly, or

19  more frequently as needed.

20         (5)(6)  The department of Elderly Affairs shall provide

21  staff support to assist the advisory council in the

22  performance of its duties.

23         (6)(7)  Members of the advisory council shall receive

24  no salary, but are entitled to reimbursement for travel and

25  per diem expenses, as provided in s. 112.061, while performing

26  their duties under this section.

27         Section 5.  Section 430.071, Florida Statutes, is

28  amended to read:

29         430.071  Respite for elders living in everyday

30  families.--

31         (1)  As used in this section, the term:

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 1         (a)  "Family unit" means one or more individuals who

 2  share space within an enclosed single-family dwelling or other

 3  space on the same property of a single-family homestead whose

 4  primary residence is with a homebound elderly individual

 5  specifically for the purpose of providing care for that

 6  homebound elderly individual. The individuals do family does

 7  not necessarily need to be related by blood or marriage to the

 8  homebound elderly individual.

 9         (b)  "Homebound elderly individual" means an individual

10  60 years of age or older who requires assistance to remain in

11  the home, and absent such assistance, would need to move to a

12  skilled nursing or assisted living facility.

13         (c)  "RELIEF program" means the Respite for Elders

14  Living in Everyday Families program created under this

15  section.

16         (d)(b)  "Respite" means temporary in-home assistance

17  for a homebound elderly individual from someone who is not a

18  member of the family unit, which allows the family unit the

19  ability to leave the homebound elderly individual for a period

20  of time.

21         (e)(c)  "Stipend" means an allotment of funds to enable

22  a diverse population of volunteers to provide services. The

23  stipend must be paid at an allotment of funds is for a maximum

24  hourly rate that does shall not exceed an amount equal to the

25  federal minimum wage.

26         (d)  "Volunteer service system" means an organized

27  network of volunteers and agencies engaged in supporting

28  volunteers to assist a family unit that requires respite.

29         (2)  There is created within the department the

30  "Respite for Elders Living in Everyday Families" (RELIEF)

31  program. The RELIEF program shall will provide one-on-one or

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 1  congregate in-home respite services as that is an expansion of

 2  respite services that are is currently available through other

 3  programs, specifically including evening and weekend respite.

 4  The purpose of this service is to increase the ability of a

 5  family unit to continue to care for a homebound elderly

 6  individual by providing in-home respite services beyond the

 7  basic provisions of current public programs.

 8         (3)  Respite services under the RELIEF program may be

 9  provided in:

10         (a)  The family unit's dwelling or another location on

11  the property of the family unit approved by the department; or

12         (b)  Another facility approved by the department if the

13  homebound elderly individual returns to the family unit's

14  dwelling or property at the conclusion of the respite service.

15         (4)(3)  Respite services shall be provided through a

16  multigenerational corps of volunteers, volunteers who receive

17  a stipend, and any other appropriate personnel as determined

18  by the department.

19         (a)  Volunteers shall be screened, selected, trained,

20  and registered according to standards developed by the Office

21  of Volunteer and Community Services in the department of

22  Elderly Affairs. These standards must be developed to ensure,

23  at a minimum, the safety of a homebound elderly individual who

24  will receive the respite service.

25         (b)  Volunteers may be recruited from a variety of

26  sources, including, but not limited to, volunteer centers,

27  religious organizations, college campuses, corporations,

28  families, Retired Senior Volunteer Programs, Senior Companion

29  Programs, and AmeriCorps Programs.

30         (5)(a)(4)  To receive assistance from the RELIEF

31  program, the family unit must be assessed according to the

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 1  following guidelines developed by the department to determine

 2  the need for respite services. This assessment must determine,

 3  at a minimum, that:

 4         1.  The family unit is caring for a homebound elderly

 5  individual who meets the standards for program eligibility;

 6  and

 7         2.(a)  The family unit is unable to pay for respite

 8  services without jeopardizing other basic needs, including,

 9  but not limited to, food, shelter, and medications.

10         (b)  The department may prioritize the order by which a

11  family unit receives RELIEF program services with priority

12  given first to those determined to be most in need of respite

13  services in order to continue to care for the homebound

14  elderly individual The homebound elderly individual for whom

15  the family unit is caring is 60 years of age or older,

16  requires assistance to remain in the home, and, without this

17  assistance, would need to move to an assisted living facility

18  or a nursing facility.

19         (c)(5)  A family unit that receives respite services

20  from the RELIEF program is not excluded from receiving

21  assistance from other governmental programs, but the

22  department may take other assistance that the family unit is

23  receiving into account when determining an order of priority

24  for services under the RELIEF program.

25         (6)  The department Office of Volunteer and Community

26  Services shall:

27         (a)  Systematically develop a volunteer service system

28  in order to provide respite services under the RELIEF program.

29  The office shall also Implement, monitor, and evaluate the

30  delivery of respite services provided through the RELIEF under

31  this program.

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 1         (b)  Develop an organized network of volunteers and

 2  agencies engaged in supporting volunteers in order to provide

 3  services under the RELIEF program.

 4         (c)(b)  Work collaboratively with local, state, and

 5  national organizations, including, but not limited to, the

 6  Florida Commission on Community Service, to promote the use of

 7  volunteers providing offering respite services under this

 8  program.

 9         (d)(c)  Encourage contributions and grants through

10  public and private sources to promote the delivery of respite

11  to assist family units providing care for homebound elderly

12  individuals.

13         (7)  The department may adopt rules to administer the

14  RELIEF program.

15         Section 6.  Section 430.101, Florida Statutes, is

16  amended to read:

17         430.101  State unit on aging; designation; authority

18  Administration of federal aging programs.--The department of

19  Elderly Affairs is designated the state unit on aging under

20  the federal Older Americans Act of 1965, as amended, and shall

21  exercise all responsibilities under that act. The department

22  is the state agency designated to handle all programs of the

23  Federal Government relating to the aging, by virtue of funds

24  appropriated through the Older Americans Act of 1965 and

25  subsequent amendments, requiring actions within the state

26  which are not the specific responsibility of another state

27  agency under the provisions of federal or state law. Authority

28  is hereby conferred on The department may to accept and use

29  any funds in accordance with established state budgetary

30  procedures which might become available pursuant to the

31  purposes set out herein.

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 1         Section 7.  Section 430.103, Florida Statutes, is

 2  created to read:

 3         430.103  Administration of federal programs for the

 4  aged.--

 5         (1)  DEFINITIONS.--As used in this section, the term:

 6         (a)  "Agency" means an area agency on aging designated

 7  by the department.

 8         (b)  "Area agency on aging" means a public or

 9  not-for-profit private agency or office designated by the

10  department to coordinate and administer the federal programs

11  on aging and to provide, through contracting agencies,

12  services within a planning and service area. Entities under

13  contract with the department to serve as an area agency on

14  aging are not agencies, agents, or offices of state

15  government.

16         (c)  "Board" means the governing body of an agency.

