reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 409 - Social and Economic Assistance › Part IV - Medicaid Managed Care (Ss. 409.961-409.9855) › 409.968 - Managed care plan payments.

409.968 Managed care plan payments.—
(1) Prepaid plans shall receive per-member, per-month payments negotiated pursuant to the procurements described in s. 409.966. Payments shall be risk-adjusted rates based on historical utilization and spending data, projected forward, and adjusted to reflect the eligibility category, geographic area, and clinical risk profile of the recipients. In negotiating rates with the plans, the agency shall consider any adjustments necessary to encourage plans to use the most cost-effective modalities for treatment of chronic disease such as peritoneal dialysis.
(2) Provider service networks must be prepaid plans and receive per-member, per-month payments negotiated pursuant to the procurement process described in s. 409.966.
(3) Reimbursement for prescribed pediatric extended care services provided to children enrolled in a managed care plan under s. 409.972(1)(g) shall be paid to the prescribed pediatric extended care services provider by the agency on a fee-for-service basis.
(4)(a) Subject to a specific appropriation and federal approval under s. 409.906(13)(d), the agency shall establish a payment methodology to fund managed care plans for flexible services for persons with severe mental illness and substance use disorders, including, but not limited to, temporary housing assistance. A managed care plan eligible for these payments must do all of the following:
1. Participate as a specialty plan for severe mental illness or substance use disorders or participate in counties designated by the General Appropriations Act;
2. Include providers of behavioral health services pursuant to chapters 394 and 397 in the managed care plan’s provider network; and
3. Document a capability to provide housing assistance through agreements with housing providers, relationships with local housing coalitions, and other appropriate arrangements.
(b) After receiving payments authorized by this subsection for at least 1 year, a managed care plan must document the results of its efforts to maintain the target population in stable housing up to the maximum duration allowed under federal approval.
(5) The agency may not approve any plan request for a rate increase unless sufficient funds to support the increase have been authorized in the General Appropriations Act.
History.—s. 9, ch. 2011-134; s. 5, ch. 2014-57; s. 22, ch. 2016-65; s. 25, ch. 2017-129; s. 41, ch. 2020-114; s. 18, ch. 2022-5; s. 6, ch. 2022-42.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 409 - Social and Economic Assistance › Part IV - Medicaid Managed Care (Ss. 409.961-409.9855) › 409.969 - Enrollment; disenrollment.

409.969 Enrollment; disenrollment.—
(1) ENROLLMENT.—All Medicaid recipients shall be enrolled in a managed care plan unless specifically exempted under this part. Each recipient shall have a choice of plans and may select any available plan unless that plan is restricted by contract to a specific population that does not include the recipient. Medicaid recipients shall have 30 days in which to make a choice of plans.
(2) DISENROLLMENT; GRIEVANCES.—After a recipient has enrolled in a managed care plan, the recipient shall have 90 days to voluntarily disenroll and select another plan. After 90 days, no further changes may be made except for good cause. For purposes of this section, the term “good cause” includes, but is not limited to, poor quality of care, lack of access to necessary specialty services, an unreasonable delay or denial of service, or fraudulent enrollment. The agency must make a determination as to whether good cause exists. The agency may require a recipient to use the plan’s grievance process before the agency’s determination of good cause, except in cases in which immediate risk of permanent damage to the recipient’s health is alleged.
(a) The managed care plan internal grievance process, when used, must be completed in time to permit the recipient to disenroll by the first day of the second month after the month the disenrollment request was made. If the result of the grievance process is approval of an enrollee’s request to disenroll, the agency is not required to make a determination in the case.
(b) The agency must make a determination and take final action on a recipient’s request so that disenrollment occurs no later than the first day of the second month after the month the request was made. If the agency fails to act within the specified timeframe, the recipient’s request to disenroll is deemed to be approved as of the date agency action was required. Recipients who disagree with the agency’s finding that good cause does not exist for disenrollment shall be advised of their right to pursue a Medicaid fair hearing to dispute the agency’s finding.
(c) Medicaid recipients enrolled in a managed care plan after the 90-day period shall remain in the plan for the remainder of the 12-month period. After 12 months, the recipient may select another plan. However, nothing shall prevent a Medicaid recipient from changing providers within the plan during that period.
(d) On the first day of the month after receiving notice from a recipient that the recipient has moved to another region, the agency shall automatically disenroll the recipient from the managed care plan the recipient is currently enrolled in and treat the recipient as if the recipient is a new Medicaid enrollee. At that time, the recipient may choose another plan pursuant to the enrollment process established in this section.
(e) The agency must monitor plan disenrollment throughout the contract term to identify any discriminatory practices.
History.—s. 10, ch. 2011-134.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 409 - Social and Economic Assistance › Part IV - Medicaid Managed Care (Ss. 409.961-409.9855) › 409.971 - Managed medical assistance program.

