Florida Senate - 2024                      CS for CS for SB 1758
       By the Committees on Fiscal Policy; and Children, Families, and
       Elder Affairs; and Senator Brodeur
       594-02705-24                                          20241758c2
    1                        A bill to be entitled                      
    2         An act relating to individuals with disabilities;
    3         amending s. 393.064, F.S.; revising provisions related
    4         to programs and services provided by the Agency for
    5         Persons with Disabilities; requiring the agency,
    6         within available resources, to offer voluntary
    7         participation care navigation services to clients and
    8         their caregivers at specified times; specifying goals
    9         and requirements for such care navigation services;
   10         specifying requirements for care plans; requiring the
   11         integration of care plans with any individual
   12         education plans of clients; specifying requirements
   13         for such integration; amending s. 393.065, F.S.;
   14         requiring the agency to develop and implement an
   15         online application process; specifying requirements
   16         for the online application process; defining the term
   17         “complete application”; revising timeframes within
   18         which the agency must make eligibility determinations
   19         for services; lowering the age that a caregiver must
   20         be for an individual to be placed in a certain
   21         preenrollment category; amending s. 393.0651, F.S.;
   22         revising which types of clients are eligible for an
   23         individual support plan; clarifying the timeframe
   24         within which a family or individual support plan must
   25         be developed; requiring waiver support coordinators to
   26         inform the client, client’s parent or guardian, or
   27         client’s advocate, as appropriate, of certain
   28         information when developing or reviewing the family or
   29         individual support plan; providing for a type two
   30         transfer of the Florida Unique Abilities Partner
   31         Program from the Department of Commerce to the Agency
   32         for Persons with Disabilities; amending ss. 20.60 and
   33         413.801, F.S.; conforming provisions to changes made
   34         by the act; providing appropriations; requiring the
   35         Agency for Health Care Administration and the Agency
   36         for Persons with Disabilities, in consultation with
   37         other stakeholders, to jointly develop a comprehensive
   38         plan for the administration, finance, and delivery of
   39         home and community-based services through a new home
   40         and community-based services Medicaid waiver program;
   41         providing requirements for the waiver program;
   42         authorizing the Agency for Health Care Administration
   43         to contract with necessary experts to assist in
   44         developing the plan; requiring the Agency for Health
   45         Care Administration to submit a specified report to
   46         the Governor and the Legislature by a specified date;
   47         providing an effective date.
   49  Be It Enacted by the Legislature of the State of Florida:
   51         Section 1. Section 393.064, Florida Statutes, is amended to
   52  read:
   53         393.064 Care navigation Prevention.—
   54         (1) Within available resources, the agency shall offer to
   55  clients and their caregivers care navigation services for
   56  voluntary participation at the time of application and as part
   57  of any eligibility or renewal review. The goals of care
   58  navigation are to create a seamless network of community
   59  resources and supports for the client and the client’s family as
   60  a whole to support a client in daily living, community
   61  integration, and achievement of individual goals. Care
   62  navigation services must involve assessing client needs and
   63  developing and implementing care plans, including, but not
   64  limited to, connecting a client to resources and supports. At a
   65  minimum, a care plan must address immediate, intermediate, and
   66  long-term needs and goals to promote and increase well-being and
   67  opportunities for education, employment, social engagement,
   68  community integration, and caregiver support. For a client who
   69  is a public school student entitled to a free appropriate public
   70  education under the Individuals with Disabilities Education Act,
   71  I.D.E.A., as amended, the care plan must be integrated with the
   72  student’s individual education plan (IEP). The care plan and IEP
   73  must be implemented to maximize the attainment of educational
   74  and habilitation goals give priority to the development,
   75  planning, and implementation of programs which have the
   76  potential to prevent, correct, cure, or reduce the severity of
   77  developmental disabilities. The agency shall direct an
   78  interagency and interprogram effort for the continued
   79  development of a prevention plan and program. The agency shall
   80  identify, through demonstration projects, through program
   81  evaluation, and through monitoring of programs and projects
   82  conducted outside of the agency, any medical, social, economic,
   83  or educational methods, techniques, or procedures that have the
   84  potential to effectively ameliorate, correct, or cure
   85  developmental disabilities. The agency shall determine the costs
   86  and benefits that would be associated with such prevention
   87  efforts and shall implement, or recommend the implementation of,
   88  those methods, techniques, or procedures which are found likely
   89  to be cost-beneficial.
