Senate Bill sb0922c1
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Florida Senate - 2007 CS for SB 922
By the Committee on Health Policy; and Senator Wise
587-2148-07
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; requiring the Florida Endowment
7 Foundation for Vocational Rehabilitation to
8 enter into an agreement with the Florida
9 Association of Centers for Independent Living
10 to administer a program to provide such
11 attendants to persons who have severe and
12 chronic disabilities; providing for payment for
13 the administration of the program; removing a
14 provision requiring interagency memoranda of
15 agreement; revising eligibility requirements
16 for participation in the personal care
17 attendant program; removing provisions
18 concerning the training, selection, and
19 recruitment of personal care attendants;
20 providing for training of program participants
21 concerning hiring and managing an attendant;
22 providing for the adoption and revision of
23 program policies and procedures by the
24 association in cooperation with an oversight
25 group; providing for membership in the
26 oversight group; amending s. 413.4021, F.S.;
27 increasing the percentage of revenues collected
28 from persons who fail to remit sales tax which
29 is deposited in the operating account of the
30 Florida Endowment Foundation for Vocational
31 Rehabilitation to administer the program;
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Florida Senate - 2007 CS for SB 922
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1 deleting a provision requiring that the Florida
2 Endowment Foundation for Vocational
3 Rehabilitation select an entity to administer
4 the program; providing for automatic enrollment
5 in the program for certain persons; providing
6 an effective date.
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8 Be It Enacted by the Legislature of the State of Florida:
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10 Section 1. Section 413.402, Florida Statutes, is
11 amended to read:
12 413.402 Personal care attendant program.--The Florida
13 Endowment Foundation for Vocational Rehabilitation shall enter
14 into an agreement with the Florida Association of Centers for
15 Independent Living to administer, in conjunction with the
16 Brain and Spinal Cord Injury Program in the Department of
17 Health, shall develop a program to provide personal care
18 attendants to persons who have severe and chronic disabilities
19 of all kinds and who are eligible under pursuant to subsection
20 (1). Effective July 1, 2007, the Florida Association of
21 Centers for Independent Living shall receive 15 percent of the
22 funds to be deposited with the Florida Endowment Foundation
23 for Vocational Rehabilitation pursuant to ss. 320.08068(4)(d)
24 and 413.4021(1), to administer the program. association and
25 the Department of Health shall jointly develop memoranda of
26 understanding with the Department of Revenue, the Florida
27 Medicaid program in the Agency for Health Care Administration,
28 the Florida Endowment Foundation for Vocational
29 Rehabilitation, and the Division of Vocational Rehabilitation
30 of the Department of Education.
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Florida Senate - 2007 CS for SB 922
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1 (1) In order to be Persons eligible to participate in
2 the program, a person must:
3 (a) Be at least 18 years of age, be a Florida resident
4 for at least 12 months immediately prior to application to the
5 program, and be significantly and chronically disabled due to
6 a traumatic spinal cord injury;
7 (b) Require a personal care attendant for assistance
8 with or support for at least two activities of daily living as
9 defined in s. 429.02, as determined by a physician or
10 psychiatrist bathing, dressing, bowel and bladder management,
11 and transportation;
12 (c) Require a personal care attendant in order to
13 accept a job or maintain substantial gainful employment; and
14 (d) Be able to acquire hire and direct supervise a
15 personal care attendant.; and
16 (e) Meet one of the following requirements:
17 1. Live in a nursing home;
18 2. Have moved out of a nursing home within the
19 preceding 180 days due to participation in a Medicaid home and
20 community-based waiver program targeted to persons with brain
21 or spinal cord injuries; or
22 3. Presently be employed but, because of a loss of a
23 caregiver, will lose employment and potentially return to a
24 nursing home.
25 (2)(a) The association, in cooperation with the
26 Department of Health and the Florida Endowment Foundation for
27 Vocational Rehabilitation, shall develop a program to recruit,
28 screen, and select candidates to be trained as personal care
29 attendants.
30 (b) The services of a nurse registry licensed pursuant
31 to s. 400.506 may be utilized to recruit and screen candidates
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Florida Senate - 2007 CS for SB 922
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1 and to operate as a fiscal intermediary through which payments
2 are made to individuals performing services as personal care
3 attendants under the program. The Department of Health and the
4 Agency for Health Care Administration shall seek any federal
5 waivers necessary to implement this provision.
6 (3) The Florida Association of Centers for Independent
7 Living association and the Department of Health, in
8 cooperation with the Florida Endowment Foundation for
9 Vocational Rehabilitation, shall provide develop a training to
10 program participants on hiring and managing a personal care
11 attendant and, in cooperation with the oversight group
12 described in paragraph (b), adopt and revise the policies and
13 procedures governing the personal care attendant program and
14 the training program.
