Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1660
       
       
       
       
       
                                Barcode 545170                          
       
       603-03455B-09                                                   
       Proposed Committee Substitute by the Committee on Health and
       Human Services Appropriations
    1                        A bill to be entitled                      
    2         An act relating to the Agency for Persons with
    3         Disabilities; amending s. 393.065, F.S.; requiring
    4         that the agency assign and provide priority to clients
    5         waiting for waiver services; specifying the order of
    6         priority; authorizing the agency and the Agency for
    7         Health Care Administration to adopt rules; amending s.
    8         393.0661, F.S.; deleting a provision that permits all
    9         developmental waiver services to be available in all
   10         waiver tiers; deleting a provision that limits an
   11         increase in the number of waiver services until after
   12         a certain date; directing the Agency for Persons with
   13         Disabilities to eliminate redundancies in certain
   14         services and reduce the supported employment services
   15         for certain clients; deleting the expiration date for
   16         a provision relating to the calculation of the amount
   17         of a waiver cost plan adjustment; deleting obsolete
   18         provisions; amending s. 393.23, F.S.; revising how
   19         moneys in trust accounts in developmental disability
   20         centers may be spent; providing an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsections (5) and (6) of section 393.065,
   25  Florida Statutes, are amended to read:
   26         393.065 Application and eligibility determination.—
   27         (5) Except as otherwise directed by law, the agency shall
   28  assign and provide priority to clients waiting for waiver
   29  services in the following order:
   30         (a)Category 1, which includes With the exception of
   31  clients deemed to be in crisis whom the agency shall serve as
   32  described in rule., the agency shall place at the top of its
   33  wait list for waiver services those
   34         (b)Category 2, which includes children on the wait list
   35  who are from the child welfare system with an open case in the
   36  Department of Children and Family Services’ statewide automated
   37  child welfare information system, individuals who have been
   38  court-ordered to receive services, and clients who are members
   39  of the class covered by the Brown versus Bush settlement
   40  agreement.
   41         (c)Category 3, which includes, but is not required to be
   42  limited to, clients:
   43         1.Whose caregivers have a documented condition that is
   44  expected to render them unable to provide care within the next
   45  12 months and for whom a caregiver is required but no alternate
   46  caregiver is available;
   47         2.Whose caregivers are 70 years of age or older and for
   48  whom a caregiver is required but no alternate caregiver is
   49  available;
   50         3.At substantial risk of incarceration or court commitment
   51  without supports;
   52         4.Whose documented behaviors or physical needs place them
   53  or their caregivers at risk of serious harm and other supports
   54  are not currently available to alleviate the situation;
   55         5.Who are identified as ready for discharge within the
   56  next year from a state mental health hospital or nursing home
   57  and require a caregiver but for whom no caregiver is available;
   58         6.Who are defendants charged with felony offenses who have
   59  been determined incompetent to proceed due to retardation or
   60  autism and for whom the agency has submitted an evaluation to
   61  the court concluding the defendant is unlikely to be restored to
   62  competency; and
   63         7.Who are expected to graduate within the next 12 months
   64  from secondary school and need support to obtain or maintain
   65  competitive employment, or to pursue an accredited program of
   66  post-secondary education to which they have been accepted.
   67         (d)Category 4, which are clients 21 years of age or older
   68  who do not meet the criteria for category 1, category 2, or
   69  category 3.
   70         (e)Category 5, which are clients younger than 21 years of
   71  age who do not meet the criteria for category 1, category 2, or
   72  category 3.
   73         (6)Within category 3, category 4, and category 5, the
   74  agency shall maintain a wait list of clients in the order of the
   75  date that the client is determined eligible for waiver services.
   76         (7)The client, the client’s guardian, or the client’s
   77  family must ensure that accurate contact information is
   78  registered with the agency at all times. The agency shall remove
   79  from the wait list any individual who cannot be located using
   80  the contact information provided to the agency, refuses an offer
   81  of waiver enrollment, fails to meet eligibility requirements, or
   82  becomes domiciled outside of the state.
   83         (8)(6) The agency and the Agency for Health Care
   84  Administration may adopt rules specifying application
   85  procedures, criteria associated with wait list categories,
   86  procedures for administering the wait list, and eligibility
   87  criteria as needed to administer this section.
