SB40: Bill Text

SB40, s. 939 Section 939. 46.2805 (6) of the statutes is renumbered 46.2805 (7u) and amended to read:

SB40,540,6 46.2805 (7u) "Family Long-term care district board" means the governing board of a family long-term care district.

SB40, s. 940 Section 940. 46.2805 (6m) of the statutes is created to read:

SB40,540,10 46.2805 (6m) "Family member" means a spouse or an individual related by blood, marriage, or adoption within the 3rd degree of kinship as computed under s. 990.001 (16).

SB40, s. 941 Section 941. 46.2805 (6r) of the statutes is created to read:

SB40,540,14 46.2805 (6r) "Financial and cost-sharing screening" means a screening to determine financial eligibility under s. 46.286 (1) (b) and cost-sharing under s. 46.286 (2) using a uniform tool prescribed by the department.

SB40, s. 942 Section 942. 46.2805 (6v) of the statutes is created to read:

SB40,540,19 46.2805 (6v) "Frail elder" means an individual who is 65 years of age or older and has a physical disability or irreversible dementia that restricts the individual's ability to perform normal daily tasks or that threatens the capacity of the individual to live independently.

SB40, s. 943 Section 943. 46.2805 (7) of the statutes is amended to read:

SB40,540,24 46.2805 (7) "Functional and financial screen screening" means a screen prescribed by the department that is used screening to determine functional eligibility under s. 46.286 (1) (a) and financial eligibility under s. 46.286 (1) (b) using a uniform tool prescribed by the department.

SB40, s. 944 Section 944. 46.2805 (7m) of the statutes is repealed.

SB40, s. 945 Section 945. 46.281 (1) (intro.) of the statutes is renumbered 46.281 (1n) (intro.), and 46.281 (1n) (title), as renumbered, is amended to read:

SB40,541,3 46.281 (1n) (title) Duties Other duties of the department.

SB40, s. 946 Section 946. 46.281 (1) (c) of the statutes is renumbered 46.281 (1d) and amended to read:

SB40,541,13 46.281 (1d) Waiver request. Request The department shall request from the secretary of the federal department of health and human services any waivers of federal medicaid laws necessary to permit the use of federal moneys to provide the family care benefit to recipients of medical assistance. The department shall implement any waiver that is approved and that is consistent with ss. 46.2805 to 46.2895. Regardless of whether a waiver is approved, the department may implement operation of resource centers, care management organizations , and the family care benefit.

SB40, s. 947 Section 947. 46.281 (1) (d) of the statutes is repealed.

SB40, s. 948 Section 948. 46.281 (1) (e) of the statutes is repealed.

SB40, s. 949 Section 949. 46.281 (1) (f) of the statutes is renumbered 46.281 (1n) (a).

SB40, s. 950 Section 950. 46.281 (1) (g) of the statutes is renumbered 46.281 (1n) (b).

SB40, s. 951 Section 951. 46.281 (1) (h) of the statutes is renumbered 46.281 (1n) (c).

SB40, s. 952 Section 952. 46.281 (1) (i) of the statutes is repealed.

SB40, s. 953 Section 953. 46.281 (1g) of the statutes is created to read:

SB40,542,2 46.281 (1g) Contracting for resource centers and care management organizations. The department may contract with entities as provided under s. 46.283 (2) to provide the services under s. 46.283 (3) and (4) as resource centers in any geographic area in the state, and may contract with entities as provided under s. 46.284 (2) to administer the family care benefit as care management organizations in any geographic area in the state.

SB40, s. 954 Section 954. 46.281 (1n) (d) of the statutes is created to read:

SB40,542,6 46.281 (1n) (d) 1. Establish regions for long-term care advisory committees under s. 46.2825, periodically review the boundaries of the regions, and, as appropriate, revise the boundaries.

SB40,542,11 2. Specify the number of members that each governing board of a resource center shall appoint to a regional long-term care advisory committee. The total number of committee members shall not exceed 25, and the department shall allot committee membership equally among the governing boards of resource centers operating within the boundaries of the regional long-term care advisory committee.

SB40,542,13 3. Provide information and staff assistance to assist regional long-term care advisory committees in performing the duties under s. 46.2825 (2).

SB40, s. 955 Section 955. 46.281 (2) (title) of the statutes is amended to read:

SB40,542,15 46.281 (2) (title) Powers Other powers of the department.

