Senate Bill sb0088

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    Florida Senate - 2006                                    SB 88

    By Senator Wise





    5-238-06                                             See HB 49

  1                      A bill to be entitled

  2         An act relating to caregivers for adults;

  3         providing legislative intent to foster

  4         caregiving as a nonlicensed paraprofessional

  5         activity and to promote the caregivers' use of

  6         best practices; creating the Florida Caregiver

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

  8         corporation housed in the Florida Policy

  9         Exchange Center on Aging at the University of

10         South Florida; providing purposes, duties, and

11         powers of the corporation; providing for a

12         board of directors; providing for membership,

13         terms of office, meetings, and powers and

14         duties of and restrictions on the board;

15         providing for an audit committee; requiring

16         reports to the Governor and the Legislature;

17         providing duties of the Florida Policy Exchange

18         Center on Aging and other public agencies;

19         providing for the Office of Program Policy

20         Analysis and Government Accountability to

21         conduct a review of the corporation by a

22         specified date and to report to the Governor

23         and the Legislature; providing an effective

24         date.

25  

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

27  

28         Section 1.  Legislative intent; Florida Caregiver

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

30  reports.--

31  

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    Florida Senate - 2006                                    SB 88
    5-238-06                                             See HB 49




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

 2  development of caregiving for frail elders and disabled adults

 3  as a nonlicensed paraprofessional activity that is critical to

 4  the provision of community-based and institutional care for

 5  frail elders and disabled adults who live in the community or

 6  in an assisted living facility licensed under part III of

 7  chapter 400, Florida Statutes, or an adult family-care home

 8  licensed under part VII of chapter 400, Florida Statutes, or

 9  who attend an adult day care center licensed under part V of

10  chapter 400, Florida Statutes. It is the further intent of the

11  Legislature to promote the use of nationally recognized best

12  practices information by caregivers so as to improve the

13  quality of care in the community and in long-term care

14  facilities licensed by the state and to ensure some degree of

15  uniformity of techniques, practices, and standards used in

16  caring for frail elders and disabled adults residing in the

17  state.

18         (2)  In order to accomplish the goal of developing best

19  practices information and providing that information to

20  caregivers of frail elders or disabled adults who live in the

21  community, reside in facilities licensed by the state under

22  part III or part VII of chapter 400, Florida Statutes, or

23  attend an adult day care center licensed under part V of

24  chapter 400, Florida Statutes, there is created the Florida

25  Caregiver Institute, Inc., a not-for-profit corporation that

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

27  compliance with chapter 617, Florida Statutes, and that may

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

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

30  shall be administratively housed in the Florida Policy

31  Exchange Center on Aging at the University of South Florida.

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    Florida Senate - 2006                                    SB 88
    5-238-06                                             See HB 49




 1         (3)  The corporation shall assist the Florida Policy

 2  Exchange Center on Aging in the development of policy

 3  recommendations to enhance the center's efforts to improve the

 4  skills and availability of individuals who seek to work as

 5  caregivers in the home, in the community, or in a facility

 6  licensed by the state under part III, part V, or part VII of

 7  chapter 400, Florida Statutes. The corporation also:

 8         (a)  Shall seek to identify funding by state, federal,

 9  and private sources for the purpose of providing training in

10  and promotion of the use of best practices to caregivers.

11         (b)  Shall work with universities and other related

12  parties to develop training materials and a curriculum and

13  identify best practices.

14         (c)  Shall conduct a needs assessment of the

15  nonlicensed caregivers who work in the community or in

16  facilities that are licensed under part III, part V, or part

17  VII of chapter 400, Florida Statutes.

18         (d)  Shall make recommendations to the Department of

19  Elderly Affairs, the Department of Children and Family

20  Services, the Agency for Health Care Administration, and the

21  Department of Health regarding policy and related changes that

22  will improve the quality, availability, and retention of

23  nonlicensed caregivers who work in the community or in

24  facilities licensed under part III, part V, or part VII of

25  chapter 400, Florida Statutes.