   90         (2) Prevention Services provided by the agency must shall
   91  include services to high-risk children from 3 to 5 years of age,
   92  and their families, to meet the intent of chapter 411. Except
   93  for services for children from birth to age 3 years which are
   94  the responsibility of the Division of Children’s Medical
   95  Services in the Department of Health or part H of the
   96  Individuals with Disabilities Education Act, such services may
   97  include:
   98         (a) Individual evaluations or assessments necessary to
   99  diagnose a developmental disability or high-risk condition and
  100  to determine appropriate, individual family and support
  101  services.
  102         (b) Early intervention services, including developmental
  103  training and specialized therapies.
  104         (c) Support services, such as respite care, parent
  105  education and training, parent-to-parent counseling, homemaker
  106  services, and other services which allow families to maintain
  107  and provide quality care to children in their homes.
  108         (3) Other agencies of state government shall cooperate with
  109  and assist the agency, within available resources, in
  110  implementing programs which have the potential to prevent, or
  111  reduce the severity of, developmental disabilities and shall
  112  consider the findings and recommendations of the agency in
  113  developing and implementing agency programs and formulating
  114  agency budget requests.
  115         (4) There is created at the developmental disabilities
  116  center in Gainesville a research and education unit. Such unit
  117  shall be named the Raymond C. Philips Research and Education
  118  Unit. The functions of such unit shall include:
  119         (a) Research into the etiology of developmental
  120  disabilities.
  121         (b) Ensuring that new knowledge is rapidly disseminated
  122  throughout the agency.
  123         (c) Diagnosis of unusual conditions and syndromes
  124  associated with developmental disabilities in clients identified
  125  throughout developmental disabilities programs.
  126         (d) Evaluation of families of clients with developmental
  127  disabilities of genetic origin in order to provide them with
  128  genetic counseling aimed at preventing the recurrence of the
  129  disorder in other family members.
  130         (e) Ensuring that health professionals in the developmental
  131  disabilities center at Gainesville have access to information
  132  systems that will allow them to remain updated on newer
  133  knowledge and maintain their postgraduate education standards.
  134         (f) Enhancing staff training for professionals throughout
  135  the agency in the areas of genetics and developmental
  136  disabilities.
  137         Section 2. Subsection (1) and paragraph (d) of subsection
  138  (5) of section 393.065, Florida Statutes, are amended to read:
  139         393.065 Application and eligibility determination.—
  140         (1)(a) The agency shall develop and implement an online
  141  application process that, at a minimum, supports paperless,
  142  electronic application submissions with immediate e-mail
  143  confirmation to each applicant to acknowledge receipt of
  144  application upon submission. The online application system must
  145  allow an applicant to review the status of a submitted
  146  application and respond to provide additional information.
  147         (b) The agency shall maintain access to a printable paper
  148  application on its website and, upon request, must provide an
  149  applicant with a printed paper application. Paper applications
  150  may Application for services shall be submitted made in writing
  151  to the agency, in the region in which the applicant resides.
  152         (c) The agency must shall review each submitted application
  153  in accordance with federal time standards and make an
  154  eligibility determination within 60 days after receipt of the
  155  signed application. If, at the time of the application, an
  156  applicant is requesting enrollment in the home and community
  157  based services Medicaid waiver program for individuals with
  158  developmental disabilities deemed to be in crisis, as described
  159  in paragraph (5)(a), the agency shall complete an eligibility
  160  determination within 45 days after receipt of the signed
  161  application.
  162         1.(a) If the agency determines additional documentation is
  163  necessary to make an eligibility determination, the agency may
  164  request the additional documentation from the applicant.
  165         2.(b) When necessary to definitively identify individual
  166  conditions or needs, the agency or its designee must provide a
  167  comprehensive assessment.
