SESSION WATCH
THE BILL ITSELF

CS/SB 1630

Aging and Disability Services

VERSION S 1630 c1 · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

Florida Senate - 2026 CS for SB 1630 By the Committee on Children, Families, and Elder Affairs; and Senator Grall 586-02241-26 20261630c1
1 A bill to be entitled
2 An act relating to aging and disability services;
3 amending s. 409.979, F.S.; requiring the Department of
4 Elderly Affairs to maintain a statewide pre-enrollment
5 list, rather than a wait list, for certain services;
6 deleting expired requirements for Medicaid recipients
7 to receive an offer for enrollment for long-term care
8 services; requiring aging and disability resource
9 center personnel to place on and release certain
10 clients from the pre-enrollment lists; requiring
11 certain staff to administer a rescreening under
12 certain circumstances; deleting a requirement for the
13 Comprehensive Assessment and Review for Long-term Care
14 Services (CARES) program to conduct prerelease
15 assessments; requiring an aging and disability
16 resource center to conduct a prerelease assessment;
17 authorizing individuals who meet financial and medical
18 eligibility criteria to enroll in the long-term care
19 managed care program; conforming provisions to changes
20 made by the act; amending s. 409.983, F.S.; requiring
21 the CARES program to review or perform the initial
22 assessment of an enrollee’s level of care; amending s.
23 430.03, F.S.; revising the purposes of the department
24 to include the provision of services for certain
25 programs only under certain circumstances; amending s.
26 430.04, F.S.; making a technical change; creating s.
27 430.09, F.S.; providing procurement requirements for
28 area agencies on aging; prohibiting an administrative
29 employee of an area agency on aging from receiving a
30 specified salary amount; providing construction;
31 amending s. 430.203, F.S.; revising definitions;
32 amending s. 430.204, F.S.; deleting certain funding
33 responsibilities of the department and certain
34 entities; prohibiting the area agency on aging from
35 directly providing core services; providing
36 exceptions; deleting the responsibility of provider
37 agencies to collect and assess fees for certain
38 services; amending s. 430.205, F.S.; deleting certain
39 funding responsibilities of the department; deleting a
40 provision providing construction; revising frequency
41 of inservice training for certain providers; requiring
42 that high-risk vulnerable adults be given priority
43 consideration for receiving community-care-for-the
44 elderly services; replacing the term “primary
45 consideration” with “priority consideration”; amending
46 s. 430.2053, F.S.; renaming aging resource centers as
47 aging and disability resource centers; revising the
48 purposes and duties of such centers; authorizing aging
49 and disability resource centers to place on and
50 release certain individuals from pre-enrollment lists;
51 deleting a requirement for a work group to be
52 convened; deleting a requirement to provide enrollment
53 and coverage information to certain individuals;
54 requiring the aging and disability resource center to
55 receive a waiver from the department to be the
56 provider of certain direct services; revising the
57 services for which the department and an area agency
58 on aging may not make payments; deleting an
59 eligibility requirement for an area agency on aging to
60 transition to an aging resource center; revising with
61 whom the department may consult to develop capitation
62 rates; revising construction; conforming provisions to
63 changes made by the act; amending s. 430.503, F.S.;
64 deleting the responsibility of provider agencies to
65 collect and assess fees for certain purposes; amending
66 s. 430.605, F.S.; revising certain subsidy payments to
67 include food and nutritional supplements; creating s.
68 430.72, F.S.; providing the purpose of and legislative
69 intent for the Florida Alzheimer’s Center of
70 Excellence; encouraging certain actions related to
71 innovative and efficient program development; defining
72 terms; providing powers and duties of the center;
73 requiring the center to work with specified entities
74 to ensure full use of state infrastructure;
75 authorizing the center to provide direct services or
76 contract for the provision of services; providing
77 eligibility criteria for services; authorizing the
78 center to provide assistance to persons meeting such
79 criteria, subject to availability of funds and
80 resources; amending s. 430.901, F.S.; conforming
81 provisions to changes made by the act; amending s.
82 744.2003, F.S.; revising professional and public
83 guardians’ continuing education requirements to
84 include Alzheimer’s disease and related dementias;
85 amending ss. 744.2004 and 744.20041, F.S.; revising
86 certain disciplinary actions and penalties; amending
87 s. 744.2104, F.S.; authorizing the Office of Public
88 and Professional Guardians to issue certain subpoenas
89 to certain entities to compel the production of
90 records in conducting certain investigations;
91 authorizing the office to petition the court for a
92 certain purpose under certain circumstances;
93 reenacting s. 110.501(4), F.S., relating to
94 definitions, to incorporate the amendment made to s.
95 430.204, F.S., in a reference thereto; reenacting s.
96 430.504, F.S., relating to confidentiality of
97 information, to incorporate the amendment made to s.
98 430.503, F.S., in a reference thereto; reenacting s.
99 430.603, F.S., relating to home care for the elderly
100 and rules, to incorporate the amendment made to s.
101 430.605, F.S., in a reference thereto; providing an
102 effective date.
104 Be It Enacted by the Legislature of the State of Florida:
106 Section 1. Subsections (2) and (3) of section 409.979,
107 Florida Statutes, are amended to read:
108 409.979 Eligibility.—
109 (2) PRE-ENROLLMENT ENROLLMENT OFFERS.—Subject to the
110 availability of funds, the Department of Elderly Affairs shall
111 make offers for enrollment to eligible individuals based on a
112 pre-enrollment list wait-list prioritization. Before making
113 enrollment offers, the agency and the Department of Elderly
114 Affairs shall determine that sufficient funds exist to support
115 additional enrollment into plans.