17         (d)  "Executive director" means the chief executive

18  officer of an agency appointed by, and serving at the pleasure

19  of, the agency's board.

20         (e)  "Planning and service area" means a geographic

21  service area designated by the department in which the federal

22  programs on aging are administered and services are delivered.

23         (2)  DEPARTMENT RESPONSIBILITIES.--

24         (a)  In accordance with the federal Older Americans Act

25  of 1965, as amended, the department shall:

26         1.  Apportion the state into one or more planning and

27  service areas.

28         2.  Administer programs and services of the Older

29  American Act through the planning and service areas.

30  

31  

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 1         3.  Execute a contract with the board of each agency to

 2  administer services of the Older American Act within the

 3  planning and service area that the agency serves.

 4         (b)  The department shall regularly monitor the

 5  activities of each agency to ensure that each agency meets all

 6  of the requirements of federal and state law and rule, as well

 7  as departmental contracts and policies.

 8         (c)  The department shall adopt rules to administer and

 9  oversee the programs authorized under this section.

10         (3)  BOARD RESPONSIBILITIES.--

11         (a)  The board of each agency shall:

12         1.  Be accountable for the performance of the agency.

13         2.  Be responsible for the overall direction of the

14  programs and services of the agency.

15         3.  Ensure that the agency is administered according to

16  the terms of its contract with the department, established

17  state and federal laws, rules, and policies, and effective

18  management and budgetary principles.

19         4.  Ensure the accountability of the agency to local

20  governments and local communities located within the planning

21  and service area that the agency serves.

22         (b)  The board may appoint an executive director. It

23  may delegate to the director the responsibility for day-to-day

24  agency management and operation and for implementing board

25  policy.

26         (4)  DEPARTMENTAL SANCTIONS AND PENALTIES.--

27         (a)  The secretary shall rescind the designation of an

28  agency if the department determines that:

29         1.  An intentional or negligent act or omission by the

30  agency has materially affected the health, welfare, or safety

31  

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 1  of clients or substantially and negatively affected the

 2  operation of a program.

 3         2.  The agency has exceeded its authority, has failed

 4  to adhere to the terms of its contract with the department, or

 5  has otherwise failed to adhere to the relevant laws or rules.

 6         3.  The agency lacks financial stability sufficient to

 7  meet contractual obligations or that contractual funds have

 8  been misappropriated or mismanaged.

 9         4.  The agency has committed violations of department

10  standards or policies.

11         5.  The agency has repeatedly failed to properly

12  determine client eligibility under the laws, rules, or

13  department standards.

14         6.  The agency has failed to implement or maintain a

15  department-approved procedure to resolve client grievances.

16         7.  The agency has failed to continue to provide or

17  expand services after the declaration of a state of emergency.

18         (b)1.  If the department determines that an agency has

19  committed a violation of law, rule, contract, or policy,

20  including those listed in paragraph (a), but the secretary

21  determines that intermediate corrective actions may resolve

22  the issue without rescinding the agency's designation, the

23  secretary may place the agency on probation and take

24  intermediate corrective actions. The secretary may not place

25  an agency on probation or take intermediate corrective actions

26  for a period of less than 30 days or more than 1 year.

27         2.  The secretary shall provide to the board a written

28  notice of probation. The notice must include the reasons for

29  placing the agency on probation, including the specific

30  violations committed by the agency, the length of the

31  probation being imposed, any specific conditions the agency

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 1  will be subject to while on probation, any actions required of

 2  the agency to rectify the violation, any actions the

 3  department intends to take related to the probation, and any

 4  other information relevant to the violation or probation. A

 5  copy of the notice shall be provided to the Governor, the

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

 7  Representatives.

 8         3.  The secretary may impose, either singularly or in

 9  conjunction with, any of the following intermediate corrective

10  actions:

11         a.  Levying financial penalties against the agency

12  which the secretary determines are commensurate with the

13  seriousness of the violation.

14         b.  Temporarily assuming the administration of one or

15  more programs on behalf of the agency or assigning these

16  administrative duties to another qualified entity, including

17  another designated area agency on aging.

18         c.  Prohibiting the agency from taking specific actions

19  without first receiving departmental approval.

20         d.  Conducting unannounced special monitoring of the

21  agency.

22         e.  Taking any other punitive action allowable under

23  chapter 120.

24         4.  The secretary may terminate an agency's probation

25  before the date specified in the notice of probation.

26         5.  Upon terminating the probation, the secretary shall

27  determine whether the agency has taken sufficient actions

28  necessary to rectify the violations listed in the notice of

29  probation and whether the agency is capable of continuing to

30  serve as a designated area agency on aging. The secretary

31  shall submit to the board a written notice of his or her

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 1  determination. A copy of the notice shall be provided to the

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

 3  House of Representatives.

 4         6.  If the secretary determines that the agency has not

 5  made sufficient progress to correct the violations listed in

 6  the notice of probation, the secretary shall rescind the

 7  agency's designation.

 8         7.  The secretary shall rescind the designation of any

 9  agency that has twice been placed on probation and that

10  commits a third violation within 5 years after the date the

11  first probation was imposed.

12         Section 8.  Section 430.201, Florida Statutes, is

13  amended to read:

14         430.201  Short title.--Sections 430.201-430.2045

15  430.201-430.207 may be cited as the "Community Care for the

16  Elderly Act."

17         Section 9.  Section 430.202, Florida Statutes, is

18  amended to read:

19         430.202  Community care for the elderly; legislative

20  intent.--The purpose of ss. 430.201-430.2045 ss.

21  430.201-430.207 is to assist functionally impaired elderly

22  persons to live in living dignified and reasonably independent

23  lives in their own homes or in the homes of relatives or

24  caregivers through the development, expansion, reorganization,

25  and coordination of various community-based services provided

26  and administered through public or private entities that are

27  not agencies or offices of state government.  The Legislature

28  intends that a continuum of care be established so that

29  functionally impaired elderly persons age 60 and older may be

30  assured the least restrictive environment suitable to their

31  needs.  The development of innovative approaches to program

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 1  management, staff training, and service delivery which have an

 2  impact on cost-avoidance, cost-effectiveness, and program

 3  efficiency is encouraged.

 4         Section 10.  Section 430.203, Florida Statutes, is

 5  amended to read:

 6         430.203  Community care for the elderly;

 7  definitions.--As used in ss. 430.201-430.2045 ss.

 8  430.201-430.207, the term:

 9         (1)  "Administrative entity" "Area agency on aging"

10  means a public or nonprofit private entity agency or office

11  designated by the department to coordinate and administer the

12  department's programs and to provide, through contracting

13  agencies, services within a community care planning and

14  service area. Local governments or other entities under

15  contract with the department to serve as administering

16  entities are not agencies, agents, or offices of state

17  government An area agency on aging serves as both the advocate

18  and the visible focal point in its planning and service area

19  to foster the development of comprehensive and coordinated

20  service systems to serve older individuals.

