Florida 2024 Regular Session

Florida House Bill H1047 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to home and community -based services 2
1616 Medicaid waiver program; amending s. 393.065, F.S.; 3
1717 requiring the Agency for Persons with Disabilities to 4
1818 develop and implement an automated, electronic 5
1919 application process for specified services; providing 6
2020 requirements for the application process; requiring 7
2121 the agency to provide an application in a printed form 8
2222 or a portable document format under certain 9
2323 circumstances; requiring the agency to make an 10
2424 eligibility determination in a specified amount of 11
2525 time for certain persons; authorizing the agency to 12
2626 request additional documentation under certain 13
2727 circumstances; providing requirements for such 14
2828 request; requiring rulemaking; amending s. 393.0662, 15
2929 F.S.; providing requirements for the Agency for Health 16
3030 Care Administration when a client's iBudget is 17
3131 established; requiring the agency within a specified 18
3232 time period to ensure certain services that a client 19
3333 has applied for have begun; requiring rulemaking; 20
3434 amending ss. 393.0651, 409.9127, and s. 409.9855, 21
3535 F.S.; conforming provisions to changes made by the 22
3636 act; providing an effective date. 23
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3838 Be It Enacted by the Legislature of the State of Florida: 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5252 Section 1. Subsections (1) through (12) of section 27
5353 393.065, Florida Statutes, are renumbered as subsections (2) 28
5454 through (13), respectively, present subsections (1), (5), (6), 29
5555 and (7), paragraph (a) of present subsection (8), and present 30
5656 subsections (11) and (12) are ame nded, and a new subsection (1) 31
5757 is added to that section, to read: 32
5858 393.065 Application and eligibility determination. — 33
5959 (1) As part of the agency's website, the agency shall 34
6060 develop and implement an automated, electronic application 35
6161 process. The applicat ion process shall, at a minimum, support: 36
6262 (a) Electronic submissions. 37
6363 (b) Automatic processing of each application. 38
6464 (c) Immediate automatic e -mail confirmation to each 39
6565 applicant with proof of filing along with a date and time stamp. 40
6666 (d) Upon request, if the applicant does not have access to 41
6767 electronic resources, the agency providing the applicant with 42
6868 the application in printed form or in a portable document 43
6969 format. 44
7070 (2)(1) Application for services shall be made in writing to 45
7171 the agency, in the regi on in which the applicant resides. The 46
7272 agency shall review each application and make an eligibility 47
7373 determination within 60 days after receipt of the signed 48
7474 application. If, at the time of the application, an applicant is 49
7575 requesting enrollment in the home and community-based services 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 Medicaid waiver program for individuals with developmental 51
8989 disabilities deemed to be in crisis, as described in paragraph 52
9090 (6)(a) (5)(a), the agency shall complete an eligibility 53
9191 determination within 45 days after receipt of the signed 54
9292 application. 55
9393 (a) If the agency determines additional documentation is 56
9494 necessary to make an eligibility determination, the agency may 57
9595 request the additional documentation from the applicant. 58
9696 (b) When necessary to definitively identify individual 59
9797 conditions or needs, the agency or its designee must provide a 60
9898 comprehensive assessment. 61
9999 (c) If the agency requests additional documentation from 62
100100 the applicant or provides or arranges for a comprehensive 63
101101 assessment, the agency's eligibility determinatio n must be 64
102102 completed within 90 days after receipt of the signed 65
103103 application. 66
104104 (d) If the applicant meets the criteria in paragraph 67
105105 (7)(b), such applicant shall be deemed in crisis and the 68
106106 following shall be required, regardless of age: 69
107107 1. The agency shall review each application and make an 70
108108 eligibility determination within 5 business days after receipt 71
109109 of the signed application. 72
110110 2. If, at the time of the application, the applicant is 73
111111 requesting enrollment in the home and community -based services 74
112112 Medicaid waiver program for individuals with developmental 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 disabilities deemed to be in crisis, as described in paragraph 76
126126 (7)(a), the agency shall complete an eligibility determination 77