409.971 Managed medical assistance program.—The agency shall make payments for primary and acute medical assistance and related services using a managed care model.
History.—s. 12, ch. 2011-134; s. 102, ch. 2020-2.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 409 - Social and Economic Assistance › Part IV - Medicaid Managed Care (Ss. 409.961-409.9855) › 409.972 - Mandatory and voluntary enrollment.

409.972 Mandatory and voluntary enrollment.—
(1) The following Medicaid-eligible persons are exempt from mandatory managed care enrollment required by s. 409.965, and may voluntarily choose to participate in the managed medical assistance program:
(a) Medicaid recipients who have other creditable health care coverage, excluding Medicare.
(b) Medicaid recipients residing in residential commitment facilities operated through the Department of Juvenile Justice or a treatment facility as defined in s. 394.455(49).
(c) Persons eligible for refugee assistance.
(d) Medicaid recipients who are residents of a developmental disability center, including Sunland Center in Marianna and Tacachale in Gainesville.
(e) Medicaid recipients enrolled in the home and community based services waiver pursuant to chapter 393, and Medicaid recipients waiting for waiver services.
(f) Medicaid recipients residing in a group home facility licensed under chapter 393.
(g) Children receiving services in a prescribed pediatric extended care center.
(2) Persons eligible for Medicaid but exempt from mandatory participation who do not choose to enroll in managed care shall be served in the Medicaid fee-for-service program as provided under part III of this chapter.
(3) The agency shall seek federal approval to require Medicaid recipients enrolled in managed care plans, as a condition of Medicaid eligibility, to pay the Medicaid program a share of the premium of $10 per month.
History.—s. 13, ch. 2011-134; s. 51, ch. 2012-5; s. 6, ch. 2014-57; s. 29, ch. 2014-224; s. 76, ch. 2016-241; s. 21, ch. 2020-39; s. 11, ch. 2022-36.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 409 - Social and Economic Assistance › Part IV - Medicaid Managed Care (Ss. 409.961-409.9855) › 409.976 - Managed care plan payment.

409.976 Managed care plan payment.—In addition to the payment provisions of s. 409.968, the agency shall provide payment to plans in the managed medical assistance program pursuant to this section.
(1) Prepaid payment rates shall be negotiated between the agency and the eligible plans as part of the procurement process described in s. 409.966.
(2) The agency shall establish payment rates for statewide inpatient psychiatric programs. Payments to managed care plans shall be reconciled to reimburse actual payments to statewide inpatient psychiatric programs.
History.—s. 17, ch. 2011-134.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 409 - Social and Economic Assistance › Part IV - Medicaid Managed Care (Ss. 409.961-409.9855) › 409.978 - Long-term care managed care program.

409.978 Long-term care managed care program.—
(1) Pursuant to s. 409.963, the agency shall administer the long-term care managed care program described in ss. 409.978-409.985, but may delegate specific duties and responsibilities for the program to the Department of Elderly Affairs and other state agencies.
(2) The agency shall make payments for long-term care, including home and community-based services, using a managed care model. Unless otherwise specified, ss. 409.961-409.969 apply to the long-term care managed care program.
(3) The Department of Elderly Affairs shall assist the agency to develop specifications for use in the invitation to negotiate and the model contract, determine clinical eligibility for enrollment in managed long-term care plans, monitor plan performance and measure quality of service delivery, assist clients and families to address complaints with the plans, facilitate working relationships between plans and providers serving elders and disabled adults, and perform other functions specified in a memorandum of agreement.
History.—s. 19, ch. 2011-134; s. 52, ch. 2016-10; s. 103, ch. 2020-2.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 409 - Social and Economic Assistance › Part IV - Medicaid Managed Care (Ss. 409.961-409.9855) › 409.98 - Long-term care plan benefits.

409.98 Long-term care plan benefits.—Long-term care plans shall, at a minimum, cover the following:
(1) Nursing facility care.
(2) Services provided in assisted living facilities.
(3) Hospice.
(4) Adult day care.
(5) Medical equipment and supplies, including incontinence supplies.
(6) Personal care.
(7) Home accessibility adaptation.
(8) Behavior management.
(9) Home-delivered meals.
(10) Case management.
(11) Therapies:
(a) Occupational therapy.
(b) Speech therapy.
(c) Respiratory therapy.
(d) Physical therapy.
(12) Intermittent and skilled nursing.
(13) Medication administration.
(14) Medication management.
(15) Nutritional assessment and risk reduction.
(16) Caregiver training.
(17) Respite care.
(18) Transportation.
(19) Personal emergency response system.
History.—s. 21, ch. 2011-134.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 409 - Social and Economic Assistance › Part IV - Medicaid Managed Care (Ss. 409.961-409.9855) › 409.984 - Enrollment in a long-term care managed care plan.