21         (2)  "Community care service area" means a geographic

22  area designated by the department for the purposes of

23  organizing the local provision of

24  community-care-for-the-elderly case management and core

25  services service area within a planning and service area.

26         (3)  "Community care service network system" means a

27  service network that is organized to provide various and

28  necessary case management and core services through a

29  multitude of entities to comprising a variety of

30  home-delivered services, day care services, and other basic

31  services, hereinafter referred to as "core services," for

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 1  functionally impaired elderly persons residing within the

 2  boundaries of the community care service area. The network is

 3  under the direction of which are provided by or through a

 4  single lead agency. The Its purpose of the network is to

 5  provide a continuum of care encompassing a full range of

 6  preventive, maintenance, and restorative services for

 7  functionally impaired elderly persons to prevent unnecessary

 8  institutionalization.

 9         (4)  "Case management" means a client-centered series

10  of activities that include planning, arranging for, and

11  coordinating community-based services for an eligible client

12  of the community-care-for-the-elderly program. Case management

13  includes intake and referral services, travel time related to

14  the client's case, a comprehensive client assessment,

15  development of an individualized care plan with planned client

16  outcomes, and followup contacts for the purpose of monitoring

17  the client's situation and assuring timely, effective delivery

18  of services. "Contracting agency" means an area agency on

19  aging, a lead agency, or any other agency contracting to

20  provide program administration or to provide services.

21         (5)  "Core services" means a variety of home-delivered

22  services, day care services, personal care services, and other

23  basic services that are provided to functionally impaired

24  elderly persons may be provided by several entities. Core

25  services are those services that are required most needed to

26  assist a functionally impaired elderly person to live in his

27  or her own home or in the home of a relative or caregiver.

28  Without receiving core services, the individual would likely

29  be required to move to a more institutionalized care setting.

30  For the purposes of ss. 430.201-430.2045, case management is

31  considered as a separate service and is not a core service

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 1  prevent unnecessary institutionalization. The area agency on

 2  aging shall not directly provide core services.

 3         (6)  "Department" means the Department of Elderly

 4  Affairs.

 5         (6)(7)  "Functionally impaired elderly person" means

 6  any person, 60 years of age or older, having physical or

 7  mental limitations that restrict individual ability to perform

 8  the normal activities of daily living and that impede

 9  individual capacity to live independently in his or her own

10  home or in the home of a relative or caregiver without

11  receiving the provision of core services. Functional

12  impairment shall be determined through a functional assessment

13  administered to each applicant for

14  community-care-for-the-elderly core services. The functional

15  assessment shall be developed by the department.

16         (8)  "Health maintenance services" means those routine

17  health services that are necessary to help maintain the health

18  of a functionally impaired elderly person, but that are

19  limited to medical therapeutic services, nonmedical prevention

20  services, personal care services, home health aide services,

21  home nursing services, and emergency response systems.

22         (7)(9)  "Lead agency" means an agency designated at

23  least once every 3 years by an administering entity under s.

24  430.204 area agency on aging as the result of a request for

25  proposal process to be in place no later than the state fiscal

26  year 1996-1997. A lead agency directs the activities of the

27  community care service network within the boundaries of the

28  community care service area that the agency is designated to

29  serve. A lead agency is not an agency, agent, or office of

30  state government.

31  

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 1         (a)  The guidelines for the request for proposal must

 2  be developed by the department in consultation with the area

 3  agencies on aging.  Such guidelines must include requirements

 4  for the assurance of quality and cost-efficiency of services,

 5  minimum personnel standards, and employee benefits.

 6         (b)  The area agency on aging, in consultation with the

 7  department, shall exempt from the competitive bid process any

 8  contract with a provider who meets or exceeds established

 9  minimum standards, as determined by the department.

10         (c)  In each community care service system the lead

11  agency must be given the authority and responsibility to

12  coordinate some or all of the services, either directly or

13  through subcontracts, for functionally impaired elderly

14  persons. These services must include case management,

15  homemaker and chore services, respite care, adult day care,

16  personal care services, home-delivered meals, counseling,

17  information and referral, and emergency home repair services.

18  The lead agency must compile community care statistics and

19  monitor, when applicable, subcontracts with agencies providing

20  core services.

21         (8)(10)  "Personal care services" means services to

22  assist with bathing, dressing, ambulation, housekeeping,

23  supervision, emotional security, eating, supervision of

24  self-administered medications, and assistance in securing

25  health care from appropriate sources.  Personal care services

26  does not include medical services.

27         (11)  "Planning and service area" means a geographic

28  service area established by the department, in which the

29  programs of the department are administered and services are

30  delivered.

31  

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 1         (12)  "State Plan on Aging" means the service plan

 2  developed by the department which evaluates service needs of

 3  the elderly, identifies priority services and target client

 4  groups, provides for periodic evaluation of activities and

 5  services funded under the plan, and provides for

 6  administration of funds available through the federal Older

 7  Americans Act. The state plan on aging must be based upon area

 8  plans on aging developed by the area agencies on aging in

 9  order that the priorities and conditions of local communities

10  are taken into consideration.

11         Section 11.  Section 430.204, Florida Statutes, is

12  amended to read:

13         430.204  Community-care-for-the-elderly program core

14  services; departmental powers and duties.--

15         (1)  In order to administer the

16  community-care-for-the-elderly program, the department shall:

17         (a)  Designate community care service areas to organize

18  and provide community-care-for-the-elderly case management and

19  core services to functionally impaired elderly persons in

20  local communities throughout the state.

21         (b)  Ensure that there exists in each county, as

22  defined in s. 125.011, more than one but not more than three

23  community care service networks.

24         (c)  Designate one or more geographic service areas in

25  the state which may include one or more community care service

26  areas, the purpose of which is to set the boundaries within

27  which a designated administering entity shall have

28  administration and oversight authority through contract with

29  the department.

30         (d)  Contract with an administering entity or entities

31  to fund, administer, and oversee the delivery of community

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 1  care for the elderly case management and core services to

 2  functionally impaired elderly persons residing in each

 3  designated community care service area in the state. The

 4  department may serve as the administering entity for one or

 5  more community care service areas.

 6         (e)  Regularly monitor each administering entity to

 7  ensure that it is meeting all federal and state laws and rules

 8  and departmental contracts and policies.

 9         (f)  Adopt rules to:

10         1.  Define each core service to be provided through the

11  program.

12         2.  Establish quality assurance standards for the

13  delivery of case management and core services.

14         3.  Establish standards that entities must meet in

15  order to be eligible to serve as an administering entity and

16  establish procedures by which to designate the entity.

17         4.  Establish standards for an entity to be eligible to

18  serve as a lead agency.

19         5.  Establish standards for an entity to be eligible to

20  provide core services.

21         6.  Draft procedures for terminating a contract with an

22  administering entity that violates the law, a rule, or its

23  contract with the department and procedures for transferring

24  administrative duties to another administering entity. Each

25  procedure must ensure the minimum adversity for the clients of

26  the program.

