ENROLLED
       2009 Legislature                   CS for SB 1660, 1st Engrossed
       
       
       
       
       
       
                                                             20091660er
    1  
    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; classifying and
    6         specifying the order of priority; authorizing the
    7         agency and the Agency for Health Care Administration
    8         to adopt rules; amending s. 393.0661, F.S.; deleting a
    9         provision that permits all developmental waiver
   10         services to be available in all waiver tiers; deleting
   11         a provision that limits an increase in the number of
   12         waiver services until after a certain date; directing
   13         the agency to eliminate medication-review services;
   14         directing the agency to develop plans to eliminate
   15         redundancies in certain services and reduce the
   16         supported employment services for certain clients;
   17         deleting an upcoming reduction in the geographic
   18         differential for residential habilitation services in
   19         certain counties; revising criteria for rebasing a
   20         client’s cost plan; deleting the expiration date for a
   21         provision relating to the calculation of the amount of
   22         a waiver cost plan adjustment; deleting obsolete
   23         provisions; amending s. 393.23, F.S.; revising how
   24         moneys in trust accounts in developmental disability
   25         centers may be spent; creating the Prepaid Services
   26         for Parents of Children with Developmental
   27         Disabilities Study Group to evaluate the creation of a
   28         prepaid service plan for children with disabilities;
   29         providing for membership; providing for administrative
   30         support; providing for the duties of the study group;
   31         providing for per diem and travel expenses for
   32         members; requiring the study group to present a final
   33         report to the Legislature; providing an effective
   34         date.
   35  
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Subsection (5) of section 393.065, Florida
   39  Statutes, is amended, present subsection (6) of that section is
   40  renumbered as subsection (7) and amended, and a new subsection
   41  (6) is added to that section, to read:
   42         393.065 Application and eligibility determination.—
   43         (5) Except as otherwise directed by law, beginning July 1,
   44  2010, the agency shall assign and provide priority to clients
   45  waiting for waiver services in the following order:
   46         (a) Category 1, which includes With the exception of
   47  clients deemed to be in crisis whom the agency shall serve as
   48  described in rule., the agency shall place at the top of its
   49  wait list for waiver services those
   50         (b) Category 2, which includes children on the wait list
   51  who are from the child welfare system with an open case in the
   52  Department of Children and Family Services’ statewide automated
   53  child welfare information system.
   54         (c) Category 3, which includes, but is not required to be
   55  limited to, clients:
   56         1. Whose caregiver has a documented condition that is
   57  expected to render the caregiver unable to provide care within
   58  the next 12 months and for whom a caregiver is required but no
   59  alternate caregiver is available;
   60         2. At substantial risk of incarceration or court commitment
   61  without supports;
   62         3. Whose documented behaviors or physical needs place them
   63  or their caregiver at risk of serious harm and other supports
   64  are not currently available to alleviate the situation; or
   65         4. Who are identified as ready for discharge within the
   66  next year from a state mental health hospital or skilled nursing
   67  facility and who require a caregiver but for whom no caregiver
   68  is available.
   69         (d) Category 4, which includes, but is not required to be
   70  limited to, clients whose caregivers are 70 years of age or
   71  older and for whom a caregiver is required but no alternate
   72  caregiver is available.
   73         (e) Category 5, which includes, but is not required to be
   74  limited to, clients who are expected to graduate within the next
   75  12 months from secondary school and need support to obtain or
   76  maintain competitive employment, or to pursue an accredited
   77  program of postsecondary education to which they have been
   78  accepted.
   79         (f) Category 6, which includes clients 21 years of age or
   80  older who do not meet the criteria for category 1, category 2,
   81  category 3, category 4, or category 5.
   82         (g) Category 7, which includes clients younger than 21
   83  years of age who do not meet the criteria for category 1,
   84  category 2, category 3, or category 4.
   85  
   86  Within categories 3, 4, 5, 6, and 7, the agency shall maintain a
   87  wait list of clients placed in the order of the date that the
   88  client is determined eligible for waiver services.
   89         (6) The client, the client’s guardian, or the client’s
   90  family must ensure that accurate, up-to-date contact information
   91  is provided to the agency at all times. The agency shall remove
   92  from the wait list any individual who cannot be located using
   93  the contact information provided to the agency, fails to meet
   94  eligibility requirements, or becomes domiciled outside the
   95  state.