409.984 Enrollment in a long-term care managed care plan.—
(1) The agency shall automatically enroll into a long-term care managed care plan those Medicaid recipients who do not voluntarily choose a plan pursuant to s. 409.969. The agency shall automatically enroll recipients in plans that meet or exceed the performance or quality standards established pursuant to s. 409.967 and may not automatically enroll recipients in a plan that is deficient in those performance or quality standards. If a recipient is deemed dually eligible for Medicaid and Medicare services and is currently receiving Medicare services from an entity qualified under 42 C.F.R. part 422 as a Medicare Advantage Preferred Provider Organization, Medicare Advantage Provider-sponsored Organization, or Medicare Advantage Special Needs Plan, the agency shall automatically enroll the recipient in such plan for Medicaid services if the plan is currently participating in the long-term care managed care program. Except as otherwise provided in this part, the agency may not engage in practices that are designed to favor one managed care plan over another.
(2) When automatically enrolling recipients in plans, the agency shall take into account the following criteria:
(a) Whether the plan has sufficient network capacity to meet the needs of the recipients.
(b) Whether the recipient has previously received services from one of the plan’s home and community-based service providers.
(c) Whether the home and community-based providers in one plan are more geographically accessible to the recipient’s residence than those in other plans.
(3) Notwithstanding s. 409.969(2), if a recipient is referred for hospice services, the recipient has 30 days during which the recipient may select to enroll in another managed care plan to access the hospice provider of the recipient’s choice.
(4) If a recipient is referred for placement in a nursing home or assisted living facility, the plan must inform the recipient of any facilities within the plan that have specific cultural or religious affiliations and, if requested by the recipient, make a reasonable effort to place the recipient in the facility of the recipient’s choice.
History.—s. 25, ch. 2011-134; s. 56, ch. 2012-5; ss. 45, 46, ch. 2020-114.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 409 - Social and Economic Assistance › Part V - Community-Based Child Welfare (Ss. 409.986-409.997) › 409.992 - Lead agency expenditures.

409.992 Lead agency expenditures.—
(1) The procurement of commodities or contractual services by lead agencies shall be governed by the financial guidelines developed by the department and must comply with applicable state and federal law and follow good business practices. Pursuant to s. 11.45, the Auditor General may provide technical advice in the development of the financial guidelines.
(2) Notwithstanding any other provision of law, a community-based care lead agency may make expenditures for staff cellular telephone allowances, contracts requiring deferred payments and maintenance agreements, security deposits for office leases, related agency professional membership dues other than personal professional membership dues, promotional materials, and grant writing services. Expenditures for food and refreshments, other than those provided to clients in the care of the agency or to foster parents, adoptive parents, and caseworkers during training sessions, are not allowable.
(3) Notwithstanding any other provision of law, a community-based care lead agency administrative employee may not receive a salary, whether base pay or base pay combined with any bonus or incentive payments, in excess of 150 percent of the annual salary paid to the secretary of the Department of Children and Families from state-appropriated funds, including state-appropriated federal funds. This subsection does not prohibit any party from providing cash that is not from appropriated state funds to a community-based care lead agency administrative employee.
(4) A lead community-based care agency and its subcontractors are exempt from state travel policies as provided in s. 112.061(3)(a) for their travel expenses incurred in order to comply with the requirements of this section.
History.—s. 36, ch. 2014-224; s. 31, ch. 2017-151.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 410 - Aging and Adult Services › 410.031 - Legislative Intent.

410.031 Legislative intent.—It is the intent of the Legislature to encourage the provision of care for disabled adults in family-type living arrangements in private homes as an alternative to institutional or nursing home care for such persons. The provisions of ss. 410.031-410.036 are intended to be supplemental to the provisions of chapters 400 and 429, relating to the licensing and regulation of nursing homes and assisted living facilities, and do not exempt any person who is otherwise subject to regulation under chapter 400 or chapter 429.
History.—s. 13, ch. 77-336; s. 18, ch. 78-433; s. 105, ch. 79-164; s. 11, ch. 88-350; s. 32, ch. 95-210; s. 71, ch. 95-418; s. 84, ch. 2006-197.
Note.—Former s. 409.3644.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 410 - Aging and Adult Services › 410.032 - Definitions; Ss. 410.031-410.036.

