January 28, 2021
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Senate Bill 0720

Senate Bill sb0720

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                   SB 720

    By Senator Wise





    5-638A-05

  1                      A bill to be entitled

  2         An act relating to health care; amending s.

  3         400.506, F.S.; deleting the requirement that a

  4         registered nurse referred by a nurse registry

  5         make monthly visits to a patient; amending ss.

  6         413.402 and 413.4021, F.S.; making permanent

  7         the program for personal care attendants for

  8         spinal cord injury victims; providing powers

  9         and duties of the Department of Health with

10         respect to the program; providing criteria for

11         participation in the program; providing for an

12         oversight workgroup; increasing the percentage

13         of revenues collected from persons who fail to

14         remit sales tax which shall be deposited into

15         the Florida Endowment Foundation for Vocational

16         Rehabilitation for the purpose of administering

17         the program; providing an effective date.

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

21         Section 1.  Paragraph (c) of subsection (10) of section

22  400.506, Florida Statutes, is amended to read:

23         400.506  Licensure of nurse registries; requirements;

24  penalties.--

25         (10)

26         (c)  A registered nurse shall make monthly visits to

27  the patient's home to assess the patient's condition and

28  quality of care being provided by the certified nursing

29  assistant or home health aide.  Any condition which in the

30  professional judgment of the nurse requires further medical

31  attention shall be reported to the attending physician and the

                                  1

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    Florida Senate - 2005                                   SB 720
    5-638A-05




 1  nurse registry. The assessment shall become a part of the

 2  patient's file with the nurse registry and may be reviewed by

 3  the agency during their survey procedure.

 4         Section 2.  Section 413.402, Florida Statutes, is

 5  amended to read:

 6         413.402  Personal care attendant pilot program.--The

 7  Florida Association of Centers for Independent Living, in

 8  conjunction with the Brain and Spinal Cord Injury Program in

 9  the Department of Health, shall develop a pilot program to

10  provide personal care attendants to persons who are eligible

11  pursuant to subsection (1). The association and the Department

12  of Health shall jointly develop memoranda of understanding

13  with the Department of Revenue, the Brain and Spinal Cord

14  Injury Program in the Department of Health, the Florida

15  Medicaid program in the Agency for Health Care Administration,

16  the Florida Endowment Foundation for Vocational

17  Rehabilitation, and the Division of Vocational Rehabilitation

18  of the Department of Education.

19         (1)  Persons eligible to participate in the pilot

20  program must:

21         (a)  Be at least 18 years of age and be significantly

22  disabled due to a traumatic spinal cord injury;

23         (b)  Require a personal care attendant for bathing,

24  dressing, bowel and bladder management, and transportation;

25  Have been determined eligible for training services from the

26  Division of Vocational Rehabilitation of the Department of

27  Education; and

28         (c)  Require a personal care attendant to maintain

29  substantial gainful employment;

30         (d)  Be able to hire and supervise a personal care

31  attendant; and

                                  2

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    Florida Senate - 2005                                   SB 720
    5-638A-05




 1         (e)(c)  Meet one of the following requirements Either:

 2         1.  Live in a nursing home; or

 3         2.  Have moved out of a nursing home within the

 4  preceding 180 days due to participation in a Medicaid home and

 5  community-based waiver program targeted to persons with brain

 6  or spinal cord injuries; or.

 7         3.  Presently be employed but, because of a loss of a

 8  caregiver, will lose employment and potentially return to a

 9  nursing home.

10         (2)  The association shall develop a training program

11  for training persons selected to participate in the pilot

12  program that will prepare each person to manage his or her own

13  personal care attendant.

14         (2)(3)(a)  The association, in cooperation with the

15  Department of Health and the Florida Endowment Foundation for

16  Vocational Rehabilitation, shall develop a program to recruit,

17  screen, and select candidates to be trained as personal care

18  attendants.

19         (b)  The services of a nurse registry licensed pursuant

20  to s. 400.506 may be utilized to recruit and screen candidates

21  and to operate as a fiscal intermediary through which payments

22  are made to individuals performing services as personal care

23  attendants under the pilot program. The Department of Health

24  and the Agency for Health Care Administration shall seek any

25  federal waivers necessary to implement this provision.

26         (3)(4)  The association and the Department of Health,

27  in cooperation with the Florida Endowment Foundation for

28  Vocational Rehabilitation, shall develop a training program

29  for personal care attendants.

30         (4)(5)  The association, in cooperation with the

31  Department of Health and the Florida Endowment Foundation for

                                  3

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    Florida Senate - 2005                                   SB 720
    5-638A-05




 1  Vocational Rehabilitation, shall establish procedures for

 2  selecting persons eligible under subsection (1) to participate

 3  in the pilot program.

