FL
Florida House Bill H1271

Florida 2024 Regular Session

Florida House Bill H1271 Compare Versions

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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 individuals with disabilities; 2
1616 amending s. 393.064, F.S.; requiring the Agency for 3
1717 Persons with Disabilities to offer voluntary 4
1818 participation care navigation services to certain 5
1919 persons under certain circumstances; providing goals 6
2020 and requirements for care navigation services; 7
2121 amending s. 393.065, F.S.; requiring the agency to 8
2222 develop and implement an electronic application 9
2323 process; requiring the agency to maintain a printable 10
2424 paper application on its website and, upon request, 11
2525 provide a printed paper application to an applicant; 12
2626 requiring the agency to provide applicants with 13
2727 specified information upon receipt of an application 14
2828 for services; defining the term "complete 15
2929 application"; revising timeframes within which the 16
3030 agency must make eligibility determinations for 17
3131 services; lowering the age that a caregiver must be 18
3232 for an individual to be placed in a certain 19
3333 preenrollment category ; amending s. 393.0651, F.S.; 20
3434 requiring the agency to provide an individual support 21
3535 plan for each client served by the home and community -22
3636 based services Medicaid waiver program; providing 23
3737 appropriations; requiring the Agency for Persons with 24
3838 Disabilities, in consultation with Agency for Health 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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5151 Care Administration, to jointly develop a 26
5252 comprehensive plan for the administration, finance, 27
5353 and delivery of home and community -based services 28
5454 through a new home and community -based services 29
5555 Medicaid waiver program; providing requirements for 30
5656 the waiver program; requiring the Agency for Health 31
5757 Care Administration to submit a specified report to 32
5858 the Governor, the President of the Senate, and the 33
5959 Speaker of the House of Representatives by a specified 34
60-date; requiring the agency to provide the option and 35
61-include functionality for electronic transmissions to 36
62-the iConnect system; prohibiting the agency from 37
63-requiring training on the use of its data management 38
64-system by certain persons or entities; requiring the 39
65-agency to provide enhanced technical assistance; 40
66-requiring the agency to submit a specified report to 41
67-the Governor, the Le gislature, and the appropriate 42
68-fiscal and policy committees by a specified date; 43
69-providing for a type two transfer of the Florida 44
70-Unique Abilities Partner Program from the Department 45
71-of Commerce to the Agency for Persons with 46
72-Disabilities; amending ss. 20. 60 and 413.801, F.S.; 47
73-conforming provisions to changes made by the act; 48
74-providing effective dates. 49
75- 50
60+date; providing an effective date. 35
61+ 36
62+Be It Enacted by the Legislature of the State of Florida: 37
63+ 38
64+ Section 1. Subsection (1) of section 393.064, Florida 39
65+Statutes, is amended to read: 40
66+ 393.064 Care navigation Prevention.— 41
67+ (1) Within available resources, the agency must offer to 42
68+clients and their caregivers, care navigation services for 43
69+voluntary participation at time of application and as part of 44
70+any eligibility or renewal review. The goals of care navigation 45
71+are to create a seamless network of community resources and 46
72+supports for the client and the client's family as a whole to 47
73+support a client in daily living, community integration, and 48
74+achievement of individual goals. Care navigation services shall 49
75+involve assessing client needs, developing care plans, and 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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88-Be It Enacted by the Legislature of the State of Florida: 51
89- 52
90- Section 1. Subsection (1) of section 393.064, Florida 53
91-Statutes, is amended to read: 54
92- 393.064 Care navigation Prevention.— 55
93- (1) Within available resources, the agency must offer to 56
94-clients and their caregivers, care navigation services for 57
95-voluntary participation at time of application and as part of 58
96-any eligibility or renewal review. The goa ls of care navigation 59
97-are to create a seamless network of community resources and 60
98-supports for the client and the client's family as a whole to 61
99-support a client in daily living, community integration, and 62
100-achievement of individual goals. Care navigation se rvices shall 63
101-involve assessing client needs, developing care plans, and 64
102-implementing care plans, including, but not limited to, 65
103-connecting a client to resources and supports. At a minimum, a 66
104-care plan shall address immediate, intermediate, and long term 67
105-needs and goals to promote and increase well -being and 68
106-opportunities for education, employment, social engagement, 69
107-community integration, and caregiver support. For a client who 70
108-is a public school student entitled to a free appropriate public 71
109-education under the Individuals with Disabilities Education Act, 72
110-I.D.E.A., as amended, the care plan shall be integrated with the 73
111-student's individual education plan (IEP). The care plan and IEP 74
112-must be implemented to maximize the attainment of educational 75
88+implementing care plans, including, but not limited to, 51
89+connecting a client to resources and supports. At a minimum, a 52
90+care plan shall address immediate, intermediate, and long term 53
91+needs and goals to promote and increase well -being and 54
92+opportunities for education, e mployment, social engagement, 55
93+community integration, and caregiver support. For a client who 56
94+is a public school student entitled to a free appropriate public 57
95+education under the Individuals with Disabilities Education Act, 58
96+I.D.E.A., as amended, the care pl an shall be integrated with the 59
97+student's individual education plan (IEP). The care plan and IEP 60
98+must be implemented to maximize the attainment of educational 61
99+and habilitation goals shall give priority to the development, 62
100+planning, and implementation of pr ograms which have the 63
101+potential to prevent, correct, cure, or reduce the severity of 64
102+developmental disabilities. The agency shall direct an 65
103+interagency and interprogram effort for the continued 66
104+development of a prevention plan and program. The agency shall 67
105+identify, through demonstration projects, through program 68
106+evaluation, and through monitoring of programs and projects 69
107+conducted outside of the agency, any medical, social, economic, 70
108+or educational methods, techniques, or procedures that have the 71