410.032 Definitions; ss. 410.031-410.036.—As used in ss. 410.031-410.036:
(1) “Department” means the Department of Children and Families.
(2) “Disabled adult” means any person at least 18 years of age, but under 60 years of age, who is not eligible for vocational rehabilitation services and who has one or more permanent physical or mental limitations that restrict his or her ability to perform the normal activities of daily living and impede his or her capacity to live independently.
(3) “Home care for disabled adults” means a full-time, family-type living arrangement in a private home under which a person or group of persons provides, on a nonprofit basis, basic services of maintenance and supervision, and any necessary specialized services as are needed, for three or fewer disabled adults.
History.—s. 14, ch. 77-336; s. 18, ch. 78-433; s. 106, ch. 79-164; s. 12, ch. 88-350; s. 72, ch. 95-418; s. 124, ch. 97-101; s. 49, ch. 97-103; s. 213, ch. 2014-19.
Note.—Former s. 409.3645.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 410 - Aging and Adult Services › 410.033 - Home Care for Disabled Adults; Rules.

410.033 Home care for disabled adults; rules.—The department shall by rule establish minimum standards and procedures for the provision of home care for disabled adults, and for the approval of persons wishing to provide such care. Priority shall be given to provision of care to disabled adults who are not eligible for comparable services in programs of and funded by the department. Any person who is approved by the department to provide such care for a disabled adult is eligible for the subsidy payments described in s. 410.035. However, the home care for disabled adults program must operate within the funds appropriated by the Legislature.
History.—s. 15, ch. 77-336; s. 18, ch. 78-433; s. 107, ch. 79-164; s. 13, ch. 88-350; s. 73, ch. 95-418.
Note.—Former s. 409.3646.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 410 - Aging and Adult Services › 410.034 - Department Determination of Fitness to Provide Home Care.

410.034 Department determination of fitness to provide home care.—In accordance with s. 429.02, a person caring for an adult who is related to such person by blood or marriage is not subject to the Assisted Living Facilities Act. If, however, the person who plans to provide home care under this act is found by the department to be unable to provide this care, the department shall notify the person wishing to provide home care of this determination, and the person shall not be eligible for subsidy payments under ss. 410.031-410.036.
History.—s. 16, ch. 77-336; s. 18, ch. 78-433; s. 168, ch. 79-400; s. 33, ch. 95-210; s. 74, ch. 95-418; s. 85, ch. 2006-197.
Note.—Former s. 409.3647.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 410 - Aging and Adult Services › 410.035 - Subsidy Payments.

410.035 Subsidy payments.—The department shall develop a schedule of subsidy payments to be made to persons providing home care for certain eligible disabled adults. Payments shall be based on the financial status of the person receiving care. Payments shall include, but not be limited to:
(1) A support and maintenance element, to include costs of housing, food, clothing, and incidentals.
(2) Payments for medical, pharmaceutical, and dental services essential to maintain the health of the disabled adult and not covered by Medicare, Medicaid, or any form of insurance.
(3) When necessary, special supplements to provide for any service and specialized care required to maintain the health and well-being of the disabled adult.
History.—ss. 17, 19, ch. 77-336; s. 18, ch. 78-433; s. 2, ch. 83-82; s. 14, ch. 88-350; s. 75, ch. 95-418.
Note.—Former s. 409.3648.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 410 - Aging and Adult Services › 410.036 - Eligibility for Services.

410.036 Eligibility for services.—Criteria for determining eligibility for this program shall be the same as criteria used to determine eligibility for assistance under Title XVI of the Social Security Act, as the same exists on July 1, 1977, or shall be the same as financial criteria used to determine eligibility for nursing home care under the Medicaid program.
History.—s. 18, ch. 77-336; s. 18, ch. 78-433; s. 64, ch. 91-282.
Note.—Former s. 409.3649.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 410 - Aging and Adult Services › 410.037 - Confidentiality of Information.

410.037 Confidentiality of information.—Information about disabled adults who receive services under ss. 410.031-410.036 which is received through files, reports, inspection, or otherwise, by the department or by authorized departmental employees, by persons who volunteer services, or by persons who provide services to disabled adults under ss. 410.031-410.036 through contracts with the department is confidential and exempt from the provisions of s. 119.07(1). The information may not be disclosed publicly in a manner that identifies a disabled adult, unless the person or his or her legal guardian provides written consent.
History.—s. 15, ch. 88-350; s. 10, ch. 91-71; s. 76, ch. 95-418; s. 261, ch. 96-406; s. 1026, ch. 97-103.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 410 - Aging and Adult Services › 410.502 - Housing and Living Arrangements; Special Needs of the Elderly; Services.