116 (a) A Medicaid recipient enrolled in one of the following
117 Medicaid home and community-based services waiver programs who
118 meets the eligibility criteria established in subsection (1) is
119 eligible to participate in the long-term care managed care
120 program and must be transitioned into the long-term care managed
121 care program by January 1, 2018:
122 1. Traumatic Brain and Spinal Cord Injury Waiver.
123 2. Adult Cystic Fibrosis Waiver.
124 3. Project AIDS Care Waiver.
125 (b) The agency shall seek federal approval to terminate the
126 Traumatic Brain and Spinal Cord Injury Waiver, the Adult Cystic
127 Fibrosis Waiver, and the Project AIDS Care Waiver once all
128 eligible Medicaid recipients have transitioned into the long
129 term care managed care program.
130 (3) PRE-ENROLLMENT WAIT LIST, RELEASE, AND OFFER PROCESS.
131 The Department of Elderly Affairs shall maintain a statewide
132 pre-enrollment wait list for enrollment for home and community
133 based services through the long-term care managed care program.
134 (a) The Department of Elderly Affairs shall prioritize
135 individuals for potential enrollment for home and community
136 based services through the long-term care managed care program
137 using a frailty-based screening tool that results in a priority
138 score. The priority score is used to set an order for releasing
139 individuals from the pre-enrollment wait list for potential
140 enrollment in the long-term care managed care program. If
141 capacity is limited for individuals with identical priority
142 scores, the individual with the oldest date of placement on the
143 pre-enrollment wait list shall receive priority for release.
144 1. Pursuant to s. 430.2053, aging and disability resource
145 center personnel certified by the Department of Elderly Affairs
146 shall perform the screening for each individual requesting
147 enrollment for home and community-based services through the
148 long-term care managed care program. Aging and disability
149 resource center personnel shall place on and release from the
150 pre-enrollment lists clients eligible for the Alzheimer’s
151 Disease Initiative or the Community Care for the Elderly, Home
152 Care for the Elderly, or Statewide Medicaid Managed Care Long
153 Term Care programs. The Department of Elderly Affairs shall
154 request that the individual or the individual’s authorized
155 representative provide alternate contact names and contact
156 information.
157 2. The individual requesting the long-term care services,
158 or the individual’s authorized representative , must participate
159 in an initial screening or rescreening for placement on the pre
160 enrollment wait list. The screening or rescreening must be
161 completed in its entirety before placement on the pre-enrollment
162 wait list.
163 3. Pursuant to s. 430.2053, staff authorized and certified
164 by the Department of Elderly Affairs aging resource center
165 personnel shall administer rescreening annually or upon
166 notification of a significant change in an individual’s
167 circumstances for an individual with a high priority score.
168 Aging and disability resource center personnel may administer
169 rescreening annually or upon notification of a significant
170 change in an individual’s circumstances for an individual with a
171 low priority score.
172 4. The Department of Elderly Affairs shall adopt by rule a
173 screening tool that generates the priority score and shall make
174 publicly available on its website the specific methodology used
175 to calculate an individual’s priority score.
176 (b) Upon completion of the screening or rescreening
177 process, the Department of Elderly Affairs shall notify the
178 individual or the individual’s authorized representative that
179 the individual has been placed on the pre-enrollment wait list,
180 unless the individual has a low priority score. The Department
181 of Elderly Affairs must maintain contact information for each
182 individual with a low priority score for purposes of any future
183 rescreening. Aging and disability resource center personnel
184 shall inform individuals with low priority scores of community
185 resources available to assist them and inform them that they may
186 contact the aging and disability resource center for a new
187 assessment at any time if they experience a change in
188 circumstances.
189 (c) If the Department of Elderly Affairs is unable to
190 contact the individual or the individual’s authorized
191 representative to schedule an initial screening or rescreening,
192 and documents the actions taken to make such contact, it shall
193 send a letter to the last documented address of the individual
194 or the individual’s authorized representative. The letter must
195 advise the individual or his or her authorized representative
196 that he or she must contact the Department of Elderly Affairs
197 within 30 calendar days after the date of the notice to schedule
198 a screening or rescreening and must notify the individual that
199 failure to complete the screening or rescreening will result in
200 his or her termination from the screening process and the pre
201 enrollment wait list.
202 (d) After notification by the agency of available capacity,
203 the CARES program shall conduct a prerelease assessment. The
204 Department of Elderly Affairs shall release individuals from the
205 pre-enrollment wait list based on the priority scoring process
206 and prerelease assessment results . The aging and disability
207 resource center shall conduct a prerelease assessment. Upon
208 release, individuals who meet all financial and medical
209 eligibility criteria may enroll in the long-term care managed
210 care program.
211 (e) The Department of Elderly Affairs may terminate an
212 individual’s inclusion on the pre-enrollment wait list if the
213 individual:
214 1. Does not have a current priority score due to the
215 individual’s action or inaction;
216 2. Requests to be removed from the pre-enrollment wait
217 list;
218 3. Does not keep an appointment to complete the rescreening
219 without scheduling another appointment and has not responded to
220 three documented attempts by the Department of Elderly Affairs
221 to contact the individual;
222 4. Receives an offer to begin the eligibility determination
223 process for the long-term care managed care program; or
224 5. Begins receiving services through the long-term care
225 managed care program.
227 An individual whose inclusion on the pre-enrollment wait list is
228 terminated must initiate a new request for placement on the pre
229 enrollment wait list, and any previous priority considerations
230 must be disregarded.