  168         (c) If the agency requests additional documentation from
  169  the applicant or provides or arranges for a comprehensive
  170  assessment, the agency’s eligibility determination must be
  171  completed within 90 days after receipt of the signed
  172  application.
  173         (d)1.For purposes of this paragraph, the term “complete
  174  application” means an application submitted to the agency which
  175  is signed and dated by the applicant or an individual with legal
  176  authority to apply for public benefits on behalf of the
  177  applicant, is responsive on all parts of the application, and
  178  contains documentation of a diagnosis.
  179         2.If the applicant requesting enrollment in the home and
  180  community-based services Medicaid waiver program for individuals
  181  with developmental disabilities is deemed to be in crisis as
  182  described in paragraph (5)(a), the agency must make an
  183  eligibility determination within 15 calendar days after receipt
  184  of a complete application.
  185         3.If the applicant meets the criteria specified in
  186  paragraph (5)(b), the agency must review and make an eligibility
  187  determination as soon as practicable after receipt of a complete
  188  application.
  189         4. If the application meets any of the criteria specified
  190  in paragraphs (5)(c)-(g), the agency must make an eligibility
  191  determination within 60 days after receipt of a complete
  192  application.
  193         (e)Any delays in the eligibility determination process, or
  194  any tolling of the time standard until certain information or
  195  actions have been completed, must be conveyed to the client as
  196  soon as such delays are known through verbal contact with the
  197  client or the client’s designated caregiver and confirmed by a
  198  written notice of the delay, the anticipated length of delay,
  199  and a contact person for the client.
  200         (5) Except as provided in subsections (6) and (7), if a
  201  client seeking enrollment in the developmental disabilities home
  202  and community-based services Medicaid waiver program meets the
  203  level of care requirement for an intermediate care facility for
  204  individuals with intellectual disabilities pursuant to 42 C.F.R.
  205  ss. 435.217(b)(1) and 440.150, the agency must assign the client
  206  to an appropriate preenrollment category pursuant to this
  207  subsection and must provide priority to clients waiting for
  208  waiver services in the following order:
  209         (d) Category 4, which includes, but is not required to be
  210  limited to, clients whose caregivers are 60 70 years of age or
  211  older and for whom a caregiver is required but no alternate
  212  caregiver is available.
  214  Within preenrollment categories 3, 4, 5, 6, and 7, the agency
  215  shall prioritize clients in the order of the date that the
  216  client is determined eligible for waiver services.
  217         Section 3. Section 393.0651, Florida Statutes, is amended
  218  to read:
  219         393.0651 Family or individual support plan.—The agency
  220  shall provide directly or contract for the development of a
  221  family support plan for children ages 3 to 18 years of age and
  222  an individual support plan for each client served by the home
  223  and community-based services Medicaid waiver program under s.
  224  393.0662. The client, if competent, the client’s parent or
  225  guardian, or, when appropriate, the client advocate, shall be
  226  consulted in the development of the plan and shall receive a
  227  copy of the plan. Each plan must include the most appropriate,
  228  least restrictive, and most cost-beneficial environment for
  229  accomplishment of the objectives for client progress and a
  230  specification of all services authorized. The plan must include
  231  provisions for the most appropriate level of care for the
  232  client. Within the specification of needs and services for each
  233  client, when residential care is necessary, the agency shall
  234  move toward placement of clients in residential facilities based
  235  within the client’s community. The ultimate goal of each plan,
  236  whenever possible, shall be to enable the client to live a
  237  dignified life in the least restrictive setting, be that in the
  238  home or in the community. The family or individual support plan
  239  must be developed within 60 calendar days after the agency
  240  determines the client eligible pursuant to s. 393.065(3).
  241         (1) The agency shall develop and specify by rule the core
  242  components of support plans.
  243         (2) The family or individual support plan shall be
  244  integrated with the individual education plan (IEP) for all
  245  clients who are public school students entitled to a free
  246  appropriate public education under the Individuals with
  247  Disabilities Education Act, I.D.E.A., as amended. The family or
  248  individual support plan and IEP must be implemented to maximize
  249  the attainment of educational and habilitation goals.
