Bill Text: FL S1544 | 2020 | Regular Session | Comm Sub


Bill Title: Long-term Care

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-03-09 - Laid on Table, refer to CS/HB 1373 [S1544 Detail]

Download: Florida-2020-S1544-Comm_Sub.html
       Florida Senate - 2020                             CS for SB 1544
       
       
        
       By the Committee on Health Policy; and Senator Albritton
       
       
       
       
       
       588-03089-20                                          20201544c1
    1                        A bill to be entitled                      
    2         An act relating to long-term care; amending s.
    3         409.979, F.S.; requiring aging resource center
    4         personnel to annually rescreen certain individuals
    5         with high priority scores for purposes of the
    6         statewide wait list for enrollment for home and
    7         community-based services; authorizing such personnel
    8         to administer rescreening for certain individuals with
    9         low priority scores; requiring the Department of
   10         Elderly Affairs to maintain contact information for
   11         individuals with low priority scores for rescreening
   12         purposes; requiring aging resource center personnel to
   13         inform such individuals of community resources;
   14         amending s. 430.205, F.S.; authorizing community-care
   15         for-the-elderly services providers to dispute certain
   16         referrals; providing that a referral decision by adult
   17         protective service prevails; providing an effective
   18         date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraphs (a) and (b) of subsection (3) of
   23  section 409.979, Florida Statutes, are amended to read:
   24         409.979 Eligibility.—
   25         (3) WAIT LIST, RELEASE, AND OFFER PROCESS.—The Department
   26  of Elderly Affairs shall maintain a statewide wait list for
   27  enrollment for home and community-based services through the
   28  long-term care managed care program.
   29         (a) The Department of Elderly Affairs shall prioritize
   30  individuals for potential enrollment for home and community
   31  based services through the long-term care managed care program
   32  using a frailty-based screening tool that results in a priority
   33  score. The priority score is used to set an order for releasing
   34  individuals from the wait list for potential enrollment in the
   35  long-term care managed care program. If capacity is limited for
   36  individuals with identical priority scores, the individual with
   37  the oldest date of placement on the wait list shall receive
   38  priority for release.
   39         1. Pursuant to s. 430.2053, aging resource center personnel
   40  certified by the Department of Elderly Affairs shall perform the
   41  screening for each individual requesting enrollment for home and
   42  community-based services through the long-term care managed care
   43  program. The Department of Elderly Affairs shall request that
   44  the individual or the individual’s authorized representative
   45  provide alternate contact names and contact information.
   46         2. The individual requesting the long-term care services,
   47  or the individual’s authorized representative, must participate
   48  in an initial screening or rescreening for placement on the wait
   49  list. The screening or rescreening must be completed in its
   50  entirety before placement on the wait list.
   51         3. Pursuant to s. 430.2053, aging resource center personnel
   52  shall administer rescreening annually or upon notification of a
   53  significant change in an individual’s circumstances for an
   54  individual with a high priority score. Aging resource center
   55  personnel may administer rescreening annually or upon
   56  notification of a significant change in an individual’s
   57  circumstances for an individual with a low priority score.
   58         4. The Department of Elderly Affairs shall adopt by rule a
   59  screening tool that generates the priority score, and shall make
   60  publicly available on its website the specific methodology used
   61  to calculate an individual’s priority score.
   62         (b) Upon completion of the screening or rescreening
   63  process, the Department of Elderly Affairs shall notify the
   64  individual or the individual’s authorized representative that
   65  the individual has been placed on the wait list, unless the
   66  individual has a low priority score. The Department of Elderly
   67  Affairs must maintain contact information for each individual
   68  with a low priority score for purposes of any future
   69  rescreening. Aging resource center personnel shall inform
   70  individuals with low priority scores of community resources
   71  available to assist them and inform them that they may contact
   72  the aging resource center for a new assessment at any time if
   73  they experience a change in circumstances.
   74         Section 2. Paragraph (a) of subsection (5) of section
   75  430.205, Florida Statutes, is amended to read:
   76         430.205 Community care service system.—
   77         (5) Any person who has been classified as a functionally
   78  impaired elderly person is eligible to receive community-care
   79  for-the-elderly core services.
   80         (a) Those elderly persons who are determined by protective
   81  investigations to be vulnerable adults in need of services,
   82  pursuant to s. 415.104(3)(b), or to be victims of abuse,
   83  neglect, or exploitation who are in need of immediate services
   84  to prevent further harm and are referred by the adult protective
   85  services program, shall be given primary consideration for
   86  receiving community-care-for-the-elderly services. As used in
   87  this paragraph, “primary consideration” means that an assessment
   88  and services must commence within 72 hours after referral to the
   89  department or as established in accordance with department
   90  contracts by local protocols developed between department
   91  service providers and the adult protective services program.
   92  Regardless, a community-care-for-the-elderly services provider
   93  may dispute a referral under this paragraph by requesting that
   94  adult protective services negotiate the referral placement of,
   95  and the services to be provided to, a vulnerable adult or victim
   96  of abuse, neglect, or exploitation. If an agreement cannot be
   97  reached with adult protective services for modification of the
   98  referral decision, the determination by adult protective
   99  services shall prevail.
  100         Section 3. This act shall take effect July 1, 2020.

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