231 (f) Notwithstanding this subsection, the following
232 individuals are afforded priority enrollment for home and
233 community-based services through the long-term care managed care
234 program and do not have to complete the screening or pre
235 enrollment list wait-list process if all other long-term care
236 managed care program eligibility requirements are met:
237 1. An individual who is 18, 19, or 20 years of age who has
238 a chronic debilitating disease or condition of one or more
239 physiological or organ systems which generally make the
240 individual dependent upon 24-hour-per-day medical, nursing, or
241 health supervision or intervention.
242 2. A nursing facility resident who requests to transition
243 into the community and who has resided in a Florida-licensed
244 skilled nursing facility for at least 60 consecutive days.
245 3. An individual who is referred by the Department of
246 Children and Families pursuant to the Adult Protective Services
247 Act, ss. 415.101-415.113, as high risk and who is placed in an
248 assisted living facility temporarily funded by the Department of
249 Children and Families.
250 (g) The Department of Elderly Affairs and the agency may
251 adopt rules to implement this subsection.
252 Section 2. Subsection (4) of section 409.983, Florida
253 Statutes, is amended to read:
254 409.983 Long-term care managed care plan payment.—In
255 addition to the payment provisions of s. 409.968, the agency
256 shall provide payment to plans in the long-term care managed
257 care program pursuant to this section.
258 (4) The initial assessment of an enrollee’s level of care
259 shall be reviewed or performed made by the Comprehensive
260 Assessment and Review for Long-Term Care Services (CARES)
261 program, which shall assign the recipient into one of the
262 following levels of care:
263 (a) Level of care 1 consists of recipients residing in or
264 who must be placed in a nursing home.
265 (b) Level of care 2 consists of recipients at imminent risk
266 of nursing home placement, as evidenced by the need for the
267 constant availability of routine medical and nursing treatment
268 and care, and who require extensive health-related care and
269 services because of mental or physical incapacitation.
270 (c) Level of care 3 consists of recipients at imminent risk
271 of nursing home placement, as evidenced by the need for the
272 constant availability of routine medical and nursing treatment
273 and care, who have a limited need for health-related care and
274 services and are mildly medically or physically incapacitated.
276 The agency shall periodically adjust payment rates to account
277 for changes in the level of care profile for each managed care
278 plan based on encounter data.
279 Section 3. Subsection (7) of section 430.03, Florida
280 Statutes, is amended to read:
281 430.03 Purposes.—The purposes of the Department of Elderly
282 Affairs are to:
283 (7) Oversee implementation of federally funded and state
284 funded programs and services for the state’s elderly population.
285 The department may provide direct services for the Community
286 Care for the Elderly Program, Home Care for the Elderly Program,
287 and the Alzheimer’s Disease Initiative only in the event of a
288 state of emergency or in the event a contracted service provider
289 or subcontractor is unable to provide services.
290 Section 4. Present paragraph (g) of subsection (2) of
291 section 430.04, Florida Statutes, is redesignated as paragraph
292 (h), a new paragraph (g) is added to that subsection, and
293 paragraph (f) of that subsection is amended to read:
294 430.04 Duties and responsibilities of the Department of
295 Elderly Affairs.—The Department of Elderly Affairs shall:
296 (2) Be responsible for ensuring that each area agency on
297 aging operates in a manner to ensure that the elderly of this
298 state receive the best services possible. The department shall
299 rescind designation of an area agency on aging or take
300 intermediate measures against the agency, including corrective
301 action, unannounced special monitoring, temporary assumption of
302 operation of one or more programs by the department, placement
303 on probationary status, imposing a moratorium on agency action,
304 imposing financial penalties for nonperformance, or other
305 administrative action pursuant to chapter 120, if the department
306 finds that:
307 (f) The agency has failed to properly determine client
308 eligibility as defined by the department .
309 (g) The agency has failed to or efficiently manage program
310 budgets.
311 Section 5. Section 430.09, Florida Statutes, is created to
312 read:
313 430.09 Area agencies on aging expenditures.—
314 (1) The procurement of commodities or contractual services
315 by an area agency on aging and its subcontractors must comply
316 with applicable state and federal law and follow all
317 regulations.
318 (a) Area agencies on aging shall competitively procure all
319 contracts in excess of $35,000.
320 (b) The department shall impose financial consequences, as
321 established by the department and incorporated into the
322 contract, for noncompliance with applicable local, state, or
323 federal law for the procurement of commodities or contractual
324 services.
325 (2) An administrative employee of an area agency on aging
326 may not receive a salary in excess of 150 percent of the annual
327 salary paid to the secretary of the Department of Elderly
328 Affairs from state-appropriated funds or from state-appropriated
329 federal funds. This limitation applies regardless of the number
330 of contracts an area agency on aging may execute with the
331 department. This subsection does not prohibit any party from
332 providing compensation that is not from state funds to an area
333 agency on aging administrative employee.
334 Section 6. Subsections (3) and (5) and paragraph (c) of
335 subsection (9) of section 430.203, Florida Statutes, are amended
336 to read:
337 430.203 Community care for the elderly; definitions.—As
338 used in ss. 430.201-430.207, the term:
339 (3) “Community care service system” means a service network
340 comprising a variety of home-delivered services, day care
341 services, and other basic services, hereinafter referred to as
342 “core services,” for functionally impaired elderly persons which
343 are provided by or through a designated single lead agency by
344 the area agency on aging . Its purpose is to provide a continuum
345 of care encompassing a full range of preventive, maintenance,
346 and restorative services for functionally impaired elderly
347 persons.
348 (5) “Core services” means a variety of home-delivered
349 services, day care services, and other basic services that may
350 be provided by several entities. Core services are those
351 services that are most needed to prevent unnecessary
352 institutionalization. The area agency on aging shall not
353 directly provide core services.
354 (9) “Lead agency” means an agency designated at least once
355 every 6 years by an area agency on aging as the result of a
356 competitive procurement conducted through a request for
357 proposal.