127127 within 15 calendar days after receipt of the signed application. 78
128128 3. If the agency determines additional documentation is 79
129129 necessary to make an eligibility determination, the agency may 80
130130 request additional documentation from the applicant, but such 81
131131 agency request may not prevent or delay services to the 82
132132 applicant. When necessa ry to definitively identify individual 83
133133 conditions or needs, the agency or its designee must provide a 84
134134 comprehensive assessment. 85
135135 4. If the agency requests additional documentation from 86
136136 the applicant or provides or arranges for a comprehensive 87
137137 assessment, the agency's eligibility determination must be 88
138138 completed within 60 calendar days after receipt of the signed 89
139139 application. 90
140140 (6)(5) Except as provided in subsections (7) and (8) (6) 91
141141 and (7), if a client seeking enrollment in the developmental 92
142142 disabilities home and community-based services Medicaid waiver 93
143143 program meets the level of care requirement for an intermediate 94
144144 care facility for individuals with intellectual disabilities 95
145145 pursuant to 42 C.F.R. ss. 435.217(b)(1) and 440.150, the agency 96
146146 must assign the client to an appropriate preenrollment category 97
147147 pursuant to this subsection and must provide priority to clients 98
148148 waiting for waiver services in the following order: 99
149149 (a) Category 1, which includes clients deemed to be in 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 crisis as described in rule, must be given first priority in 101
163163 moving from the preenrollment categories to the waiver. 102
164164 (b) Category 2, which includes clients in the 103
165165 preenrollment categories who are: 104
166166 1. From the child welfare system with an open case in the 105
167167 Department of Children and Famili es' statewide automated child 106
168168 welfare information system and who are either: 107
169169 a. Transitioning out of the child welfare system into 108
170170 permanency; or 109
171171 b. At least 18 years but not yet 22 years of age and who 110
172172 need both waiver services and extended foster car e services; or 111
173173 2. At least 18 years but not yet 22 years of age and who 112
174174 withdrew consent pursuant to s. 39.6251(5)(c) to remain in the 113
175175 extended foster care system. 114
176176 For individuals who are at least 18 years but not yet 22 years 115
177177 of age and who are eligible under sub-subparagraph 1.b., the 116
178178 agency must provide waiver services, including residential 117
179179 habilitation, and the community -based care lead agency must fund 118
180180 room and board at the rate established in s. 409.145(3) and 119
181181 provide case management and related se rvices as defined in s. 120
182182 409.986(3)(e). Individuals may receive both waiver services and 121
183183 services under s. 39.6251. Services may not duplicate services 122
184184 available through the Medicaid state plan. 123
185185 (c) Category 3, which includes, but is not required to be 124
186186 limited to, clients: 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 1. Whose caregiver has a documented condition that is 126
200200 expected to render the caregiver unable to provide care within 127
201201 the next 12 months and for whom a caregiver is required but no 128
202202 alternate caregiver is available; 129
203203 2. At substantial r isk of incarceration or court 130
204204 commitment without supports; 131
205205 3. Whose documented behaviors or physical needs place them 132
206206 or their caregiver at risk of serious harm and other supports 133
207207 are not currently available to alleviate the situation; or 134
208208 4. Who are identified as ready for discharge within the 135
209209 next year from a state mental health hospital or skilled nursing 136
210210 facility and who require a caregiver but for whom no caregiver 137
211211 is available or whose caregiver is unable to provide the care 138
212212 needed. 139
213213 (d) Category 4, which includes, but is not required to be 140
214214 limited to, clients whose caregivers are 70 years of age or 141
215215 older and for whom a caregiver is required but no alternate 142
216216 caregiver is available. 143
217217 (e) Category 5, which includes, but is not required to be 144
218218 limited to, clients who are expected to graduate within the next 145
219219 12 months from secondary school and need support to obtain a 146
220220 meaningful day activity, maintain competitive employment, or 147
221221 pursue an accredited program of postsecondary education to which 148
222222 they have been accepted. 149
