Florida Senate - 2020 SB 1542
By Senator Stargel
22-01222B-20 20201542__
1 A bill to be entitled
2 An act relating to Alzheimer’s disease; amending s.
3 430.501, F.S.; requiring state agencies to provide
4 assistance to the Alzheimer’s Disease Advisory
5 Committee, upon request; creating s. 430.5015, F.S.;
6 creating the position of Dementia Director within the
7 Department of Elderly Affairs; requiring the Secretary
8 of Elderly Affairs to appoint the director;
9 authorizing the director to call upon certain agencies
10 for assistance; requiring the agencies to assist the
11 director under certain circumstances; providing duties
12 and responsibilities of the director; amending s.
13 430.502, F.S.; making a technical change; revising
14 incentive funding criteria for memory disorder
15 clinics; revising the information the department must
16 consider when developing the allocation formula for
17 respite care; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraph (b) of subsection (3) of section
22 430.501, Florida Statutes, is amended to read:
23 430.501 Alzheimer’s Disease Advisory Committee; research
24 grants.—
25 (3)(b)1. The Governor shall appoint members from a broad
26 cross-section of public, private, and volunteer sectors. All
27 nominations shall be forwarded to the Governor by the Secretary
28 of Elderly Affairs in accordance with this subsection.
29 2. Members shall be appointed to 4-year staggered terms in
30 accordance with s. 20.052, except for the sitting members of the
31 Senate and House of Representatives, who shall be appointed to a
32 term corresponding to their term of office.
33 3. The Secretary of Elderly Affairs shall serve as an ex
34 officio member of the committee.
35 4. The committee shall elect one of its members to serve as
36 chair for a term of 1 year.
37 5. The committee may establish subcommittees as necessary
38 to carry out the functions of the committee.
39 6. The committee shall meet quarterly, or as frequently as
40 needed.
41 7. The committee shall submit an annual report to the
42 Governor, the President of the Senate, the Speaker of the House
43 of Representatives, and the Secretary of Elderly Affairs on or
44 before September 1 of each year. The annual report shall include
45 information and recommendations on Alzheimer’s disease policy;
46 all state-funded efforts in Alzheimer’s disease research,
47 clinical care, institutional, home-based and community-based
48 programs and the outcomes of such efforts; and any proposed
49 updates to the Alzheimer’s disease state plan submitted under
50 subparagraph 8.
51 8. Beginning in 2020, and every third year thereafter, on
52 or before November 1, the Department of Elderly Affairs shall
53 review the Alzheimer’s disease state plan and submit an updated
54 state plan to the Governor, the President of the Senate, and the
55 Speaker of the House of Representatives. The Department of
56 Elderly Affairs shall utilize the annual reports submitted by
57 the committee and collaborate with state Alzheimer’s disease
58 organizations and professionals when considering such updates to
59 the Alzheimer’s disease state plan. The state plan shall:
60 a. Assess the current and future impact of Alzheimer’s
61 disease and related forms of dementia on the state.
62 b. Examine the existing industries, services, and resources
63 addressing the needs of persons having Alzheimer’s disease or a
64 related form of dementia and their family caregivers.
65 c. Examine the needs of persons of all cultural backgrounds
66 having Alzheimer’s disease or a related form of dementia and how
67 their lives are affected by the disease from younger-onset,
68 through mid-stage, to late-stage.
69 d. Develop a strategy to mobilize a state response to this
70 public health crisis.
71 e. Provide information regarding:
72 (I) State trends with respect to persons having Alzheimer’s
73 disease or a related form of dementia and their needs,
74 including, but not limited to:
75 (A) The role of the state in providing community-based
76 care, long-term care, and family caregiver support, including
77 respite, education, and assistance to persons who are in the
78 early stages of Alzheimer’s disease, who have younger-onset
79 Alzheimer’s disease, or who have a related form of dementia.
80 (B) The development of state policy with respect to persons
81 having Alzheimer’s disease or a related form of dementia.
82 (C) Surveillance of persons having Alzheimer’s disease or a
83 related form of dementia for the purpose of accurately
84 estimating the number of such persons in the state at present
85 and projected population levels.
86 (II) Existing services, resources, and capacity, including,
87 but not limited to:
88 (A) The type, cost, and availability of dementia-specific
89 services throughout the state.
90 (B) Policy requirements and effectiveness for dementia
91 specific training for professionals providing care.
92 (C) Quality care measures employed by providers of care,
93 including providers of respite, adult day care, assisted living
94 facility, skilled nursing facility, and hospice services.
95 (D) The capability of public safety workers and law
96 enforcement officers to respond to persons having Alzheimer’s
97 disease or a related form of dementia, including, but not
98 limited to, responding to their disappearance, search and
99 rescue, abuse, elopement, exploitation, or suicide.
100 (E) The availability of home and community-based services
101 and respite care for persons having Alzheimer’s disease or a
102 related form of dementia and education and support services to
103 assist their families and caregivers.
104 (F) An inventory of long-term care facilities and
105 community-based services serving persons having Alzheimer’s
106 disease or a related form of dementia.
107 (G) The adequacy and appropriateness of geriatric
108 psychiatric units for persons having behavior disorders
109 associated with Alzheimer’s disease or a related form of
110 dementia.
111 (H) Residential assisted living options for persons having
112 Alzheimer’s disease or a related form of dementia.
113 (I) The level of preparedness of service providers before,
114 during, and after a catastrophic emergency involving a person
115 having Alzheimer’s disease or a related form of dementia and
116 their caregivers and families.