358 (c) In each community care service system , the lead agency
359 must be given the authority and responsibility to coordinate
360 some or all of the services, either directly or through
361 subcontracts, for functionally impaired elderly persons. These
362 services must include case management, homemaker and chore
363 services, respite care, adult day care, personal care services,
364 home-delivered meals, counseling, information and referral, and
365 emergency home repair services. The lead agency must compile
366 community care statistics and monitor, when applicable,
367 subcontracts with agencies providing core services.
368 Section 7. Subsections (1), (4), (5), and (8) of section
369 430.204, Florida Statutes, are amended to read:
370 430.204 Community-care-for-the-elderly core services;
371 departmental powers and duties.—
372 (1) (a) The department shall fund, through each area agency
373 on aging, at least one community care service system the primary
374 purpose of which is the prevention of unnecessary
375 institutionalization of functionally impaired elderly persons
376 through the provision of community-based core services. Whenever
377 feasible, an area agency on aging shall be the contracting
378 agency of preference to engage only in the planning and funding
379 of community-care-for-the-elderly core services for functionally
380 impaired elderly persons.
381 (b) The department shall fund, through each area agency on
382 aging in each county as defined in s. 125.011(1), more than one
383 community care service system the primary purpose of which is
384 the prevention of unnecessary institutionalization of
385 functionally impaired elderly persons through the provision of
386 community-based core services.
387 (4) The department or contracting agency shall contract for
388 the provision of the core services required by a community care
389 service area. The area agency on aging may not directly provide
390 core services unless the designated lead agency is unable to
391 perform its duties or in the event of a state of emergency and
392 the department approves.
393 (5) Entities contracting to provide core services under ss.
394 430.201-430.207 must provide a minimum of 10 percent of the
395 funding necessary for the support of project operations. In-kind
396 contributions, whether materials, commodities, transportation,
397 office space, other types of facilities, or personal services,
398 and contributions of money or services from functionally
399 impaired elderly persons may be evaluated and counted as part or
400 all of the required local funding.
401 (8) Provider agencies are responsible for the collection of
402 fees for services in accordance with rules adopted by the
403 department. Provider agencies shall assess fees for services
404 rendered in accordance with those rules. To help pay for
405 services received from community care for the elderly, a
406 functionally impaired elderly person shall be assessed a fee
407 based on an overall ability to pay. The fee to be assessed shall
408 be fixed according to a schedule established by the department
409 in cooperation with area agencies, lead agencies, and service
410 providers.
411 Section 8. Subsections (1), (2), and (4) and paragraph (a)
412 of subsection (5) of section 430.205, Florida Statutes, are
413 amended to read:
414 430.205 Community care service system.—
415 (1) (a) The department, through the area agency on aging,
416 shall fund in each planning and service area at least one
417 community care service system that provides case management and
418 other in-home and community services as needed to help the older
419 person maintain independence and prevent or delay more costly
420 institutional care.
421 (b) The department shall fund, through the area agency on
422 aging in each county as defined in s. 125.011(1), more than one
423 community care service system that provides case management and
424 other in-home and community services as needed to help elderly
425 persons maintain independence and prevent or delay more costly
426 institutional care.
427 (2) Core services and other support services may be
428 furnished by public or private agencies or organizations. Each
429 community care service system must be under the direction of a
430 lead agency that coordinates the activities of individual
431 contracting agencies providing community-care-for-the-elderly
432 services. When practicable, the activities of a community care
433 service area may be directed from a multiservice senior center,
434 as defined in s. 430.901, and coordinated with other services
435 offered therein. This subsection does not require programs in
436 existence prior to the effective date of this act to be
437 relocated.
438 (4) A preservice and annual inservice training program for
439 community-care-for-the-elderly service providers and staff may
440 be designed and implemented to help assure the delivery of
441 quality services. The department shall specify in rules the
442 training standards and requirements for the community-care-for
443 the-elderly service providers and staff. Training must be
444 sufficient to ensure that quality services are provided to
445 clients and that appropriate skills are developed to conduct the
446 program.
447 (5) Any person who has been classified as a functionally
448 impaired elderly person is eligible to receive community-care
449 for-the-elderly core services.
450 (a) Those elderly persons who are determined by protective
451 investigations to be high risk vulnerable adults in need of
452 services, pursuant to s. 415.104(3)(b), or to be victims of
453 abuse, neglect, or exploitation who are in need of immediate
454 services to prevent further harm and are referred by the adult
455 protective services program, shall be given priority primary
456 consideration for receiving community-care-for-the-elderly
457 services. As used in this paragraph, the term “ priority primary
458 consideration” means that an assessment and services must
459 commence within 72 hours after referral to the department or as
460 established in accordance with department contracts by local
461 protocols developed between department service providers and the
462 adult protective services program. Regardless, a community-care
463 for-the-elderly services provider may dispute a referral under
464 this paragraph by requesting that adult protective services
465 negotiate the referral placement of, and the services to be
466 provided to, a vulnerable adult or victim of abuse, neglect, or
467 exploitation. If an agreement cannot be reached with adult
468 protective services for modification of the referral decision,
469 the determination by adult protective services shall prevail.
470 Section 9. Section 430.2053, Florida Statutes, is amended
471 to read:
472 430.2053 Aging and disability resource centers.—
473 (1) The department, in consultation with the Agency for
474 Health Care Administration and the Department of Children and
475 Families, shall develop pilot projects for aging and disability
476 resource centers.
477 (2) The purposes of an aging and disability resource center
478 are shall be :
479 (a) To provide Florida’s elders , adults with disabilities,
480 and their families with a locally focused, coordinated approach
481 to integrating information and referral for all available
482 services for persons elders with the eligibility determination
483 entities for state and federally funded long-term-care services.