   96         (7)(6) The agency and the Agency for Health Care
   97  Administration may adopt rules specifying application
   98  procedures, criteria associated with wait-list categories,
   99  procedures for administering the wait list, and eligibility
  100  criteria as needed to administer this section.
  101         Section 2. Subsections (3), (4), (5), and (6) of section
  102  393.0661, Florida Statutes, are amended to read:
  103         393.0661 Home and community-based services delivery system;
  104  comprehensive redesign.—The Legislature finds that the home and
  105  community-based services delivery system for persons with
  106  developmental disabilities and the availability of appropriated
  107  funds are two of the critical elements in making services
  108  available. Therefore, it is the intent of the Legislature that
  109  the Agency for Persons with Disabilities shall develop and
  110  implement a comprehensive redesign of the system.
  111         (3) The Agency for Health Care Administration, in
  112  consultation with the agency, shall seek federal approval and
  113  implement a four-tiered waiver system to serve eligible clients
  114  through with developmental disabilities in the developmental
  115  disabilities and family and supported living waivers. The agency
  116  shall assign all clients receiving services through the
  117  developmental disabilities waiver to a tier based on a valid
  118  assessment instrument, client characteristics, and other
  119  appropriate assessment methods. All services covered under the
  120  current developmental disabilities waiver shall be available to
  121  all clients in all tiers where appropriate, except as otherwise
  122  provided in this subsection or in the General Appropriations
  123  Act.
  124         (a) Tier one is shall be limited to clients who have
  125  service needs that cannot be met in tier two, three, or four for
  126  intensive medical or adaptive needs and that are essential for
  127  avoiding institutionalization, or who possess behavioral
  128  problems that are exceptional in intensity, duration, or
  129  frequency and present a substantial risk of harm to themselves
  130  or others.
  131         (b) Tier two is shall be limited to clients whose service
  132  needs include a licensed residential facility and who are
  133  authorized to receive a moderate level of support for standard
  134  residential habilitation services or a minimal level of support
  135  for behavior focus residential habilitation services, or clients
  136  in supported living who receive more greater than 6 hours a day
  137  of in-home support services. Total annual expenditures under
  138  tier two may not exceed $55,000 per client each year.
  139         (c) Tier three includes shall include, but is not limited
  140  to, clients requiring residential placements, clients in
  141  independent or supported living situations, and clients who live
  142  in their family home. Total annual expenditures under tier three
  143  may not exceed $35,000 per client each year.
  144         (d) Tier four is the family and supported living waiver and
  145  includes. Tier four shall include, but is not limited to,
  146  clients in independent or supported living situations and
  147  clients who live in their family home. An increase to the number
  148  of services available to clients in this tier shall not take
  149  effect prior to July 1, 2009. Total annual expenditures under
  150  tier four may not exceed $14,792 per client each year.
  151         (e) The Agency for Health Care Administration shall also
  152  seek federal approval to provide a consumer-directed option for
  153  persons with developmental disabilities which corresponds to the
  154  funding levels in each of the waiver tiers. The agency shall
  155  implement the four-tiered waiver system beginning with tiers
  156  one, three, and four and followed by tier two. The agency and
  157  the Agency for Health Care Administration may adopt any rules
  158  necessary to administer this subsection.
  159         (f) The agency shall seek federal waivers and amend
  160  contracts as necessary to make changes to services defined in
  161  federal waiver programs administered by the agency as follows:
  162         1. Supported living coaching services may shall not exceed
  163  20 hours per month for persons who also receive in-home support
  164  services.
  165         2. Limited support coordination services is shall be the
  166  only type of support coordination service that may be provided
  167  to persons under the age of 18 who live in the family home.
  168         3. Personal care assistance services are shall be limited
  169  to no more than 180 hours per calendar month and may shall not
  170  include rate modifiers. Additional hours may be authorized for
  171  persons who have intensive physical, medical, or adaptive needs
  172  if such hours are essential for avoiding institutionalization.