27         7.  Draft procedures that an administering entity or

28  lead agency must follow in order to sanction a provider for

29  noncompliance with state or federal laws, rules, department

30  policies, or contract requirements.

31  

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 1         8.  Draft procedures that an administering entity or

 2  lead agency must follow in order to:

 3         a.  Terminate a contract with a lead agency or service

 4  provider that violates the law, a rule, or its contract, or

 5  that otherwise fails to meet the standards necessary to

 6  continue providing services; and

 7         b.  Transfer the responsibility for services to another

 8  qualified lead agency or service provider while causing

 9  minimal disruption to the program's clients.

10         (2)(a)  Each administering entity in the state shall

11  designate one lead agency for each community care service area

12  within the boundaries of the geographic area it serves. Lead

13  agencies shall be designated at least once every 3 years by

14  means of the competitive selection process under s. 430.2043.

15         (b)  An administering entity must regularly monitor

16  each lead agency with which it has a contract to ensure that

17  the lead agency is meeting all federal and state laws and

18  rules, departmental policies, and contract requirements.

19         (c)  An administering entity may not provide case

20  management or core services to clients of the

21  community-care-for-the-elderly program unless the department

22  determines that special circumstances exist which warrant the

23  temporary provision of those services by an administering

24  entity.

25         (a)  The department shall fund, through each area

26  agency on aging, at least one community care service system

27  the primary purpose of which is the prevention of unnecessary

28  institutionalization of functionally impaired elderly persons

29  through the provision of community-based core services.

30  Whenever feasible, an area agency on aging shall be the

31  contracting agency of preference to engage only in the

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 1  planning and funding of community-care-for-the-elderly core

 2  services for functionally impaired elderly persons.

 3         (b)  The department shall fund, through each area

 4  agency on aging in each county as defined in s. 125.011(1),

 5  more than one community care service system the primary

 6  purpose of which is the prevention of unnecessary

 7  institutionalization of functionally impaired elderly persons

 8  through the provision of community-based core services.

 9         (3)(2)  Each lead agency shall organize a community

10  care service network for its community care service area. The

11  lead agency shall coordinate the activities of the individual

12  contracting agencies within the network. All existing

13  community resources available to functionally impaired elderly

14  persons shall be coordinated into the a community care service

15  network system to provide a continuum of care for these to

16  such persons as their needs change. Additional services may be

17  provided, but may not be funded from the

18  community-care-for-the-elderly core service funds appropriated

19  by the Legislature.  Agencies providing services with these

20  funds contracting with the department shall ensure that all

21  other local funding sources available have been used before

22  using prior to utilizing community-care-for-the-elderly funds.

23  The department, administering entities, and other entities

24  agencies contracting with the department may accept gifts and

25  grants in order to provide services within a community care

26  service area may accept grants and gifts in order to expand

27  those services to additional clients or to new service areas.

28         (4)(a)  The lead agency shall ensure that case

29  management and core services are available for all clients

30  enrolled in the program within its community care service area

31  and that, when feasible, policies, procedures, and contracts

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 1  are in place to offer prospective and current clients an

 2  unbiased choice of care providers within the service network.

 3         (b)  In each community care service network, the lead

 4  agency shall provide case-management services. Core services

 5  may be provided by any public or private entity, including the

 6  lead agency, if the entity meets the requirements of paragraph

 7  (c) and the standards adopted by rule of the department for

 8  service providers.

 9         (c)  The administering entity shall ensure that:

10         1.  Whenever feasible, functionally impaired elderly

11  persons are provided with a choice of care providers within a

12  community care service network; and

13         2.  The entities under contract to provide core

14  services within the network are the most cost-effective

15  providers available to serve the community care service area.

16  The administering entity shall ensure that providers meet

17  standards for client safety, satisfaction, and quality

18  assurance by requiring each lead agency to competitively

19  select core service providers to create its service network.

20  The administering entity may not allow a lead agency to

21  provide a core service if the agency does not meet the

22  requirements of this subparagraph for that service.

23         (d)  The lead agency must compile statistics on

24  community care and monitor, when applicable, subcontracts with

25  agencies providing core services within its network.

26         (5)(a)  A person who has been classified as a

27  functionally impaired elderly person is eligible to receive

28  case management and those core services that the person

29  requires to prevent or delay the person's movement to a more

30  institutionalized care setting. Eligibility for

31  community-care-for-the-elderly services does not entitle a

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 1  person to each core service available under the program. The

 2  department shall adopt a rule specifying the criteria that

 3  will ensure that a person's plan of care is commensurate with

 4  his or her care needs specifically in order to prevent or

 5  delay movement to a more institutionalized care setting.

 6         (b)  Functional impairment shall be determined through

 7  a functional assessment administered to each applicant seeking

 8  community-care-for-the-elderly services. The functional

 9  assessment instrument shall be developed by the department.

10         (c)1.  The department shall determine an order of

11  prioritization for all functionally impaired elderly persons

12  seeking community-care-for-the-elderly services which is based

13  on the frailty level of the applicant and the applicant's

14  likelihood of institutional placement if he or she does not

15  receive program services. After determining the applicant's

16  frailty level and likelihood of institutional placement, if

17  the list of potential recipients requires further

18  prioritization, the department shall consider the applicant's

19  ability to pay for similar services. Those who are less able

20  to pay for services must receive higher priority than those

21  who are better able to pay for the services. An applicant's

22  ability to pay may be determined by using the applicant's

23  self-declared statement of income and expenses.

24         2.  Administering entities, lead agencies, and service

25  providers may not provide services to a client using

26  community-care-for-the-elderly funds if the individual is not

27  within a priority category established by the criteria of this

28  paragraph.

29         3.  The department may temporarily waive the

30  requirements of this paragraph if the secretary determines

31  that an emergency situation exists.

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 1         (d)  Notwithstanding paragraph (c), a person who is 60

 2  years of age or older and who is determined by a protective

 3  investigation to be a vulnerable adult in need of services

 4  under s. 415.104(3), or to be a victim of abuse, neglect, or

 5  exploitation who is in need of immediate services in order to

 6  prevent further harm, and who is referred by the adult

 7  protective services program, shall be given primary

 8  consideration for receiving community-care-for-the-elderly

 9  core services. As used in this paragraph, the term "primary

10  consideration" means that an assessment and services must

11  start within 72 hours after the person is referred to the

12  department or as established in accordance with department

13  contracts by local protocols developed between department

14  service providers and the adult protective services program.

15         (6)  A preservice and in-service training program for

16  community-care-for-the-elderly service providers and staff

17  shall be designed and implemented to help ensure the delivery

18  of quality services. The department shall adopt a rule

19  specifying the training standards and requirements for service

20  providers and staff. Training must be sufficient to ensure

21  that quality services are provided to clients and that

22  appropriate skills are developed to conduct the program.