484 (b) To provide for easier access to long-term-care services
485 by Florida’s elders , adults with disabilities, and their
486 families by creating multiple access points to the long-term
487 care network that flow through one established entity with wide
488 community recognition.
489 (3) The duties of an aging and disability resource center
490 are to:
491 (a) Develop referral agreements with local community
492 service organizations, such as senior centers, existing elder
493 service providers, volunteer associations, and other similar
494 organizations, to better assist clients who do not need or do
495 not wish to enroll in programs funded by the department or the
496 agency. The referral agreements must also include a protocol,
497 developed and approved by the department, which provides
498 specific actions that an aging and disability resource center
499 and local community service organizations must take when a
500 person or a person’s an elder or an elder’s representative
501 seeking information on long-term-care services contacts a local
502 community service organization before prior to contacting the
503 aging and disability resource center. The protocol shall be
504 designed to ensure that persons elders and their families are
505 able to access information and services in the most efficient
506 and least cumbersome manner possible.
507 (b) Provide an initial screening of all clients who request
508 long-term-care services to determine whether the person would be
509 most appropriately served through any combination of federally
510 funded programs, state-funded programs, locally funded or
511 community volunteer programs, or private funding for services.
512 (c) Determine eligibility for the programs and services
513 listed in subsection (9) for persons residing within the
514 geographic area served by the aging and disability resource
515 center and determine a priority ranking for services which is
516 based upon the potential recipient’s frailty level and
517 likelihood of institutional placement without such services.
518 (d) Place on and release from the pre-enrollment lists
519 clients eligible for the Alzheimer’s Disease Initiative or the
520 Community Care for the Elderly, Home Care for the Elderly, or
521 Statewide Medicaid Managed Care Long-term Care programs.
522 (e) Manage the availability of financial resources for the
523 programs and services listed in subsection (9) for persons
524 residing within the geographic area served by the aging and
525 disability resource center.
526 (f) (e) When financial resources become available, refer a
527 client to the most appropriate entity to begin receiving
528 services. The aging and disability resource center shall make
529 referrals to lead agencies for service provision that ensure
530 that persons individuals who are vulnerable adults in need of
531 services pursuant to s. 415.104(3)(b), or who are victims of
532 abuse, neglect, or exploitation in need of immediate services to
533 prevent further harm and are referred by the adult protective
534 services program, are given priority primary consideration for
535 receiving community-care-for-the-elderly services in compliance
536 with the requirements of s. 430.205(5)(a) and that other
537 referrals for services are in compliance with s. 430.205(5)(b).
538 (f) Convene a work group to advise in the planning,
539 implementation, and evaluation of the aging resource center. The
540 work group shall be comprised of representatives of local
541 service providers, Alzheimer’s Association chapters, housing
542 authorities, social service organizations, advocacy groups,
543 representatives of clients receiving services through the aging
544 resource center, and any other persons or groups as determined
545 by the department. The aging resource center, in consultation
546 with the work group, must develop annual program improvement
547 plans that shall be submitted to the department for
548 consideration. The department shall review each annual
549 improvement plan and make recommendations on how to implement
550 the components of the plan.
551 (g) Enhance the existing area agency on aging in each
552 planning and service area by integrating, either physically or
553 virtually, the staff and services of the area agency on aging
554 with the staff of the department’s local CARES Medicaid
555 preadmission screening unit and a sufficient number of staff
556 from the Department of Children and Families’ Economic Self
557 Sufficiency Unit necessary to determine the financial
558 eligibility for all persons age 60 and older residing within the
559 area served by the aging and disability resource center that are
560 seeking Medicaid services, Supplemental Security Income, and
561 food assistance.
562 (h) Assist clients who request long-term care services in
563 being evaluated for eligibility for enrollment in the Medicaid
564 long-term care managed care program as eligible plans become
565 available in each of the regions pursuant to s. 409.981(2).
566 (i) Provide enrollment and coverage information to Medicaid
567 managed long-term care enrollees as qualified plans become
568 available in each of the regions pursuant to s. 409.981(2).
569 (j) Assist Medicaid recipients enrolled in the Medicaid
570 long-term care managed care program with informally resolving
571 grievances with a managed care network and assist Medicaid
572 recipients in accessing the managed care network’s formal
573 grievance process as eligible plans become available in each of
574 the regions defined in s. 409.981(2).
575 (4) The department shall select the entities to become
576 aging and disability resource centers based on each entity’s
577 readiness and ability to perform the duties listed in subsection
578 (3) and the entity’s:
579 (a) Expertise in the needs of each target population the
580 center proposes to serve and a thorough knowledge of the
581 providers that serve these populations.
582 (b) Strong connections to service providers, volunteer
583 agencies, and community institutions.
584 (c) Expertise in information and referral activities.
585 (d) Knowledge of long-term-care resources, including
586 resources designed to provide services in the least restrictive
587 setting.
588 (e) Financial solvency and stability.
589 (f) Ability to collect, monitor, and analyze data in a
590 timely and accurate manner, along with systems that meet the
591 department’s standards.
592 (g) Commitment to adequate staffing by qualified personnel
593 to effectively perform all functions.
594 (h) Ability to meet all performance standards established
595 by the department.
596 (5) The aging and disability resource center shall have a
597 governing body which shall be the same entity described in s.
598 20.41(7), and an executive director who may be the same person
599 as described in s. 20.41(7). The governing body shall annually
600 evaluate the performance of the executive director.
