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An act relating to the Medicaid waiver program for

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patients who have Alzheimer's disease; amending s.

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430.502, F.S.; extending the authority to continue the

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waiver program; requiring the Office of Program Policy

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Analysis and Government Accountability to conduct a

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comparative study of Medicaid home and community-based-

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services waiver programs; requiring that the findings and

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recommendations be submitted to the Legislature by a

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specified date; providing an effective date.

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

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     Section 1.  Subsection (9) of section 430.502, Florida

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Statutes, is amended to read:

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     430.502  Alzheimer's disease; memory disorder clinics and

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day care and respite care programs.--

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     (9)  Authority to continue the waiver program specified in

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subsection (7) shall be automatically eliminated at the close of

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the 2010 2008 Regular Session of the Legislature unless further

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legislative action is taken to continue it prior to such time.

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     Section 2. The Office of Program Policy Analysis and

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Government Accountability shall conduct an evaluation of

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comparable Medicaid home and community-based-services waiver

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programs. The office shall consult with the Agency for Health

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Care Administration, the Department of Elderly Affairs,

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appropriate substantive and fiscal legislative committees, and

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other subject matter experts to determine which waiver programs

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should be included in the evaluation in order to make reasonable

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comparisons. The evaluation shall assess whether the waiver

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programs are more effective at delaying or preventing

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participants from entering institutional settings and the cost of

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the waiver programs across groups compared to the regular

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Medicaid program. The evaluation shall also assess whether

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specialty home and community-based-services waiver programs are

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more effective at keeping participants out of institutional

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settings than the broader home and community-based-services

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waiver programs and whether there is a difference in Medicaid

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expenditures per participant on average between specialty and

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broad waiver programs. The evaluation shall provide a review of

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the flexibility provided to states by the federal Deficit

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Reduction Act of 2005 in regard to home and community-based

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services and recommend whether this flexibility should be used

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instead of providing these services under the provisions of

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current Medicaid home and community-based-services waivers. The

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evaluation's findings and recommendations shall be submitted to

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the President of the Senate and the Speaker of the House of

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Representatives by February 1, 2010.

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     Section 3.  This act shall take effect upon becoming a law.