23         (7)(3)  The use of volunteers shall be maximized to

24  provide a range of services for the functionally impaired

25  elderly persons person. The department shall provide or

26  arrange for the provision of training and supervision of

27  volunteers to ensure the delivery of quality services.  The

28  department or contracting agency may provide, or it may

29  require administering entities, lead agencies, or service

30  providers under contract to provide, appropriate insurance

31  coverage to protect volunteers from personal liability while

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 1  acting within the scope of their volunteer assignments under a

 2  community care service area. The coverage may also include

 3  excess automobile liability protection.

 4         (4)  The department or contracting agency shall

 5  contract for the provision of the core services required by a

 6  community care service area.

 7         (8)(5)  Lead agencies and entities under contract with

 8  a lead agency providing Entities contracting to provide core

 9  services under ss. 430.201-430.0245 ss. 430.201-430.207 must

10  provide a minimum of 10 percent of the funding necessary for

11  the support of the program's operation project operations.

12  In-kind contributions, including whether materials,

13  commodities, transportation, office space, other types of

14  facilities, or personal services, and contributions of money

15  or services from functionally impaired elderly persons may be

16  evaluated and counted as part or all of the required local

17  funding.

18         (9)(6)  Whenever When possible, services shall be

19  provided to elderly persons under the Florida Plan for Medical

20  Assistance under Title XIX of the Social Security Act in place

21  of using community-care-for-the-elderly funds. This subsection

22  does not prevent the temporary delivery of services to elderly

23  persons who are awaiting determination of eligibility under

24  the Medicaid program. However, if a functionally impaired

25  elderly person receiving community-care-for-the-elderly core

26  services is determined to be eligible for substantially

27  similar services under the Medicaid program, the person must

28  be transferred immediately to the Medicaid program. obtained

29  under:

30         (a)  The Florida Plan for Medical Assistance under

31  Title XIX of the Social Security Act; or

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 1         (b)  The State Plan on Aging under the Older Americans

 2  Act.

 3         (10)(7)  Funds appropriated for the community care for

 4  the elderly program must be used only for the provision of

 5  community-care-for-the-elderly core services, case management,

 6  and directly related expenditures.  The department may provide

 7  advance funding for the community-care-for-the-elderly

 8  program.

 9         (11)(8)  Provider agencies are responsible for the

10  collection of fees for services in accordance with rules

11  adopted by the department. Provider agencies shall assess fees

12  for services rendered in accordance with those rules.  To help

13  pay for services received through the

14  community-care-for-the-elderly program from community care for

15  the elderly, a functionally impaired elderly person shall be

16  assessed a fee based on the person's an overall ability to pay

17  for core services without jeopardizing the person's ability to

18  pay for other basic living necessities such as expenses for

19  food, living space, medications, and other similar

20  life-sustaining expenditures.  The fee to be assessed shall be

21  fixed according to a schedule established by the department in

22  cooperation with area agencies, lead agencies, and service

23  providers.

24         (12)(9)  The department shall evaluate the delivery of

25  services within community care service areas and recommend

26  legislative and administrative action as necessary. The

27  department shall analyze Accurate analysis of the costs and

28  benefits associated with the establishment and operation of

29  the program programs as determined through a uniform cost

30  accounting and reporting system designed shall be maintained

31  to provide an assessment of the ability of these programs to:

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 1         (a)  Reduce the rate of inappropriate entry and

 2  placement of functionally impaired elderly persons into more

 3  restrictive care settings in institutions; and

 4         (b)  Reduce the use of institutional services and

 5  facilities.; and

 6         (c)  Recommend legislative and administrative action.

 7         (13)  Notwithstanding other provisions of this section,

 8  the department may conduct or contract for demonstration

 9  projects to determine the desirability of new concepts of

10  organization, administration, or service delivery which are

11  designed to prevent the institutionalization of functionally

12  impaired elderly persons. The department shall evaluate the

13  cost-avoidance features of the demonstration projects, the

14  ability of the projects to reduce the rate of placing

15  functionally impaired elderly persons into institutions, and

16  the impact of the projects on the use of institutional

17  services and facilities.

18         Section 12.  Section 430.2043, Florida Statutes, is

19  created to read:

20         430.2043  Competitive selection of lead agencies and

21  core service providers.--

22         (1)  An entity may be designated as a lead agency for a

23  community care service area under the

24  community-care-for-the-elderly program only after examining

25  and impartially scoring competitive sealed proposals. An

26  administering entity must follow the procedures set forth in

27  this section when conducting the competitive-procurement

28  process.

29         (a)  A request for proposals shall be made available

30  simultaneously to all prospective vendors using multiple

31  written or recorded advertisements through such mediums as

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 1  newspapers, television, Internet websites, e-mail, and other

 2  community advertisements. The request for proposals must

 3  include:

 4         1.  A statement of the commodities or contractual

 5  services sought;

 6         2.  The latest possible time and date for the receipt

 7  of a proposal and the location to which the proposal must be

 8  sent in order to be considered;

 9         3.  The time, date, and location of the public opening

10  of all proposals;

11         4.  A listing of the names and professional titles of

12  each member and alternate member of the review committee;

13         5.  The grievance procedure for any vendor wishing to

14  file a bid protest relating to the impartiality or legality of

15  the competitive selection or scoring process; and

16         6.  All contractual terms and conditions applicable to

17  the procurement, including the criteria, which must include,

18  but need not be limited to, cost-effectiveness, quality,

19  variety of services offered, and geographic service area to be

20  served, which criteria shall be scored and used to determine

21  the most advantageous proposal.

22         (b)  Cost-effectiveness and maximizing the number of

23  clients served using available funds each year shall count for

24  not less than 80 percent of the total possible score for each

25  proposal, and the relative importance of the other evaluation

26  criteria shall be indicated in the initial request for

27  proposals. Failure to include any measuring criteria in the

28  initial request for proposals prohibits that criteria from

29  being used in determining the most advantageous proposal,

30  unless the administering entity discontinues the

31  competitive-selection process before any scoring takes place

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 1  and reissues the request for proposals. Once scoring the

 2  proposals has begun, the selection process must continue to

 3  completion and a contract must be awarded, pending the outcome

 4  of a bid protest.

 5         (c)  The administering agency shall publicly notice and

 6  conduct, not less than 15 days before the final date for

 7  receipt of all proposals, a conference for purposes of

 8  ensuring that each prospective interested vendor fully

 9  understands the solicitation requirements. The vendors shall

10  be accorded fair and equal treatment in posing and receiving

11  responses to their questions during the conference. The

12  administering entity shall publicly notice in writing, not

13  less than 10 days before the date for receipt of all

14  proposals, the questions and answers for each inquiry posed by

15  a prospective vendor during the conference.

16         (d)  The governing board of the administering entity

17  or, if no governing board exists, the chief executive officer,

18  shall appoint an impartial review committee consisting of an

19  odd number of no fewer than five members to evaluate all

20  proposals. Two alternate members shall also be appointed. The

21  review committee members must collectively have experience and

22  knowledge in the program areas and service requirements for

23  the commodities or contractual services being sought. More

24  than 50 percent of the review committee's composition must be

25  persons who have no working or personal relationship or

26  affiliation with the administering entity or any likely

27  prospective bidder, but such persons may be employees of other

28  administrating entities in the state.

