Senate Bill sb0922
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Florida Senate - 2007 SB 922
By Senator Wise
5-483A-07
1 A bill to be entitled
2 An act relating to the personal care attendant
3 program; amending s. 413.402, F.S.; revising
4 provisions governing a program to provide
5 personal care attendants for persons who have
6 disabilities; directing the Florida Association
7 of Centers for Independent Living to administer
8 a program to provide such attendants to persons
9 who have severe and chronic disabilities;
10 removing a provision requiring interagency
11 memoranda of agreement; revising eligibility
12 requirements for persons to participate in the
13 personal care attendant program; removing
14 provisions concerning the training, selection,
15 and recruitment of personal care attendants;
16 providing for training of program participants
17 concerning hiring and managing an assistant;
18 providing for the review and revision of
19 program policies and procedures by the
20 association in cooperation with an oversight
21 group; providing for membership in the
22 oversight group to include, but not be limited
23 to, representatives from the Department of
24 Revenue, the Department of Children and Family
25 Services, the Agency for Health Care
26 Administration, the Department of Health, and
27 the Florida Endowment Foundation for Vocational
28 Rehabilitation; providing for automatic
29 enrollment in the program for certain persons;
30 providing an effective date.
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Florida Senate - 2007 SB 922
5-483A-07
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Section 413.402, Florida Statutes, is
4 amended to read:
5 413.402 Personal care attendant program.--The Florida
6 Association of Centers for Independent Living, in conjunction
7 with the Brain and Spinal Cord Injury Program in the
8 Department of Health, shall administer develop a program to
9 provide personal care attendants to persons who have severe
10 and chronic disabilities of all kinds and who are eligible
11 under pursuant to subsection (1). The association and the
12 Department of Health shall jointly develop memoranda of
13 understanding with the Department of Revenue, the Florida
14 Medicaid program in the Agency for Health Care Administration,
15 the Florida Endowment Foundation for Vocational
16 Rehabilitation, and the Division of Vocational Rehabilitation
17 of the Department of Education.
18 (1) To be Persons eligible to participate in the
19 program a person must:
20 (a) Be at least 18 years of age and be significantly
21 and chronically disabled due to a traumatic spinal cord
22 injury;
23 (b) Require a personal care attendant for assistance
24 with, or cueing and support for, at least two activities of
25 daily living such as bathing, dressing, bowel and bladder
26 management, grooming and hygiene, organization, and
27 transportation;
28 (c) Require a personal care attendant in order to
29 accept a job or maintain substantial gainful employment; and
30 (d) Be able to acquire hire and direct supervise a
31 personal care attendant.; and
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Florida Senate - 2007 SB 922
5-483A-07
1 (e) Meet one of the following requirements:
2 1. Live in a nursing home;
3 2. Have moved out of a nursing home within the
4 preceding 180 days due to participation in a Medicaid home and
5 community-based waiver program targeted to persons with brain
6 or spinal cord injuries; or
7 3. Presently be employed but, because of a loss of a
8 caregiver, will lose employment and potentially return to a
9 nursing home.
10 (2)(a) The Florida Association of Centers for
11 Independent Living, in cooperation with the Department of
12 Health and the Florida Endowment Foundation for Vocational
13 Rehabilitation, shall develop a program to recruit, screen,
14 and select candidates to be trained as personal care
15 attendants.
16 (b) The services of a nurse registry licensed pursuant
17 to s. 400.506 may be utilized to recruit and screen candidates
18 and to operate as a fiscal intermediary through which payments
19 are made to individuals performing services as personal care
20 attendants under the program. The Department of Health and the
21 Agency for Health Care Administration shall seek any federal
22 waivers necessary to implement this provision.
23 (3) The association and the Department of Health, in
24 cooperation with the Florida Endowment Foundation for
25 Vocational Rehabilitation, shall provide develop a training to
26 program participants on hiring and managing a personal care
27 attendant and, in cooperation with the oversight group
28 described in paragraph (b), review and revise the policies and
29 procedures governing the program.
30 (b) The oversight group shall include, but need not be
31 limited to, a member of the Florida Association of Centers for
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Florida Senate - 2007 SB 922
5-483A-07
1 Independent Living, a person who is participating in the
2 program, and one representative each from the Department of
3 Revenue, the Department of Children and Family Services, the
4 Division of Vocational Rehabilitation in the Department of
5 Education, the Florida Medicaid Program in the Agency for
6 Health Care Administration, the Florida Endowment Foundation
7 for Vocational Rehabilitation, and the Brain and Spinal Cord
8 Injury Program in the Department of Health. program for
9 personal care attendants.
10 (4) The association, in cooperation with the
11 Department of Health and the Florida Endowment Foundation for
12 Vocational Rehabilitation, shall establish procedures for
13 selecting persons eligible under subsection (1) to participate
14 in the program.
15 (5) The association, in cooperation with the
16 Department of Revenue, the Brain and Spinal Cord Injury
17 Program in the Department of Health, the Florida Medicaid
18 program in the Agency for Health Care Administration, a
19 representative from the state attorney's office in each of the
20 judicial circuits participating in the program, the Florida
21 Endowment Foundation for Vocational Rehabilitation, and the
22 Division of Vocational Rehabilitation of the Department of
23 Education, shall develop a plan for implementation of the
24 program.
25 (6) The Department of Health shall establish an
26 oversight workgroup for the personal care attendant program to
27 oversee the implementation and administration of the program.
28 The workgroup shall be composed of one representative from the
29 Brain and Spinal Cord Injury Program in the Department of
30 Health, one representative from the Department of Revenue, one
31 representative from the Florida Medicaid Program in the Agency
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Florida Senate - 2007 SB 922
5-483A-07
1 for Health Care Administration, one representative from the
2 Florida Endowment Foundation for Vocational Rehabilitation,
3 one representative from the Florida Association of Centers for
4 Independent Living, one representative from the Division of
5 Vocational Rehabilitation of the Department of Education, and
6 two members who are persons with traumatic spinal cord
7 injuries or are family members of persons with traumatic
8 spinal cord injuries.
9 Section 2. Notwithstanding any other law, each person
10 enrolled in the personal care attendant program under s.
11 413.402, Florida Statutes, on June 30, 2007, is automatically
12 eligible for and enrolled in the personal care attendant
13 program, as amended by this act on July 1, 2007.
14 Section 3. This act shall take effect July 1, 2007.
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17 SENATE SUMMARY
18 Revises provisions governing a program to provide
personal care attendants to persons who have
19 disabilities. Directs the Florida Association of Centers
for Independent Living to administer a program to provide
20 attendants to persons who have severe and chronic
disabilities. Revises program eligibility requirements.
21 Provides for training of program participants concerning
hiring and managing an assistant. Provides for review and
22 revision of program policies and procedures by the
association in cooperation with an oversight group.
23 Provides for membership in the oversight group to
include, but not be limited to, representatives from the
24 Department of Revenue, the Department of Children and
Family Services, the Agency for Health Care
25 Administration, the Department of Health, and the Florida
Endowment Foundation for Vocational Rehabilitation.
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