  173         4. Residential habilitation services are shall be limited
  174  to 8 hours per day. Additional hours may be authorized for
  175  persons who have intensive medical or adaptive needs and if such
  176  hours are essential for avoiding institutionalization, or for
  177  persons who possess behavioral problems that are exceptional in
  178  intensity, duration, or frequency and present a substantial risk
  179  of harming themselves or others. This restriction shall be in
  180  effect until the four-tiered waiver system is fully implemented.
  181         5. Chore services, nonresidential support services, and
  182  homemaker services are shall be eliminated. The agency shall
  183  expand the definition of in-home support services to allow
  184  enable the service provider of the service to include activities
  185  previously provided in these eliminated services.
  186         6. Massage therapy, medication review, and psychological
  187  assessment services are shall be eliminated.
  188         7. The agency shall conduct supplemental cost plan reviews
  189  to verify the medical necessity of authorized services for plans
  190  that have increased by more than 8 percent during either of the
  191  2 preceding fiscal years.
  192         8. The agency shall implement a consolidated residential
  193  habilitation rate structure to increase savings to the state
  194  through a more cost-effective payment method and establish
  195  uniform rates for intensive behavioral residential habilitation
  196  services.
  197         9. Pending federal approval, the agency may is authorized
  198  to extend current support plans for clients receiving services
  199  under Medicaid waivers for 1 year beginning July 1, 2007, or
  200  from the date approved, whichever is later. Clients who have a
  201  substantial change in circumstances which threatens their health
  202  and safety may be reassessed during this year in order to
  203  determine the necessity for a change in their support plan.
  204         10. The agency shall develop a plan to eliminate
  205  redundancies and duplications between in-home support services,
  206  companion services, personal care services, and supported living
  207  coaching by limiting or consolidating such services.
  208         11. The agency shall develop a plan to reduce the intensity
  209  and frequency of supported employment services to clients in
  210  stable employment situations who have a documented history of at
  211  least 3 years’ employment with the same company or in the same
  212  industry.
  213         (4) Effective July 1, 2008, The geographic differential for
  214  Miami-Dade, Broward, and Palm Beach Counties for residential
  215  habilitation services shall be 7.5 percent. Effective July 1,
  216  2009, the geographic differential for Miami-Dade, Broward, and
  217  Palm Beach Counties for residential habilitation services shall
  218  be 4.5 percent.
  219         (5) Effective July 1, 2008, The geographic differential for
  220  Monroe County for residential habilitation services shall be 20
  221  percent. Effective July 1, 2009, the geographic differential for
  222  Monroe County for residential habilitation services shall be 15
  223  percent. Effective July 1, 2010, the geographic differential for
  224  Monroe County for residential habilitation services shall be 10
  225  percent.
  226         (6) Effective January 1, 2010 2009, and except as otherwise
  227  provided in this section, a client an individual served by the
  228  home and community-based services waiver or the family and
  229  supported living waiver funded through the agency for Persons
  230  with Disabilities shall have his or her cost plan adjusted to
  231  reflect the amount of expenditures for the previous state fiscal
  232  year plus 5 percent if such amount is less than the client’s
  233  individual’s existing cost plan. The agency for Persons with
  234  Disabilities shall use actual paid claims for services provided
  235  during the previous fiscal year that are submitted by October 31
  236  to calculate the revised cost plan amount. If the client an
  237  individual was not served for the entire previous state fiscal
  238  year or there was any single change in the cost plan amount of
  239  more than 5 percent during the previous state fiscal year, the
  240  agency shall set the cost plan amount at an estimated annualized
  241  expenditure amount plus 5 percent. The agency shall estimate the
  242  annualized expenditure amount by calculating the average of
  243  monthly expenditures, beginning in the fourth month after the
  244  client individual enrolled, interrupted services are resumed, or
  245  the cost plan was changed by more than 5 percent and ending on
  246  with August 31, 2009 2008, and multiplying the average by 12. In
  247  order to determine whether a client was not served for the
  248  entire year, the agency shall include any interruption of a
  249  waiver-funded service or services lasting at least 18 days. If
  250  In the event that at least 3 months of actual expenditure data
  251  are not available to estimate annualized expenditures, the
  252  agency may not rebase a cost plan pursuant to this subsection.