109+potential to effectively ameliorate, correct, or cure 72
110+developmental disabilities. The agency shall determine the costs 73
111+and benefits that would be associated with such prevention 74
112+efforts and shall implement, or recommend the implementation of, 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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125-and habilitation goals shall give priority to the development, 76
126-planning, and implementation of programs which have the 77
127-potential to prevent, correct, cure, or reduce the severity of 78
128-developmental disabilities. The agency shall direct an 79
129-interagency and interprogram effo rt for the continued 80
130-development of a prevention plan and program. The agency shall 81
131-identify, through demonstration projects, through program 82
132-evaluation, and through monitoring of programs and projects 83
133-conducted outside of the agency, any medical, social, economic, 84
134-or educational methods, techniques, or procedures that have the 85
135-potential to effectively ameliorate, correct, or cure 86
136-developmental disabilities. The agency shall determine the costs 87
137-and benefits that would be associated with such prevention 88
138-efforts and shall implement, or recommend the implementation of, 89
139-those methods, techniques, or procedures which are found likely 90
140-to be cost-beneficial. 91
141- Section 2. Subsection (1) and paragraph (d) of subsection 92
142-(5) of section 393.065, Florida Statutes, are amended to read: 93
143- 393.065 Application and eligibility determination. — 94
144- (1)(a) The agency shall develop and implement an online 95
145-application process that, at a minimum, supports paperless 96
146-electronic application submissions with immediate e -mail 97
147-confirmation to each applicant to acknowledge receipt of 98
148-application upon submission. 99
149- (b) The agency shall maintain access to a printable paper 100
125+those methods, techniq ues, or procedures which are found likely 76
126+to be cost-beneficial. 77
127+ Section 2. Subsection (1) and paragraph (d) of subsection 78
128+(5) of section 393.065, Florida Statutes, are amended to read: 79
129+ 393.065 Application and eligibility determination. — 80
130+ (1)(a) The agency shall develop and implement an online 81
131+application process that, at a minimum, supports paperless 82
132+electronic application submissions with immediate e -mail 83
133+confirmation to each applicant to acknowledge receipt of 84
134+application upon submission. 85
135+ (b) The agency shall maintain access to a printable paper 86
136+application on its website and, upon request, must provide an 87
137+applicant with a printed paper application. Paper applications 88
138+may Application for services shall be submitted made in writing 89
139+to the agency, in the region in which the applicant resides , 90
140+sent to a central or regional address via regular United States 91
141+mail, or faxed to a central or regional confidential fax number. 92
142+All applications, regardless of manner of submission, must be 93
143+acknowledged as received, with an immediate receipt confirmation 94
144+in the same manner as the application had been received unless 95
145+the applicant has designated an alternative, preferred 96
146+communication method on the submitted application . 97
147+ (c) The agency must shall review each submitted 98
148+application in accordance with federal time standards. and make 99
149+an eligibility determination within 60 days after receipt of the 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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162-application on its website and, upon request, must provide an 101
163-applicant with a printed paper application. Paper applicati ons 102
164-may Application for services shall be submitted made in writing 103
165-to the agency, in the region in which the applicant resides , 104
166-sent to a central or regional address via regular United States 105
167-mail, or faxed to a central or regional confidential fax number . 106
168-All applications, regardless of manner of submission, must be 107
169-acknowledged as received, with an immediate receipt confirmation 108
170-in the same manner as the application had been received unless 109
171-the applicant has designated an alternative, preferred 110
172-communication method on the submitted application . 111
173- (c) The agency must shall review each submitted 112
174-application in accordance with federal time standards. and make 113
175-an eligibility determination within 60 days after receipt of the 114
176-signed application. If, at the time of the application, an 115
177-applicant is requesting enrollment in the home and community -116
178-based services Medicaid waiver program for individuals with 117
179-developmental disabilities deemed to be in crisis, as described 118
180-in paragraph (5)(a), the agency shall complete an eligibility 119
181-determination within 45 days after receipt of the signed 120
182-application. 121
183- 1.(a) If the agency determines additional documentation is 122
184-necessary to make an eligibility determination, the agency may 123
185-request the additional documentation from the a pplicant. 124
186- 2.(b) When necessary to definitively identify individual 125
162+signed application. If, at the time of the application, an 101
163+applicant is requesting enrollment in the home and communit y-102
164+based services Medicaid waiver program for individuals with 103
165+developmental disabilities deemed to be in crisis, as described 104
166+in paragraph (5)(a), the agency shall complete an eligibility 105
167+determination within 45 days after receipt of the signed 106
168+application. 107
169+ 1.(a) If the agency determines additional documentation is 108
170+necessary to make an eligibility determination, the agency may 109
171+request the additional documentation from the applicant. 110
172+ 2.(b) When necessary to definitively identify individual 111
173+conditions or needs, the agency or its designee must provide a 112
174+comprehensive assessment. 113
175+ (c) If the agency requests additional documentation from 114
176+the applicant or provides or arranges for a comprehensive 115
177+assessment, the agency's eligibility determination must be 116
178+completed within 90 days after receipt of the signed 117
179+application. 118
180+ (d)1. For purposes of this paragraph, the term "complete 119
181+application" means an application submitted to the agency which 120
182+is signed and dated by the applicant or an individual with legal 121
183+authority to apply for public benefits on behalf of the 122
184+applicant, is responsive on all parts of the application, and 123
185+contains documentation of a diagnosis. 124
186+ 2. If the applicant requesting enrollment in the home and 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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199-conditions or needs, the agency or its designee must provide a 126
