January 28, 2021
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Senate Bill 0720

Senate Bill sb0720er

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


    ENROLLED

    2005 Legislature                                 CS for SB 720



  1                                 

  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; deleting obsolete provisions to

18         conform; providing an effective date.

19  

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

21  

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

23  400.506, Florida Statutes, is amended to read:

24         400.506  Licensure of nurse registries; requirements;

25  penalties.--

26         (10)

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

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

29  quality of care being provided by the certified nursing

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

31  professional judgment of the nurse requires further medical


                                  1

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




    ENROLLED

    2005 Legislature                                 CS for SB 720



 1  attention shall be reported to the attending physician and the

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

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

 4  the agency during their survey procedure.

 5         Section 2.  Section 413.402, Florida Statutes, is

 6  amended to read:

 7         413.402  Personal care attendant pilot program.--The

 8  Florida Association of Centers for Independent Living, in

 9  conjunction with the Brain and Spinal Cord Injury Program in

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

11  provide personal care attendants to persons who are eligible

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

13  of Health shall jointly develop memoranda of understanding

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

15  Injury Program in the Department of Health, the Florida

16  Medicaid program in the Agency for Health Care Administration,

17  the Florida Endowment Foundation for Vocational

18  Rehabilitation, and the Division of Vocational Rehabilitation

19  of the Department of Education.

20         (1)  Persons eligible to participate in the pilot

21  program must:

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

23  disabled due to a traumatic spinal cord injury;

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

25  dressing, bowel and bladder management, and transportation;

26  Have been determined eligible for training services from the

27  Division of Vocational Rehabilitation of the Department of

28  Education; and

29         (c)  Require a personal care attendant to maintain

30  substantial gainful employment;

31  


                                  2

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    ENROLLED

    2005 Legislature                                 CS for SB 720



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

 2  attendant; and

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

 4         1.  Live in a nursing home; or

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

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

 7  community-based waiver program targeted to persons with brain

 8  or spinal cord injuries; or.

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

10  caregiver, will lose employment and potentially return to a

11  nursing home.

12         (2)  The association shall develop a training program

13  for training persons selected to participate in the pilot

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

15  personal care attendant.

16         (2)(3)(a)  The association, in cooperation with the

17  Department of Health and the Florida Endowment Foundation for

18  Vocational Rehabilitation, shall develop a program to recruit,

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

20  attendants.

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

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

23  and to operate as a fiscal intermediary through which payments

24  are made to individuals performing services as personal care

25  attendants under the pilot program. The Department of Health

26  and the Agency for Health Care Administration shall seek any

27  federal waivers necessary to implement this provision.

28         (3)(4)  The association and the Department of Health,

29  in cooperation with the Florida Endowment Foundation for

30  Vocational Rehabilitation, shall develop a training program

31  for personal care attendants.


                                  3

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    ENROLLED

    2005 Legislature                                 CS for SB 720



 1         (4)(5)  The association, in cooperation with the

 2  Department of Health and the Florida Endowment Foundation for

 3  Vocational Rehabilitation, shall establish procedures for

 4  selecting persons eligible under subsection (1) to participate

 5  in the pilot program.

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

 7  of Vocational Rehabilitation of the Department of Education,

 8  shall assess the selected participants and make

 9  recommendations for their placement into appropriate

10  work-related training programs.

11         (5)(7)  The association, in cooperation with the

12  Department of Revenue, the Brain and Spinal Cord Injury

13  Program in the Department of Health, the Florida Medicaid

14  program in the Agency for Health Care Administration, a

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

16  judicial circuits counties participating in the pilot program,

17  the Florida Endowment Foundation for Vocational

18  Rehabilitation, and the Division of Vocational Rehabilitation

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

20  implementation of the pilot program.

21         (6)(8)  The Department of Health shall establish an

22  oversight workgroup for the personal care attendant program to

23  oversee the implementation and administration of the program.

24  The workgroup shall be composed of one representative from the

25  Brain and Spinal Cord Injury Program in the Department of

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

27  representative from the Florida Medicaid Program in the Agency

28  for Health Care Administration, one representative from the

29  Florida Endowment Foundation for Vocational Rehabilitation,

30  one representative from the Florida Association of Centers for

31  Independent Living, one representative from the Division of


                                  4

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    ENROLLED

    2005 Legislature                                 CS for SB 720



 1  Vocational Rehabilitation of the Department of Education, and

 2  two members who are persons with traumatic spinal cord

 3  injuries or are family members of persons with traumatic

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

 5  association shall present to the President of the Senate and

 6  to the Speaker of the House of Representatives the

 7  implementation plan for the pilot program, a timeline for

 8  implementation, estimates of the number of participants to be

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

10  program. The pilot program shall be implemented beginning July

11  1, 2003, unless there is specific legislative action to the

12  contrary.

13         Section 3.  Section 413.4021, Florida Statutes, is

14  amended to read:

15         413.4021  Pilot Program participant county selection;

16  tax collection enforcement diversion program.--The Department

17  of Revenue, in coordination with the Florida Association of

18  Centers for Independent Living and the Florida Prosecuting

19  Attorneys Association, shall select judicial circuits four

20  counties in which to operate the pilot program. The

21  association and the state attorneys' offices in Duval County

22  and the four pilot program counties shall develop and

23  implement a tax collection enforcement diversion program,

24  which shall collect revenue due from persons who have not

25  remitted their collected sales tax. The criteria for referral

26  to the tax collection enforcement diversion program shall be

27  determined cooperatively between the state attorneys' offices

28  in those counties and the Department of Revenue.

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

30  percent of the revenues collected from the tax collection

31  enforcement diversion program shall be deposited into the


                                  5

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    ENROLLED

    2005 Legislature                                 CS for SB 720



 1  operating account of the Florida Endowment Foundation for

 2  Vocational Rehabilitation, to be used to administer implement

 3  the personal care attendant pilot program and to contract with

 4  the state attorneys participating in the tax collection

 5  enforcement diversion program in an amount of not more than

 6  $50,000 for each state attorney.

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

 8  deposited into the operating account of the Florida Endowment

 9  Foundation for Vocational Rehabilitation. The Florida

10  Endowment Foundation for Vocational Rehabilitation shall

11  select the entity to administer the personal care attendant

12  program.

13         (3)  The Revenue Estimating Conference shall annually

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

15  tax collection enforcement diversion program.

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

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

18  of the revenues collected from the tax collection enforcement

19  diversion program shall be deposited into the operating

20  account of the Florida Endowment Foundation for Vocational

21  Rehabilitation, to be used to implement the personal care

22  attendant pilot program and to contract with the state

23  attorneys participating in the tax collection enforcement

24  diversion program in an amount of not more than $50,000 for

25  each state attorney. This subsection expires July 1, 2005.

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

27  

28  

29  

30  

31  


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