Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 402
                        Barcode 204858
                            CHAMBER ACTION
              Senate                               House
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       03/21/2007 06:18 PM         .                    
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11  The Committee on Children, Families, and Elder Affairs
12  (Haridopolos) recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 393.35, Florida Statutes, is
19  created to read:
20         393.35  Developmental disabilities institutions.--
21         (1)  INTENT.--It is the intent of the Legislature that
22  the Agency for Persons with Disabilities not close or reduce
23  by more than 10 percent the resident population of a
24  developmental disabilities institution unless it has complied
25  with the provisions of this section.
26         (2)  NOTICE.--
27         (a)  If the agency intends to take action resulting in
28  the closure or reduction of more than 10 percent in the
29  resident population of a developmental disabilities
30  institution or in any manner authorizes or encourages the
31  immediate or phased closure or reduction of more than 10
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 402 Barcode 204858 1 percent in the resident population of an institution, the 2 agency must provide written notice to the Governor and 3 Cabinet, each resident of the institution, the guardian of the 4 resident, and any other individual authorized under the Health 5 Insurance Portability and Accountability Act of 1996 (HIPPA), 6 Pub. L. No. 104-191. 7 (b) Notice of the agency's intent to close or reduce 8 by more than 10 percent the resident population of a 9 developmental disabilities institution must be delivered by 10 registered mail. 11 (c) The notice must advise the resident, the guardian 12 of the resident, and any other individual authorized under the 13 Health Insurance Portability and Accountability Act of 1996, 14 Pub. L. No. 104-191, that the resident has the right to 15 initiate legal action relating to the notice provision of this 16 subsection and to the closure or reduction by more than 10 17 percent in the resident population of the developmental 18 disabilities institution. 19 (3) PUBLIC HEARING.-- 20 (a) The agency may not close or reduce by more than 10 21 percent the resident population of a developmental 22 disabilities institution unless the requirements for a public 23 hearing set forth in this subsection have been met. 24 (b) If the agency proposes to close or reduce by more 25 than 10 percent the resident population of a developmental 26 disabilities institution, the Governor and Cabinet must 27 schedule a public hearing. 28 (c) The Governor and Cabinet shall give notice of the 29 public hearing to each resident, the guardian of the resident, 30 any other individual authorized under the Health Insurance 31 Portability and Accountability Act of 1996, Pub. L. No. 2 8:10 AM 03/20/07 s0402d-cf26-tp2
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 402 Barcode 204858 1 104-191, and each member of the Legislature not less than 90 2 days before the scheduled date of the hearing. Notice of the 3 public hearing must be by registered mail. 4 (4) TESTIMONY.--In order to ensure the health, safety, 5 and welfare of each resident affected by the closure or 6 reduction by more than 10 percent of the resident population 7 of the institution, the public hearing must include, but need 8 not be limited to, testimony concerning: 9 (a) The capacity of the community to provide services, 10 including health care, from experienced community providers 11 that have appropriate staff. 12 (b) The total cost of reducing the resident population 13 or closing the institution. 14 (c) The effect that a reduction in the resident 15 population or closure of the institution will have on the 16 residents of the institution. 17 (d) The monitoring and safety systems for individuals 18 in the community which will be in place to protect the health 19 and safety of each resident. 20 (e) The process that will be used to develop a 21 community living plan for each resident. 22 (f) The services that are necessary to provide family 23 and guardian involvement in the development of the community 24 living plan. 25 (g) The responsibility of each state agency and local 26 government for the closure or reduction in the resident 27 population of the institution. 28 (h) The procedures that will be used to transfer 29 ownership of the institution to another entity or the plan to 30 reuse the property. 31 (i) The plan of the agency to reemploy the employees 3 8:10 AM 03/20/07 s0402d-cf26-tp2
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 402 Barcode 204858 1 of the institution. 2 (j) Any other issue identified by the Legislature, a 3 resident, a family member or guardian, or other interested 4 party. 5 (5) ACTION BY GOVERNOR AND CABINET REQUIRED.-- 6 (a) After consideration of the testimony and other 7 evidence, the Governor and Cabinet shall approve or disapprove 8 the plan of the agency to close or reduce by more than 10 9 percent the resident population of the developmental 10 disabilities institution. 11 (b) If the Governor and Cabinet approve the plan of 12 the agency to close or reduce by more than 10 percent the 13 resident population of a specific developmental disabilities 14 institution, the Governor and Cabinet shall direct the agency 15 to give each affected resident, the guardian of the resident, 16 and any other individual authorized under the Health Insurance 17 Portability and Accountability Act of 1996, Pub. L. No. 18 104-191, written assurance that the resident may choose to 19 receive services in another developmental disabilities 20 institution or in a community-based setting. 21 Section 2. The Agency for Persons with Disabilities 22 shall provide a monthly report to the Governor, the President 23 of the Senate, and the Speaker of the House of Representatives 24 detailing the progress of the phase-down of the Gulf Coast 25 Center located in Fort Myers, Florida. The report must also be 26 posted on the agency's website. The report must include the 27 actual population in conjunction with targeted census, the 28 location of residential placements by number and type, the 29 number of significant reportable events, and statistics 30 regarding placement choice and placement preference of 31 individuals residing in the facility, or their legal guardian 4 8:10 AM 03/20/07 s0402d-cf26-tp2
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 402 Barcode 204858 1 or guardian advocate, and efforts the agency has made to 2 assist in placement decisions with individuals or their 3 guardians. The first report is due on August 1, 2007, and 4 shall continue monthly until the closure of the Gulf Coast 5 Center. The agency shall also conduct a study and prepare a 6 report on the feasibility of developing an alternate facility 7 for residents who choose to stay in the existing facility or 8 in an intermediate care facility setting. The study must be 9 completed by December 1, 2007. 10 Section 3. This act shall take effect July 1, 2007. 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 Delete everything before the enacting clause 16 17 and insert: 18 A bill to be entitled 19 An act relating to developmental disabilities 20 institutions; creating s. 393.35, F.S.; 21 providing legislative intent; requiring the 22 Agency for Persons with Disabilities to give 23 written notice to certain specified persons if 24 the agency proposes to close or reduce by more 25 than 10 percent the resident population of a 26 developmental disabilities institution; 27 providing the content of the notice; requiring 28 the Governor and Cabinet to hold a public 29 hearing; requiring that notice of the public 30 hearing be given in a specified manner; 31 providing the issues to be considered at the 5 8:10 AM 03/20/07 s0402d-cf26-tp2
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 402 Barcode 204858 1 public hearing; requiring the Governor and 2 Cabinet to approve or disapprove the proposal 3 of the agency; requiring the agency to provide 4 monthly reports; requiring the agency to 5 conduct a study and prepare a report on the 6 feasibility of an alternate facility; providing 7 an effective date. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 8:10 AM 03/20/07 s0402d-cf26-tp2