200-comprehensive assessment. 127
201- (c) If the agency requests additional documentation from 128
202-the applicant or provides or arranges f or a comprehensive 129
203-assessment, the agency's eligibility determination must be 130
204-completed within 90 days after receipt of the signed 131
205-application. 132
206- (d)1. For purposes of this paragraph, the term "complete 133
207-application" means an application submitted to the ag ency which 134
208-is signed and dated by the applicant or an individual with legal 135
209-authority to apply for public benefits on behalf of the 136
210-applicant, is responsive on all parts of the application, and 137
211-contains documentation of a diagnosis. 138
212- 2. If the applicant requesting enrollment in the home and 139
213-community-based services Medicaid waiver program for individuals 140
214-with developmental disabilities is deemed to be in crisis as 141
215-described in paragraph (5)(a), the agency must make an 142
216-eligibility determination within 15 c alendar days after receipt 143
217-of a complete application. 144
218- 3. If the applicant meets the criteria specified in 145
219-paragraph (5)(b), the agency must review and make an eligibility 146
220-determination as soon as practicable after receipt of a complete 147
221-application. 148
222- 4. If the application meets the criteria specified in 149
223-paragraphs (5)(c)-(g), the agency shall make an eligibility 150
199+community-based services Medicaid waiver program for individuals 126
200+with developmental disabilities is deemed to be in crisis as 127
201+described in paragraph (5)(a), the agency must make an 128
202+eligibility determination within 15 calendar days after receipt 129
203+of a complete application. 130
204+ 3. If the applicant meets the criteria specified in 131
205+paragraph (5)(b), the agency must review and make an eligibility 132
206+determination as soon as practicable after receipt of a complete 133
207+application. 134
208+ 4. If the application meets the criteria specified in 135
209+paragraphs (5)(c)-(g), the agency shall make an eligibility 136
210+determination within 60 days after receipt of a complete 137
211+application. Any delays in the eligibility determination process 138
212+or any tolling of the time standard until certain information or 139
213+actions have been completed, must be conveyed to the client as 140
214+soon as such delays are known with a verbal contact to the 141
215+client or the client's designated caregiver and confirmed by a 142
216+written notice of the delay, the anticipated length of delay, 143
217+and a contact person for the client. 144
218+ (5) Except as provided in subsections (6) and (7), if a 145
219+client seeking enrollment in the developmental disabilities home 146
220+and community-based services Medicaid waiver program meets the 147
221+level of care requirement for an inter mediate care facility for 148
222+individuals with intellectual disabilities pursuant to 42 C.F.R. 149
223+ss. 435.217(b)(1) and 440.150, the agency must assign the client 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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236-determination within 60 days after receipt of a complete 151
237-application. Any delays in the eligibility determination process 152
238-or any tolling of the t ime standard until certain information or 153
239-actions have been completed, must be conveyed to the client as 154
240-soon as such delays are known with a verbal contact to the 155
241-client or the client's designated caregiver and confirmed by a 156
242-written notice of the delay, the anticipated length of delay, 157
243-and a contact person for the client. 158
244- (5) Except as provided in subsections (6) and (7), if a 159
245-client seeking enrollment in the developmental disabilities home 160
246-and community-based services Medicaid waiver program meets the 161
247-level of care requirement for an intermediate care facility for 162
248-individuals with intellectual disabilities pursuant to 42 C.F.R. 163
249-ss. 435.217(b)(1) and 440.150, the agency must assign the client 164
250-to an appropriate preenrollment category pursuant to this 165
251-subsection and must provide priority to clients waiting for 166
252-waiver services in the following order: 167
253- (d) Category 4, which includes, but is not required to be 168
254-limited to, clients whose caregivers are 60 70 years of age or 169
255-older and for whom a caregiver is req uired but no alternate 170
256-caregiver is available. 171
257- 172
258-Within preenrollment categories 3, 4, 5, 6, and 7, the agency 173
259-shall prioritize clients in the order of the date that the 174
260-client is determined eligible for waiver services. 175
236+to an appropriate preenrollment category pursuant to this 151
237+subsection and must provide priority to cl ients waiting for 152
238+waiver services in the following order: 153
239+ (d) Category 4, which includes, but is not required to be 154
240+limited to, clients whose caregivers are 60 70 years of age or 155
241+older and for whom a caregiver is required but no alternate 156
242+caregiver is available. 157
243+ 158
244+Within preenrollment categories 3, 4, 5, 6, and 7, the agency 159
245+shall prioritize clients in the order of the date that the 160
246+client is determined eligible for waiver services. 161
247+ Section 3. Section 393.0651, Florida Statutes, is amended 162
248+to read: 163
249+ 393.0651 Family or individual support plan. —The agency 164
250+shall provide directly or contract for the development of a 165
251+family support plan for children ages 3 to 18 years of age and 166
252+an individual support plan for each client served by the home 167
253+and community-based services Medicaid waiver program under s. 168
254+393.0662. The client, if competent, the client's parent or 169
255+guardian, or, when appropriate, the client advocate, shall be 170
256+consulted in the development of the plan and shall receive a 171
257+copy of the plan. Each plan m ust include the most appropriate, 172
258+least restrictive, and most cost -beneficial environment for 173
259+accomplishment of the objectives for client progress and a 174
260+specification of all services authorized. The plan must include 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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273- Section 3. Section 393.0651, Flo rida Statutes, is amended 176
274-to read: 177
275- 393.0651 Family or individual support plan. —The agency 178
276-shall provide directly or contract for the development of a 179
277-family support plan for children ages 3 to 18 years of age and 180
278-an individual support plan for each clien t served by the home 181
279-and community-based services Medicaid waiver program under s. 182
280-393.0662. The client, if competent, the client's parent or 183