29         (e)  The administering entity shall conduct, at the

30  time and place noted in the initial request for proposals, a

31  public opening of all bids where members of the review

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 1  committee will be presented with all proposals. During the

 2  public bid-opening meeting, once all bids have been opened but

 3  before any member of the review committee inspects a proposal,

 4  each member must sign an attestation that he or she has no

 5  conflict of interest or working or personal relationship with

 6  any of the vendors that submitted proposals. If a member of

 7  the review committee, upon learning the names of the vendors

 8  that submitted bids, determines that he or she has a conflict

 9  of interest with a vendor that submitted a proposal, the

10  member shall be dismissed from his or her scoring duties and

11  the first alternate shall take his or her place on the

12  committee. The administering entity may reschedule the date of

13  the public opening of all bids from the date noted in the

14  initial request for proposals by publicly noticing the new

15  date not less than 10 days before the date of the rescheduled

16  meeting.

17         (f)  Scoring of proposals shall be conducted only by

18  those members of the review committee who are appointed and

19  noted in the initial request for proposals. Alternates may not

20  score proposals unless a committee member was determined to

21  have a conflict of interest. Each committee member shall

22  review and score all submitted proposals. Scoring shall be

23  conducted in an independent, unbiased manner for the sole

24  purpose of choosing the most advantageous proposal for the

25  program's enrollees through the scoring methodology described

26  in the initial request for proposals. Scoring of proposals

27  need not occur in a public meeting; however, scoring pages,

28  member notes pertaining to the scoring, final scores, and

29  other similar documentation shall all be available for public

30  inspection following an award. Members of the review committee

31  may not discuss with each other the proposals until an award

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 1  has been made. The chief executive officer of the

 2  administering agency, in the presence of at least two

 3  unrelated witnesses who are not employees of the agency, shall

 4  collect all final scoring pages from the review committee and

 5  shall determine the proposal that received the highest

 6  cumulative score by summing each vendor's total score awarded

 7  by each committee member.

 8         (g)  The designation of lead agency and the

 9  corresponding contract shall be awarded to the responsible and

10  responsive vendor whose proposal receives the highest

11  cumulative score from the review committee. The administering

12  entity shall submit in writing to its board of directors, with

13  a copy to the secretary, a statement supporting the basis on

14  which the award was made.

15         (h)  The administering entity must establish, before

16  advertising its request for proposals, an agreement with an

17  experienced mediator who has no conflict of interest with the

18  procurement process, the administering entity, or any likely

19  respondents to the proposal. The mediator must agree to

20  impartially consider the arguments of any bidder who is not

21  awarded the contract as the lead agency but who timely filed a

22  proposal in a bid protest directed to the impartiality or

23  legality of the selection procedures or scoring process. The

24  mediator must adhere to the guidelines for a bid protest set

25  out in the initial request for proposals. The mediator must

26  also consider any information provided by the administering

27  entity and the review committee to refute or substantiate the

28  claims of the protestor. After reviewing the facts of the

29  protest and the selection process, the mediator shall report

30  whether the procurement process was conducted substantially

31  fairly, openly, and impartially. If the mediator determines

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 1  that the process was flawed by some act or omission by the

 2  administering entity or review committee which substantially

 3  affected the outcome of the selection process in a negative

 4  manner, the administering entity shall dismiss the award and

 5  conduct a new selection process.

 6         (2)  An entity shall be designated as a core service

 7  provider within a community care service network only after a

 8  process of examining and impartially scoring competitive

 9  sealed proposals. An administering entity or lead agency must

10  conduct a competitive-procurement process substantially

11  similar to the process described in subsection (1).

12         (3)  The secretary may waive in writing the

13  competitive-procurement process described in this section for

14  a period of 180 days and may approve an award of a contract by

15  the administrative entity using a noncompetitive process if

16  the secretary determines that there is an immediate danger to

17  the public health, safety, or welfare or a substantial loss to

18  the state and that emergency action is required.

19         Section 13.  Section 430.2045, Florida Statutes, is

20  created to read:

21         430.2045  Rules.--The department may adopt rules to

22  administer the community-care-for-the-elderly program.

23         Section 14.  Section 430.2051, Florida Statutes, is

24  created to read:

25         430.2051  Integrated long-term-care delivery

26  system.--Notwithstanding other requirements of this chapter,

27  the department and the Agency for Health Care Administration

28  shall develop an integrated long-term-care delivery system.

29         (1)  The duties of the integrated system shall include

30  organizing and administering service delivery for the elderly,

31  obtaining contracts for services with providers in each

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 1  service area, monitoring the quality of services provided,

 2  determining levels of need and disability for payment

 3  purposes, and other activities determined necessary by the

 4  department and the agency in order to operate an integrated

 5  system.

 6         (2)  The agency and the department shall reimburse

 7  providers for case management services on a capitated basis

 8  and develop uniform standards for case management within the

 9  Aged and Disabled Adult Medicaid waiver program. The

10  coordination of acute and chronic medical services for

11  individuals may be included in the capitated rate for

12  case-management services. The agency, in consultation with the

13  department, shall adopt any rules necessary to comply with or

14  administer these requirements.

15         (3)  The Legislature finds that preservation of the

16  historic aging network of lead agencies is essential to the

17  well-being of the elderly population in this state. The

18  Legislature finds that this state's aging network constitutes

19  a system of essential community providers which should be

20  nurtured and assisted to develop systems of operations which

21  allow the gradual assumption of responsibility and financial

22  risk for managing a client through the entire continuum of

23  long-term-care services within the area that the lead agency

24  is currently serving and which allow lead agency providers to

25  develop managed systems of service delivery.

26         (a)  The department, in consultation with the agency,

27  shall develop a demonstration project in which existing

28  community-care-for-the-elderly lead agencies are assisted in

29  transferring their business model and the service-delivery

30  system within their current community care service area to

31  enable assumption, over a period of time, of the full risk as

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 1  a contractor in operating a community diversion pilot project

 2  that provides long-term-care services in the areas of

 3  operation.

 4         (b)  In the demonstration area, a

 5  community-care-for-the-elderly lead agency shall be reimbursed

 6  initially on a prepaid or fixed-sum basis for all home and

 7  community-based services provided under the long-term-care

 8  community diversion pilot project. By the end of the third

 9  year of operation, the lead agency shall be reimbursed on a

10  prepaid or fixed-sum basis for all services under the

11  long-term-care community diversion pilot project.

12         (c)  During the first year of operation, the

13  department, in consultation with the agency, may place

14  providers at risk to provide nursing home services for the

15  enrolled individuals who are participating in the

16  demonstration project. During the 3-year development period,

17  the agency and the department may limit the level of custodial

18  nursing home risk that the administering entities assume.