410.502 Housing and living arrangements; special needs of the elderly; services.—The Department of Elderly Affairs shall provide services related to housing and living arrangements which meet the special needs of the elderly. Such services shall include, but not be limited to:
(1) Providing counseling concerning housing problems and alternate living arrangements when appropriate to the individual’s needs.
(2) Coordinating with the Department of Economic Opportunity to gather and maintain data on living arrangements which meet the special needs of the elderly and to disseminate such information to the public. Such information shall include types of facilities, cost of care, services provided, and possible sources of help in meeting the cost of care for indigent individuals.
(3) Promoting, through the Department of Elderly Affairs staff activities and area agencies on aging, the development of a variety of living arrangements through public and private auspices to meet the various needs and desires of the elderly, including, but not limited to:
(a) Foster homes.
(b) Assisted living facilities.
(c) Homes for special services.
(d) Shared housing or other such group living arrangements for independent living.
(e) Continuing care facilities which offer all levels of care, including independent living units, personal care, home health care supports, and skilled nursing home care.
(f) Retirement communities for independent communal living, to be developed in conjunction with the Department of Economic Opportunity.
(g) Other innovative living arrangements.
Demonstration projects must be used advisedly to test the extent to which these and other innovative housing and living arrangements do meet the basic and special needs of the elderly.
History.—s. 32, ch. 86-192; s. 34, ch. 95-210; s. 195, ch. 99-8; s. 304, ch. 2011-142.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 410 - Aging and Adult Services › 410.504 - Multidisciplinary Center on Elderly Living Environments.

410.504 Multidisciplinary center on elderly living environments.—
(1) PURPOSE.—The necessity for ongoing information on housing and living arrangements needed by the elderly mandates that there should be a central effort to produce data on the subject and, based on the data collected, to develop plans for meeting such current and future needs in the State of Florida.
(2)
1
BOARD OF REGENTS’ RESPONSIBILITIES.—In order to ensure continuing sound programs on housing and living arrangements for the elderly, the
1
Board of Regents shall develop a proposal and establish a multidisciplinary center on independent housing and other living environments for the elderly at one or more of the state universities.
(3) ACTIVITIES.—Each multidisciplinary center established pursuant to this section shall consist of a collaboration of academic disciplines including programs in architecture, anthropology, gerontology, economics, geography, law, medicine, psychology, and sociology to meet the following objectives:
(a) Provide a centralized state resource for identification, collection, analysis, and distribution of information on elderly living environments.
(b) Serve as the catalyst for identification and promotion of necessary research on elderly living environments.
(c) Develop cooperation and collaboration with both public and private agencies and organizations, educational centers and programs, and individuals throughout the state.
(d) Provide opportunities for professional development.
(e) Develop models for elderly living environments.
(4) ANNUAL REPORTS.—Each multidisciplinary center established by the
1
Board of Regents shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by January 1, 1989, and by January 1 of each year thereafter. These annual reports shall include information relating to the activities of the center, including collaborative efforts with community and academic organizations, statewide data on the housing related needs of the elderly, and findings and recommendations from research projects relating to housing of the elderly.
History.—s. 17, ch. 88-376.
1
Note.—Abolished by s. 3, ch. 2001-170.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 410 - Aging and Adult Services › 410.602 - Legislative Intent.

410.602 Legislative intent.—The purpose of ss. 410.601-410.606 is to assist disabled adults to live dignified and reasonably independent lives in their own homes or in the homes of relatives or friends. The Legislature intends through ss. 410.601-410.606 to provide for the development, expansion, and coordination of community-based services for disabled adults, but not to supplant existing programs. The Legislature further intends to establish a continuum of services so that disabled adults may be assured the least restrictive environment suitable to their needs. In addition, the Legislature intends that the Department of Children and Families encourage innovative and efficient approaches to program management, staff training, and service delivery.
History.—s. 6, ch. 88-350; s. 125, ch. 97-101; s. 214, ch. 2014-19.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 410 - Aging and Adult Services › 410.603 - Definitions Relating to Community Care for Disabled Adults Act.

410.603 Definitions relating to Community Care for Disabled Adults Act.—As used in ss. 410.601-410.606:
(1) “Department” means the Department of Children and Families.
(2) “Disabled adult” means any person at least 18 years of age, but under 60 years of age, who has one or more permanent physical or mental limitations which restrict his or her ability to perform the normal activities of daily living and impede his or her capacity to live independently or with relatives or friends without the provision of community-based services.
(3) “District” means a specified geographic service area, as defined in
1
s. 20.19, in which the programs of the department are administered and services are delivered.
(4) “Health maintenance service” means those routine health services necessary to help maintain the health of a disabled adult but shall be limited to medical therapeutic services, nonmedical prevention services, personal care services, home health aide services, home nursing services, emergency response services, and physical or mental examinations.
History.—s. 7, ch. 88-350; s. 3, ch. 90-330; s. 16, ch. 92-58; s. 18, ch. 93-200; s. 126, ch. 97-101; s. 50, ch. 97-103; s. 215, ch. 2014-19.
1
Note.—Section 2, ch. 2012-84, deleted s. 20.19(5), which set out service districts.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 410 - Aging and Adult Services › 410.605 - Confidentiality of Information.