281-guardian, or, when appropriate, the client advocate, shall be 184
282-consulted in the development of the plan and shall r eceive a 185
283-copy of the plan. Each plan must include the most appropriate, 186
284-least restrictive, and most cost -beneficial environment for 187
285-accomplishment of the objectives for client progress and a 188
286-specification of all services authorized. The plan must include 189
287-provisions for the most appropriate level of care for the 190
288-client. Within the specification of needs and services for each 191
289-client, when residential care is necessary, the agency shall 192
290-move toward placement of clients in residential facilities based 193
291-within the client's community. The ultimate goal of each plan, 194
292-whenever possible, shall be to enable the client to live a 195
293-dignified life in the least restrictive setting, be that in the 196
294-home or in the community. The family or individual support plan 197
295-must be developed within 60 calendar days after the agency 198
296-determines the client eligible pursuant to s. 393.065(3). When 199
297-developing or reviewing the support plan, the waiver support 200
273+provisions for the most appropriate lev el of care for the 176
274+client. Within the specification of needs and services for each 177
275+client, when residential care is necessary, the agency shall 178
276+move toward placement of clients in residential facilities based 179
277+within the client's community. The ultimate goa l of each plan, 180
278+whenever possible, shall be to enable the client to live a 181
279+dignified life in the least restrictive setting, be that in the 182
280+home or in the community. The family or individual support plan 183
281+must be developed within 60 calendar days after the agency 184
282+determines the client eligible pursuant to s. 393.065(3). When 185
283+developing or reviewing the support plan, the waiver support 186
284+coordinator must inform the client, the client's parent or 187
285+guardian, or, when appropriate, the client advocate about the 188
286+consumer-directed care program under s. 409.221. 189
287+ (1) The agency shall develop and specify by rule the core 190
288+components of support plans. 191
289+ (2) The family or individual support plan shall be 192
290+integrated with the individual education plan (IEP) for all 193
291+clients who are public school students entitled to a free 194
292+appropriate public education under the Individuals with 195
293+Disabilities Education Act, I.D.E.A., as amended. The family or 196
294+individual support plan and IEP must be implemented to maximize 197
295+the attainment of educat ional and habilitation goals. 198
296+ (a) If the IEP for a student enrolled in a public school 199
297+program indicates placement in a public or private residential 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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310-coordinator must inform the client, the client's parent or 201
311-guardian, or, when appropriat e, the client advocate about the 202
312-consumer-directed care program under s. 409.221. 203
313- (1) The agency shall develop and specify by rule the core 204
314-components of support plans. 205
315- (2) The family or individual support plan shall be 206
316-integrated with the individual e ducation plan (IEP) for all 207
317-clients who are public school students entitled to a free 208
318-appropriate public education under the Individuals with 209
319-Disabilities Education Act, I.D.E.A., as amended. The family or 210
320-individual support plan and IEP must be implemente d to maximize 211
321-the attainment of educational and habilitation goals. 212
322- (a) If the IEP for a student enrolled in a public school 213
323-program indicates placement in a public or private residential 214
324-program is necessary to provide special education and related 215
325-services to a client, the local education agency must provide 216
326-for the costs of that service in accordance with the 217
327-requirements of the Individuals with Disabilities Education Act, 218
328-I.D.E.A., as amended. This does not preclude local education 219
329-agencies and the agency from sharing the residential service 220
330-costs of students who are clients and require residential 221
331-placement. 222
332- (b) For clients who are entering or exiting the school 223
333-system, an interdepartmental staffing team composed of 224
334-representatives of the agency and the local school system shall 225
310+program is necessary to provide special education and related 201
311+services to a client, the local education agency must provide 202
312+for the costs of that service in accordance with the 203
313+requirements of the Individuals with Disabilities Education Act, 204
314+I.D.E.A., as amended. This does not preclude local education 205
315+agencies and the agency from sharing the residential serv ice 206
316+costs of students who are clients and require residential 207
317+placement. 208
318+ (b) For clients who are entering or exiting the school 209
319+system, an interdepartmental staffing team composed of 210
320+representatives of the agency and the local school system shall 211
321+develop a written transitional living and training plan with the 212
322+participation of the client or with the parent or guardian of 213
323+the client, or the client advocate, as appropriate. 214
324+ (3) Each family or individual support plan shall be 215
325+facilitated through case manag ement designed solely to advance 216
326+the individual needs of the client. 217
327+ (4) In the development of the family or individual support 218
328+plan, a client advocate may be appointed by the support planning 219
329+team for a client who is a minor or for a client who is not 220
330+capable of express and informed consent when: 221
331+ (a) The parent or guardian cannot be identified; 222
332+ (b) The whereabouts of the parent or guardian cannot be 223
333+discovered; or 224
334+ (c) The state is the only legal representative of the 225
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347-develop a written transitional living and training plan with the 226
348-participation of the client or with the parent or guardian of 227
349-the client, or the client advocate, as appropriate. 228
350- (3) Each family or individual support plan s hall be 229
351-facilitated through case management designed solely to advance 230
352-the individual needs of the client. 231
353- (4) In the development of the family or individual support 232
354-plan, a client advocate may be appointed by the support planning 233
355-team for a client who i s a minor or for a client who is not 234
356-capable of express and informed consent when: 235
357- (a) The parent or guardian cannot be identified; 236
358- (b) The whereabouts of the parent or guardian cannot be 237
359-discovered; or 238
360- (c) The state is the only legal representative of the 239