26         (e)  Shall make recommendations on proposed legislative

27  changes and budget-related items that would affect the

28  quality, availability, and retention of nonlicensed caregivers

29  and review the need for nonlicensed caregivers to work in the

30  community or in facilities licensed under part III, part V, or

31  part VII of chapter 400, Florida Statutes. This information

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    Florida Senate - 2006                                    SB 88
    5-238-06                                             See HB 49




 1  shall be provided to the Governor, the President of the

 2  Senate, and the Speaker of the House of Representatives by

 3  January 1 of each year.

 4         (f)  Shall develop agreements with the Department of

 5  Elderly Affairs, the Department of Children and Family

 6  Services, the Agency for Health Care Administration, the

 7  Department of Health, and any other state agency it considers

 8  necessary for the exclusive purpose of providing access to

 9  state buildings and state employees in order to offer

10  low-cost, effective training and paraprofessional development

11  assistance to nonlicensed caregivers who work in the community

12  or in facilities licensed under part III, part V, or part VII

13  of chapter 400, Florida Statutes.

14         (g)  May charge a reasonable fee, on a sliding scale,

15  as provided in the bylaws of the corporation for the training

16  of nonlicensed caregivers who work in the community or in

17  facilities licensed under part III, part V, or part VII of

18  chapter 400, Florida Statutes. The corporation shall take all

19  steps possible to offer high-quality training at the most

20  cost-effective rates.

21         (h)  May offer training to the personnel of assisted

22  living facilities, adult family-care homes, and adult day care

23  centers. The Department of Elderly Affairs, in consultation

24  with the corporation and the contractor responsible for the

25  development of training materials, shall annually evaluate and

26  make any necessary changes to these materials.

27         (i)  Shall collect information regarding nonlicensed

28  caregivers who work in the community and in facilities

29  licensed under part III, part V, or part VII of chapter 400,

30  Florida Statutes. The information collected must include, but

31  need not be limited to, the salary rates for various

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    Florida Senate - 2006                                    SB 88
    5-238-06                                             See HB 49




 1  positions, professional development needs of nonlicensed

 2  caregivers, information regarding turnover rates and

 3  retention, and data that identify the number of caregivers

 4  using best practices in daily care-related activities.

 5         (j)  Shall develop a memorandum of understanding with

 6  the Florida Policy Exchange Center on Aging that describes how

 7  the corporation will interact with the center in carrying out

 8  its responsibilities.

 9         (k)  Shall develop an agreement with the Florida Policy

10  Exchange Center on Aging for the provision of administrative

11  support and startup costs, with the expectation that the

12  corporation will not rely upon the center for staff or

13  financial assistance after June 1, 2008.

14         (l)  May contract with the Florida Policy Exchange

15  Center on Aging for the provision of staff support, research,

16  technical assistance, and data storage under a memorandum of

17  agreement.

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

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

20  perspectives of the parties, individuals, and stakeholders

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

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

23  reappointed to more than three additional terms, except that

24  the initial legislative appointments shall be for a period of

25  3 years each.

26         (b)  The board of directors of the corporation shall

27  include:

28         1.  One member appointed by the Florida Association of

29  Homes for the Aging.

30         2.  One member appointed by the Florida Assisted Living

31  Affiliation.

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    Florida Senate - 2006                                    SB 88
    5-238-06                                             See HB 49




 1         3.  One member appointed by the Alzheimer's

 2  Association.

 3         4.  One member appointed by the Florida Council on

 4  Aging.

 5         5.  One member appointed by the Florida Adult Day Care

 6  Association.

 7         6.  One member appointed by the Florida Respite

 8  Coalition.

 9         7.  One member appointed by the State Long-Term Care

10  Ombudsman.

11         8.  Two members appointed by the Governor.

12         9.  Two members appointed by the President of the

13  Senate.

14         10.  Two members appointed by the Speaker of the House

15  of Representatives.

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17  The Governor, the President of the Senate, and the Speaker of

18  the House of Representatives must make their respective

19  initial appointments not later than September 1, 2006.