223223 (f) Category 6, which includes clients 21 years of age or 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 older who do not meet the criteria for category 1, category 2, 151
237237 category 3, category 4, or category 5. 152
238238 (g) Category 7, which includes clients younger than 21 153
239239 years of age who do not meet the criteria for category 1, 154
240240 category 2, category 3, or category 4. 155
241241 Within preenrollment categories 3, 4, 5, 6, and 7, the agency 156
242242 shall prioritize clients in the order of the date that the 157
243243 client is determined eligible for waiver services. 158
244244 (7)(6) The agency must allow an individual who meets the 159
245245 eligibility requirements of subsection (3) (2) to receive home 160
246246 and community-based services in this state if the individual's 161
247247 parent or legal guardian is an active -duty military 162
248248 servicemember and if, at the time of the servicemember's 163
249249 transfer to this state, the individual was receiving home and 164
250250 community-based services in another state. 165
251251 (8)(7) The agency must allow an individual with a 166
252252 diagnosis of Phelan-McDermid syndrome who meets the eligibility 167
253253 requirements of subsection (3) (2) to receive home and 168
254254 community-based services. 169
255255 (9)(8) Only a client may be eligible for services under 170
256256 the developmental disabilities home and community -based services 171
257257 Medicaid waiver program. For a client to receive services u nder 172
258258 the developmental disabilities home and community -based services 173
259259 Medicaid waiver program, there must be available funding 174
260260 pursuant to s. 393.0662 or through a legislative appropriation 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 and the client must meet all of the following: 176
274274 (a) The eligibility requirements of subsection (3) (2), 177
275275 which must be confirmed by the agency. 178
276276 (12)(a)(11)(a) The agency must provide the following 179
277277 information to all applicants or their parents, legal guardians, 180
278278 or family members: 181
279279 1. A brief overview of the vocational rehabilitation 182
280280 services offered through the Division of Vocational 183
281281 Rehabilitation of the Department of Education, including a 184
282282 hyperlink or website address that provides access to the 185
283283 application for such services; 186
284284 2. A brief overview of the Florida ABLE program as 187
285285 established under s. 1009.986, including a hyperlink or website 188
286286 address that provides access to the application for establishing 189
287287 an ABLE account as defined in s. 1009.986(2); 190
288288 3. A brief overview of the supplemental security income 191
289289 benefits and social security disability income benefits 192
290290 available under Title XVI of the Social Security Act, as 193
291291 amended, including a hyperlink or website address that provides 194
292292 access to the application for such benefits; 195
293293 4. A statement indicating that the applicant's local 196
294294 public school district may provide specialized instructional 197
295295 services, including transition programs, for students with 198
296296 special education needs; 199
297297 5. A brief overview of programs and services funded 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 through the Florida Center for Students with Unique Abilities, 201
311311 including contact information for each state -approved Florida 202
312312 Postsecondary Comprehensive Transition Program; 203
313313 6. A brief overview of decisionmaking options for 204
314314 individuals with disabilities, gua rdianship under chapter 744, 205
315315 and alternatives to guardianship as defined in s. 744.334(1), 206
316316 which may include contact information for organizations that the 207
317317 agency believes would be helpful in assisting with such 208
318318 decisions; 209
319319 7. A brief overview of the refe rral tools made available 210
320320 through the agency, including a hyperlink or website address 211
321321 that provides access to such tools; and 212
322322 8. A statement indicating that some waiver providers may 213
323323 serve private-pay individuals. 214
324324 (b) The agency must provide the infor mation required in 215
325325 paragraph (a) in writing to an applicant or his or her parent, 216
326326 legal guardian, or family member along with a written disclosure 217
327327 statement in substantially the following form: 218
328328 219
329329 DISCLOSURE STATEMENT 220
330330 Each program and service has its own el igibility 221
331331 requirements. By providing the information specified in 222
332332 section 393.065(12)(a) 393.065(11)(a), Florida Statutes, 223
333333 the agency does not guarantee an applicant's eligibility 224