410.605 Confidentiality of information.—Information about disabled adults who receive services under ss. 410.601-410.606 which is received through files, reports, inspections, or otherwise, by the department or by authorized departmental employees, by persons who volunteer services, or by persons who provide services to disabled adults under ss. 410.601-410.606 through contracts with the department is confidential and exempt from the provisions of s. 119.07(1). Such information may not be disclosed publicly in such a manner as to identify a disabled adult, unless the disabled adult or her or his legal guardian provides written consent.
History.—s. 9, ch. 88-350; s. 13, ch. 91-71; s. 262, ch. 96-406; s. 1027, ch. 97-103.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 410 - Aging and Adult Services › 410.606 - Rulemaking.

410.606 Rulemaking.—The department shall adopt rules to implement ss. 410.601-410.606. The rules shall define each community service, establish minimum standards for the delivery of services, establish a fee schedule, and make other provisions necessary to implement ss. 410.601-410.606.
History.—s. 10, ch. 88-350.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 411 - Handicap or High-Risk Condition Prevention and Early Childhood Assistance › Part I - General Provisions (Ss. 411.201-411.2035) › 411.201 - Florida Prevention, Early Assistance, and Early Childhood Act; short title.

411.201 Florida Prevention, Early Assistance, and Early Childhood Act; short title.—This chapter may be cited as the “Florida Prevention, Early Assistance, and Early Childhood Act.”
History.—s. 1, ch. 89-379.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 411 - Handicap or High-Risk Condition Prevention and Early Childhood Assistance › Part I - General Provisions (Ss. 411.201-411.2035) › 411.2035 - Dangers of shaking infants and young children; requirements for distributing brochures.

411.2035 Dangers of shaking infants and young children; requirements for distributing brochures.—
(1) Every hospital, birthing facility, and provider of home birth which has maternity and newborn services shall provide to the parents of a newborn, before they take their newborn home from the hospital or birthing facility, written information with an explanation concerning the dangers of shaking infants and young children.
(2) The Department of Health shall prepare a brochure that describes the dangers of shaking infants and young children. The description must include information concerning the grave effects of shaking infants and young children, information concerning appropriate ways to manage the causes that can lead a person to shake infants and young children, and a discussion of ways to reduce the risks that can lead a person to shake infants and young children.
(3) This section does not preclude a hospital, birthing facility, or a home birth provider from providing the notice required under this section as an addendum to, or in connection with, any other required information.
(4) A cause of action does not accrue against the state or any subdivision or agency thereof or any hospital birthing facility or home-birth provider for failure to give or receive the information required under this section.
History.—s. 2, ch. 2002-174.
Note.—Former s. 411.233.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 411 - Handicap or High-Risk Condition Prevention and Early Childhood Assistance › Part II - Prevention and Early Assistance (Ss. 411.22-411.228) › 411.22 - Legislative intent.

411.22 Legislative intent.—The Legislature finds and declares that 50 percent of handicapping conditions in young children can be prevented, and such conditions which are not prevented can be minimized by focusing prevention efforts on high-risk pregnant women and on high-risk and handicapped preschool children and their families. The Legislature further finds that by preventing handicaps in preschool children, infant mortality and child abuse can be reduced and this state can reap substantial savings in both human potential and state funds. The Legislature finds that infant mortality, handicapping conditions in young children, and other health problems for infants and mothers are associated with teenage pregnancy and that the prevention of sexual activity and unwanted teenage pregnancy can reduce the number of at-risk children, while increasing human potential and reducing the cost of health care. The Legislature further finds that a continuum of integrated services is needed to identify, diagnose, and treat high-risk conditions in pregnant women and in preschool children. The Legislature finds that intraagency and interagency coordination can enhance the framework of a continuum that is already in existence and that coordination of public sector and private sector prevention services can reduce infant mortality and handicapping conditions in preschool children and minimize the effects of handicapping conditions. It is the intent of the Legislature, therefore, that a continuum of efficient and cost-effective prevention and early assistance services be identified, that a plan for intraagency and interagency coordination be developed for the purpose of implementing such a continuum, and that the continuum of services be implemented as resources are made available for such implementation.
History.—s. 2, ch. 89-379; s. 8, ch. 90-358.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 411 - Handicap or High-Risk Condition Prevention and Early Childhood Assistance › Part II - Prevention and Early Assistance (Ss. 411.22-411.228) › 411.223 - Uniform standards.

411.223 Uniform standards.—
(1) The Department of Children and Families, in consultation with the Department of Education, shall establish a minimum set of procedures for each preschool child who receives preventive health care with state funds. Preventive health care services shall meet the minimum standards established by federal law for the Early Periodic Screening, Diagnosis, and Treatment Program and shall provide guidance on screening instruments which are appropriate for identifying health risks and handicapping conditions in preschool children.
(2) Duplicative diagnostic and planning practices shall be eliminated to the extent possible. Diagnostic and other information necessary to provide quality services to high-risk or handicapped children shall be shared among the program offices of the Department of Children and Families, pursuant to the provisions of s. 1002.22.
History.—s. 2, ch. 89-379; s. 66, ch. 2000-139; s. 1000, ch. 2002-387; s. 216, ch. 2014-19.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 411 - Handicap or High-Risk Condition Prevention and Early Childhood Assistance › Part II - Prevention and Early Assistance (Ss. 411.22-411.228) › 411.228 - Accountability.