15 (b) The oversight group shall include, but need not be
16 limited to, a member of the Florida Association of Centers for
17 Independent Living, a person who is participating in the
18 program, and one representative each from the Department of
19 Revenue, the Department of Children and Family Services, the
20 Division of Vocational Rehabilitation in the Department of
21 Education, the Medicaid program in the Agency for Health Care
22 Administration, the Florida Endowment Foundation for
23 Vocational Rehabilitation, and the Brain and Spinal Cord
24 Injury Program in the Department of Health program for
25 personal care attendants.
26 (4) The association, in cooperation with the
27 Department of Health and the Florida Endowment Foundation for
28 Vocational Rehabilitation, shall establish procedures for
29 selecting persons eligible under subsection (1) to participate
30 in the program.
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Florida Senate - 2007 CS for SB 922
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1 (5) The association, in cooperation with the
2 Department of Revenue, the Brain and Spinal Cord Injury
3 Program in the Department of Health, the Florida Medicaid
4 program in the Agency for Health Care Administration, a
5 representative from the state attorney's office in each of the
6 judicial circuits participating in the program, the Florida
7 Endowment Foundation for Vocational Rehabilitation, and the
8 Division of Vocational Rehabilitation of the Department of
9 Education, shall develop a plan for implementation of the
10 program.
11 (6) The Department of Health shall establish an
12 oversight workgroup for the personal care attendant program to
13 oversee the implementation and administration of the program.
14 The workgroup shall be composed of one representative from the
15 Brain and Spinal Cord Injury Program in the Department of
16 Health, one representative from the Department of Revenue, one
17 representative from the Florida Medicaid Program in the Agency
18 for Health Care Administration, one representative from the
19 Florida Endowment Foundation for Vocational Rehabilitation,
20 one representative from the Florida Association of Centers for
21 Independent Living, one representative from the Division of
22 Vocational Rehabilitation of the Department of Education, and
23 two members who are persons with traumatic spinal cord
24 injuries or are family members of persons with traumatic
25 spinal cord injuries.
26 Section 2. Subsections (1) and (2) of section
27 413.4021, Florida Statutes, are amended to read:
28 413.4021 Program participant selection; tax collection
29 enforcement diversion program.--The Department of Revenue, in
30 coordination with the Florida Association of Centers for
31 Independent Living and the Florida Prosecuting Attorneys
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Florida Senate - 2007 CS for SB 922
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1 Association, shall select judicial circuits in which to
2 operate the program. The association and the state attorneys'
3 offices shall develop and implement a tax collection
4 enforcement diversion program, which shall collect revenue due
5 from persons who have not remitted their collected sales tax.
6 The criteria for referral to the tax collection enforcement
7 diversion program shall be determined cooperatively between
8 the state attorneys' offices and the Department of Revenue.
9 (1) Notwithstanding the provisions of s. 212.20, 90 50
10 percent of the revenues collected from the tax collection
11 enforcement diversion program shall be deposited into the
12 operating account of the Florida Endowment Foundation for
13 Vocational Rehabilitation, to be used to administer the
14 personal care attendant program and to contract with the state
15 attorneys participating in the tax collection enforcement
16 diversion program in an amount of not more than $50,000 for
17 each state attorney.
18 (2) The program shall operate only from funds
19 deposited into the operating account of the Florida Endowment
20 Foundation for Vocational Rehabilitation. The Florida
21 Endowment Foundation for Vocational Rehabilitation shall
22 select the entity to administer the personal care attendant
23 program.
24 Section 3. Notwithstanding any other law, each person
25 enrolled in the personal care attendant program under s.
26 413.402, Florida Statutes, on June 30, 2007, and each person
27 enrolled in the pilot personal care attendant program in Lake,
28 Orange, Osceola, and Seminole Counties as authorized in
29 Specific Appropriation 340, chapter 2006-25, Laws of Florida,
30 on June 30, 2007, is automatically eligible for and enrolled
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Florida Senate - 2007 CS for SB 922
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1 in the personal care attendant program, as amended by this act
2 on July 1, 2007.
3 Section 4. This act shall take effect July 1, 2007.
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5 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
6 Senate Bill 922
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8 This committee substitute requires the Florida Endowment
Foundation for Vocational Rehabilitation to contract with the
9 Florida Association of Centers for Independent Living (FACIL
or association) to provide training to program participants on
10 hiring and managing a personal care attendant. It also
provides that, effective July 1, 2007, the FACIL shall receive
11 15 percent of the funds to be deposited with the Florida
Endowment Foundation for Vocational Rehabilitation pursuant to
12 ss. 320.08068(4)(d) and 413.4021(1), F.S., to administer the
program.
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The committee substitute increases the percent of the revenue
14 collected from the tax collection enforcement diversion
program that is provided to the program from 50 percent to 90
15 percent; and, repeals a provision that the Florida Endowment
Foundation for Vocational Rehabilitation shall select the
16 entity to administer the personal care attendant program.
17 The committee substitute provides that all persons who are
enrolled in the existing personal care attendant program and
18 the Cross Disability pilot program on June 30, 2007, are
automatically eligible for and enrolled in the revised
19 program.
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