 4         (6)  The association, in cooperation with the Division

 5  of Vocational Rehabilitation of the Department of Education,

 6  shall assess the selected participants and make

 7  recommendations for their placement into appropriate

 8  work-related training programs.

 9         (5)(7)  The association, in cooperation with the

10  Department of Revenue, the Brain and Spinal Cord Injury

11  Program in the Department of Health, the Florida Medicaid

12  program in the Agency for Health Care Administration, a

13  representative from the state attorney's office in each of the

14  judicial circuits counties participating in the pilot program,

15  the Florida Endowment Foundation for Vocational

16  Rehabilitation, and the Division of Vocational Rehabilitation

17  of the Department of Education, shall develop a plan for

18  implementation of the pilot program.

19         (6)(8)  The Department of Health shall establish an

20  oversight workgroup for the personal care attendant program to

21  oversee the implementation and administration of the program.

22  The workgroup shall be composed of one representative from the

23  Brain and Spinal Cord Injury Program in the Department of

24  Health, one representative from the Department of Revenue, one

25  representative from the Florida Medicaid Program in the Agency

26  for Health Care Administration, one representative from the

27  Florida Endowment Foundation for Vocational Rehabilitation,

28  one representative from the Florida Association of Centers for

29  Independent Living, one representative from the Division of

30  Vocational Rehabilitation of the Department of Education, and

31  two members who are persons with traumatic spinal cord

                                  4

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    Florida Senate - 2005                                   SB 720
    5-638A-05




 1  injuries or are family members of persons with traumatic

 2  spinal cord injuries. No later than March 1, 2003, the

 3  association shall present to the President of the Senate and

 4  to the Speaker of the House of Representatives the

 5  implementation plan for the pilot program, a timeline for

 6  implementation, estimates of the number of participants to be

 7  served, and cost projections for each component of the pilot

 8  program. The pilot program shall be implemented beginning July

 9  1, 2003, unless there is specific legislative action to the

10  contrary.

11         Section 3.  Section 413.4021, Florida Statutes, is

12  amended to read:

13         413.4021  Pilot Program participant county selection;

14  tax collection enforcement diversion program.--The Department

15  of Revenue, in coordination with the Florida Association of

16  Centers for Independent Living and the Florida Prosecuting

17  Attorneys Association, shall select judicial circuits four

18  counties in which to operate the pilot program. The

19  association and the state attorneys' offices in Duval County

20  and the four pilot program counties shall develop and

21  implement a tax collection enforcement diversion program,

22  which shall collect revenue due from persons who have not

23  remitted their collected sales tax. The criteria for referral

24  to the tax collection enforcement diversion program shall be

25  determined cooperatively between the state attorneys' offices

26  in those counties and the Department of Revenue.

27         (1)  Notwithstanding the provisions of s. 212.20, 50 25

28  percent of the revenues collected from the tax collection

29  enforcement diversion program shall be deposited into the

30  operating account of the Florida Endowment Foundation for

31  

                                  5

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    Florida Senate - 2005                                   SB 720
    5-638A-05




 1  Vocational Rehabilitation, to be used to administer implement

 2  the personal care attendant pilot program.

 3         (2)  The pilot program shall operate only from funds

 4  deposited into the operating account of the Florida Endowment

 5  Foundation for Vocational Rehabilitation. The Florida

 6  Endowment Foundation for Vocational Rehabilitation shall

 7  select the entity to administer the personal care attendant

 8  program.

 9         (3)  The Revenue Estimating Conference shall annually

10  project the amount of funds expected to be generated from the

11  tax collection enforcement diversion program.

12         (4)  Fifty For the 2004-2005 fiscal year only and

13  notwithstanding the provisions of subsection (1), 50 percent

14  of the revenues collected from the tax collection enforcement

15  diversion program shall be deposited into the operating

16  account of the Florida Endowment Foundation for Vocational

17  Rehabilitation, to be used to administer implement the

18  personal care attendant pilot program and to contract with the

19  state attorneys participating in the tax collection

20  enforcement diversion program in an amount of not more than

21  $50,000 for each state attorney. This subsection expires July

22  1, 2005.

23         Section 4.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                                   SB 720
    5-638A-05




 1            *****************************************

 2                          SENATE SUMMARY

 3    Makes permanent the pilot program for the provision of
      personal care assistants to certain persons disabled due
 4    to traumatic spinal cord injuries. Revises standards for
      participation in the program. Assigns the Department of
 5    Health, through its Brain and Spinal Cord Injury Program,
      joint program authority with the Florida Association of
 6    Centers for Independent Living. Requires the
      establishment of a program oversight workgroup within the
 7    department and specifies its membership. Provides for the
      program to be conducted across participating judicial
 8    circuits.

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