361-client. 240
362- 241
363-Such appointment may not be construed to extend the powers of 242
364-the client advocate to include any of those powers delegated by 243
365-law to a legal guardian. 244
366- (5) The agency shall place a client in the most 245
367-appropriate and least restrictive, and cost-beneficial, 246
368-residential facility according to his or her individual support 247
369-plan. The client, if competent, the client's parent or guardian, 248
370-or, when appropriate, the client advocate, and the administrator 249
371-of the facility to which placement is propose d shall be 250
347+client. 226
348+ 227
349+Such appointment may n ot be construed to extend the powers of 228
350+the client advocate to include any of those powers delegated by 229
351+law to a legal guardian. 230
352+ (5) The agency shall place a client in the most 231
353+appropriate and least restrictive, and cost -beneficial, 232
354+residential facility according to his or her individual support 233
355+plan. The client, if competent, the client's parent or guardian, 234
356+or, when appropriate, the client advocate, and the administrator 235
357+of the facility to which placement is proposed shall be 236
358+consulted in determining th e appropriate placement for the 237
359+client. Considerations for placement shall be made in the 238
360+following order: 239
361+ (a) Client's own home or the home of a family member or 240
362+direct service provider. 241
363+ (b) Foster care facility. 242
364+ (c) Group home facility. 243
365+ (d) Intermediate care facility for the developmentally 244
366+disabled. 245
367+ (e) Other facilities licensed by the agency which offer 246
368+special programs for people with developmental disabilities. 247
369+ (f) Developmental disabilities center. 248
370+ (6) In developing a client's annual fa mily or individual 249
371+support plan, the individual or family with the assistance of 250
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384-consulted in determining the appropriate placement for the 251
385-client. Considerations for placement shall be made in the 252
386-following order: 253
387- (a) Client's own home or the home of a family member or 254
388-direct service provider. 255
389- (b) Foster care facility. 256
390- (c) Group home facility. 257
391- (d) Intermediate care facility for the developmentally 258
392-disabled. 259
393- (e) Other facilities licensed by the agency which offer 260
394-special programs for people with developmental disabilities. 261
395- (f) Developmental disabilities center. 262
396- (6) In developing a client's annual family or individual 263
397-support plan, the individual or family with the assistance of 264
398-the support planning team shall identify measurable objectives 265
399-for client progress and shall specify a time period expected for 266
400-achievement of each objective. 267
401- (7) The individual, family, and support coordinator shall 268
402-review progress in achieving the objectives specified in each 269
403-client's family or individual support plan, and shall revise the 270
404-plan annually, following consultation with the client, if 271
405-competent, or with the parent or guardian of the client, or, 272
406-when appropriate, the client advocate. The agency or designated 273
407-contractor shall annually report in writing to the client, if 274
408-competent, or to the parent or guardian of the client, or to the 275
384+the support planning team shall identify measurable objectives 251
385+for client progress and shall specify a time period expected for 252
386+achievement of each objective. 253
387+ (7) The individual, family, and support coordinator shall 254
388+review progress in achieving the objectives specified in each 255
389+client's family or individual support plan, and shall revise the 256
390+plan annually, following consultation with the client, if 257
391+competent, or with the pare nt or guardian of the client, or, 258
392+when appropriate, the client advocate. The agency or designated 259
393+contractor shall annually report in writing to the client, if 260
394+competent, or to the parent or guardian of the client, or to the 261
395+client advocate, when appropria te, with respect to the client's 262
396+habilitative and medical progress. 263
397+ (8) Any client, or any parent of a minor client, or 264
398+guardian, authorized guardian advocate, or client advocate for a 265
399+client, who is substantially affected by the client's initial 266
400+family or individual support plan, or the annual review thereof, 267
401+shall have the right to file a notice to challenge the decision 268
402+pursuant to ss. 120.569 and 120.57. Notice of such right to 269
403+appeal shall be included in all support plans provided by the 270
404+agency. 271
405+ Section 4. For the 2024-2025 fiscal year, the sums of 272
406+$16,562,703 in recurring funds from the General Revenue Fund and 273
407+$22,289,520 in recurring funds from the Operations and 274
408+Maintenance Trust Fund are appropriated in the Home and 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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421-client advocate, when appropriate, with respect to the client's 276
422-habilitative and medical progress. 277
423- (8) Any client, or any parent of a minor client, or 278
424-guardian, authorized guardian advocate, or client advocate for a 279
425-client, who is substantially affected by the client's initial 280
426-family or individual support plan, or the annual review thereof, 281
427-shall have the right to file a notice to challenge the decision 282
428-pursuant to ss. 120.569 and 120.57. Notice of such right to 283
429-appeal shall be included in all su pport plans provided by the 284
430-agency. 285
431- Section 4. For the 2024-2025 fiscal year, the sums of 286
432-$16,562,703 in recurring funds from the General Revenue Fund and 287
433-$22,289,520 in recurring funds from the Operations and 288
434-Maintenance Trust Fund are appropriated in the Home and 289
435-Community Based Services Waiver category to the Agency for 290
436-Persons with Disabilities to offer waiver services to the 291
437-greatest number of individuals permissible under the 292
438-appropriation from preenrollment categories 3, 4, and 5, 293
439-including individuals whose caregiver is age 60 or older in 294
440-category 4, established in s. 393.065, Florida Statutes, as 295
441-amended by this act, and from preenrollment category 6 who have 296
442-a sibling in preenrollment category 3, category 4, category 5, 297
443-or category 6. 298
444- Section 5. The Agency for Health Care Administration and 299
445-the Agency for Persons with Disabilities, in consultation with 300
421+Community Based Services Waiver category to the Agency for 276
422+Persons with Disabilities to offer waiver services to the 277
423+greatest number of individuals permissible under the 278