117 (III) Needed state policies or responses, including, but
118 not limited to, directions for the provision of clear and
119 coordinated care, services, and support to persons having
120 Alzheimer’s disease or a related form of dementia and their
121 caregivers and families and strategies to address any identified
122 gaps in the provision of services.
123 9. All state agencies shall provide assistance to the
124 committee, upon request.
125 10. The Department of Elderly Affairs shall provide staff
126 support to assist the committee in the performance of its
127 duties.
128 11.10. Members of the committee and subcommittees shall
129 receive no salary, but are entitled to reimbursement for travel
130 and per diem expenses, as provided in s. 112.061, while
131 performing their duties under this section.
132 Section 2. Section 430.5015, Florida Statutes, is created
133 to read:
134 430.5015 Dementia Director.—
135 (1) The position of Dementia Director is created within the
136 Department of Elderly Affairs. The Secretary of Elderly Affairs
137 shall appoint the director and the director shall serve at the
138 pleasure of the secretary.
139 (2) The director may call upon appropriate agencies of
140 state government for assistance as is needed pursuant to s.
141 430.04(13).
142 (3) The director shall:
143 (a) Facilitate coordination and support of policies and
144 programs in the Legislature and the executive branch, including
145 agencies of the executive branch, which relate to Alzheimer’s
146 disease and related forms of dementia.
147 (b) Facilitate coordination and support for the Alzheimer’s
148 Disease Advisory Committee and the implementation of and updates
149 to the Alzheimer’s disease state plan pursuant to s.
150 430.501(3)(b)8.
151 (c) Provide support to memory disorder clinics to help the
152 clinics meet or exceed the minimum performance standards under
153 s. 430.502(3).
154 (d) Facilitate and support coordination of outreach
155 programs and services between agencies, memory disorder clinics,
156 area agencies on aging, and other interested groups for the
157 purpose of fostering public awareness and education regarding
158 Alzheimer’s disease and related forms of dementia.
159 (e) Facilitate coordination of services and activities
160 between groups interested in dementia research, programs, and
161 services, including, but not limited to, area agencies on aging,
162 service providers, advocacy groups, legal services, emergency
163 personnel, law enforcement, and state colleges and universities.
164 (f) Collect and monitor data related to the impact of
165 Alzheimer’s disease in the state.
166 Section 3. Subsection (1), paragraph (a) of subsection (4),
167 and subsection (8) of section 430.502, Florida Statutes, are
168 amended to read:
169 430.502 Alzheimer’s disease; memory disorder clinics and
170 day care and respite care programs.—
171 (1) There is established:
172 (a) A memory disorder clinic at each of the three medical
173 schools in this state;
174 (b) A memory disorder clinic at a major private nonprofit
175 research-oriented teaching hospital, and may fund a memory
176 disorder clinic at any of the other affiliated teaching
177 hospitals;
178 (c) A memory disorder clinic at the Mayo Clinic in
179 Jacksonville;
180 (d) A memory disorder clinic at the West Florida Regional
181 Medical Center;
182 (e) A memory disorder clinic operated by Health First in
183 Brevard County;
184 (f) A memory disorder clinic at the Orlando Regional
185 Healthcare System, Inc.;
186 (g) A memory disorder center located in a public hospital
187 that is operated by an independent special hospital taxing
188 district that governs multiple hospitals and is located in a
189 county with a population greater than 800,000 persons;
190 (h) A memory disorder clinic at St. Mary’s Medical Center
191 in Palm Beach County;
192 (i) A memory disorder clinic at Tallahassee Memorial
193 Healthcare;
194 (j) A memory disorder clinic at Lee Memorial Hospital
195 created by chapter 63-1552, Laws of Florida, as amended;
196 (k) A memory disorder clinic at Sarasota Memorial Hospital
197 in Sarasota County;
198 (l) A memory disorder clinic at Morton Plant Hospital,
199 Clearwater, in Pinellas County;
200 (m) A memory disorder clinic at Florida Atlantic
201 University, Boca Raton, in Palm Beach County;
202 (n) A memory disorder clinic at AdventHealth Florida
203 Hospital in Orange County; and
204 (o) A memory disorder clinic at Miami Jewish Health System
205 in Miami-Dade County,
206
207 for the purpose of conducting research and training in a
208 diagnostic and therapeutic setting for persons suffering from
209 Alzheimer’s disease and related memory disorders. However,
210 memory disorder clinics shall not receive decreased funding due
211 solely to subsequent additions of memory disorder clinics in
212 this subsection.
213 (4) The department shall develop performance goals that
214 exceed the minimum performance standards developed under
215 subsection (3), which goals must be achieved in order for a
216 memory disorder clinic to be eligible for incentive funding
217 above the base level, subject to legislative appropriation.
218 Incentive funding shall be based on criteria including, but not
219 limited to:
220 (a) Significant increase in the volume of clinical services
221 and family care planning services.
222 (8) Pursuant to s. 287.057, the department shall contract
223 for the provision of respite care. All funds appropriated for
224 the provision of respite care shall be distributed annually by
225 the department to each funded county according to an allocation
226 formula. In developing the formula, the department shall
227 consider the number and proportion of the county population of
228 individuals who are 70 75 years of age and older. Each respite
229 care program shall be used as a resource for research and
230 statistical data by the memory disorder clinics established in
231 this part. In consultation with the memory disorder clinics, the
232 department shall specify the information to be provided by the
233 respite care programs for research purposes.
234 Section 4. This act shall take effect July 1, 2020.