411.228 Accountability.—
(1) The steering committee shall provide information to the School Readiness Estimating Conference and the Enrollment Conference for Public Schools regarding estimates of the population of children from birth through age 9 who are at risk of learning problems and learning disabilities.
(2) The steering committee, in conjunction with the demonstration projects, shall develop accountability mechanisms to ensure that the demonstration programs are effective and that resources are used as efficiently as possible. Accountability should be addressed through a multilevel evaluation system, including measurement of outcomes and operational indicators. Measurable outcomes must be developed to address improved child development, improved child health, and success in school. Indicators of system improvements must be developed to address quality of programs and integration of services. Agency monitoring of programs shall include a review of child and family outcomes and system effectiveness indicators with a specific focus on elimination of unnecessary duplication of planning, screening, and services.
(3) The steering committee, in conjunction with the demonstration projects, shall develop a model county-level strategic plan to formalize the goals, objectives, strategies, and intended outcomes of the comprehensive system, and to support the integration and efficient delivery of all services and supports for parents of children from birth through age 9 who have learning problems or learning disabilities. The model county-level strategic plan must include, but need not be limited to, strategies to:
(a) Establish a system whereby parents can access information about learning problems in young children and receive services at their discretion;
(b) Improve early identification of those who are at risk for learning problems and learning disabilities;
(c) Provide access to an appropriate array of services within the child’s natural environment or regular classroom setting or specialized training in other settings;
(d) Improve and coordinate screening for children from birth through age 9;
(e) Improve and coordinate services for children from birth through age 9;
(f) Address training of professionals in effectively identifying factors, across all domains, which place children from birth through age 9 at risk of school failure and in appropriate interventions for the learning differences;
(g) Provide appropriate support to families;
(h) Share best practices with caregivers and referral sources;
(i) Address resource needs of the assessment and intervention system; and
(j) Address development of implementation plans to establish protocols for requiring and receiving parental consent for services; to identify action steps, responsible parties, and implementation schedules; and to ensure appropriate alignment with agency strategic plans.
History.—s. 7, ch. 2002-265; s. 105, ch. 2020-2.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 411 - Handicap or High-Risk Condition Prevention and Early Childhood Assistance › Part III - Childhood Pregnancy Prevention Public Education Program (Ss. 411.24-411.243) › 411.24 - Short title.

411.24 Short title.—This part may be cited as the “Florida Education Now and Babies Later (ENABL) Act.”
History.—s. 2, ch. 95-321.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 411 - Handicap or High-Risk Condition Prevention and Early Childhood Assistance › Part III - Childhood Pregnancy Prevention Public Education Program (Ss. 411.24-411.243) › 411.241 - Legislative intent.

411.241 Legislative intent.—The Legislature finds and declares that childhood pregnancies continue to be a serious problem in the state. Therefore, the Legislature intends to establish, through a public-private partnership, a program to encourage children to abstain from sexual activity.
History.—s. 2, ch. 95-321.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 413 - Employment and Related Services for Persons With Disabilities › Part I - Blind Services Program (Ss. 413.011-413.092) › 413.0115 - State Board of Administration; authorization to invest division’s portfolio.

413.0115 State Board of Administration; authorization to invest division’s portfolio.—The State Board of Administration may invest and reinvest the portfolio of stocks, bonds, and mutual funds held by the Division of Blind Services in accordance with the trust agreement approved by the Division of Blind Services and the State Board of Administration and the provisions of ss. 215.44-215.53. The director of the Division of Blind Services shall make the portfolio available and shall transfer it to the State Board of Administration for investment.
History.—s. 13, ch. 98-47.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 413 - Employment and Related Services for Persons With Disabilities › Part I - Blind Services Program (Ss. 413.011-413.092) › 413.012 - Confidential records disclosure prohibited; exemptions.