424+appropriation from preenrollment categories 3, 4, and 5, 279
425+including individuals whose caregiver is age 60 or older in 280
426+category 4, established in s. 393.065, Florida Statutes, as 281
427+amended by this act. 282
428+ Section 5. The Agency for Health Care Administration and 283
429+the Agency for Persons with Disabilities, in consultation with 284
430+other stakeholders, shall jointly devel op a comprehensive plan 285
431+for the administration, finance, and delivery of home and 286
432+community-based services through a new home and community -based 287
433+services Medicaid waiver program. The waiver program shall be 288
434+for clients transitioning into adulthood and sha ll be designed 289
435+to prevent future crisis enrollment into the waiver authorized 290
436+under s. 393.0662, Florida Statutes. The Agency for Health Care 291
437+Administration is authorized to contract with necessary experts, 292
438+in consultation with the Agency for Persons with Disabilities, 293
439+to assist in developing the plan. The Agency for Persons with 294
440+Disabilities, in consultation with the Agency for Health Care 295
441+Administration, must submit a report to the Governor, the 296
442+President of the Senate, and the Speaker of the House of 297
443+Representatives by December 1, 2024, addressing, at a minimum, 298
444+all of the following: 299
445+ (1) The purpose, rationale, and expected benefits of the 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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458-other stakeholders, shall jointly develop a comprehensive plan 301
459-for the administration, finance, and delivery of home and 302
460-community-based services through a new home and community -based 303
461-services Medicaid waiver program. The waiver program shall be 304
462-for clients transitioning into adulthood and shall be designed 305
463-to prevent future crisis enrollment into the waiver authorized 306
464-under s. 393.0662, Flori da Statutes. The Agency for Health Care 307
465-Administration is authorized to contract with necessary experts, 308
466-in consultation with the Agency for Persons with Disabilities, 309
467-to assist in developing the plan. The Agency for Health Care 310
468-Administration, in consulta tion with the Agency for Persons with 311
469-Disabilities, must submit a report to the Governor, the 312
470-President of the Senate, and the Speaker of the House of 313
471-Representatives by December 1, 2024, addressing, at a minimum, 314
472-all of the following: 315
473- (1) The purpose, rationale, and expected benefits of the 316
474-new waiver program. 317
475- (2) The proposed eligibility criteria for clients and 318
476-service benefit package to be offered through the waiver 319
477-program. 320
478- (3) A proposed implementation plan and timeline, including 321
479-recommendations for number of clients served by the waiver 322
480-program at initial implementation, changes over time, and any 323
481-per-client benefit caps. 324
482- (4) Proposals for how clients will transition onto and off 325
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491-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 ES
492-
493-
494-
495-of the waiver, including, but not limited to, transitions 326
496-between this waiver and the waiver established under s. 327
497-393.0662, Florida Statutes. 328
498- (5) The fiscal impact for the implementation year and 329
499-projections for the next 5 years, determined on an actuarially -330
500-sound basis. 331
501- (6) An analysis of the availability of services that would 332
502-be offered under the waiver program and recommendations to 333
503-increase availability of such services, if necessary. 334
504- (7) A list of all stakeholders, public and private, who 335
505-were consulted or contacted as part of the waiver program. 336
506- Section 6. The Agency for Persons with Disabilities shall 337
507-provide the option and include functionality for providers to 338
508-electronically transmit all required information to the agency's 339
509-data management system, known as the iConnect system, in an 340
510-industry standard format designated by the agency. 341
511-Notwithstanding s. 393.066(2), Florida Statutes, persons or 342
512-entities under contract with the agency may maintain information 343
513-documenting service provision to clients in their own data 344
514-management systems until the agenc y data management system's 345
515-ability to accept all required data from external systems 346
516-electronically is fully operational. Persons or entities shall 347
517-use the system for electronic visit verification as required by 348
518-the agency. The agency may not require train ing on the use of 349
519-its data management system by persons or entities that choose to 350
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530-
531-
532-maintain data in their own data management systems until the 351
533-agency data management system's ability to accept all required 352
534-data from external systems electronically is full y operational, 353
535-except that the agency may require training for use of the 354
536-electronic visit verification functionality. The agency shall, 355
537-at a minimum, provide enhanced technical assistance and host 356
538-feedback and listening sessions with service providers to plan 357
539-for future system enhancements. The agency shall submit a report 358
540-to the Governor, the President of the Senate, the Speaker of the 359
541-House of Representatives, and the appropriate fiscal and policy 360
542-committees by December 31, 2024, that assesses the functi onality 361
543-of the data management system, considering the needs of and 362
544-impacts on the agency and persons and entities using the data 363
545-management system, and provides options and associated costs for 364
546-achieving sufficient functionality. 365
547- Section 7. Effective October 1, 2024, all powers, duties, 366
548-functions, records, offices, personnel, associated 367
549-administrative support positions, property, pending issues, 368
550-existing contracts, administrative authority, administrative 369
551-rules, and unexpended balances of appropriation s, allocations, 370
552-and any other funds relating to the Florida Unique Abilities 371
553-Partner Program are transferred by a type two transfer, as 372
554-described in s. 20.06(2), Florida Statutes, from the Department 373
555-of Commerce to the Agency for Persons with Disabilities. 374
556- Section 8. Effective October 1, 2024, paragraph (c) of 375
557-
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566-
567-
568-
569-subsection (10) of section 20.60, Florida Statutes, is amended 376
570-to read: 377
571- 20.60 Department of Commerce; creation; powers and 378
572-duties.— 379
573- (10) The department shall, by November 1 of each year, 380
574-submit an annual report to the Governor, the President of the 381