SB40, s. 956 Section 956. 46.281 (3) of the statutes is amended to read:

SB40,542,25 46.281 (3) Duty of the secretary. The secretary shall certify to each county, hospital, nursing home, community-based residential facility, adult family home and residential care apartment complex the date on which a resource center that serves the area of the county, hospital, nursing home, community-based residential facility, adult family home or residential care apartment complex is first available to provide a perform functional screenings and financial screen and cost-sharing screenings. To facilitate phase-in of services of resource centers, the secretary may certify that the resource center is available for specified groups of eligible individuals or for specified facilities in the county.

SB40, s. 957 Section 957. 46.282 (title) of the statutes is repealed.

SB40, s. 958 Section 958. 46.282 (2) of the statutes is repealed.

SB40, s. 959 Section 959. 46.282 (3) (title) of the statutes is repealed.

SB40, s. 960 Section 960. 46.282 (3) (a) (intro.) of the statutes is repealed.

SB40, s. 961 Section 961. 46.282 (3) (a) 1. of the statutes is repealed.

SB40, s. 962 Section 962. 46.282 (3) (a) 2. of the statutes is repealed.

SB40, s. 963 Section 963. 46.282 (3) (a) 3. of the statutes is repealed.

SB40, s. 964 Section 964. 46.282 (3) (a) 4. of the statutes is repealed.

SB40, s. 965 Section 965. 46.282 (3) (a) 5. of the statutes is repealed.

SB40, s. 966 Section 966. 46.282 (3) (a) 6. of the statutes is repealed.

SB40, s. 967 Section 967. 46.282 (3) (a) 7. of the statutes is repealed.

SB40, s. 968 Section 968. 46.282 (3) (a) 8. of the statutes is renumbered 46.2825 (2) (e) and amended to read:

SB40,543,15 46.2825 (2) (e) Monitor the pattern of enrollments and disenrollments in local care management organizations that provide services in the committee's region.

SB40, s. 969 Section 969. 46.282 (3) (a) 9. of the statutes is renumbered 46.283 (6) (b) 3. and amended to read:

SB40,543,22 46.283 (6) (b) 3. Identify any gaps in services, living arrangements, and community resources and develop strategies to build local capacity to serve older persons and persons with physical or developmental disabilities needed by individuals belonging to the client groups served by the resource center, especially those with long-term care needs.

SB40, s. 970 Section 970. 46.282 (3) (a) 10. of the statutes is renumbered 46.2825 (2) (g) and amended to read:

SB40,544,3 46.2825 (2) (g) Perform long-range planning on long-term care policy for older persons and persons with physical or developmental disabilities individuals belonging to the client groups served by the resource center.

SB40, s. 971 Section 971. 46.282 (3) (a) 11. of the statutes is renumbered 46.283 (6) (b) 8. and amended to read:

SB40,544,12 46.283 (6) (b) 8. Annually review interagency agreements between a the resource center and care management organization or organizations that provide services in the area served by the resource center and make recommendations, as appropriate, on the interaction between the resource center and the care management organization or organizations to assure coordination between or among them and to assure access to and timeliness in provision of services by the resource center and the care management organizations.

SB40, s. 972 Section 972. 46.282 (3) (a) 12. of the statutes is renumbered 46.283 (6) (b) 9. and amended to read:

SB40,544,19 46.283 (6) (b) 9. Annually review Review the number and types of complaints and grievances about and appeals concerning the long-term care system by persons who receive or may receive care under the system in the area served by the resource center, to determine if a need exists for system changes, and recommend system or other changes if appropriate.

SB40, s. 973 Section 973. 46.282 (3) (a) 13. of the statutes is renumbered 46.283 (6) (b) 6. and amended to read:

SB40,544,25 46.283 (6) (b) 6. Identify potential new sources of community resources and funding for needed services for older persons and persons with physical or developmental disabilities individuals belonging to the client groups served by the resource center.

SB40, s. 974 Section 974. 46.282 (3) (a) 14. of the statutes is repealed.

SB40, s. 975 Section 975. 46.282 (3) (a) 15. of the statutes is repealed.

