HB 139

1	A bill to be entitled
2	An act relating to developmental disabilities
3	institutions; creating s. 393.35, F.S.; providing
4	legislative intent; requiring the Agency for Persons with
5	Disabilities to give written notice to specified persons
6	if the agency proposes to close or reduce by more than 10
7	percent the resident population of a developmental
8	disabilities institution; providing the content of the
9	notice; requiring the Governor and Cabinet to hold a
10	public hearing; requiring that notice of the public
11	hearing be given in a specified manner; providing the
12	issues to be considered at the public hearing; requiring
13	the Governor and Cabinet to approve or disapprove the
14	proposal of the agency; requiring the agency to provide
15	monthly reports relating to the phase-down of a specified
16	facility; requiring the agency to conduct a study and
17	prepare reports, including a report on the feasibility of
18	developing an alternate facility; providing an effective
19	date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Section 393.35, Florida Statutes, is created to
24	read:
25	393.35  Developmental disabilities institutions.--
26	(1)  INTENT.--It is the intent of the Legislature that the
27	Agency for Persons with Disabilities not close or reduce by more
28	than 10 percent the resident population of a developmental
29	disabilities institution unless it has complied with the
30	provisions of this section.
31	(2)  NOTICE.--
32	(a)  If the agency intends to take action resulting in the
33	closure or reduction of more than 10 percent in the resident
34	population of a developmental disabilities institution or in any
35	manner authorizes or encourages the immediate or phased closure
36	or reduction of more than 10 percent in the resident population
37	of an institution, the agency must provide written notice to the
38	Governor and Cabinet, each resident of the institution, the
39	guardian of the resident, and any other individual authorized
40	under the Health Insurance Portability and Accountability Act of
41	1996, Pub. L. No. 104-191.
42	(b)  Notice of the agency's intent to close or reduce by
43	more than 10 percent the resident population of a developmental
44	disabilities institution must be delivered by registered mail.
45	(c)  The notice must advise the resident, the guardian of
46	the resident, and any other individual authorized under the
47	Health Insurance Portability and Accountability Act of 1996,
48	Pub. L. No. 104-191, that the resident has the right to initiate
49	legal action relating to the notice provision of this subsection
50	and to the closure or reduction by more than 10 percent in the
51	resident population of the developmental disabilities
52	institution.
53	(3)  PUBLIC HEARING.--
54	(a)  The agency may not close or reduce by more than 10
55	percent the resident population of a developmental disabilities
56	institution unless the requirements for a public hearing set
57	forth in this subsection have been met.
58	(b)  If the agency proposes to close or reduce by more than
59	10 percent the resident population of a developmental
60	disabilities institution, the Governor and Cabinet must schedule
61	a public hearing.
62	(c)  The Governor and Cabinet shall give notice of the
63	public hearing to each resident, the guardian of the resident,
64	any other individual authorized under the Health Insurance
65	Portability and Accountability Act of 1996, Pub. L. No. 104-191,
66	and each member of the Legislature not less than 90 days before
67	the scheduled date of the hearing. Notice of the public hearing
68	must be by registered mail.
69	(4)  TESTIMONY.--In order to ensure the health, safety, and
70	welfare of each resident affected by the closure or reduction by
71	more than 10 percent of the resident population of the
72	institution, the public hearing must include, but need not be
73	limited to, testimony concerning:
74	(a)  The capacity of the community to provide services,
75	including health care, from experienced community providers that
76	have appropriate staff.
77	(b)  The total cost of reducing the resident population or
78	closing the institution.
79	(c)  The effect that a reduction in the resident population
80	or closure of the institution will have on the residents of the
81	institution.
82	(d)  The monitoring and safety systems for individuals in
83	the community that will be in place to protect the health and
84	safety of each resident.
85	(e)  The process that will be used to develop a community
86	living plan for each resident.
87	(f)  The services that are necessary to provide family and
88	guardian involvement in the development of the community living
89	plan.
90	(g)  The responsibility of each state agency and local
91	government for the closure or reduction in the resident
92	population of the institution.
93	(h)  The procedures that will be used to transfer ownership
94	of the institution to another entity or the plan to reuse the
95	property.
96	(i)  The plan of the agency to reemploy the employees of
97	the institution.
98	(j)  Any other issue identified by the Legislature, a
99	resident, a family member or guardian, or any other interested
100	party.
101	(5)  ACTION BY GOVERNOR AND CABINET REQUIRED.--
102	(a)  After consideration of the testimony and other
103	evidence, the Governor and Cabinet shall approve or disapprove
104	the plan of the agency to close or reduce by more than 10
105	percent the resident population of the developmental
106	disabilities institution.
107	(b)  If the Governor and Cabinet approve the plan of the
108	agency to close or reduce by more than 10 percent the resident
109	population of a specific developmental disabilities institution,
110	the Governor and Cabinet shall direct the agency to give each
111	affected resident, the guardian of the resident, and any other
112	individual authorized under the Health Insurance Portability and
113	Accountability Act of 1996, Pub. L. No. 104-191, written
114	assurance that the resident may choose to receive services in
115	another developmental disabilities institution or in a
116	community-based setting.
117	Section 2.  The Agency for Persons with Disabilities shall
118	provide a monthly report to the Governor, the President of the
119	Senate, and the Speaker of the House of Representatives
120	detailing the progress of the phase-down of the Gulf Coast
121	Center located in Fort Myers, Florida. The report must also be
122	posted on the agency's website. The report must include the
123	actual population in conjunction with targeted census, the
124	location of residential placements by number and type, the
125	number of significant reportable events, statistics regarding
126	placement choice and placement preference of individuals
127	residing in the facility, or their legal guardians or guardian
128	advocates, and efforts the agency has made to assist in
129	placement decisions with individuals or their guardians. The
130	first report is due on August 1, 2008, and reporting shall
131	continue monthly until the closure of the Gulf Coast Center. The
132	agency shall also conduct a study and prepare a report on the
133	feasibility of developing an alternate facility for residents
134	who choose to stay in the existing facility or in an
135	intermediate care facility setting. The study must be completed
136	by December 1, 2008.
137	Section 3.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.