Florida Senate - 2011                                    SB 1158
       
       
       
       By Senator Garcia
       
       
       
       
       40-01436-11                                           20111158__
    1                        A bill to be entitled                      
    2         An act relating to a teaching agency for home and
    3         community-based care; creating s. 430.81, F.S.;
    4         providing a definition; authorizing the Agency for
    5         Health Care Administration to designate a home health
    6         agency as a teaching agency for home and community
    7         based care and to charge a fee for such designation;
    8         establishing criteria for qualification; authorizing a
    9         teaching agency to be affiliated with an academic
   10         research university in the state that meets certain
   11         criteria; authorizing a teaching agency to be
   12         affiliated with an academic health center; providing
   13         an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 430.81, Florida Statutes, is created to
   18  read:
   19         430.81 Implementation of a teaching agency for home and
   20  community-based care.—
   21         (1) As used in this section, the term “teaching agency for
   22  home and community-based care” means a home health agency that
   23  is licensed under part III of chapter 400 and has access to a
   24  resident population of sufficient size to support education,
   25  training, and research relating to geriatric care.
   26         (2) The Agency for Health Care Administration may designate
   27  a home health agency as a teaching agency for home and
   28  community-based care if the home health agency:
   29         (a) Has been a not-for-profit, designated community care
   30  for the elderly lead agency for home and community-based
   31  services for more than 10 consecutive years and serves a
   32  geographic area with a minimum of 200,000 adults age 60 and
   33  older.
   34         (b) Participates in a nationally recognized accreditation
   35  program and holds a valid accreditation, such as the
   36  accreditation awarded by the Community Health Accreditation
   37  Program.
   38         (c) Has been in business in this state for a minimum of 30
   39  consecutive years.
   40         (d) Demonstrates an active program in multidisciplinary
   41  education and research that relates to gerontology.
   42         (e) Has a formalized affiliation agreement with at least
   43  one established academic research university with a nationally
   44  accredited health professions program in this state.
   45         (f) Has salaried academic faculty from a nationally
   46  accredited health professions program.
   47         (g) Is a Medicare and Medicaid certified home health agency
   48  that has participated in the nursing home diversion program for
   49  a minimum of 5 consecutive years.
   50         (h) Maintains insurance coverage pursuant to s.
   51  400.141(1)(s) or proof of financial responsibility in a minimum
   52  amount of $750,000. Such proof of financial responsibility may
   53  include:
   54         1. Maintaining an escrow account consisting of cash or
   55  assets eligible for deposit in accordance with s. 625.52; or
   56         2. Obtaining and maintaining pursuant to chapter 675 an
   57  unexpired, irrevocable, nontransferable, and nonassignable
   58  letter of credit issued by any bank or savings association
   59  authorized to do business in this state. This letter of credit
   60  shall be used to satisfy the obligation of the agency to the
   61  claimant upon presentation of a final judgment indicating
   62  liability and awarding damages to be paid by the facility or
   63  upon presentment of a settlement agreement signed by all parties
   64  to the agreement when such final judgment or settlement is a
   65  result of a liability claim against the agency.
   66         (3) The Agency for Health Care Administration may charge a
   67  home health agency seeking designation as a teaching agency for
   68  home and community-based care a fee, up to $250, to comply with
   69  this section.
   70         (4) A teaching agency for home and community-based care may
   71  be affiliated with an academic health center in this state. The
   72  purpose of such affiliation is to foster the development of
   73  methods for improving and expanding the capability of home
   74  health agencies to respond to the medical, health care,
   75  psychological, and social needs of frail and elderly persons by
   76  providing the most effective and appropriate services. A
   77  teaching agency for home and community-based care shall serve as
   78  a resource for research and for training health care
   79  professionals in providing health care services in homes and
   80  community-based settings to frail and elderly persons.
   81         Section 2. This act shall take effect July 1, 2011.