CS/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 the Department of Elderly
13	Affairs to create a dispute resolution mechanism by rule;
14	eliminating provisions that require an area agency on
15	aging to exempt specified providers from the competitive
16	bid process; amending s. 430.2053, F.S.; conforming a
17	cross-reference; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Subsections (6), (7), (8), and (9) of section
22	20.41, Florida Statutes, are amended to read:
23	20.41  Department of Elderly Affairs.--There is created a
24	Department of Elderly Affairs.
25	(6)  In accordance with the federal Older Americans Act of
26	1965, as amended, the department shall designate and contract
27	with area agencies on aging in each of the department's planning
28	and service areas. Area agencies on aging, as nongovernmental,
29	independent, not-for-profit corporations under s. 501(c)(3) of
30	the Internal Revenue Code, shall ensure a coordinated and
31	integrated provision of long-term care services to the elderly
32	and shall ensure the provision of prevention and early
33	intervention services. The department shall have overall
34	responsibility for information system planning. The department
35	shall ensure, through the development of equipment, software,
36	data, and connectivity standards, the ability to share and
37	integrate information collected and reported by the area
38	agencies in support of their contracted obligations to the
39	state. The department shall contract with area agencies on aging
40	to fulfill programmatic and funding requirements.
41	(7)  The department shall contract with the governing body,
42	hereafter referred to as the "board," of an area agency on aging
43	to fulfill programmatic and funding requirements. The board
44	shall be responsible for the overall direction of the agency's
45	programs and services and shall ensure that the agency is
46	administered in accordance with the terms of its contract with
47	the department, legal requirements, established agency policy,
48	and effective management principles. The board shall also ensure
49	the accountability of the agency to the local communities
50	included in the planning and service area of the agency.
51	(7)(8)  The area agency on aging board shall, in
52	consultation with the secretary, appoint a chief executive
53	officer, hereafter referred to as the "executive director," to
54	whom shall be delegated responsibility for agency management and
55	for implementation of board policy, and who shall be accountable
56	for the agency's performance.
57	(8)(9)  Area agencies on aging are subject to chapter 119,
58	relating to public records, and, when considering any contracts
59	requiring the expenditure of funds, are subject to ss. 286.011-
60	286.012, relating to public meetings.
61	Section 2.  Subsection (9) of section 430.203, Florida
62	Statutes, is amended to read:
63	430.203  Community care for the elderly; definitions.--As
64	used in ss. 430.201-430.207, the term:
65	(9)  "Lead agency" means an agency designated at least once
66	every 6 3 years by an area agency on aging as the result of a
67	request for proposal process to be in place no later than the
68	state fiscal year 1996-1997.
69	(a)  The guidelines for the request for proposal must be
70	developed by the department in consultation with the area agency
71	agencies on aging and. Such guidelines must include requirements
72	for the assurance of quality and cost-efficiency of services,
73	minimum personnel standards, and employee benefits. The
74	department shall adopt a rule creating a dispute resolution
75	mechanism. The rule shall create standards for a bid protest and
76	a procedure for resolution which incorporate the principles of
77	s. 120.57(3)(a)-(f) and (4).
78	(b)  The area agency on aging, in consultation with the
79	department, shall exempt from the competitive bid process any
80	contract with a provider who meets or exceeds established
81	minimum standards, as determined by the department.
82	(b)(c)  In each community care service system the lead
83	agency must be given the authority and responsibility to
84	coordinate some or all of the services, either directly or
85	through subcontracts, for functionally impaired elderly persons.
86	These services must include case management, homemaker and chore
87	services, respite care, adult day care, personal care services,
88	home-delivered meals, counseling, information and referral, and
89	emergency home repair services. The lead agency must compile
90	community care statistics and monitor, when applicable,
91	subcontracts with agencies providing core services.
92	Section 3.  Subsection (7) of section 430.2053, Florida
93	Statutes, is amended to read:
94	430.2053  Aging resource centers.--
95	(7)  The aging resource center shall have a governing body
96	which shall be the same entity described in s. 20.41(7), and an
97	executive director who may be the same person as described in s.
98	20.41(7)(8). The governing body shall annually evaluate the
99	performance of the executive director.
100	Section 4.  This act shall take effect July 1, 2009.

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