  250         (a) If the IEP for a student enrolled in a public school
  251  program indicates placement in a public or private residential
  252  program is necessary to provide special education and related
  253  services to a client, the local education agency must provide
  254  for the costs of that service in accordance with the
  255  requirements of the Individuals with Disabilities Education Act,
  256  I.D.E.A., as amended. This does not preclude local education
  257  agencies and the agency from sharing the residential service
  258  costs of students who are clients and require residential
  259  placement.
  260         (b) For clients who are entering or exiting the school
  261  system, an interdepartmental staffing team composed of
  262  representatives of the agency and the local school system shall
  263  develop a written transitional living and training plan with the
  264  participation of the client or with the parent or guardian of
  265  the client, or the client advocate, as appropriate.
  266         (3) Each family or individual support plan shall be
  267  facilitated through case management designed solely to advance
  268  the individual needs of the client.
  269         (4) In the development of the family or individual support
  270  plan, a client advocate may be appointed by the support planning
  271  team for a client who is a minor or for a client who is not
  272  capable of express and informed consent when:
  273         (a) The parent or guardian cannot be identified;
  274         (b) The whereabouts of the parent or guardian cannot be
  275  discovered; or
  276         (c) The state is the only legal representative of the
  277  client.
  279  Such appointment may not be construed to extend the powers of
  280  the client advocate to include any of those powers delegated by
  281  law to a legal guardian.
  282         (5) The agency shall place a client in the most appropriate
  283  and least restrictive, and cost-beneficial, residential facility
  284  according to his or her individual support plan. The client, if
  285  competent, the client’s parent or guardian, or, when
  286  appropriate, the client advocate, and the administrator of the
  287  facility to which placement is proposed shall be consulted in
  288  determining the appropriate placement for the client.
  289  Considerations for placement shall be made in the following
  290  order:
  291         (a) Client’s own home or the home of a family member or
  292  direct service provider.
  293         (b) Foster care facility.
  294         (c) Group home facility.
  295         (d) Intermediate care facility for the developmentally
  296  disabled.
  297         (e) Other facilities licensed by the agency which offer
  298  special programs for people with developmental disabilities.
  299         (f) Developmental disabilities center.
  300         (6) In developing a client’s annual family or individual
  301  support plan, the individual or family with the assistance of
  302  the support planning team shall identify measurable objectives
  303  for client progress and shall specify a time period expected for
  304  achievement of each objective.
  305         (7) The individual, family, and support coordinator shall
  306  review progress in achieving the objectives specified in each
  307  client’s family or individual support plan, and shall revise the
  308  plan annually, following consultation with the client, if
  309  competent, or with the parent or guardian of the client, or,
  310  when appropriate, the client advocate. The agency or designated
  311  contractor shall annually report in writing to the client, if
  312  competent, or to the parent or guardian of the client, or to the
  313  client advocate, when appropriate, with respect to the client’s
  314  habilitative and medical progress.
  315         (8) Any client, or any parent of a minor client, or
  316  guardian, authorized guardian advocate, or client advocate for a
  317  client, who is substantially affected by the client’s initial
  318  family or individual support plan, or the annual review thereof,
  319  shall have the right to file a notice to challenge the decision
  320  pursuant to ss. 120.569 and 120.57. Notice of such right to
  321  appeal shall be included in all support plans provided by the
  322  agency.
  323         (9)When developing or reviewing a client’s family or
  324  individual support plan, the waiver support coordinator shall
  325  inform the client, the client’s parent or guardian, or, when
  326  appropriate, the client advocate about the consumer-directed
  327  care program established under s. 409.221.
  328         Section 4. Type two transfer from the Department of
  329  Commerce.—All powers, duties, functions, records, offices,
  330  personnel, associated administrative support positions,
  331  property, pending issues, existing contracts, administrative
  332  authority, administrative rules, and unexpended balances of
  333  appropriations, allocations, and any other funds relating to the
  334  Florida Unique Abilities Partner Program are transferred by a
  335  type two transfer, as described in s. 20.06(2), Florida
  336  Statutes, from the Department of Commerce to the Agency for
  337  Persons with Disabilities.
  338         Section 5. Paragraph (c) of subsection (10) of section
  339  20.60, Florida Statutes, is amended to read:
  340         20.60 Department of Commerce; creation; powers and duties.—
  341         (10) The department shall, by November 1 of each year,
  342  submit an annual report to the Governor, the President of the
  343  Senate, and the Speaker of the House of Representatives on the
  344  condition of the business climate and economic development in
  345  the state.