334334 for or enrollment in any program or service. 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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348348 (c) The agency must also pub lish the information required 227
349349 in paragraph (a) and the disclosure statement in paragraph (b) 228
350350 on its website, and must provide that information and statement 229
351351 annually to each client placed in the preenrollment categories 230
352352 or to the parent, legal guardian, or family member of such 231
353353 client. 232
354354 (13)(12) The agency and the Agency for Health Care 233
355355 Administration: 234
356356 (a) May adopt rules specifying application procedures, 235
357357 criteria associated with the preenrollment categories, 236
358358 procedures for administering the preenrollme nt, including tools 237
359359 for prioritizing waiver enrollment within preenrollment 238
360360 categories, and eligibility requirements as needed to administer 239
361361 this section. 240
362362 (b) By September 29, 2024, adopt rules and implement 241
363363 policies to maintain compliance with paragraph (2)(d). 242
364364 Section 2. Subsections (2) and (15) of section 393.0662, 243
365365 Florida Statutes, are amended to read: 244
366366 393.0662 Individual budgets for delivery of home and 245
367367 community-based services; iBudget system established. —The 246
368368 Legislature finds that improved fi nancial management of the 247
369369 existing home and community -based Medicaid waiver program is 248
370370 necessary to avoid deficits that impede the provision of 249
371371 services to individuals who are on the waiting list for 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 enrollment in the program. The Legislature further finds that 251
385385 clients and their families should have greater flexibility to 252
386386 choose the services that best allow them to live in their 253
387387 community within the limits of an established budget. Therefore, 254
388388 the Legislature intends that the agency, in consultation with 255
389389 the Agency for Health Care Administration, shall manage the 256
390390 service delivery system using individual budgets as the basis 257
391391 for allocating the funds appropriated for the home and 258
392392 community-based services Medicaid waiver program among eligible 259
393393 enrolled clients. The service delivery system that uses 260
394394 individual budgets shall be called the iBudget system. 261
395395 (2) The Agency for Health Care Administration, in 262
396396 consultation with the agency, shall : 263
397397 (a) Seek federal approval to amend current waivers, 264
398398 request a new waiver , and amend contracts as necessary to manage 265
399399 the iBudget system, improve services for eligible and enrolled 266
400400 clients, and improve the delivery of services through the home 267
401401 and community-based services Medicaid waiver program and the 268
402402 Consumer-Directed Care Plus Program, including, but not limited 269
403403 to, enrollees with a dual diagnosis of a developmental 270
404404 disability and a mental health disorder. 271
405405 (b) At the time a client's iBudget is established: 272
406406 1. Educate the client or the caregiver of the client 273
407407 regarding the Consumer-Directed Care Plus Program. 274
408408 2. Provide each client the opportunity to apply for the 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421421 Consumer-Directed Care Plus Program. 276
422422 (c) The agency shall, within 14 calendar days after the 277
423423 time of a client's submission for Consumer -Directed Care Plus 278
424424 Program, ensure that the client's Consumer -Directed Care Plus 279
425425 Program services begin and the client is no longer required to 280
426426 go through iBudget. 281
427427 (15) The agency and the Agency for Health Care 282
428428 Administration: 283
429429 (a) May adopt rules specifying the allocatio n algorithm 284
430430 and methodology; criteria and processes for clients to access 285
431431 funds for services to meet significant additional needs; and 286
432432 processes and requirements for selection and review of services, 287
433433 development of support and cost plans, and management of the 288
434434 iBudget system as needed to administer this section. 289
435435 (b) By September 29, 2024, adopt rules and implement 290
436436 policies to maintain compliance with paragraph (2)(b). 291
437437 Section 3. Section 393.0651, Florida Statutes, is amended 292
438438 to read: 293
439439 393.0651 Family or individual support plan. —The agency 294
440440 shall provide directly or contract for the development of a 295
441441 family support plan for children ages 3 to 18 years of age and 296