575-Senate, and the Speaker of the House of Representatives on the 382
576-condition of the business climate and economic development in 383
577-the state. 384
578- (c) The report must incorporate annual reports of other 385
579-programs, including: 386
580- 1. A detailed report of the performance of the Black 387
581-Business Loan Program and a cumulative summary of quarterly 388
582-report data required under s. 288.714. 389
583- 2. The Rural Economic Development Initiative established 390
584-under s. 288.0656. 391
585- 3. The Florida Unique Abilities Partner Program. 392
586- 3.4. A detailed report of the performance of the Florida 393
587-Development Finance Corporation and a summary of the 394
588-corporation's report required under s. 288.9610. 395
589- 4.5. Information provided by Space Florida under s . 396
590-331.3051 and an analysis of the activities and accomplishments 397
591-of Space Florida. 398
592- Section 9. Effective October 1, 2024, section 413.801, 399
593-Florida Statutes, is amended to read: 400
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605-
606- 413.801 Florida Unique Abilities Partner Program. — 401
607- (1) CREATION AND PURP OSE.—The Agency for Persons with 402
608-Disabilities Department of Economic Opportunity shall establish 403
609-the Florida Unique Abilities Partner Program to designate a 404
610-business entity as a Florida Unique Abilities Partner if the 405
611-business entity demonstrates commitmen t, through employment or 406
612-support, to the independence of individuals who have a 407
613-disability. The agency department shall consult with the 408
614-Department of Commerce Agency for Persons with Disabilities , the 409
615-Division of Vocational Rehabilitation of the Departmen t of 410
616-Education, the Division of Blind Services of the Department of 411
617-Education, and CareerSource Florida, Inc., in creating the 412
618-program. 413
619- (2) DEFINITIONS.—As used in this section, the term: 414
620- (a) "Agency Department" means the Agency for Persons with 415
621-Disabilities Department of Economic Opportunity . 416
622- (b) "Individuals who have a disability" means persons who 417
623-have a physical or intellectual impairment that substantially 418
624-limits one or more major life activities, persons who have a 419
625-history or record of such an i mpairment, or persons who are 420
626-perceived by others as having such an impairment. 421
627- (3) DESIGNATION.— 422
628- (a) A business entity may apply to the agency department 423
629-to be designated as a Florida Unique Abilities Partner, based on 424
630-the business entity's achievemen ts in at least one of the 425
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640-
641-
642-
643-following categories: 426
644- 1. Employment of individuals who have a disability. 427
645- 2. Contributions to local or national disability 428
646-organizations. 429
647- 3. Contributions to, or the establishment of, a program 430
648-that contributes to the independence of individuals who have a 431
649-disability. 432
650- (b) As an alternative to application by a business entity, 433
651-the agency department must consider nominations from members of 434
652-the community where the business entity is located. The 435
653-nomination must identify the business entity's achievements in 436
654-at least one of the categories provided in paragraph (a). 437
655- (c) The name, location, and contact information of the 438
656-business entity must be included in the business entity's 439
657-application or nomination. 440
658- (d) The agency department shall adopt procedures for the 441
659-application, nomination, and designation processes for the 442
660-Florida Unique Abilities Partner Program. Designation as a 443
661-Florida Unique Abilities Partner does not establish or involve 444
662-licensure, does not affect the su bstantial interests of a party, 445
663-and does not constitute a final agency action. The Florida 446
664-Unique Abilities Partner Program and designation are not subject 447
665-to chapter 120. 448
666- (4) ELIGIBILITY AND AWARD. —In determining the eligibility 449
667-for the designation of a business entity as a Florida Unique 450
668-
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680-Abilities Partner, the agency department shall consider, at a 451
681-minimum, the following criteria: 452
682- (a) For a designation based on an application by a 453
683-business entity, the business entity must certify that: 454
684- 1. It employs at least one individual who has a 455
685-disability. Such employees must be residents of this state and 456
686-must have been employed by the business entity for at least 9 457
687-months before the business entity's application for the 458
688-designation. The agency department may not require the employer 459
689-to provide personally identifiable information about its 460
690-employees; 461
691- 2. It has made contributions to local and national 462
692-disability organizations or contributions in support of 463
693-individuals who have a disability. Contributions may be 464
694-accomplished through financial or in -kind contributions, 465
695-including employee volunteer hours. Contributions must be 466
696-documented by providing copies of written receipts or letters of 467
697-acknowledgment from recipients or donees. A business entity with 468
698-100 or fewer employees must make a financial or in -kind 469
699-contribution of at least $1,000, and a business entity with more 470
700-than 100 employees must make a financial or in -kind contribution 471
701-of at least $5,000; or 472
702- 3. It has established, or has contributed to the 473
703-establishment of, a program that contributes to the independence 474
704-of individuals who have a disability. Contributions must be 475
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717-documented by providing copies of written receipts, a summary of 476
718-the program, program materials, or letters of acknowledgment 477
719-from program participants or volunteers. A business entity with 478
720-100 or fewer employees must make a financial or in -kind 479
721-contribution of at least $1,000 in the program, and a business 480
722-entity with more than 100 employees must make a financial or in -481
723-kind contribution of at least $5,000. 482
724- 483
725-A business entity that applies to the agency department to be 484
726-designated as a Florida Unique Abilities Partner shall be 485
727-awarded the designation upon meeting the requirements of this 486
728-section. 487
729- (b) For a designation based upon receipt of a nomination 488
730-of a business entity: 489
731- 1. The agency department shall determine whether the 490
732-nominee, based on the information provided by the nominating 491
733-person or entity, meets the requirements of paragraph (a). The 492
734-agency department may request additional i nformation from the 493
735-nominee. 494
736- 2. If the nominee meets the requirements, the agency 495