   88         Section 2. Subsections (3) and (6) of section 393.0661,
   89  Florida Statutes, are amended to read:
   90         393.0661 Home and community-based services delivery system;
   91  comprehensive redesign.—The Legislature finds that the home and
   92  community-based services delivery system for persons with
   93  developmental disabilities and the availability of appropriated
   94  funds are two of the critical elements in making services
   95  available. Therefore, it is the intent of the Legislature that
   96  the Agency for Persons with Disabilities shall develop and
   97  implement a comprehensive redesign of the system.
   98         (3) The Agency for Health Care Administration, in
   99  consultation with the agency, shall seek federal approval and
  100  implement a four-tiered waiver system to serve eligible clients
  101  through with developmental disabilities in the developmental
  102  disabilities and family and supported living waivers. The agency
  103  shall assign all clients receiving services through the
  104  developmental disabilities waiver to a tier based on a valid
  105  assessment instrument, client characteristics, and other
  106  appropriate assessment methods. All services covered under the
  107  current developmental disabilities waiver shall be available to
  108  all clients in all tiers where appropriate, except as otherwise
  109  provided in this subsection or in the General Appropriations
  110  Act.
  111         (a) Tier one is shall be limited to clients who have
  112  service needs that cannot be met in tier two, three, or four for
  113  intensive medical or adaptive needs and that are essential for
  114  avoiding institutionalization, or who possess behavioral
  115  problems that are exceptional in intensity, duration, or
  116  frequency and present a substantial risk of harm to themselves
  117  or others.
  118         (b) Tier two is shall be limited to clients whose service
  119  needs include a licensed residential facility and who are
  120  authorized to receive a moderate level of support for standard
  121  residential habilitation services or a minimal level of support
  122  for behavior focus residential habilitation services, or clients
  123  in supported living who receive more greater than 6 hours a day
  124  of in-home support services. Total annual expenditures under
  125  tier two may not exceed $55,000 per client each year.
  126         (c) Tier three includes shall include, but is not limited
  127  to, clients requiring residential placements, clients in
  128  independent or supported living situations, and clients who live
  129  in their family home. Total annual expenditures under tier three
  130  may not exceed $35,000 per client each year.
  131         (d) Tier four is the family and supported living waiver and
  132  includes. Tier four shall include, but is not limited to,
  133  clients in independent or supported living situations and
  134  clients who live in their family home. An increase to the number
  135  of services available to clients in this tier shall not take
  136  effect prior to July 1, 2009. Total annual expenditures under
  137  tier four may not exceed $14,792 per client each year.
  138         (e) The Agency for Health Care Administration shall also
  139  seek federal approval to provide a consumer-directed option for
  140  persons with developmental disabilities which corresponds to the
  141  funding levels in each of the waiver tiers. The agency shall
  142  implement the four-tiered waiver system beginning with tiers
  143  one, three, and four and followed by tier two. The agency and
  144  the Agency for Health Care Administration may adopt any rules
  145  necessary to administer this subsection.
  146         (f) The agency shall seek federal waivers and amend
  147  contracts as necessary to make changes to services defined in
  148  federal waiver programs administered by the agency as follows:
  149         1. Supported living coaching services may shall not exceed
  150  20 hours per month for persons who also receive in-home support
  151  services.
  152         2. Limited support coordination services is shall be the
  153  only type of support coordination service that may be provided
  154  to persons under the age of 18 who live in the family home.
  155         3. Personal care assistance services are shall be limited
  156  to no more than 180 hours per calendar month and may shall not
  157  include rate modifiers. Additional hours may be authorized for
  158  persons who have intensive physical, medical, or adaptive needs
  159  if such hours are essential for avoiding institutionalization.
  160         4. Residential habilitation services are shall be limited
  161  to 8 hours per day. Additional hours may be authorized for
  162  persons who have intensive medical or adaptive needs and if such
  163  hours are essential for avoiding institutionalization, or for
  164  persons who possess behavioral problems that are exceptional in
  165  intensity, duration, or frequency and present a substantial risk
  166  of harming themselves or others. This restriction shall be in
  167  effect until the four-tiered waiver system is fully implemented.