  346         (c) The report must incorporate annual reports of other
  347  programs, including:
  348         1. A detailed report of the performance of the Black
  349  Business Loan Program and a cumulative summary of quarterly
  350  report data required under s. 288.714.
  351         2. The Rural Economic Development Initiative established
  352  under s. 288.0656.
  353         3. The Florida Unique Abilities Partner Program.
  354         4. A detailed report of the performance of the Florida
  355  Development Finance Corporation and a summary of the
  356  corporation’s report required under s. 288.9610.
  357         4.5. Information provided by Space Florida under s.
  358  331.3051 and an analysis of the activities and accomplishments
  359  of Space Florida.
  360         Section 6. Section 413.801, Florida Statutes, is amended to
  361  read:
  362         413.801 Florida Unique Abilities Partner Program.—
  363         (1) CREATION AND PURPOSE.—The Agency for Persons with
  364  Disabilities Department of Economic Opportunity shall establish
  365  the Florida Unique Abilities Partner Program to designate a
  366  business entity as a Florida Unique Abilities Partner if the
  367  business entity demonstrates commitment, through employment or
  368  support, to the independence of individuals who have a
  369  disability. The agency department shall consult with the
  370  Department of Commerce Agency for Persons with Disabilities, the
  371  Division of Vocational Rehabilitation of the Department of
  372  Education, the Division of Blind Services of the Department of
  373  Education, and CareerSource Florida, Inc., in creating the
  374  program.
  375         (2) DEFINITIONS.—As used in this section, the term:
  376         (a) “Agency Department” means the Agency for Persons with
  377  Disabilities Department of Economic Opportunity.
  378         (b) “Individuals who have a disability” means persons who
  379  have a physical or intellectual impairment that substantially
  380  limits one or more major life activities, persons who have a
  381  history or record of such an impairment, or persons who are
  382  perceived by others as having such an impairment.
  383         (3) DESIGNATION.—
  384         (a) A business entity may apply to the agency department to
  385  be designated as a Florida Unique Abilities Partner, based on
  386  the business entity’s achievements in at least one of the
  387  following categories:
  388         1. Employment of individuals who have a disability.
  389         2. Contributions to local or national disability
  390  organizations.
  391         3. Contributions to, or the establishment of, a program
  392  that contributes to the independence of individuals who have a
  393  disability.
  394         (b) As an alternative to application by a business entity,
  395  the agency department must consider nominations from members of
  396  the community where the business entity is located. The
  397  nomination must identify the business entity’s achievements in
  398  at least one of the categories provided in paragraph (a).
  399         (c) The name, location, and contact information of the
  400  business entity must be included in the business entity’s
  401  application or nomination.
  402         (d) The agency department shall adopt procedures for the
  403  application, nomination, and designation processes for the
  404  Florida Unique Abilities Partner Program. Designation as a
  405  Florida Unique Abilities Partner does not establish or involve
  406  licensure, does not affect the substantial interests of a party,
  407  and does not constitute a final agency action. The Florida
  408  Unique Abilities Partner Program and designation are not subject
  409  to chapter 120.
  410         (4) ELIGIBILITY AND AWARD.—In determining the eligibility
  411  for the designation of a business entity as a Florida Unique
  412  Abilities Partner, the agency department shall consider, at a
  413  minimum, the following criteria:
  414         (a) For a designation based on an application by a business
  415  entity, the business entity must certify that:
  416         1. It employs at least one individual who has a disability.
  417  Such employees must be residents of this state and must have
  418  been employed by the business entity for at least 9 months
  419  before the business entity’s application for the designation.
