CS/CS/HB 935

1	A bill to be entitled
2	An act relating to area agencies on aging; amending s.
3	20.41, F.S.; requiring the Department of Elderly Affairs
4	to contract with area agencies on aging to fulfill
5	programmatic and funding requirements; revising
6	responsibilities of the governing body of an area agency
7	on aging and the executive director of the agency;
8	amending s. 430.203, F.S.; revising the definition of
9	"lead agency"; removing obsolete language; revising
10	requirements with respect to the request for proposal
11	process for the designation of a lead agency for community
12	care for the elderly; requiring an area agency on aging to
13	develop and include in a request for proposal a dispute
14	resolution mechanism that is an alternative to judicial or
15	administrative litigation; eliminating provisions that
16	require an area agency on aging to exempt specified
17	providers from the competitive bid process; amending s.
18	430.2053, F.S.; conforming a cross-reference; providing an
19	effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsections (6), (7), (8), and (9) of section
24	20.41, Florida Statutes, are amended to read:
25	20.41  Department of Elderly Affairs.--There is created a
26	Department of Elderly Affairs.
27	(6)  In accordance with the federal Older Americans Act of
28	1965, as amended, the department shall designate and contract
29	with area agencies on aging in each of the department's planning
30	and service areas. Area agencies on aging, as nongovernmental,
31	independent, not-for-profit corporations under s. 501(c)(3) of
32	the Internal Revenue Code, shall ensure a coordinated and
33	integrated provision of long-term care services to the elderly
34	and shall ensure the provision of prevention and early
35	intervention services. The department shall have overall
36	responsibility for information system planning. The department
37	shall ensure, through the development of equipment, software,
38	data, and connectivity standards, the ability to share and
39	integrate information collected and reported by the area
40	agencies in support of their contracted obligations to the
41	state. The department shall contract with area agencies on aging
42	to fulfill programmatic and funding requirements.
43	(7)  The department shall contract with the governing body,
44	hereafter referred to as the "board," of an area agency on aging
45	to fulfill programmatic and funding requirements. The board
46	shall be responsible for the overall direction of the agency's
47	programs and services and shall ensure that the agency is
48	administered in accordance with the terms of its contract with
49	the department, legal requirements, established agency policy,
50	and effective management principles. The board shall also ensure
51	the accountability of the agency to the local communities
52	included in the planning and service area of the agency.
53	(7)(8)  The area agency on aging board shall, in
54	consultation with the secretary, appoint a chief executive
55	officer, hereafter referred to as the "executive director," to
56	whom shall be delegated responsibility for agency management and
57	for implementation of board policy, and who shall be accountable
58	for the agency's performance.
59	(8)(9)  Area agencies on aging are subject to chapter 119,
60	relating to public records, and, when considering any contracts
61	requiring the expenditure of funds, are subject to ss. 286.011-
62	286.012, relating to public meetings.
63	Section 2.  Subsection (9) of section 430.203, Florida
64	Statutes, is amended to read:
65	430.203  Community care for the elderly; definitions.--As
66	used in ss. 430.201-430.207, the term:
67	(9)  "Lead agency" means an agency designated at least once
68	every 6 3 years by an area agency on aging as the result of a
69	request for proposal process to be in place no later than the
70	state fiscal year 1996-1997.
71	(a)  The guidelines for the request for proposal must be
72	developed by the department in consultation with the area agency
73	agencies on aging and. Such guidelines must include requirements
74	for the assurance of quality and cost-efficiency of services,
75	minimum personnel standards, and employee benefits. The area
76	agency on aging shall develop and include in the request for
77	proposal a dispute resolution mechanism that is an alternative
78	to judicial or administrative litigation.
79	(b)  The area agency on aging, in consultation with the
80	department, shall exempt from the competitive bid process any
81	contract with a provider who meets or exceeds established
82	minimum standards, as determined by the department.
83	(b)(c)  In each community care service system the lead
84	agency must be given the authority and responsibility to
85	coordinate some or all of the services, either directly or
86	through subcontracts, for functionally impaired elderly persons.
87	These services must include case management, homemaker and chore
88	services, respite care, adult day care, personal care services,
89	home-delivered meals, counseling, information and referral, and
90	emergency home repair services. The lead agency must compile
91	community care statistics and monitor, when applicable,
92	subcontracts with agencies providing core services.
93	Section 3.  Subsection (7) of section 430.2053, Florida
94	Statutes, is amended to read:
95	430.2053  Aging resource centers.--
96	(7)  The aging resource center shall have a governing body
97	which shall be the same entity described in s. 20.41(7), and an
98	executive director who may be the same person as described in s.
99	20.41(7)(8). The governing body shall annually evaluate the
100	performance of the executive director.
101	Section 4.  This act shall take effect July 1, 2009.

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