442442 an individual support plan for each client. The client, if 297
443443 competent, the client's parent or guardian, or, when 298
444444 appropriate, the client advocate, shall be consulted in the 299
445445 development of the plan and shall receive a copy of the plan. 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458458 Each plan must include the most appropriate, least restrictive, 301
459459 and most cost-beneficial environment for accomplish ment of the 302
460460 objectives for client progress and a specification of all 303
461461 services authorized. The plan must include provisions for the 304
462462 most appropriate level of care for the client. Within the 305
463463 specification of needs and services for each client, when 306
464464 residential care is necessary, the agency shall move toward 307
465465 placement of clients in residential facilities based within the 308
466466 client's community. The ultimate goal of each plan, whenever 309
467467 possible, shall be to enable the client to live a dignified life 310
468468 in the least restrictive setting, be that in the home or in the 311
469469 community. The family or individual support plan must be 312
470470 developed within 60 days after the agency determines the client 313
471471 eligible pursuant to s. 393.065(4) s. 393.065(3). 314
472472 (1) The agency shall develop and specify by rule the core 315
473473 components of support plans. 316
474474 (2) The family or individual support plan shall be 317
475475 integrated with the individual education plan (IEP) for all 318
476476 clients who are public school students entitled to a fr ee 319
477477 appropriate public education under the Individuals with 320
478478 Disabilities Education Act, I.D.E.A., as amended. The family or 321
479479 individual support plan and IEP must be implemented to maximize 322
480480 the attainment of educational and habilitation goals. 323
481481 (a) If the IEP for a student enrolled in a public school 324
482482 program indicates placement in a public or private residential 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495495 program is necessary to provide special education and related 326
496496 services to a client, the local education agency must provide 327
497497 for the costs of that ser vice in accordance with the 328
498498 requirements of the Individuals with Disabilities Education Act, 329
499499 I.D.E.A., as amended. This does not preclude local education 330
500500 agencies and the agency from sharing the residential service 331
501501 costs of students who are clients and req uire residential 332
502502 placement. 333
503503 (b) For clients who are entering or exiting the school 334
504504 system, an interdepartmental staffing team composed of 335
505505 representatives of the agency and the local school system shall 336
506506 develop a written transitional living and training p lan with the 337
507507 participation of the client or with the parent or guardian of 338
508508 the client, or the client advocate, as appropriate. 339
509509 (3) Each family or individual support plan shall be 340
510510 facilitated through case management designed solely to advance 341
511511 the individual needs of the client. 342
512512 (4) In the development of the family or individual support 343
513513 plan, a client advocate may be appointed by the support planning 344
514514 team for a client who is a minor or for a client who is not 345
515515 capable of express and informed consent when: 346
516516 (a) The parent or guardian cannot be identified; 347
517517 (b) The whereabouts of the parent or guardian cannot be 348
518518 discovered; or 349
519519 (c) The state is the only legal representative of the 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532532 client. 351
533533 352
534534 Such appointment may not be construed to extend the powers of 353
535535 the client advocate to include any of those powers delegated by 354
536536 law to a legal guardian. 355
537537 (5) The agency shall place a client in the most 356
538538 appropriate and least restrictive, and cost -beneficial, 357
539539 residential facility according to his or her individual support 358
540540 plan. The client, if competent, the client's parent or guardian, 359
541541 or, when appropriate, the client advocate, and the administrator 360
542542 of the facility to which placement is proposed shall be 361
543543 consulted in determining the appropriate placement for the 362
544544 client. Considerations for placement shall be made in the 363
545545 following order: 364
546546 (a) Client's own home or the home of a family member or 365
547547 direct service provider. 366
548548 (b) Foster care facility. 367
549549 (c) Group home facility. 368
550550 (d) Intermediate care facility for the developmentally 369
551551 disabled. 370