  420  The agency department may not require the employer to provide
  421  personally identifiable information about its employees;
  422         2. It has made contributions to local and national
  423  disability organizations or contributions in support of
  424  individuals who have a disability. Contributions may be
  425  accomplished through financial or in-kind contributions,
  426  including employee volunteer hours. Contributions must be
  427  documented by providing copies of written receipts or letters of
  428  acknowledgment from recipients or donees. A business entity with
  429  100 or fewer employees must make a financial or in-kind
  430  contribution of at least $1,000, and a business entity with more
  431  than 100 employees must make a financial or in-kind contribution
  432  of at least $5,000; or
  433         3. It has established, or has contributed to the
  434  establishment of, a program that contributes to the independence
  435  of individuals who have a disability. Contributions must be
  436  documented by providing copies of written receipts, a summary of
  437  the program, program materials, or letters of acknowledgment
  438  from program participants or volunteers. A business entity with
  439  100 or fewer employees must make a financial or in-kind
  440  contribution of at least $1,000 in the program, and a business
  441  entity with more than 100 employees must make a financial or in
  442  kind contribution of at least $5,000.
  444  A business entity that applies to the agency department to be
  445  designated as a Florida Unique Abilities Partner shall be
  446  awarded the designation upon meeting the requirements of this
  447  section.
  448         (b) For a designation based upon receipt of a nomination of
  449  a business entity:
  450         1. The agency department shall determine whether the
  451  nominee, based on the information provided by the nominating
  452  person or entity, meets the requirements of paragraph (a). The
  453  agency department may request additional information from the
  454  nominee.
  455         2. If the nominee meets the requirements, the agency
  456  department shall provide notice, including the qualification
  457  criteria provided in the nomination, to the nominee regarding
  458  the nominee’s eligibility to be awarded a designation as a
  459  Florida Unique Abilities Partner.
  460         3. The nominee shall be provided 30 days after receipt of
  461  the notice to certify that the information in the notice is true
  462  and accurate and accept the nomination, to provide corrected
  463  information for consideration by the agency department and
  464  indicate an intention to accept the nomination, or to decline
  465  the nomination. If the nominee accepts the nomination, the
  466  agency department shall award the designation. The agency
  467  department may not award the designation if the nominee declines
  468  the nomination or has not accepted the nomination within 30 days
  469  after receiving notice.
  470         (5) ANNUAL CERTIFICATION.—After an initial designation as a
  471  Florida Unique Abilities Partner, a business entity must certify
  472  each year that it continues to meet the criteria for the
  473  designation. If the business entity does not submit the yearly
  474  certification of continued eligibility, the agency department
  475  shall remove the designation. The business entity may elect to
  476  discontinue its designation status at any time by notifying the
  477  agency department of such decision.
  478         (6) LOGO DEVELOPMENT.—
  479         (a) The agency department, in consultation with members of
  480  the disability community, shall develop a logo that identifies a
  481  business entity that is designated as a Florida Unique Abilities
  482  Partner.
  483         (b) The agency department shall adopt guidelines and
  484  requirements for the use of the logo, including how the logo may
  485  be used in advertising. The agency department may allow a
  486  business entity to display a Florida Unique Abilities Partner
  487  logo upon designation. A business entity that has not been
  488  designated as a Florida Unique Abilities Partner or has elected
  489  to discontinue its designated status may not display the logo.
  490         (7) WEBSITE.—The agency department shall maintain a website
  491  for the program. At a minimum, the website must provide a list
  492  of business entities, by county, which currently have the
  493  Florida Unique Abilities Partner designation, updated quarterly;
  494  information regarding the eligibility requirements for the
  495  designation and the method of application or nomination; and
  496  best practices for business entities to facilitate the inclusion
  497  of individuals who have a disability, updated annually. The
  498  website may provide links to the websites of organizations or
  499  other resources that will aid business entities to employ or
  500  support individuals who have a disability.