20         (c)  The chair shall be elected by the members, may not

21  serve more than two 1-year terms, and may not be a state

22  employee.

23         (d)  The board shall adopt bylaws for the regulation of

24  its affairs and the conduct of business and shall follow

25  Robert's Rules of Order, newly revised edition, for all

26  procedural matters that arise.

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

28  a quorum.

29         (f)  The corporation shall be accountable to the board.

30  The meetings of the board shall be open to any member of the

31  public and shall accept input from family members, consumers,

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    Florida Senate - 2006                                    SB 88
    5-238-06                                             See HB 49




 1  stakeholders, providers, or other parties affected by the

 2  activities of the corporation. The board shall post the

 3  schedule and location of its meetings on a website and in

 4  public buildings.

 5         (g)  The chair shall ensure that accurate minutes are

 6  kept which reflect the attendance, motions, and actions of the

 7  board and the discussion of matters brought before the board.

 8  These minutes shall be made available to the public for

 9  inspection and review and, if possible, posted on a website to

10  provide greater public access.

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

12  schedule other meetings using electronic means as he or she

13  considers appropriate. The chair shall call at least one

14  meeting per year to establish goals and evaluate the progress

15  of the corporation in the previous year.

16         (i)  The chair may appoint advisory committees to

17  advise the corporation on specific issues that fall within the

18  corporation's scope of work and stated objectives.

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

20  committees shall serve at his or her own expense, including

21  travel or other costs associated with his or her duties as a

22  member of the board of directors.

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

24  three unexcused absences from regularly scheduled meetings.

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

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

27  entity without cause.

28         (5)(a)  The chair shall establish an audit committee

29  consisting of at least three board members to annually review

30  and report on the financial condition of the corporation. A

31  copy of the audit committee's report shall be provided to

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    Florida Senate - 2006                                    SB 88
    5-238-06                                             See HB 49




 1  board members, the Governor, the President of the Senate, and

 2  the Speaker of the House of Representatives by January 10 of

 3  each year. The audit committee's report must include a

 4  complete accounting of all revenues received and expenses

 5  incurred by the corporation during that year.

 6         (b)  The corporation may employ staff, contract with

 7  consultants, and otherwise retain the necessary staff within

 8  the limits of available funds to accomplish its goals and

 9  purposes.

10         (c)  By January 10 of each year, the corporation shall

11  issue a report to the Governor, the President of the Senate,

12  and the Speaker of the House of Representatives which

13  evaluates the status of the work of the corporation relating

14  to the use of best practices by caregivers and the development

15  of nonlicensed caregivers who work in the community or in

16  facilities licensed under part III, part V, or part VII of

17  chapter 400, Florida Statutes.

18         (d)  Each public sector agency that provides training

19  or support for nonlicensed caregivers who work in the

20  community or in facilities licensed under part III, part V, or

21  part VII of chapter 400, Florida Statutes, shall cooperate

22  with the corporation. The Florida Policy Exchange Center on

23  Aging shall certify to the Governor, the President of the

24  Senate, and the Speaker of the House of Representatives, using

25  criteria that include communication, timeliness of response,

26  and coordination of efforts, whether the corporation is

27  receiving the necessary and requested support from public

28  sector organizations that provide training to nonlicensed

29  caregivers.

30         Section 2.  By October 1, 2009, the Office of Program

31  Policy Analysis and Government Accountability shall conduct a

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    Florida Senate - 2006                                    SB 88
    5-238-06                                             See HB 49




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

 2  issue a report to the Governor, the President of the Senate,

 3  and the Speaker of the House of Representatives evaluating the

 4  effectiveness of the corporation in helping the state meet its

 5  goals of improving the retention of nonlicensed caregivers in

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

 7  V, or part VII of chapter 400, Florida Statutes, and whether

 8  it has been successful in promoting the use of best practices

 9  by caregivers of the state's frail elder and disabled adult

10  population.

11         Section 3.  This act shall take effect July 1, 2006.

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