Senate Bill sb0402c1

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    Florida Senate - 2007                            CS for SB 402

    By the Committee on Children, Families, and Elder Affairs; and
    Senators Fasano and Bennett




    586-2161-07

  1                      A bill to be entitled

  2         An act relating to developmental disabilities

  3         institutions; creating s. 393.35, F.S.;

  4         providing legislative intent; requiring the

  5         Agency for Persons with Disabilities to give

  6         written notice to certain specified persons if

  7         the agency proposes to close or reduce by more

  8         than 10 percent the resident population of a

  9         developmental disabilities institution;

10         providing the content of the notice; requiring

11         the Governor and Cabinet to hold a public

12         hearing; requiring that notice of the public

13         hearing be given in a specified manner;

14         providing the issues to be considered at the

15         public hearing; requiring the Governor and

16         Cabinet to approve or disapprove the proposal

17         of the agency; requiring the agency to provide

18         monthly reports; requiring the agency to

19         conduct a study and prepare a report on the

20         feasibility of an alternate facility; providing

21         an effective date.

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

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25         Section 1.  Section 393.35, Florida Statutes, is

26  created to read:

27         393.35  Developmental disabilities institutions.--

28         (1)  INTENT.--It is the intent of the Legislature that

29  the Agency for Persons with Disabilities not close or reduce

30  by more than 10 percent the resident population of a

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    Florida Senate - 2007                            CS for SB 402
    586-2161-07




 1  developmental disabilities institution unless it has complied

 2  with the provisions of this section.

 3         (2)  NOTICE.--

 4         (a)  If the agency intends to take action resulting in

 5  the closure or reduction of more than 10 percent in the

 6  resident population of a developmental disabilities

 7  institution or in any manner authorizes or encourages the

 8  immediate or phased closure or reduction of more than 10

 9  percent in the resident population of an institution, the

10  agency must provide written notice to the Governor and

11  Cabinet, each resident of the institution, the guardian of the

12  resident, and any other individual authorized under the Health

13  Insurance Portability and Accountability Act of 1996 (HIPPA),

14  Pub. L. No. 104-191.

15         (b)  Notice of the agency's intent to close or reduce

16  by more than 10 percent the resident population of a

17  developmental disabilities institution must be delivered by

18  registered mail.

19         (c)  The notice must advise the resident, the guardian

20  of the resident, and any other individual authorized under the

21  Health Insurance Portability and Accountability Act of 1996,

22  Pub. L. No. 104-191, that the resident has the right to

23  initiate legal action relating to the notice provision of this

24  subsection and to the closure or reduction by more than 10

25  percent in the resident population of the developmental

26  disabilities institution.

27         (3)  PUBLIC HEARING.--

28         (a)  The agency may not close or reduce by more than 10

29  percent the resident population of a developmental

30  disabilities institution unless the requirements for a public

31  hearing set forth in this subsection have been met.

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    Florida Senate - 2007                            CS for SB 402
    586-2161-07




 1         (b)  If the agency proposes to close or reduce by more

 2  than 10 percent the resident population of a developmental

 3  disabilities institution, the Governor and Cabinet must

 4  schedule a public hearing.

 5         (c)  The Governor and Cabinet shall give notice of the

 6  public hearing to each resident, the guardian of the resident,

 7  any other individual authorized under the Health Insurance

 8  Portability and Accountability Act of 1996, Pub. L. No.

 9  104-191, and each member of the Legislature not less than 90

10  days before the scheduled date of the hearing. Notice of the

11  public hearing must be by registered mail.

12         (4)  TESTIMONY.--In order to ensure the health, safety,

13  and welfare of each resident affected by the closure or

14  reduction by more than 10 percent of the resident population

15  of the institution, the public hearing must include, but need

16  not be limited to, testimony concerning:

17         (a)  The capacity of the community to provide services,

18  including health care, from experienced community providers

19  that have appropriate staff.

20         (b)  The total cost of reducing the resident population

21  or closing the institution.

22         (c)  The effect that a reduction in the resident

23  population or closure of the institution will have on the

24  residents of the institution.

25         (d)  The monitoring and safety systems for individuals

26  in the community which will be in place to protect the health

27  and safety of each resident.

28         (e)  The process that will be used to develop a

29  community living plan for each resident.

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    Florida Senate - 2007                            CS for SB 402
    586-2161-07




 1         (f)  The services that are necessary to provide family

 2  and guardian involvement in the development of the community

 3  living plan.

 4         (g)  The responsibility of each state agency and local

 5  government for the closure or reduction in the resident

 6  population of the institution.

 7         (h)  The procedures that will be used to transfer

 8  ownership of the institution to another entity or the plan to

 9  reuse the property.

10         (i)  The plan of the agency to reemploy the employees

11  of the institution.

12         (j)  Any other issue identified by the Legislature, a

13  resident, a family member or guardian, or other interested

14  party.

15         (5)  ACTION BY GOVERNOR AND CABINET REQUIRED.--

16         (a)  After consideration of the testimony and other

17  evidence, the Governor and Cabinet shall approve or disapprove

18  the plan of the agency to close or reduce by more than 10

19  percent the resident population of the developmental

20  disabilities institution.

21         (b)  If the Governor and Cabinet approve the plan of

22  the agency to close or reduce by more than 10 percent the

23  resident population of a specific developmental disabilities

24  institution, the Governor and Cabinet shall direct the agency

25  to give each affected resident, the guardian of the resident,

26  and any other individual authorized under the Health Insurance

27  Portability and Accountability Act of 1996, Pub. L. No.

28  104-191, written assurance that the resident may choose to

29  receive services in another developmental disabilities

30  institution or in a community-based setting.

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    Florida Senate - 2007                            CS for SB 402
    586-2161-07




 1         Section 2.  The Agency for Persons with Disabilities

 2  shall provide a monthly report to the Governor, the President

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

 4  detailing the progress of the phase-down of the Gulf Coast

 5  Center located in Fort Myers, Florida. The report must also be

 6  posted on the agency's website. The report must include the

 7  actual population in conjunction with targeted census, the

 8  location of residential placements by number and type, the

 9  number of significant reportable events, and statistics

10  regarding placement choice and placement preference of

11  individuals residing in the facility, or their legal guardian

12  or guardian advocate, and efforts the agency has made to

13  assist in placement decisions with individuals or their

14  guardians. The first report is due on August 1, 2007, and

15  shall continue monthly until the closure of the Gulf Coast

16  Center. The agency shall also conduct a study and prepare a

17  report on the feasibility of developing an alternate facility

18  for residents who choose to stay in the existing facility or

19  in an intermediate care facility setting. The study must be

20  completed by December 1, 2007.

21         Section 3.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                            CS for SB 402
    586-2161-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 402

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 4  The committee substitute:

 5  1.   Limits the bill to proposals to close or reduce by ten
         percent the population of a DDI;
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    2.   Makes the notice provisions consistent with federal
 7       privacy law (HIPAA);

 8  3.   Removes the requirement that the agency maintain a
         specified level of funding throughout the entire process
 9       of closing a DDI;

10  4.   Removes the requirement that the Governor appoint a
         family advisory council;
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    5.   Adds the requirement that APD provide a monthly report
12       regarding the phase-down of the Gulf Coast Center; and

13  6.   Removes the provision making the act retroactive.

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