  502         (a) The Department of Commerce Agency for Persons with
  503  Disabilities shall provide a link on its website to the agency’s
  504  department’s website for the Florida Unique Abilities Partner
  505  Program.
  506         (b) On a quarterly basis, the agency department shall
  507  provide the Florida Tourism Industry Marketing Corporation with
  508  a current list of all businesses that are designated as Florida
  509  Unique Abilities Partners. The Florida Tourism Industry
  510  Marketing Corporation must consider the Florida Unique Abilities
  511  Partner Program in the development of marketing campaigns, and
  512  specifically in any targeted marketing campaign for individuals
  513  who have a disability or their families.
  514         (c) The agency department and CareerSource Florida, Inc.,
  515  shall identify employment opportunities posted by business
  516  entities that currently have the Florida Unique Abilities
  517  Partner designation in the workforce information system under s.
  518  445.011.
  519         (9) REPORT.—
  520         (a) By January 1, 2025, and annually thereafter 2017, the
  521  agency department shall provide a report on the progress and use
  522  of the program to the President of the Senate and the Speaker of
  523  the House of Representatives on the status of the implementation
  524  of this section, including the adoption of rules, development of
  525  the logo, and development of application procedures.
  526         (b) Beginning in 2017 and each year thereafter, the
  527  department’s annual report required under s. 20.60 must describe
  528  in detail the progress and use of the program. At a minimum, the
  529  report must include, for the most recent year, all of the
  530  following:
  531         (a) The number of applications and nominations received.;
  532         (b) The number of nominations accepted and declined.;
  533         (c) The number of designations awarded.;
  534         (d) Annual certifications.;
  535         (e) The use of information provided under subsection (8).;
  536  and
  537         (f) Any other information the agency deems deemed necessary
  538  to evaluate the program.
  539         (10) RULES.—The agency department shall adopt rules to
  540  administer this section.
  541         Section 7. For the 2024-2025 fiscal year, the sums of
  542  $16,562,703 in recurring funds from the General Revenue Fund and
  543  $22,289,520 in recurring funds from the Operations and
  544  Maintenance Trust Fund are appropriated in the Home and
  545  Community Based Services Waiver category to the Agency for
  546  Persons with Disabilities to offer waiver services to the
  547  greatest number of individuals permissible under the
  548  appropriation from preenrollment categories 3, 4, and 5,
  549  including individuals whose caregiver is age 60 or older in
  550  category 4, as provided in s. 393.065, Florida Statutes, as
  551  amended by this act.
  552         Section 8. The Agency for Health Care Administration and
  553  the Agency for Persons with Disabilities, in consultation with
  554  other stakeholders, shall jointly develop a comprehensive plan
  555  for the administration, finance, and delivery of home and
  556  community-based services through a new home and community-based
  557  services Medicaid waiver program. The waiver program shall be
  558  for clients transitioning into adulthood and shall be designed
  559  to prevent future crisis enrollment into the waiver program
  560  authorized under s. 393.0662, Florida Statutes. The Agency for
  561  Health Care Administration is authorized to contract with
  562  necessary experts to assist in developing the plan. The Agency
  563  for Health Care Administration must submit a report to the
  564  Governor, the President of the Senate, and the Speaker of the
  565  House of Representatives by December 1, 2024, addressing, at a
  566  minimum, all of the following:
  567         (1)The purpose, rationale, and expected benefits of the
  568  new waiver program.
  569         (2)The proposed eligibility criteria for clients and
  570  service packages to be offered through the new waiver program.
  571         (3)A proposed implementation plan and timeline, including
  572  recommendations for the number of clients to be served by the
  573  new waiver program at initial implementation, changes over time,
  574  and any per-client benefit caps.
  575         (4)Proposals for how clients will transition onto and off
  576  of the new waiver, including, but not limited to, transitions
  577  between this new waiver and the waiver established under s.
  578  393.0662, Florida Statutes.
  579         (5)The fiscal impact for the implementation year and
  580  projections for the subsequent 5 years, determined on an
  581  actuarially sound basis.
  582         (6)An analysis of the availability of services that would
  583  be offered under the new waiver program and recommendations to
  584  increase availability of such services, if necessary.
  585         (7)A list of all stakeholders, public and private, who
  586  were consulted or contacted as part of developing the plan for
  587  the new waiver program.
  588         Section 9. This act shall take effect July 1, 2024.