CS/HB 935

1
A bill to be entitled
2An act relating to area agencies on aging; amending s.
320.41, F.S.; requiring the Department of Elderly Affairs
4to contract with area agencies on aging to fulfill
5programmatic and funding requirements; revising
6responsibilities of the governing body of an area agency
7on aging and the executive director of the agency;
8amending s. 430.203, F.S.; revising the definition of
9"lead agency"; removing obsolete language; revising
10requirements with respect to the request for proposal
11process for the designation of a lead agency for community
12care for the elderly; providing that the Division of
13Administrative Hearings does not have jurisdiction to
14consider disputes relating to such request for proposal or
15the awarding of such request for proposal; eliminating
16provisions that require an area agency on aging to exempt
17specified providers from the competitive bid process;
18amending s. 430.2053, F.S.; conforming a cross-reference;
19providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Subsections (6), (7), (8), and (9) of section
2420.41, Florida Statutes, are amended to read:
25     20.41  Department of Elderly Affairs.--There is created a
26Department of Elderly Affairs.
27     (6)  In accordance with the federal Older Americans Act of
281965, as amended, the department shall designate and contract
29with area agencies on aging in each of the department's planning
30and service areas. Area agencies on aging shall ensure a
31coordinated and integrated provision of long-term care services
32to the elderly and shall ensure the provision of prevention and
33early intervention services. The department shall have overall
34responsibility for information system planning. The department
35shall ensure, through the development of equipment, software,
36data, and connectivity standards, the ability to share and
37integrate information collected and reported by the area
38agencies in support of their contracted obligations to the
39state. The department shall contract with area agencies on aging
40to fulfill programmatic and funding requirements.
41     (7)  The department shall contract with the governing body,
42hereafter referred to as the "board," of an area agency on aging
43to fulfill programmatic and funding requirements. The board
44shall be responsible for the overall direction of the agency's
45programs and services and shall ensure that the agency is
46administered in accordance with the terms of its contract with
47the department, legal requirements, established agency policy,
48and effective management principles. The board shall also ensure
49the accountability of the agency to the local communities
50included in the planning and service area of the agency.
51     (7)(8)  The area agency on aging board shall, in
52consultation with the secretary, appoint a chief executive
53officer, hereafter referred to as the "executive director," to
54whom shall be delegated responsibility for agency management and
55for implementation of board policy, and who shall be accountable
56for the agency's performance.
57     (8)(9)  Area agencies on aging are subject to chapter 119,
58relating to public records, and, when considering any contracts
59requiring the expenditure of funds, are subject to ss. 286.011-
60286.012, relating to public meetings.
61     Section 2.  Subsection (9) of section 430.203, Florida
62Statutes, is amended to read:
63     430.203  Community care for the elderly; definitions.--As
64used in ss. 430.201-430.207, the term:
65     (9)  "Lead agency" means an agency designated at least once
66every 6 3 years by an area agency on aging as the result of a
67request for proposal process to be in place no later than the
68state fiscal year 1996-1997.
69     (a)  The guidelines for the request for proposal must be
70developed by the department in consultation with the area agency
71agencies on aging and. Such guidelines must include requirements
72for the assurance of quality and cost-efficiency of services,
73minimum personnel standards, and employee benefits. The Division
74of Administrative Hearings does not have jurisdiction to
75consider disputes relating to a request for proposal or the
76awarding of a request for proposal under this subsection.
77     (b)  The area agency on aging, in consultation with the
78department, shall exempt from the competitive bid process any
79contract with a provider who meets or exceeds established
80minimum standards, as determined by the department.
81     (b)(c)  In each community care service system the lead
82agency must be given the authority and responsibility to
83coordinate some or all of the services, either directly or
84through subcontracts, for functionally impaired elderly persons.
85These services must include case management, homemaker and chore
86services, respite care, adult day care, personal care services,
87home-delivered meals, counseling, information and referral, and
88emergency home repair services. The lead agency must compile
89community care statistics and monitor, when applicable,
90subcontracts with agencies providing core services.
91     Section 3.  Subsection (7) of section 430.2053, Florida
92Statutes, is amended to read:
93     430.2053  Aging resource centers.--
94     (7)  The aging resource center shall have a governing body
95which shall be the same entity described in s. 20.41(7), and an
96executive director who may be the same person as described in s.
9720.41(7)(8). The governing body shall annually evaluate the
98performance of the executive director.
99     Section 4.  This act shall take effect July 1, 2009.


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