413.012 Confidential records disclosure prohibited; exemptions.—
(1) All records furnished to the Division of Blind Services in connection with state or local vocational rehabilitation programs and containing information as to personal facts about applicants or clients given or made available to the state or local vocational rehabilitation agency or its representatives or employees in the course of the administration of the program, including lists of names and addresses and records of evaluations of clients, are confidential and exempt from the provisions of s. 119.07(1).
(2) It is unlawful for any person to disclose, authorize the disclosure, solicit, receive, or make use of any list of names and addresses or any record containing any information set forth in subsection (1) and maintained in the division. The prohibition provided for in this subsection shall not apply to the use of such information for purposes directly connected with the administration of the vocational rehabilitation program or with the monthly dispatch to the Division of Motorist Services of the Department of Highway Safety and Motor Vehicles of the name in full, place and date of birth, sex, social security number, and resident address of individuals with central visual acuity 20/200 or less in the better eye with correcting glasses, or a disqualifying field defect in which the peripheral field has contracted to such an extent that the widest diameter or visual field subtends an angular distance no greater than 20 degrees. When requested in writing by an applicant or client, or her or his representative, the Division of Blind Services shall release confidential information to the applicant or client or her or his representative.
(3) Any person who violates a provision of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 65-507; ss. 19, 35, ch. 69-106; s. 1, ch. 71-41; s. 356, ch. 71-136; s. 289, ch. 77-147; s. 3, ch. 77-259; s. 173, ch. 79-400; s. 2, ch. 91-12; s. 77, ch. 91-224; s. 264, ch. 96-406; s. 1029, ch. 97-103; s. 29, ch. 2011-66.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 413 - Employment and Related Services for Persons With Disabilities › Part I - Blind Services Program (Ss. 413.011-413.092) › 413.013 - Destruction of records.

413.013 Destruction of records.—The Division of Blind Services may authorize the destruction of any correspondence, documents, or other records when the subject matter involved has been closed or terminated and their preservation is not required by federal or state law, rule, or regulation. No such material shall be destroyed unless specific authority is given by the division and unless said records have been in the possession of the division 5 or more years prior to their destruction.
History.—s. 1, ch. 65-508; ss. 19, 35, ch. 69-106; s. 290, ch. 77-147; s. 4, ch. 77-259; s. 174, ch. 79-400.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 413 - Employment and Related Services for Persons With Disabilities › Part I - Blind Services Program (Ss. 413.011-413.092) › 413.014 - Community rehabilitation programs.

413.014 Community rehabilitation programs.—The Division of Blind Services shall enter into cooperative agreements with community rehabilitation programs as defined by the Rehabilitation Act of 1973, as amended, to be the service providers for the blind citizens of their communities. The division shall, as rapidly as feasible, increase the amount of such services provided by community rehabilitation programs. The goal shall be to decrease the amount of such services provided by division employees and to increase to the maximum extent allowed by federal law the amount of such services provided through cooperative agreements with community service providers. The division shall seek, to the maximum extent allowed by federal and state law and regulation, all available federal funds for such purposes. Funds and in-kind matching contributions from community and private sources shall be used to maximize federal funds. Unless prohibited by federal law or regulation, the share of the federal vocational rehabilitation grant apportioned for services to the blind may not be less than 17 percent.
History.—s. 16, ch. 95-327; s. 8, ch. 2004-331.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 413 - Employment and Related Services for Persons With Disabilities › Part I - Blind Services Program (Ss. 413.011-413.092) › 413.015 - Workers’ compensation coverage for program participants.

413.015 Workers’ compensation coverage for program participants.—A participant in an adult or youth work experience activity administered under this part shall be deemed an employee of the state for purposes of workers’ compensation coverage.
History.—s. 1, ch. 2018-72.
2023 Florida Statutes › Title XXX - Social Welfare › Chapter 413 - Employment and Related Services for Persons With Disabilities › Part I - Blind Services Program (Ss. 413.011-413.092) › 413.021 - Products and services by blind persons; sale, exhibition regulated.

413.021 Products and services by blind persons; sale, exhibition regulated.—
(1) When appearing in the Florida Statutes “blind person” shall mean an individual having central visual acuity 20/200 or less in the better eye with correcting glasses, or a disqualifying field defect in which the peripheral field has contracted to such an extent that the widest diameter or visual field subtends an angular distance no greater than 20 degrees.
(2) For the purposes of the Florida Statutes no representation shall be made that a product or service is “blind-made” unless the manufacturer employs blind persons to an extent constituting not less than 75 percent of the total hours worked by personnel engaged in the direct labor of production of manufactured blind-made products, or services. Direct labor production shall mean all work required for the preparation, processing and packing but not including supervision, administration, inspection and shipping, or the production of the materials from which the finished product is manufactured.
(3) No person or organization shall sell, distribute, or exhibit any product or service which purports or is advertised to be “blind-made,” unless the Division of Blind Services shall certify that such product or service complies with the provisions of subsection (2).
(4) Any person, including the officers, owners, or members of any corporation or organization that violates the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, 3, 4, ch. 28029, 1953; s. 2, ch. 61-210; ss. 19, 35, ch. 69-106; s. 357, ch. 71-136; s. 291, ch. 77-147; s. 5, ch. 77-259; s. 78, ch. 91-224.
Note.—Former ss. 413.09, 409.261.