737-department shall provide notice, including the qualification 496
738-criteria provided in the nomination, to the nominee regarding 497
739-the nominee's eligibility to be awarded a designa tion as a 498
740-Florida Unique Abilities Partner. 499
741- 3. The nominee shall be provided 30 days after receipt of 500
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754-the notice to certify that the information in the notice is true 501
755-and accurate and accept the nomination, to provide corrected 502
756-information for considerat ion by the agency department and 503
757-indicate an intention to accept the nomination, or to decline 504
758-the nomination. If the nominee accepts the nomination, the 505
759-agency department shall award the designation. The agency 506
760-department may not award the designation if the nominee declines 507
761-the nomination or has not accepted the nomination within 30 days 508
762-after receiving notice. 509
763- (5) ANNUAL CERTIFICATION. —After an initial designation as 510
764-a Florida Unique Abilities Partner, a business entit y must 511
765-certify each year that it continues to meet the criteria for the 512
766-designation. If the business entity does not submit the yearly 513
767-certification of continued eligibility, the agency department 514
768-shall remove the designation. The business entity may elect to 515
769-discontinue its designation status at any time by notifying the 516
770-agency department of such decision. 517
771- (6) LOGO DEVELOPMENT. — 518
772- (a) The agency department, in consultation with members of 519
773-the disability community, shall develop a logo that identifies a 520
774-business entity that is designated as a Florida Unique Abilities 521
775-Partner. 522
776- (b) The agency department shall adopt guidelines and 523
777-requirements for the use of the logo, including how the logo may 524
778-be used in advertising. The agency department may allow a 525
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791-business entity to display a Florida Unique Abilities Partner 526
792-logo upon designation. A business entity that has not been 527
793-designated as a Florida Unique Abilities Partner or has elected 528
794-to discontinue its designated status may not display the logo. 529
795- (7) WEBSITE.—The agency department shall maintain a 530
796-website for the program. At a minimum, the website must provide 531
797-a list of business entities, by county, which currently have the 532
798-Florida Unique Abilities Partner designation, updated quarterly; 533
799-information regarding the eligibility requirements for the 534
800-designation and the method of application or nomination; and 535
801-best practices for business entities to facilitate the inclusion 536
802-of individuals who have a disability, updated annually. The 537
803-website may provide links to the websites of organizations or 538
804-other resources that will aid business entities to employ or 539
805-support individuals who have a disability. 540
806- (8) INTERAGENCY COLLABORATION. — 541
807- (a) The Department of Commerce Agency for Persons with 542
808-Disabilities shall provide a link on its website to the agency's 543
809-department's website for the Florida Unique Abilities Partner 544
810-Program. 545
811- (b) On a quarterly basis, the agency department shall 546
812-provide the Florida Tourism Industry Marketing Corporation with 547
813-a current list of all businesse s that are designated as Florida 548
814-Unique Abilities Partners. The Florida Tourism Industry 549
815-Marketing Corporation must consider the Florida Unique Abilities 550
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828-Partner Program in the development of marketing campaigns, and 551
829-specifically in any targeted marketing campaign for individuals 552
830-who have a disability or their families. 553
831- (c) The agency department and CareerSource Florida, Inc., 554
832-shall identify employment opportunities posted by business 555
833-entities that currently have the Florida Unique Abilities 556
834-Partner designation in the workforce information system under s. 557
835-445.011. 558
836- (9) REPORT.— 559
837- (a) By January 1, 2025, and annually thereafter 2017, the 560
838-agency department shall provide a report on the progress and use 561
839-of the program to the President of the Senate and the S peaker of 562
840-the House of Representatives on the status of the implementation 563
841-of this section, including the adoption of rules, development of 564
842-the logo, and development of application procedures . 565
843- (b) Beginning in 2017 and each year thereafter, the 566
844-department's annual report required under s. 20.60 must describe 567
845-in detail the progress and use of the program. At a minimum, the 568
846-report must include, for the most recent year , all of the 569
847-following: 570
848- (a) The number of applications and nominations received .; 571
849- (b) The number of nominations accepted and declined .; 572
850- (c) The number of designations awarded .; 573
851- (d) Annual certifications .; 574
852- (e) The use of information provided under subsection (8) .; 575
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857-
858-CODING: Words stricken are deletions; words underlined are additions.
859-hb1271-03-c3
860-Page 24 of 24
861-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 ES
862-
863-
864-
865-and 576
866- (f) Any other information the agency deems deemed 577
867-necessary to evaluate the program. 578
868- (10) RULES.—The agency department shall adopt rules to 579
869-administer this section. 580
870- Section 10. Except as otherwise expressly provided in this 581
871-this act, this act shall take effect July 1, 2024. 582
458+new waiver program. 301
459+ (2) The proposed eligibility criteria for clients and 302
460+service benefit package to be offered t hrough the waiver 303
461+program. 304
462+ (3) A proposed implementation plan and timeline, including 305
463+recommendations for number of clients served by the waiver 306
464+program at initial implementation, changes over time, and any 307
465+per-client benefit caps. 308
466+ (4) Proposals for ho w clients will transition onto and off 309
467+of the waiver, including, but not limited to, transitions 310
468+between this waiver and the waiver established under s. 311
469+393.0662, Florida Statutes. 312
470+ (5) The fiscal impact for the implementation year and 313
471+projections for the next 5 years, determined on an actuarially -314
472+sound basis. 315
473+ (6) An analysis of the availability of services that would 316
474+be offered under the waiver program and recommendations to 317
475+increase availability of such services, if necessary. 318
476+ (7) A list of all stake holders, public and private, who 319
477+were consulted or contacted as part of the waiver program. 320
478+ Section 6. This act shall take effect July 1, 2024. 321