601 (6) The aging and disability resource center may not be a
602 provider of direct services other than information and referral
603 services, outreach, and screening , and intake. The aging and
604 disability resource center must receive a waiver from the
605 department to be the provider of any other direct services .
606 (7) The aging and disability resource center must agree to
607 allow the department to review any financial information the
608 department determines is necessary for monitoring or reporting
609 purposes, including financial relationships.
610 (8) The duties and responsibilities of the community care
611 for the elderly lead agencies within each area served by an
612 aging and disability resource center shall be to:
613 (a) Develop strong community partnerships to maximize the
614 use of community resources for the purpose of assisting persons
615 elders to remain in their community settings for as long as it
616 is safely possible.
617 (b) Conduct comprehensive assessments of clients that have
618 been determined eligible and develop a care plan consistent with
619 established protocols that ensures that the unique needs of each
620 client are met.
621 (9) The services to be administered through the aging and
622 disability resource center shall include those funded by the
623 following programs:
624 (a) Community care for the elderly.
625 (b) Home care for the elderly.
626 (c) Contracted services.
627 (d) Alzheimer’s Disease Initiative.
628 (e) Older Americans Act.
629 (10) The department shall, before prior to designation of
630 an aging and disability resource center, develop by rule
631 operational and quality assurance standards and outcome measures
632 to ensure that clients receiving services through all long-term
633 care programs administered through an aging and disability
634 resource center are receiving the appropriate care they require
635 and that contractors and subcontractors are adhering to the
636 terms of their contracts and are acting in the best interests of
637 the clients they are serving, consistent with the intent of the
638 Legislature to reduce the use of and cost of nursing home care.
639 The department shall by rule provide operating procedures for
640 aging and disability resource centers, which shall include:
641 (a) Minimum standards for financial operation, including
642 audit procedures.
643 (b) Procedures for monitoring and sanctioning of service
644 providers.
645 (c) Minimum standards for technology utilized by the aging
646 and disability resource center.
647 (d) Minimum staff requirements which shall ensure that the
648 aging and disability resource center employs sufficient quality
649 and quantity of staff to adequately meet the needs of the elders
650 residing within the area served by the aging and disability
651 resource center.
652 (e) Minimum accessibility standards, including hours of
653 operation.
654 (f) Minimum oversight standards for the governing body of
655 the aging and disability resource center to ensure its
656 continuous involvement in, and accountability for, all matters
657 related to the development, implementation, staffing,
658 administration, and operations of the aging and disability
659 resource center.
660 (g) Minimum education and experience requirements for
661 executive directors and other executive staff positions of aging
662 and disability resource centers.
663 (h) Minimum requirements regarding any executive staff
664 positions that the aging and disability resource center must
665 employ and minimum requirements that a candidate must meet in
666 order to be eligible for appointment to such positions.
667 (11) In an area in which the department has designated an
668 area agency on aging as an aging and disability resource center,
669 the department and the agency may shall not make payments for
670 the services listed in subsection (9) and the Statewide Medicaid
671 Managed Care Long-term Care Program Long-Term Care Community
672 Diversion Project for such persons who were not screened and
673 enrolled through the aging and disability resource center. The
674 department shall cease making payments for recipients in
675 eligible plans as eligible plans become available in each of the
676 regions defined in s. 409.981(2).
677 (12) Each aging and disability resource center shall enter
678 into a memorandum of understanding with the department for
679 collaboration with the CARES unit staff. The memorandum of
680 understanding shall outline the staff person responsible for
681 each function and shall provide the staffing levels necessary to
682 carry out the functions of the aging and disability resource
683 center.
684 (13) Each aging and disability resource center shall enter
685 into a memorandum of understanding with the Department of
686 Children and Families for collaboration with the Economic Self
687 Sufficiency Unit staff. The memorandum of understanding shall
688 outline which staff persons are responsible for which functions
689 and shall provide the staffing levels necessary to carry out the
690 functions of the aging and disability resource center.
691 (14) If any of the state activities described in this
692 section are outsourced, either in part or in whole, the contract
693 executing the outsourcing shall mandate that the contractor or
694 its subcontractors shall, either physically or virtually,
695 execute the provisions of the memorandum of understanding
696 instead of the state entity whose function the contractor or
697 subcontractor now performs.
698 (15) (a) In order to be eligible to begin transitioning to
699 an aging resource center, an area agency on aging board must
700 ensure that the area agency on aging which it oversees meets all
701 of the minimum requirements set by law and in rule.
702 (16)(a) Once an aging resource center is operational, The
703 department, in consultation with the aging and disability
704 resource center agency , may develop capitation rates for any of
705 the programs administered through the agency aging resource
706 center . Capitation rates for programs shall be based on the
707 historical cost experience of the state in providing those same
708 services to the population age 60 or older residing within each
709 area served by an aging and disability resource center. Each
710 capitated rate may vary by geographic area as determined by the
711 department.
712 (b) The department and the agency may determine for each
713 area served by an aging and disability resource center whether
714 it is appropriate, consistent with federal and state laws and
715 regulations, to develop and pay separate capitated rates for
716 each program administered through the aging and disability
717 resource center or to develop and pay capitated rates for
718 service packages which include more than one program or service
719 administered through the aging and disability resource center.
720 (c) Once capitation rates have been developed and certified
721 as actuarially sound, the department and the agency may pay
722 service providers the capitated rates for services when
723 appropriate.
724 (d) The department, in consultation with the agency, shall
725 annually reevaluate and recertify the capitation rates,
726 adjusting forward to account for inflation, programmatic
727 changes.
728 (16) (17) This section does shall not be construed to allow
729 an aging and disability resource center to restrict, manage, or
730 impede the local fundraising activities of service providers.