552552 (e) Other facilities licensed by the agency which offer 371
553553 special programs for people with developmental disabilities. 372
554554 (f) Developmental disabilities center. 373
555555 (6) In developing a client's annual family or individual 374
556556 support plan, the individu al or family with the assistance of 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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569569 the support planning team shall identify measurable objectives 376
570570 for client progress and shall specify a time period expected for 377
571571 achievement of each objective. 378
572572 (7) The individual, family, and support coordinator shall 379
573573 review progress in achieving the objectives specified in each 380
574574 client's family or individual support plan, and shall revise the 381
575575 plan annually, following consultation with the client, if 382
576576 competent, or with the parent or guardian of the client, or, 383
577577 when appropriate, the client advocate. The agency or designated 384
578578 contractor shall annually report in writing to the client, if 385
579579 competent, or to the parent or guardian of the client, or to the 386
580580 client advocate, when appropriate, with respect to the client's 387
581581 habilitative and medical progress. 388
582582 (8) Any client, or any parent of a minor client, or 389
583583 guardian, authorized guardian advocate, or client advocate for a 390
584584 client, who is substantially affected by the client's initial 391
585585 family or individual support plan, or the annual rev iew thereof, 392
586586 shall have the right to file a notice to challenge the decision 393
587587 pursuant to ss. 120.569 and 120.57. Notice of such right to 394
588588 appeal shall be included in all support plans provided by the 395
589589 agency. 396
590590 Section 4. Subsection (3) of section 409.9127 , Florida 397
591591 Statutes, is amended to read: 398
592592 409.9127 Preauthorization and concurrent utilization 399
593593 review; conflict-of-interest standards.— 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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604604
605605
606606 (3) The agency shall help the Agency for Persons with 401
607607 Disabilities meet the requirements of s. 393.065(5) s. 402
608608 393.065(4). Only admissions approved pursuant to such 403
609609 assessments are eligible for reimbursement under this chapter. 404
610610 Section 5. Paragraphs (b) and (d) of subsection (2) of 405
611611 section 409.9855, Florida Statutes, are amended to read: 406
612612 409.9855 Pilot program for ind ividuals with developmental 407
613613 disabilities.— 408
614614 (2) ELIGIBILITY; VOLUNTARY ENROLLMENT; DISENROLLMENT. — 409
615615 (b) The Agency for Persons with Disabilities shall approve 410
616616 a needs assessment methodology to determine functional, 411
617617 behavioral, and physical needs of prosp ective enrollees. The 412
618618 assessment methodology may be administered by persons who have 413
619619 completed such training as may be offered by the agency. 414
620620 Eligibility to participate in the pilot program is determined 415
621621 based on all of the following criteria: 416
622622 1. Whether the individual is eligible for Medicaid. 417
623623 2. Whether the individual is 18 years of age or older and 418
624624 is on the waiting list for individual budget waiver services 419
625625 under chapter 393 and assigned to one of categories 1 through 6 420
626626 as specified in s. 393.065(6) s. 393.065(5). 421
627627 3. Whether the individual resides in a pilot program 422
628628 region. 423
629629 (d) Notwithstanding any provisions of s. 393.065 to the 424
630630 contrary, an enrollee must be afforded an opportunity to enroll 425
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632632 HB 1047 2024
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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643643 in any appropriate existing Medicaid waiver program if any of 426
644644 the following conditions occur: 427
645645 1. At any point during the operation of the pilot program, 428
646646 an enrollee declares an intent to voluntarily disenroll, 429
647647 provided that he or she has been covered for the entire previous 430
648648 plan year by the pilot program. 431
649649 2. The agency determines the enrollee has a good cause 432
650650 reason to disenroll. 433
651651 3. The pilot program ceases to operate. 434
652652 435
653653 Such enrollees must receive an individualized transition plan to 436
654654 assist him or her in accessing sufficient services and supports 437
655655 for the enrollee's safety, well -being, and continuity of care. 438
656656 Section 6. This act shall take effect July 1, 2024. 439