19  Under risk-sharing arrangements, during the first 3 years of

20  operation, the department, in consultation with the agency,

21  may reimburse the administering entity for the cost of

22  providing nursing home care for Medicaid-eligible participants

23  who have been permanently placed and remain in a nursing home

24  for more than 1 year, or may disenroll such participants from

25  the demonstration project.

26         (d)  The agency, in consultation with the department,

27  shall develop reimbursement rates based on the federally

28  approved, actuarially certified rate methodology for the

29  long-term-care community diversion pilot project.

30         (e)  The department, in consultation with the agency,

31  shall ensure that the entity or entities receiving prepaid or

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 1  fixed-sum reimbursement are assisted in developing internal

 2  management and financial control systems necessary to manage

 3  the risk associated with providing services under a prepaid or

 4  fixed-sum rate system.

 5         (f)  If the department and the agency share the risk of

 6  custodial nursing home placement, payment rates during the

 7  first 3 years of operation shall be set at not more than 100

 8  percent of the costs to the agency and the department of

 9  providing equivalent services to the population within the

10  area of the pilot project for the year prior to the year in

11  which the pilot project is implemented, adjusted forward to

12  account for inflation and policy changes in the Medicaid

13  program.

14         (g)  The department shall select through a

15  competitive-procurement process no more than three designated

16  community-care-for-the-elderly lead agencies to participate in

17  a pilot project. Community-care-for-the-elderly lead agencies

18  that have operated for a period of at least 20 years, that

19  provide Medicare-certified services to elders, and that have

20  developed a system of service provision by health care

21  volunteers shall be given priority consideration in the

22  selection of the pilot project providers if the lead agencies

23  meet the minimum requirements specified in the competitive

24  procurement.

25         (h)  The agency and the department may adopt rules and

26  shall execute interagency agreements necessary to comply with

27  or administer this section.

28         (i)  The department and the agency shall seek federal

29  waivers necessary to implement the requirements of this

30  section.

31  

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 1         (j)  The department shall conduct or contract for an

 2  evaluation of the demonstration project. The department shall

 3  submit the evaluation to the Governor and the Legislature by

 4  January 1, 2007. The evaluation must address the effectiveness

 5  of the pilot project in providing a comprehensive system of

 6  appropriate and high-quality, long-term-care services to

 7  elders in the least restrictive setting and make

 8  recommendations on expanding the project to other parts of the

 9  state. This paragraph is subject to an appropriation by the

10  Legislature.

11         (4)  The agency, in consultation with the department,

12  shall work with the fiscal agent for the Medicaid program to

13  develop a service utilization reporting system that operates

14  through the fiscal agent for the capitated plans.

15         (5)  The department, in consultation with the agency,

16  shall integrate the database systems for the Comprehensive

17  Assessment and Review for Long-Term Care Services (CARES)

18  program and the Client Information and Referral Tracking

19  System (CIRTS) into a single operating assessment information

20  system by October 30, 2006.

21         (6)  During the 2006-2007 fiscal year:

22         (a)  The agency, in consultation with the department,

23  shall evaluate the Alzheimer's Disease waiver program and the

24  Adult Day Health Care waiver program to assess whether

25  providing limited intensive services through these waiver

26  programs produces better outcomes for individuals than

27  providing those services through the fee-for-service or

28  capitated programs that provide a larger array of services.

29         (b)  The agency, in consultation with the department,

30  shall begin discussions with the federal Centers for Medicare

31  and Medicaid Services regarding the inclusion of Medicare into

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 1  the integrated long-term-care system. By December 31, 2006,

 2  the agency shall provide to the Governor, the President of the

 3  Senate, and the Speaker of the House of Representatives a plan

 4  for including Medicare in the integrated long-term-care

 5  system.

 6         Section 15.  Section 430.207, Florida Statutes, is

 7  amended to read:

 8         430.207  Confidentiality of information.--Information

 9  about functionally impaired elderly persons who receive

10  services under ss. 430.201-430.2045 ss. 430.201-430.206 which

11  is received through files, reports, inspections, or otherwise,

12  by the department or by authorized departmental employees, by

13  persons who volunteer services, or by persons who provide

14  services to functionally impaired elderly persons under ss.

15  430.201-430.2045 ss. 430.201-430.206 through contracts with

16  the department is confidential and exempt from the provisions

17  of s. 119.07(1).  Such information may not be disclosed

18  publicly in such a manner as to identify a functionally

19  impaired elderly person, unless that person or his or her

20  legal guardian provides written consent.

21         Section 16.  Section 430.5001, Florida Statutes, is

22  created to read:

23         430.5001  Alzheimer's disease initiative; short title;

24  rule authority.--

25         (1)  Sections 430.5001-430.504 may be cited as the

26  "Alzheimer's Disease Initiative."

27         (2)  The department may adopt rules necessary to

28  administer the programs created under ss. 430.5001-430.504.

29         Section 17.  Subsection (5) of section 430.502, Florida

30  Statutes, is amended to read:

31  

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 1         430.502  Alzheimer's disease; memory disorder clinics

 2  and day care and respite care programs.--

 3         (5)  Pursuant to s. 287.057, the department of Elderly

 4  Affairs shall contract for the provision of respite care. All

 5  funds appropriated for the provision of respite care shall be

 6  distributed annually by the department to each funded county

 7  according to an allocation formula. In developing the formula,

 8  the department shall consider the number and proportion of the

 9  county population of individuals who are 75 years of age and

10  older. Each respite care program shall be used as a resource

11  for research and statistical data by the memory disorder

12  clinics established in this section part. In consultation with

13  the memory disorder clinics, the department shall specify the

14  information to be provided by the respite care programs for

15  research purposes. Respite provider organizations shall assess

16  and collect fees for services according to rules adopted by

17  the department. To help pay for services received through the

18  Alzheimer's Disease Initiative, a functionally impaired

19  elderly person shall be assessed a fee based on the person's

20  ability to pay for those services without jeopardizing the

21  person's ability to pay the expenses for other basic living

22  necessities. The fee to be assessed shall be fixed in a

23  schedule to be prepared by the department. Services of

24  specified value may be accepted in lieu of a fee. The fee

25  schedule shall be developed in cooperation with the

26  Alzheimer's Disease Advisory Committee and updated as

27  necessary.

28         Section 18.  Section 430.504, Florida Statutes, is

29  amended to read:

30         430.504  Confidentiality of information.--Information

31  about clients of programs created or funded under s. 430.501

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 1  or s. 430.503 which is received through files, reports,

 2  inspections, or otherwise, by the department or by authorized

 3  departmental employees, by persons who volunteer services, or

 4  by persons who provide services to clients of programs created

 5  or funded under s. 430.501 or s. 430.502(5) s. 430.503 through

 6  contracts with the department is confidential and exempt from

 7  the provisions of s. 119.07(1).  Such information may not be

 8  disclosed publicly in such a manner as to identify a person

 9  who receives services under s. 430.501 or s. 430.502(5) s.

10  430.503, unless that person or that person's legal guardian

11  provides written consent.