731 Section 10. Section 430.503, Florida Statutes, is amended
732 to read:
733 430.503 Alzheimer’s Disease Initiative; short title fees
734 and administrative expense .—
735 (1) Sections 430.501-430.504 may be cited as the
736 “Alzheimer’s Disease Initiative.”
737 (2) Provider agencies are responsible for the collection of
738 fees for services in accordance with rules adopted by the
739 department. Provider agencies shall assess fees for services
740 rendered in accordance with those rules. To help pay for
741 services received pursuant to the Alzheimer’s Disease
742 Initiative, a functionally impaired elderly person shall be
743 assessed a fee based on an overall ability to pay. The fee to be
744 assessed shall be fixed according to a schedule to be
745 established by the department. Services of specified value may
746 be accepted in lieu of a fee. The fee schedule shall be
747 developed in cooperation with the Alzheimer’s Disease Advisory
748 Committee, area agencies on aging, and service providers.
749 Section 11. Subsection (3) of section 430.605, Florida
750 Statutes, is amended to read:
751 430.605 Subsidy payments.—The department shall develop a
752 schedule of subsidy payments to be made to persons providing
753 home care, and to providers of goods and services, for certain
754 eligible elderly persons. Payments must be based on the
755 financial status of the person receiving care. Payments must
756 include, but need not be limited to:
757 (3) When necessary, special supplements to provide for any
758 goods and services , including food and nutritional supplements,
759 and specialized care required to maintain the health , safety,
760 and well-being of the elderly person. Extraordinary medical,
761 dental, or pharmaceutical expenses may be paid as a special
762 supplement.
763 Section 12. Section 430.72, Florida Statutes, is created to
764 read:
765 430.72 Florida Alzheimer’s Center of Excellence.—
766 (1) PURPOSE AND INTENT.—
767 (a) The purpose of this section is to assist and support
768 persons with Alzheimer’s disease or related forms of dementia
769 and their caregivers by connecting them with resources in their
770 communities. The Legislature intends to create a holistic care
771 model for persons with Alzheimer’s disease or related forms of
772 dementia and their caregivers to address two primary goals:
773 1. To allow Floridians living with Alzheimer’s disease or
774 related forms of dementia to age in place.
775 2. To empower family caregivers to improve their own well
776 being.
777 (b) The development of innovative approaches to program
778 management, staff training, and service delivery which have an
779 impact on cost-avoidance, cost-effectiveness, and program
780 efficiency is encouraged.
781 (2) DEFINITIONS.—As used in this section, the term:
782 (a) “Center” means the Florida Alzheimer’s Center of
783 Excellence.
784 (b) “Department” means the Department of Elderly Affairs.
785 (3) POWERS AND DUTIES.—
786 (a) There is created within the department the Florida
787 Alzheimer’s Center of Excellence, which shall be responsible for
788 improving the quality of care for persons living with
789 Alzheimer’s disease or related forms of dementia and improved
790 quality of life for family caregivers.
791 (b) The center shall aim to address, at a minimum, all of
792 the following:
793 1. Early and accurate diagnosis.
794 2. Caregiver health.
795 3. Improved access to care.
796 4. Health care use costs.
797 5. Strengthening a dementia-capable workforce.
798 6. Underreporting of Alzheimer’s disease and related forms
799 of dementia.
800 7. Disparities in access to dementia care.
801 (c) The center shall provide caregivers access to services,
802 including, but not limited to, all of the following:
803 1. Care consultation.
804 2. Support groups.
805 3. Education and training programs.
806 4. Caregiver support services such as:
807 a. Caregiver companions.
808 b. Caregiver wellness programs.
809 c. Care support teams.
810 d. Technology-based services.
811 e. Coordinating or monitoring care and services.
812 f. Assistance in obtaining diagnosis or prognosis of
813 dementia.
814 g. Assistance in obtaining end-of-life care.
815 h. Assistance connecting to resources for medical care.
816 i. Assistance with planning for current or future care.
817 j. Guidance for coping with relationship changes for
818 persons with dementia and their caregivers.
819 k. Skills for communicating with persons with dementia.
820 l. Understanding or managing behavioral symptoms of
821 dementia.
822 (d) The center shall work with area agencies on aging; the
823 Alzheimer’s Disease Advisory Committee; the Alzheimer’s Disease
824 Initiative, including the state-funded memory disorder clinics;
825 the Dementia Care and Cure Initiative; universities; hospitals;
826 and other available community resources to ensure full use of
827 the state’s infrastructure.
828 (e) As necessary to fulfill its duties under this section,
829 the center may provide direct services or contract for the
830 provision of services.
831 (4) ELIGIBILITY FOR SERVICES.—
832 (a) Persons seeking assistance from the center must meet
833 all of the following criteria to be eligible for services:
834 1. At least one person in the household is a caregiver for
835 a person who has been diagnosed with, or is suspected of having,
836 Alzheimer’s disease or a related form of dementia.
837 2. The caregiver or person diagnosed with, or suspected of
838 having, Alzheimer’s disease or a related form of dementia is a
839 resident of this state.
840 3. Have the goal of providing in-home care for the person
841 who has been diagnosed with, or is suspected of having,
842 Alzheimer’s disease or a related form of dementia.
843 (b) If the person seeking assistance meets the criteria in
844 paragraph (a), the center may provide assistance to the
845 caregiving family, subject to the availability of funds and
846 resources.
847 Section 13. Subsection (2) of section 430.901, Florida
848 Statutes, is amended to read:
849 430.901 Multiservice senior center; definition; purpose.—A
850 “multiservice senior center” is:
851 (2) An entity that may partner with an aging and disability
852 resource center to provide for easier access to long-term care
853 services by seniors and their families who reside within the
854 local community.