SB40, s. 976 Section 976. 46.282 (3) (b) of the statutes is renumbered 46.283 (6) (b) 10. and amended to read:

SB40,545,8 46.283 (6) (b) 10. A local long-term care council may, within the local long-term care council's area If directed to do so by the county board, assume the duties of the county long-term community support planning committee as specified under s. 46.27 (4) for a county served by the resource center.

SB40, s. 977 Section 977. 46.2825 of the statutes is created to read:

SB40,545,17 46.2825 Regional long-term care advisory committees. (1) Creation. The governing board of each resource center operating in a region established by the department under s. 46.281 (1n) (d) 1. shall appoint the number of its members that is specified by the department under s. 46.281 (1n) (d) 2. to a regional long-term care advisory committee. At least 50 percent of the persons a resource center board appoints to a regional long-term care advisory committee shall be older persons or persons with a physical or developmental disability or their family members, guardians, or other advocates.

SB40,545,19 (2) Duties. A regional long-term care advisory committee shall do all of the following:

SB40,545,25 (a) Evaluate the performance of care management organizations and entities that operate a program described under s. 46.2805 (1) (a) or (b) in the committee's region with respect to responsiveness to recipients of their services, fostering choices for recipients, and other issues affecting recipients; and make recommendations based on the evaluation to the department and to the care management organizations and entities, as appropriate.

SB40,546,3 (b) Evaluate the performance of resource centers operating in the committee's region and, as appropriate, make recommendations, concerning their performance to the department and the resource centers.

SB40,546,6 (c) Monitor grievances and appeals made to care management organizations or entities that operate a program described under s. 46.2805 (1) (a) or (b) within the committee's region.

SB40,546,7 (d) Review utilization of long-term care services in the committee's region.

SB40,546,13 (f) Using information gathered under s. 46.283 (6) (b) 2. by governing boards of resources centers operating in the committee's region and other available information, identify any gaps in the availability of services, living arrangements, and community resources needed by older persons and persons with physical or developmental disabilities, and develop strategies to build capacity to provide those services, living arrangements, and community resources in the committee's region.

SB40,546,16 (h) Annually report to the department regarding significant achievements and problems relating to the provision of long-term care services in the committee's region.

SB40, s. 978 Section 978. 46.283 (1) (a) 2. of the statutes is amended to read:

SB40,546,19 46.283 (1) (a) 2. Whether to create a family long-term care district to apply to the department for a contract to operate a resource center.

SB40, s. 979 Section 979. 46.283 (2) (a) of the statutes is repealed.

SB40, s. 980 Section 980. 46.283 (2) (b) of the statutes is renumbered 46.283 (2), and 46.283 (2) (intro.) and (b), as renumbered, are amended to read:

SB40,547,5 46.283 (2) (intro.) After June 30, 2001, the The department may, if the applicable review conditions under s. 46.281 (1) (e) 2. are satisfied, contract to operate a resource center with counties, family long-term care districts, or the governing body of a tribe or band or the Great Lakes Inter-Tribal Council, Inc., under a joint application of any of these, or with a private nonprofit organization if the department determines that the organization has no significant connection to an entity that operates a care management organization and if any of the following applies:

SB40,547,7 (b) A county agency or a family long-term care district applies for a contract but fails to meet the standards specified in sub. (3).

SB40, s. 981 Section 981. 46.283 (3) (h) of the statutes is repealed.

SB40, s. 982 Section 982. 46.283 (3) (i) of the statutes is repealed.

SB40, s. 983 Section 983. 46.283 (3) (k) of the statutes is amended to read:

SB40,547,13 46.283 (3) (k) A determination of eligibility for state supplemental payments under s. 49.77, medical assistance under s. 49.46, 49.468 or, 49.47, or 49.471, or the federal food stamp program under 7 USC 2011 to 2029.

SB40, s. 984 Section 984. 46.283 (4) (e) of the statutes is amended to read:

SB40,547,22 46.283 (4) (e) Within 6 months after the family care benefit is available to all eligible persons in the area of the resource center, provide Provide information about the services of the resource center, including the services specified in sub. (3) (d), about assessments under s. 46.284 (4) (b) and care plans under s. 46.284 (4) (c) and about the family care benefit to all older persons and persons with a physical disability who are residents of nursing homes, community-based residential facilities, adult family homes and residential care apartment complexes in the area of the resource center.

SB40, s. 985 Section 985. 46.283 (4) (f) of the statutes is amended to read: