Bill Text: FL S1758 | 2024 | Regular Session | Enrolled
Bill Title: Individuals with Disabilities
Spectrum: Slight Partisan Bill (Republican 28-11-2)
Status: (Passed) 2024-03-22 - Chapter No. 2024-14 [S1758 Detail]
Download: Florida-2024-S1758-Enrolled.html
ENROLLED
2024 Legislature CS for CS for SB 1758, 1st Engrossed
20241758er
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2 An act relating to individuals with disabilities;
3 amending s. 393.064, F.S.; revising provisions related
4 to programs and services provided by the Agency for
5 Persons with Disabilities; requiring the agency,
6 within available resources, to offer voluntary
7 participation care navigation services to clients and
8 their caregivers at specified times; specifying goals
9 and requirements for such care navigation services;
10 specifying requirements for care plans; requiring the
11 integration of care plans with any individual
12 education plans of clients; specifying requirements
13 for such integration; amending s. 393.065, F.S.;
14 requiring the agency to develop and implement an
15 online application process; specifying requirements
16 for the online application process; requiring the
17 agency to maintain access to a printable paper
18 application on its website and, upon request, provide
19 printed paper applications; requiring the agency to
20 acknowledge receipt of all applications it receives,
21 regardless of the manner of submission, by providing
22 an immediate receipt confirmation to the applicant in
23 a specified manner; defining the term “complete
24 application”; revising timeframes within which the
25 agency must make eligibility determinations for
26 services; lowering the age that a caregiver must be
27 for an individual to be placed in a certain
28 preenrollment category; amending s. 393.0651, F.S.;
29 revising which types of clients are eligible for an
30 individual support plan; clarifying the timeframe
31 within which a family or individual support plan must
32 be developed; requiring waiver support coordinators to
33 inform the client, client’s parent or guardian, or
34 client’s advocate, as appropriate, of certain
35 information when developing or reviewing the family or
36 individual support plan; providing for a type two
37 transfer of the Florida Unique Abilities Partner
38 Program from the Department of Commerce to the Agency
39 for Persons with Disabilities; amending ss. 20.60 and
40 413.801, F.S.; conforming provisions to changes made
41 by the act; providing appropriations; requiring the
42 Agency for Health Care Administration and the Agency
43 for Persons with Disabilities, in consultation with
44 other stakeholders, to jointly develop a comprehensive
45 plan for the administration, finance, and delivery of
46 home and community-based services through a new home
47 and community-based services Medicaid waiver program;
48 providing requirements for the waiver program;
49 authorizing the Agency for Health Care Administration
50 to contract with necessary experts, in consultation
51 with the Agency for Persons with Disabilities, to
52 assist in developing the plan; requiring the Agency
53 for Persons with Disabilities, in consultation with
54 the Agency for Health Care Administration, to submit a
55 specified report to the Governor and the Legislature
56 by a specified date; providing an effective date.
57
58 Be It Enacted by the Legislature of the State of Florida:
59
60 Section 1. Section 393.064, Florida Statutes, is amended to
61 read:
62 393.064 Care navigation Prevention.—
63 (1) Within available resources, the agency shall offer to
64 clients and their caregivers care navigation services for
65 voluntary participation at the time of application and as part
66 of any eligibility or renewal review. The goals of care
67 navigation are to create a seamless network of community
68 resources and supports for the client and the client’s family as
69 a whole to support a client in daily living, community
70 integration, and achievement of individual goals. Care
71 navigation services must involve assessing client needs and
72 developing and implementing care plans, including, but not
73 limited to, connecting a client to resources and supports. At a
74 minimum, a care plan must address immediate, intermediate, and
75 long-term needs and goals to promote and increase well-being and
76 opportunities for education, employment, social engagement,
77 community integration, and caregiver support. For a client who
78 is a public school student entitled to a free appropriate public
79 education under the Individuals with Disabilities Education Act,
80 I.D.E.A., as amended, the care plan must be integrated with the
81 student’s individual education plan (IEP). The care plan and IEP
82 must be implemented to maximize the attainment of educational
83 and habilitation goals give priority to the development,
84 planning, and implementation of programs which have the
85 potential to prevent, correct, cure, or reduce the severity of
86 developmental disabilities. The agency shall direct an
87 interagency and interprogram effort for the continued
88 development of a prevention plan and program. The agency shall
89 identify, through demonstration projects, through program
90 evaluation, and through monitoring of programs and projects
91 conducted outside of the agency, any medical, social, economic,
92 or educational methods, techniques, or procedures that have the
93 potential to effectively ameliorate, correct, or cure
94 developmental disabilities. The agency shall determine the costs
95 and benefits that would be associated with such prevention
96 efforts and shall implement, or recommend the implementation of,
97 those methods, techniques, or procedures which are found likely
98 to be cost-beneficial.
99 (2) Prevention Services provided by the agency must shall
100 include services to high-risk children from 3 to 5 years of age,
101 and their families, to meet the intent of chapter 411. Except
102 for services for children from birth to age 3 years which are
103 the responsibility of the Division of Children’s Medical
104 Services in the Department of Health or part H of the
105 Individuals with Disabilities Education Act, such services may
106 include:
107 (a) Individual evaluations or assessments necessary to
108 diagnose a developmental disability or high-risk condition and
109 to determine appropriate, individual family and support
110 services.
111 (b) Early intervention services, including developmental
112 training and specialized therapies.
113 (c) Support services, such as respite care, parent
114 education and training, parent-to-parent counseling, homemaker
115 services, and other services which allow families to maintain
116 and provide quality care to children in their homes.
117 (3) Other agencies of state government shall cooperate with
118 and assist the agency, within available resources, in
119 implementing programs which have the potential to prevent, or
120 reduce the severity of, developmental disabilities and shall
121 consider the findings and recommendations of the agency in
122 developing and implementing agency programs and formulating
123 agency budget requests.
124 (4) There is created at the developmental disabilities
125 center in Gainesville a research and education unit. Such unit
126 shall be named the Raymond C. Philips Research and Education
127 Unit. The functions of such unit shall include:
128 (a) Research into the etiology of developmental
129 disabilities.
130 (b) Ensuring that new knowledge is rapidly disseminated
131 throughout the agency.
132 (c) Diagnosis of unusual conditions and syndromes
133 associated with developmental disabilities in clients identified
134 throughout developmental disabilities programs.
135 (d) Evaluation of families of clients with developmental
136 disabilities of genetic origin in order to provide them with
137 genetic counseling aimed at preventing the recurrence of the
138 disorder in other family members.
139 (e) Ensuring that health professionals in the developmental
140 disabilities center at Gainesville have access to information
141 systems that will allow them to remain updated on newer
142 knowledge and maintain their postgraduate education standards.
143 (f) Enhancing staff training for professionals throughout
144 the agency in the areas of genetics and developmental
145 disabilities.
146 Section 2. Subsection (1) and paragraph (d) of subsection
147 (5) of section 393.065, Florida Statutes, are amended to read:
148 393.065 Application and eligibility determination.—
149 (1)(a) The agency shall develop and implement an online
150 application process that, at a minimum, supports paperless,
151 electronic application submissions with immediate e-mail
152 confirmation to each applicant to acknowledge receipt of
153 application upon submission. The online application system must
154 allow an applicant to review the status of a submitted
155 application and respond to provide additional information.
156 (b) The agency shall maintain access to a printable paper
157 application on its website and, upon request, must provide an
158 applicant with a printed paper application. Paper applications
159 may Application for services shall be submitted made in writing
160 to the agency, in the region in which the applicant resides,
161 sent to a central or regional address through regular United
162 States mail, or faxed to a central or regional confidential fax
163 number. The agency shall acknowledge receipt of all applications
164 it receives, regardless of the manner of submission, with an
165 immediate receipt confirmation provided in the same manner in
166 which the application was received, unless the applicant has
167 designated an alternative preferred method of communication on
168 the submitted application.
169 (c) The agency must shall review each submitted application
170 in accordance with federal time standards and make an
171 eligibility determination within 60 days after receipt of the
172 signed application. If, at the time of the application, an
173 applicant is requesting enrollment in the home and community
174 based services Medicaid waiver program for individuals with
175 developmental disabilities deemed to be in crisis, as described
176 in paragraph (5)(a), the agency shall complete an eligibility
177 determination within 45 days after receipt of the signed
178 application.
179 1.(a) If the agency determines additional documentation is
180 necessary to make an eligibility determination, the agency may
181 request the additional documentation from the applicant.
182 2.(b) When necessary to definitively identify individual
183 conditions or needs, the agency or its designee must provide a
184 comprehensive assessment.
185 (c) If the agency requests additional documentation from
186 the applicant or provides or arranges for a comprehensive
187 assessment, the agency’s eligibility determination must be
188 completed within 90 days after receipt of the signed
189 application.
190 (d)1. For purposes of this paragraph, the term “complete
191 application” means an application submitted to the agency which
192 is signed and dated by the applicant or an individual with legal
193 authority to apply for public benefits on behalf of the
194 applicant, is responsive on all parts of the application, and
195 contains documentation of a diagnosis.
196 2. If the applicant requesting enrollment in the home and
197 community-based services Medicaid waiver program for individuals
198 with developmental disabilities is deemed to be in crisis as
199 described in paragraph (5)(a), the agency must make an
200 eligibility determination within 15 calendar days after receipt
201 of a complete application.
202 3. If the applicant meets the criteria specified in
203 paragraph (5)(b), the agency must review and make an eligibility
204 determination as soon as practicable after receipt of a complete
205 application.
206 4. If the application meets any of the criteria specified
207 in paragraphs (5)(c)-(g), the agency must make an eligibility
208 determination within 60 days after receipt of a complete
209 application.
210 (e) Any delays in the eligibility determination process, or
211 any tolling of the time standard until certain information or
212 actions have been completed, must be conveyed to the client as
213 soon as such delays are known through verbal contact with the
214 client or the client’s designated caregiver and confirmed by a
215 written notice of the delay, the anticipated length of delay,
216 and a contact person for the client.
217 (5) Except as provided in subsections (6) and (7), if a
218 client seeking enrollment in the developmental disabilities home
219 and community-based services Medicaid waiver program meets the
220 level of care requirement for an intermediate care facility for
221 individuals with intellectual disabilities pursuant to 42 C.F.R.
222 ss. 435.217(b)(1) and 440.150, the agency must assign the client
223 to an appropriate preenrollment category pursuant to this
224 subsection and must provide priority to clients waiting for
225 waiver services in the following order:
226 (d) Category 4, which includes, but is not required to be
227 limited to, clients whose caregivers are 60 70 years of age or
228 older and for whom a caregiver is required but no alternate
229 caregiver is available.
230
231 Within preenrollment categories 3, 4, 5, 6, and 7, the agency
232 shall prioritize clients in the order of the date that the
233 client is determined eligible for waiver services.
234 Section 3. Section 393.0651, Florida Statutes, is amended
235 to read:
236 393.0651 Family or individual support plan.—The agency
237 shall provide directly or contract for the development of a
238 family support plan for children ages 3 to 18 years of age and
239 an individual support plan for each client served by the home
240 and community-based services Medicaid waiver program under s.
241 393.0662. The client, if competent, the client’s parent or
242 guardian, or, when appropriate, the client advocate, shall be
243 consulted in the development of the plan and shall receive a
244 copy of the plan. Each plan must include the most appropriate,
245 least restrictive, and most cost-beneficial environment for
246 accomplishment of the objectives for client progress and a
247 specification of all services authorized. The plan must include
248 provisions for the most appropriate level of care for the
249 client. Within the specification of needs and services for each
250 client, when residential care is necessary, the agency shall
251 move toward placement of clients in residential facilities based
252 within the client’s community. The ultimate goal of each plan,
253 whenever possible, shall be to enable the client to live a
254 dignified life in the least restrictive setting, be that in the
255 home or in the community. The family or individual support plan
256 must be developed within 60 calendar days after the agency
257 determines the client eligible pursuant to s. 393.065(3).
258 (1) The agency shall develop and specify by rule the core
259 components of support plans.
260 (2) The family or individual support plan shall be
261 integrated with the individual education plan (IEP) for all
262 clients who are public school students entitled to a free
263 appropriate public education under the Individuals with
264 Disabilities Education Act, I.D.E.A., as amended. The family or
265 individual support plan and IEP must be implemented to maximize
266 the attainment of educational and habilitation goals.
267 (a) If the IEP for a student enrolled in a public school
268 program indicates placement in a public or private residential
269 program is necessary to provide special education and related
270 services to a client, the local education agency must provide
271 for the costs of that service in accordance with the
272 requirements of the Individuals with Disabilities Education Act,
273 I.D.E.A., as amended. This does not preclude local education
274 agencies and the agency from sharing the residential service
275 costs of students who are clients and require residential
276 placement.
277 (b) For clients who are entering or exiting the school
278 system, an interdepartmental staffing team composed of
279 representatives of the agency and the local school system shall
280 develop a written transitional living and training plan with the
281 participation of the client or with the parent or guardian of
282 the client, or the client advocate, as appropriate.
283 (3) Each family or individual support plan shall be
284 facilitated through case management designed solely to advance
285 the individual needs of the client.
286 (4) In the development of the family or individual support
287 plan, a client advocate may be appointed by the support planning
288 team for a client who is a minor or for a client who is not
289 capable of express and informed consent when:
290 (a) The parent or guardian cannot be identified;
291 (b) The whereabouts of the parent or guardian cannot be
292 discovered; or
293 (c) The state is the only legal representative of the
294 client.
295
296 Such appointment may not be construed to extend the powers of
297 the client advocate to include any of those powers delegated by
298 law to a legal guardian.
299 (5) The agency shall place a client in the most appropriate
300 and least restrictive, and cost-beneficial, residential facility
301 according to his or her individual support plan. The client, if
302 competent, the client’s parent or guardian, or, when
303 appropriate, the client advocate, and the administrator of the
304 facility to which placement is proposed shall be consulted in
305 determining the appropriate placement for the client.
306 Considerations for placement shall be made in the following
307 order:
308 (a) Client’s own home or the home of a family member or
309 direct service provider.
310 (b) Foster care facility.
311 (c) Group home facility.
312 (d) Intermediate care facility for the developmentally
313 disabled.
314 (e) Other facilities licensed by the agency which offer
315 special programs for people with developmental disabilities.
316 (f) Developmental disabilities center.
317 (6) In developing a client’s annual family or individual
318 support plan, the individual or family with the assistance of
319 the support planning team shall identify measurable objectives
320 for client progress and shall specify a time period expected for
321 achievement of each objective.
322 (7) The individual, family, and support coordinator shall
323 review progress in achieving the objectives specified in each
324 client’s family or individual support plan, and shall revise the
325 plan annually, following consultation with the client, if
326 competent, or with the parent or guardian of the client, or,
327 when appropriate, the client advocate. The agency or designated
328 contractor shall annually report in writing to the client, if
329 competent, or to the parent or guardian of the client, or to the
330 client advocate, when appropriate, with respect to the client’s
331 habilitative and medical progress.
332 (8) Any client, or any parent of a minor client, or
333 guardian, authorized guardian advocate, or client advocate for a
334 client, who is substantially affected by the client’s initial
335 family or individual support plan, or the annual review thereof,
336 shall have the right to file a notice to challenge the decision
337 pursuant to ss. 120.569 and 120.57. Notice of such right to
338 appeal shall be included in all support plans provided by the
339 agency.
340 (9) When developing or reviewing a client’s family or
341 individual support plan, the waiver support coordinator shall
342 inform the client, the client’s parent or guardian, or, when
343 appropriate, the client advocate about the consumer-directed
344 care program established under s. 409.221.
345 Section 4. Type two transfer from the Department of
346 Commerce.—All powers, duties, functions, records, offices,
347 personnel, associated administrative support positions,
348 property, pending issues, existing contracts, administrative
349 authority, administrative rules, and unexpended balances of
350 appropriations, allocations, and any other funds relating to the
351 Florida Unique Abilities Partner Program are transferred by a
352 type two transfer, as described in s. 20.06(2), Florida
353 Statutes, from the Department of Commerce to the Agency for
354 Persons with Disabilities.
355 Section 5. Paragraph (c) of subsection (10) of section
356 20.60, Florida Statutes, is amended to read:
357 20.60 Department of Commerce; creation; powers and duties.—
358 (10) The department shall, by November 1 of each year,
359 submit an annual report to the Governor, the President of the
360 Senate, and the Speaker of the House of Representatives on the
361 condition of the business climate and economic development in
362 the state.
363 (c) The report must incorporate annual reports of other
364 programs, including:
365 1. A detailed report of the performance of the Black
366 Business Loan Program and a cumulative summary of quarterly
367 report data required under s. 288.714.
368 2. The Rural Economic Development Initiative established
369 under s. 288.0656.
370 3. The Florida Unique Abilities Partner Program.
371 4. A detailed report of the performance of the Florida
372 Development Finance Corporation and a summary of the
373 corporation’s report required under s. 288.9610.
374 4.5. Information provided by Space Florida under s.
375 331.3051 and an analysis of the activities and accomplishments
376 of Space Florida.
377 Section 6. Section 413.801, Florida Statutes, is amended to
378 read:
379 413.801 Florida Unique Abilities Partner Program.—
380 (1) CREATION AND PURPOSE.—The Agency for Persons with
381 Disabilities Department of Economic Opportunity shall establish
382 the Florida Unique Abilities Partner Program to designate a
383 business entity as a Florida Unique Abilities Partner if the
384 business entity demonstrates commitment, through employment or
385 support, to the independence of individuals who have a
386 disability. The agency department shall consult with the
387 Department of Commerce Agency for Persons with Disabilities, the
388 Division of Vocational Rehabilitation of the Department of
389 Education, the Division of Blind Services of the Department of
390 Education, and CareerSource Florida, Inc., in creating the
391 program.
392 (2) DEFINITIONS.—As used in this section, the term:
393 (a) “Agency Department” means the Agency for Persons with
394 Disabilities Department of Economic Opportunity.
395 (b) “Individuals who have a disability” means persons who
396 have a physical or intellectual impairment that substantially
397 limits one or more major life activities, persons who have a
398 history or record of such an impairment, or persons who are
399 perceived by others as having such an impairment.
400 (3) DESIGNATION.—
401 (a) A business entity may apply to the agency department to
402 be designated as a Florida Unique Abilities Partner, based on
403 the business entity’s achievements in at least one of the
404 following categories:
405 1. Employment of individuals who have a disability.
406 2. Contributions to local or national disability
407 organizations.
408 3. Contributions to, or the establishment of, a program
409 that contributes to the independence of individuals who have a
410 disability.
411 (b) As an alternative to application by a business entity,
412 the agency department must consider nominations from members of
413 the community where the business entity is located. The
414 nomination must identify the business entity’s achievements in
415 at least one of the categories provided in paragraph (a).
416 (c) The name, location, and contact information of the
417 business entity must be included in the business entity’s
418 application or nomination.
419 (d) The agency department shall adopt procedures for the
420 application, nomination, and designation processes for the
421 Florida Unique Abilities Partner Program. Designation as a
422 Florida Unique Abilities Partner does not establish or involve
423 licensure, does not affect the substantial interests of a party,
424 and does not constitute a final agency action. The Florida
425 Unique Abilities Partner Program and designation are not subject
426 to chapter 120.
427 (4) ELIGIBILITY AND AWARD.—In determining the eligibility
428 for the designation of a business entity as a Florida Unique
429 Abilities Partner, the agency department shall consider, at a
430 minimum, the following criteria:
431 (a) For a designation based on an application by a business
432 entity, the business entity must certify that:
433 1. It employs at least one individual who has a disability.
434 Such employees must be residents of this state and must have
435 been employed by the business entity for at least 9 months
436 before the business entity’s application for the designation.
437 The agency department may not require the employer to provide
438 personally identifiable information about its employees;
439 2. It has made contributions to local and national
440 disability organizations or contributions in support of
441 individuals who have a disability. Contributions may be
442 accomplished through financial or in-kind contributions,
443 including employee volunteer hours. Contributions must be
444 documented by providing copies of written receipts or letters of
445 acknowledgment from recipients or donees. A business entity with
446 100 or fewer employees must make a financial or in-kind
447 contribution of at least $1,000, and a business entity with more
448 than 100 employees must make a financial or in-kind contribution
449 of at least $5,000; or
450 3. It has established, or has contributed to the
451 establishment of, a program that contributes to the independence
452 of individuals who have a disability. Contributions must be
453 documented by providing copies of written receipts, a summary of
454 the program, program materials, or letters of acknowledgment
455 from program participants or volunteers. A business entity with
456 100 or fewer employees must make a financial or in-kind
457 contribution of at least $1,000 in the program, and a business
458 entity with more than 100 employees must make a financial or in
459 kind contribution of at least $5,000.
460
461 A business entity that applies to the agency department to be
462 designated as a Florida Unique Abilities Partner shall be
463 awarded the designation upon meeting the requirements of this
464 section.
465 (b) For a designation based upon receipt of a nomination of
466 a business entity:
467 1. The agency department shall determine whether the
468 nominee, based on the information provided by the nominating
469 person or entity, meets the requirements of paragraph (a). The
470 agency department may request additional information from the
471 nominee.
472 2. If the nominee meets the requirements, the agency
473 department shall provide notice, including the qualification
474 criteria provided in the nomination, to the nominee regarding
475 the nominee’s eligibility to be awarded a designation as a
476 Florida Unique Abilities Partner.
477 3. The nominee shall be provided 30 days after receipt of
478 the notice to certify that the information in the notice is true
479 and accurate and accept the nomination, to provide corrected
480 information for consideration by the agency department and
481 indicate an intention to accept the nomination, or to decline
482 the nomination. If the nominee accepts the nomination, the
483 agency department shall award the designation. The agency
484 department may not award the designation if the nominee declines
485 the nomination or has not accepted the nomination within 30 days
486 after receiving notice.
487 (5) ANNUAL CERTIFICATION.—After an initial designation as a
488 Florida Unique Abilities Partner, a business entity must certify
489 each year that it continues to meet the criteria for the
490 designation. If the business entity does not submit the yearly
491 certification of continued eligibility, the agency department
492 shall remove the designation. The business entity may elect to
493 discontinue its designation status at any time by notifying the
494 agency department of such decision.
495 (6) LOGO DEVELOPMENT.—
496 (a) The agency department, in consultation with members of
497 the disability community, shall develop a logo that identifies a
498 business entity that is designated as a Florida Unique Abilities
499 Partner.
500 (b) The agency department shall adopt guidelines and
501 requirements for the use of the logo, including how the logo may
502 be used in advertising. The agency department may allow a
503 business entity to display a Florida Unique Abilities Partner
504 logo upon designation. A business entity that has not been
505 designated as a Florida Unique Abilities Partner or has elected
506 to discontinue its designated status may not display the logo.
507 (7) WEBSITE.—The agency department shall maintain a website
508 for the program. At a minimum, the website must provide a list
509 of business entities, by county, which currently have the
510 Florida Unique Abilities Partner designation, updated quarterly;
511 information regarding the eligibility requirements for the
512 designation and the method of application or nomination; and
513 best practices for business entities to facilitate the inclusion
514 of individuals who have a disability, updated annually. The
515 website may provide links to the websites of organizations or
516 other resources that will aid business entities to employ or
517 support individuals who have a disability.
518 (8) INTERAGENCY COLLABORATION.—
519 (a) The Department of Commerce Agency for Persons with
520 Disabilities shall provide a link on its website to the agency’s
521 department’s website for the Florida Unique Abilities Partner
522 Program.
523 (b) On a quarterly basis, the agency department shall
524 provide the Florida Tourism Industry Marketing Corporation with
525 a current list of all businesses that are designated as Florida
526 Unique Abilities Partners. The Florida Tourism Industry
527 Marketing Corporation must consider the Florida Unique Abilities
528 Partner Program in the development of marketing campaigns, and
529 specifically in any targeted marketing campaign for individuals
530 who have a disability or their families.
531 (c) The agency department and CareerSource Florida, Inc.,
532 shall identify employment opportunities posted by business
533 entities that currently have the Florida Unique Abilities
534 Partner designation in the workforce information system under s.
535 445.011.
536 (9) REPORT.—
537 (a) By January 1, 2025, and annually thereafter 2017, the
538 agency department shall provide a report on the progress and use
539 of the program to the President of the Senate and the Speaker of
540 the House of Representatives on the status of the implementation
541 of this section, including the adoption of rules, development of
542 the logo, and development of application procedures.
543 (b) Beginning in 2017 and each year thereafter, the
544 department’s annual report required under s. 20.60 must describe
545 in detail the progress and use of the program. At a minimum, the
546 report must include, for the most recent year, all of the
547 following:
548 (a) The number of applications and nominations received.;
549 (b) The number of nominations accepted and declined.;
550 (c) The number of designations awarded.;
551 (d) Annual certifications.;
552 (e) The use of information provided under subsection (8).;
553 and
554 (f) Any other information the agency deems deemed necessary
555 to evaluate the program.
556 (10) RULES.—The agency department shall adopt rules to
557 administer this section.
558 Section 7. For the 2024-2025 fiscal year, the sums of
559 $16,562,703 in recurring funds from the General Revenue Fund and
560 $22,289,520 in recurring funds from the Operations and
561 Maintenance Trust Fund are appropriated in the Home and
562 Community Based Services Waiver category to the Agency for
563 Persons with Disabilities to offer waiver services to the
564 greatest number of individuals permissible under the
565 appropriation from preenrollment categories 3, 4, and 5,
566 including individuals whose caregiver is age 60 or older in
567 category 4, as provided in s. 393.065, Florida Statutes, as
568 amended by this act.
569 Section 8. The Agency for Health Care Administration and
570 the Agency for Persons with Disabilities, in consultation with
571 other stakeholders, shall jointly develop a comprehensive plan
572 for the administration, finance, and delivery of home and
573 community-based services through a new home and community-based
574 services Medicaid waiver program. The waiver program shall be
575 for clients transitioning into adulthood and shall be designed
576 to prevent future crisis enrollment into the waiver program
577 authorized under s. 393.0662, Florida Statutes. The Agency for
578 Health Care Administration is authorized to contract with
579 necessary experts, in consultation with the Agency for Persons
580 with Disabilities, to assist in developing the plan. The Agency
581 for Persons with Disabilities, in consultation with the Agency
582 for Health Care Administration, must submit a report to the
583 Governor, the President of the Senate, and the Speaker of the
584 House of Representatives by December 1, 2024, addressing, at a
585 minimum, all of the following:
586 (1) The purpose, rationale, and expected benefits of the
587 new waiver program.
588 (2) The proposed eligibility criteria for clients and
589 service packages to be offered through the new waiver program.
590 (3) A proposed implementation plan and timeline, including
591 recommendations for the number of clients to be served by the
592 new waiver program at initial implementation, changes over time,
593 and any per-client benefit caps.
594 (4) Proposals for how clients will transition onto and off
595 of the new waiver, including, but not limited to, transitions
596 between this new waiver and the waiver established under s.
597 393.0662, Florida Statutes.
598 (5) The fiscal impact for the implementation year and
599 projections for the subsequent 5 years, determined on an
600 actuarially sound basis.
601 (6) An analysis of the availability of services that would
602 be offered under the new waiver program and recommendations to
603 increase availability of such services, if necessary.
604 (7) A list of all stakeholders, public and private, who
605 were consulted or contacted as part of developing the plan for
606 the new waiver program.
607 Section 9. This act shall take effect July 1, 2024.