12         Section 19.  Section 430.602, Florida Statutes, is

13  amended to read:

14         430.602  Home care for the elderly; definitions.--As

15  used in ss. 430.601-430.606:

16         (1)  "Department" means the Department of Elderly

17  Affairs.

18         (1)(2)  "Elderly person" means any person 60 years of

19  age or older over who is currently a resident of this state

20  and has an intent to remain in this state.

21         (2)(3)  "Home care for the elderly" means a full-time

22  family-type living arrangement, in a private home, under which

23  a person or group of persons provides, on a nonprofit basis,

24  basic services of maintenance and supervision, and any

25  necessary specialized services as may be needed, for three or

26  fewer elderly persons.

27         Section 20.  Section 430.603, Florida Statutes, is

28  amended to read:

29         430.603  Home care for the elderly; rules.--There is

30  created within the department the home care for the elderly

31  program. The department shall adopt rules to by rule establish

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 1  minimum standards and procedures for the provision of home

 2  care for the elderly and for the approval of persons seeking

 3  to provide this such care. Any person who is approved to

 4  provide care, goods, or services for an elderly person shall

 5  be eligible for the subsidy payments described in s. 430.605.

 6  However, the cost of administration and subsidy payments made

 7  under the home care for the elderly program must not exceed

 8  the amount specifically be operated within the funds

 9  appropriated by the Legislature for the program each year.

10         Section 21.  Section 430.604, Florida Statutes, is

11  amended to read:

12         430.604  Department determination of inability to

13  provide home care.--If a person who is providing or plans to

14  provide home care under ss. 430.601-430.606 is found by the

15  department, or its designee, to be unable to provide this

16  care, the department must notify the person seeking to provide

17  home care of this determination, and the person is immediately

18  ineligible to receive not eligible for subsidy payments under

19  the program ss. 430.601-430.606.

20         Section 22.  Section 430.606, Florida Statutes, is

21  amended to read:

22         430.606  Eligibility for services.--The criteria for

23  determining eligibility for the home care for the elderly this

24  program shall be substantially similar to the criteria used to

25  determine eligibility for nursing home care under the Medicaid

26  institutional care program of the state.

27         Section 23.  Paragraph (c) of subsection (2) of section

28  430.705, Florida Statutes, is amended to read:

29         430.705  Implementation of the long-term care community

30  diversion pilot projects.--

31         (2)

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 1         (c)  The requirements of paragraph (b) do not apply to

 2  entities selected to provide services to the pilot projects

 3  authorized under s. 430.2051(3) s. 430.205(6)(b)2. The

 4  department, in consultation with the agency, shall develop by

 5  rule minimum financial solvency and reporting standards for

 6  these providers that are reflective of the amount of risk the

 7  provider will assume under the pilot project. The standards

 8  adopted by rule shall ensure safety for the pilot project

 9  enrollees and financial protection for the state in the event

10  of a provider's inability to continue providing services to

11  the project.

12         Section 24.  Sections 430.205, 430.2053, and 430.503,

13  Florida Statutes, are repealed.

14         Section 25.  Subsection (12) of section 400.126,

15  Florida Statutes, is amended to read:

16         400.126  Receivership proceedings.--

17         (12)  Concurrently with the appointment of a receiver,

18  the agency and the Department of Elderly Affairs shall

19  coordinate an assessment of each resident in the facility by

20  the Comprehensive Assessment and Review for Long-Term-Care

21  (CARES) Program for the purpose of evaluating each resident's

22  need for the level of care provided in a nursing facility and

23  the potential for providing such care in alternative settings.

24  If the CARES assessment determines that a resident could be

25  cared for in a less restrictive setting or does not meet the

26  criteria for skilled or intermediate care in a nursing home,

27  the department and agency shall refer the resident for such

28  care, as is appropriate for the resident. Residents referred

29  under pursuant to this subsection shall be given primary

30  consideration for receiving services under the community care

31  for the elderly program in the same manner as persons

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 1  classified to receive such services under s. 430.204(5)

 2  pursuant to s. 430.205.

 3         Section 26.  Paragraph (c) of subsection (3) of section

 4  420.36, Florida Statutes, is amended to read:

 5         420.36  Low-income Emergency Home Repair

 6  Program.--There is established within the Department of

 7  Community Affairs the Low-income Emergency Home Repair Program

 8  to assist low-income persons, especially the elderly and

 9  physically disabled, in making emergency repairs which

10  directly affect their health and safety.

11         (3)

12         (c)  Each grantee shall be required to provide an

13  in-kind or cash match of at least 20 percent of the funds

14  granted. Grantees and subgrantees are shall be encouraged to

15  use community resources to provide the such match, including

16  family, church, and neighborhood volunteers and materials

17  provided by local groups and businesses. Grantees shall

18  coordinate with local governments through their community

19  development block grant entitlement programs and other housing

20  programs, local housing partnerships, and agencies under

21  contract to a lead agency for the provisions of services under

22  the Community Care for the Elderly Act, ss. 430.201-430.2045

23  ss. 430.201-430.207.

24         Section 27.  This act shall take effect July 1, 2006.

25  

26  

27  

28  

29  

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises the composition of the membership of the
      Department of Elderly Affairs Advisory Council. Provides
 4    that RELIEF services may be delivered to a homebound
      elderly individual in certain places. Sets forth criteria
 5    to be eligible to receive respite services. Authorizes
      the department to give priority for services to persons
 6    who are most in need of services to prevent
      institutionalization of the person. Describes the
 7    responsibilities of the department and each area agency
      on aging. Authorizes the department to sanction an area
 8    agency under certain specified circumstances. Requiring
      that the community-care-for-the-elderly-program be
 9    operated through public or private agencies that are not
      agencies of the state. Requires the department to
10    contract with an administering entity in each community
      care service area. Requires the administrating entity to
11    designate a lead agency in the community care service
      area. Provides duties for administering entities and lead
12    agencies. Requires a lead agency to ensure that case
      management and core services are available to clients in
13    the community care service area. Provides eligibility
      criteria for case management and core services. Provides
14    that certain abused adults are entitled to primary
      consideration for services. Directs eligible persons to
15    the Medicaid program in order to conserve
      community-care-for-the-elderly program funds. Provides
16    for the submission of proposals and the scoring of
      competitive proposals. Provides that the secretary may
17    waive the competitive-procurement process under specified
      circumstances. Requires the department and the Agency for
18    Health Care Administration to create an integrated
      long-term-care delivery system. Provides for a
19    demonstration project. Directs the department to monitor
      the Alzheimer's disease waiver program. Requires the
20    agency, in consultation with the department, to begin
      discussions with the federal Centers for Medicare and
21    Medicaid Services regarding the inclusion of Medicare
      into the integrated long-term-care system. Requires each
22    Alzheimer's respite provider organization to assess and
      collect service fees. Requires the department to prepare
23    a fee schedule.

24  

25  

26  

27  

28  

29  

30  

31  

                                  50

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