  253  The agency may not rebase the cost plan of any client who
  254  experiences a significant change in recipient condition or
  255  circumstance which results in a change of more than 5 percent to
  256  his or her cost plan between July 1 and the date that a rebased
  257  cost plan would take effect pursuant to this subsection. This
  258  subsection expires June 30, 2009, unless reenacted by the
  259  Legislature before that date.
  260         Section 3. Subsection (1) of section 393.23, Florida
  261  Statutes, is amended to read:
  262         393.23 Developmental disabilities centers; trust accounts.
  263  All receipts from the operation of canteens, vending machines,
  264  hobby shops, sheltered workshops, activity centers, farming
  265  projects, and other like activities operated in a developmental
  266  disabilities center, and moneys donated to the center, must be
  267  deposited in a trust account in any bank, credit union, or
  268  savings and loan association authorized by the State Treasury as
  269  a qualified depository to do business in this state, if the
  270  moneys are available on demand.
  271         (1) Moneys in the trust account must be expended for the
  272  benefit, education, or and welfare of clients. However, if
  273  specified, moneys that are donated to the center must be
  274  expended in accordance with the intentions of the donor. Trust
  275  account money may not be used for the benefit of agency
  276  employees of the agency or to pay the wages of such employees.
  277  The welfare of the clients includes the expenditure of funds for
  278  the purchase of items for resale at canteens or vending
  279  machines, and for the establishment of, maintenance of, and
  280  operation of canteens, hobby shops, recreational or
  281  entertainment facilities, sheltered workshops, activity centers,
  282  farming projects, or other like facilities or programs
  283  established at the center for the benefit of clients.
  284         Section 4. (1) The Prepaid Services for Parents of Children
  285  with Developmental Disabilities Study Group is created to
  286  evaluate the establishment of a prepaid service plan for
  287  children with disabilities modeled after the Florida prepaid
  288  college program. The prepaid service plan would allow funds to
  289  be paid into a plan on behalf of a child to provide a voucher
  290  for purchasing additional services from a qualified, willing
  291  provider upon the child’s exit from an exceptional student
  292  program. These services would provide support to help the parent
  293  retain the benefits to the child of the exceptional student
  294  program and to help the child in transitioning to the workforce
  295  if possible.
  296         (2) The study group shall consist of the following:
  297         (a) A member of the House of Representatives appointed by
  298  the Speaker of the House of Representatives.
  299         (b) A member of the Senate appointed by the President of
  300  the Senate.
  301         (c) The director of the Agency for Persons with
  302  Disabilities, or designee.
  303         (d) The director of the Division of Vocational
  304  Rehabilitation, or designee.
  305         (e) The executive director of the State Board of
  306  Administration, or designee.
  307         (f) The Commissioner of Education, or designee.
  308         (g) The executive director of The Arc of Florida, or
  309  designee.
  310         (h) An Arc of Florida family board member appointed by the
  311  executive director of The Arc of Florida.
  312         (i) The chairperson of the Family Care Council Florida, or
  313  his or her designee.
  314         (j) A parent representative from the Family Care Council
  315  Florida appointed by the chairperson of the Family Care Council
  316  Florida.
  317         (3) The Agency for Persons with Disabilities shall provide
  318  administrative support for the study group.
  319         (4) The study group shall evaluate and develop findings and
  320  recommendations regarding the following:
  321         (a) The services for which a voucher could be used.
  322         (b) The financial requirements for such a system.
  323         (c) The qualifications of service providers.
  324         (d) The steps necessary to qualify prepaid service plan
  325  funds for a federal waiver match program or other federal
  326  funding and the possibilities of such a waiver match or other
  327  federal funding.
  328         (5) Members of the study group shall serve without
  329  compensation but are entitled to reimbursement for per diem and
  330  travel expenses as provided in s. 112.061, Florida Statutes.
  331         (6) The members of the study group shall be appointed by
  332  July 30, 2009, and shall hold their first meeting by September
  333  1, 2009. The final report of the study group shall be submitted
  334  to the President of the Senate and the Speaker of the House of
  335  Representatives by January 29, 2010. The group is abolished and
  336  this section is repealed upon submission of the group’s final
  337  report.
  338         Section 5. This act shall take effect July 1, 2009.