855 Section 14. Subsection (3) of section 744.2003, Florida
856 Statutes, is amended to read:
857 744.2003 Regulation of professional guardians; application;
858 bond required; educational requirements.—
859 (3) Each professional guardian as defined in s. 744.102(17)
860 and public guardian must receive a minimum of 40 hours of
861 instruction and training. Each professional guardian must
862 receive a minimum of 30 hours of continuing education every 2
863 calendar years after the year in which the initial 40-hour
864 educational requirement is met. The required continuing
865 education must include at least 2 hours on fiduciary
866 responsibilities; 2 hours on professional ethics; 1 hour on
867 advance directives; 1 hour on Alzheimer’s disease and related
868 dementias; 3 hours on abuse, neglect, and exploitation; and 3 4
869 hours on guardianship law. The instruction and education must be
870 completed through a course approved or offered by the Office of
871 Public and Professional Guardians. The expenses incurred to
872 satisfy the educational requirements prescribed in this section
873 may not be paid with the assets of any ward. This subsection
874 does not apply to any attorney licensed to practice law in this
875 state or an institution acting as guardian under s. 744.2002(7).
876 Section 15. Subsection (2) of section 744.2004, Florida
877 Statutes, is amended to read:
878 744.2004 Complaints; disciplinary proceedings; penalties;
879 enforcement.—
880 (2) The Office of Public and Professional Guardians shall
881 establish disciplinary proceedings, conduct hearings, and take
882 administrative action pursuant to chapter 120. Disciplinary
883 actions may include, but are not limited to, requiring a
884 professional guardian to participate in additional educational
885 courses provided or approved by the Office of Public and
886 Professional Guardians, imposing additional monitoring by the
887 Office of Public and Professional Guardians, imposing a fine
888 office of the guardianships to which the professional guardian
889 is appointed , and suspension or revocation of a professional
890 guardian’s registration.
891 Section 16. Paragraph (g) is added to subsection (2) of
892 section 744.20041, Florida Statutes, to read:
893 744.20041 Grounds for discipline; penalties; enforcement.—
894 (2) When the Office of Public and Professional Guardians
895 finds a professional guardian guilty of violating subsection
896 (1), it may enter an order imposing one or more of the following
897 penalties:
898 (g) Requirement that the professional guardian pay a fine,
899 not to exceed $500 per violation.
900 Section 17. Present subsection (2) of section 744.2104,
901 Florida Statutes, is redesignated as subsection (4), and a new
902 subsection (2) and subsection (3) are added to that section, to
903 read:
904 744.2104 Access to records by the Office of Public and
905 Professional Guardians; confidentiality.—
906 (2) In conducting an investigation, the Office of Public
907 and Professional Guardians may issue subpoenas duces tecum to
908 financial institutions, insurance companies, the ward’s
909 caregivers, any facility in which the ward is residing or has
910 resided, and the facility’s professional guardians or employees
911 to compel the production of records relevant to the
912 investigation conducted by the office.
913 (3) If there is substantial noncompliance with a subpoena
914 duces tecum issued by the Office of Public and Professional
915 Guardians, the office may petition the court in the county in
916 which the noncompliant person resides or has her or his place of
917 business for an order requiring the person to produce such
918 records as specified in the subpoena duces tecum.
919 Section 18. For the purpose of incorporating the amendment
920 made by this act to section 430.204, Florida Statutes, in a
921 reference thereto, subsection (4) of section 110.501, Florida
922 Statutes, is reenacted to read:
923 110.501 Definitions.—As used in this act:
924 (4) “Volunteer” means any person who, of his or her own
925 free will, provides goods or services, or conveys an interest in
926 or otherwise consents to the use of real property pursuant to
927 chapter 260, to any state department or agency, or nonprofit
928 organization, with no monetary or material compensation. A
929 person registered and serving in Older American Volunteer
930 Programs authorized by the Domestic Volunteer Service Act of
931 1973, as amended (Pub. L. No. 93-113), shall also be defined as
932 a volunteer and shall incur no civil liability as provided by s.
933 768.1355. A volunteer shall be eligible for payment of volunteer
934 benefits as specified in Pub. L. No. 93-113, this section, and
935 s. 430.204.
936 Section 19. For the purpose of incorporating the amendment
937 made by this act to section 430.503, Florida Statutes, in a
938 reference thereto, section 430.504, Florida Statutes, is
939 reenacted to read:
940 430.504 Confidentiality of information.—Information about
941 clients of programs created or funded under s. 430.501 or s.
942 430.503 which is received through files, reports, inspections,
943 or otherwise, by the department or by authorized departmental
944 employees, by persons who volunteer services, or by persons who
945 provide services to clients of programs created or funded under
946 s. 430.501 or s. 430.503 through contracts with the department
947 is confidential and exempt from the provisions of s. 119.07(1).
948 Such information may not be disclosed publicly in such a manner
949 as to identify a person who receives services under s. 430.501
950 or s. 430.503, unless that person or that person’s legal
951 guardian provides written consent.
952 Section 20. For the purpose of incorporating the amendment
953 made by this act to section 430.605, Florida Statutes, in a
954 reference thereto, section 430.603, Florida Statutes, is
955 reenacted to read:
956 430.603 Home care for the elderly; rules.—The department
957 shall by rule establish minimum standards and procedures for the
958 provision of home care for the elderly and for the approval of
959 persons seeking to provide such care. Any person who is approved
960 to provide care, goods, or services for an elderly person shall
961 be eligible for the subsidy payments described in s. 430.605.
962 However, the home care for the elderly program must be operated
963 within the funds appropriated by the Legislature.
964 Section 21. This act shall take effect July 1, 2026.