  168         5. Chore services, nonresidential support services, and
  169  homemaker services are shall be eliminated. The agency shall
  170  expand the definition of in-home support services to allow
  171  enable the service provider of the service to include activities
  172  previously provided in the these eliminated services.
  173         6. Massage therapy and psychological assessment services
  174  are shall be eliminated.
  175         7. The agency shall conduct supplemental cost plan reviews
  176  to verify the medical necessity of authorized services for plans
  177  that have increased by more than 8 percent during either of the
  178  2 preceding fiscal years.
  179         8. The agency shall implement a consolidated residential
  180  habilitation rate structure to increase savings to the state
  181  through a more cost-effective payment method and establish
  182  uniform rates for intensive behavioral residential habilitation
  183  services.
  184         9. Pending federal approval, the agency may is authorized
  185  to extend current support plans for clients receiving services
  186  under Medicaid waivers for 1 year beginning July 1, 2007, or
  187  from the date approved, whichever is later. Clients who have a
  188  substantial change in circumstances which threatens their health
  189  and safety may be reassessed during this year in order to
  190  determine the necessity for a change in their support plan.
  191         10.The agency shall eliminate redundancies and
  192  duplications between in-home support services, companion
  193  services, personal care services, and supported living coaching
  194  by limiting or consolidating such services.
  195         11.The agency shall reduce the intensity and frequency of
  196  supported employment services to clients in stable employment
  197  situations who have a documented history of at least 3 years’
  198  employment with the same company or in the same industry.
  199         (6) Effective January 1, 2009, and Except as otherwise
  200  provided in this section, a client an individual served by the
  201  home and community-based services waiver or the family and
  202  supported living waiver funded through the agency for Persons
  203  with Disabilities shall have his or her cost plan adjusted to
  204  reflect the amount of expenditures for the previous state fiscal
  205  year plus 5 percent if such amount is less than the client’s
  206  individual’s existing cost plan. The agency for Persons with
  207  Disabilities shall use actual paid claims for services provided
  208  during the previous fiscal year that are submitted by October 31
  209  to calculate the revised cost plan amount. If the client an
  210  individual was not served during for the entire previous state
  211  fiscal year or there was any single change in the cost plan
  212  amount of more than 5 percent during the previous state fiscal
  213  year, the agency shall set the cost plan amount at an estimated
  214  annualized expenditure amount plus 5 percent. The agency shall
  215  estimate the annualized expenditure amount by calculating the
  216  average of monthly expenditures, beginning in the fourth month
  217  after the client individual enrolled or the cost plan was
  218  changed by more than 5 percent and ending on August 31 with
  219  August 31, 2008, and multiplying the average by 12. If In the
  220  event that at least 3 months of actual expenditure data are not
  221  available to estimate annualized expenditures, the agency may
  222  not rebase a cost plan pursuant to this subsection. This
  223  subsection expires June 30, 2009, unless reenacted by the
  224  Legislature before that date.
  225         Section 3. Subsection (1) of section 393.23, Florida
  226  Statutes, is amended to read:
  227         393.23 Developmental disabilities centers; trust accounts.
  228  All receipts from the operation of canteens, vending machines,
  229  hobby shops, sheltered workshops, activity centers, farming
  230  projects, and other like activities operated in a developmental
  231  disabilities center, and moneys donated to the center, must be
  232  deposited in a trust account in any bank, credit union, or
  233  savings and loan association authorized by the State Treasury as
  234  a qualified depository to do business in this state, if the
  235  moneys are available on demand.
  236         (1) Moneys in the trust account must be expended for the
  237  benefit, education, or and welfare of clients. However, if
  238  specified, moneys that are donated to the center must be
  239  expended in accordance with the intentions of the donor. Trust
  240  account money may not be used for the benefit of agency
  241  employees of the agency or to pay the wages of such employees.
  242  The welfare of the clients includes the expenditure of funds for
  243  the purchase of items for resale at canteens or vending
  244  machines, and for the establishment of, maintenance of, and
  245  operation of canteens, hobby shops, recreational or
  246  entertainment facilities, sheltered workshops, activity centers,
  247  farming projects, or other like facilities or programs
  248  established at the center for the benefit of clients.
  249         Section 4. This act shall take effect upon becoming a law.