Chapter 430 — Chapter 430
37 sections in this chapter.
Fla. Stat. § 430.01 Short title
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This chapter may be cited as the “Department of Elderly Affairs Act,” or the “Pepper Act” as a memorial to Congressman Claude Denson Pepper. The department is also known as the Department of Elder Affairs.
Fla. Stat. § 430.02 Legislative intent
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It is the intent of the Legislature to:(1) Advise, assist, and protect the state’s elderly citizens to the fullest extent.(2) Ensure that programs and services are developed and implemented to be accessible to all elderly citizens to assist them in the achievement or maintenance …
Fla. Stat. § 430.03 Purposes
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The purposes of the Department of Elderly Affairs are to:(1) Serve as the primary state agency responsible for administering human services programs for the elderly and for developing policy recommendations for long-term care.(2) Combat ageism and create public awareness and unde…
Fla. Stat. § 430.04 Duties and responsibilities of the Department of Elderly Affairs
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The Department of Elderly Affairs shall:(1) Administer human services and long-term care programs, including programs funded under the federal Older Americans Act of 1965, as amended, and other programs that are assigned to it by law.(2) Be responsible for ensuring that each area…
Fla. Stat. § 430.0401 Annual report summarizing monitoring activities
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By January 1 of each year, the Department of Elderly Affairs shall submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives a summary of the results of the department’s monitoring of the activities of area agencies on aging. The report …
Fla. Stat. § 430.0402 Screening of direct service providers
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(1)(a) Except as provided in subsection (2), level 2 background screening pursuant to chapter 435 is required for direct service providers. Background screening includes employment history checks as provided in s. 435.03(1) and local criminal records checks through local law enfo…
Fla. Stat. § 430.07 Office of Volunteer Community Service
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There is created within the Department of Elderly Affairs the Office of Volunteer Community Service. The office shall:(1) Compile an inventory of services needed by elderly persons.(2) Compile an inventory of services being provided to elderly persons to meet those needs.(3) Dete…
Fla. Stat. § 430.071 Respite for elders living in everyday families
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(1) As used in this section, the term:(a) “Family unit” means one or more individuals whose primary residence is with a homebound elderly individual specifically for the purpose of providing care for that homebound elderly individual. The family does not necessarily need to be re…
Fla. Stat. § 430.08 Rulemaking
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The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.
Fla. Stat. § 430.101 Administration of federal aging programs
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The Department of Elderly Affairs is designated the state unit on aging under the federal Older Americans Act of 1965, as amended, and shall exercise all responsibilities under that act. The department is the state agency designated to handle all programs of the Federal Governmen…
Fla. Stat. § 430.105 Confidentiality of information
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Personal identifying information in a record held by the department that relates to an individual’s health or eligibility for or receipt of health-related, elder care, or long-term care services is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Consti…
Fla. Stat. § 430.201 Short title
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Sections 430.201-430.207 may be cited as the “Community Care for the Elderly Act.”
Fla. Stat. § 430.202 Community care for the elderly; legislative intent
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The purpose of ss. 430.201-430.207 is to assist functionally impaired elderly persons in living dignified and reasonably independent lives in their own homes or in the homes of relatives or caregivers through the development, expansion, reorganization, and coordination of various…
Fla. Stat. § 430.203 Community care for the elderly; definitions
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As used in ss. 430.201-430.207, the term:(1) “Area agency on aging” means a public or nonprofit private agency or office designated by the department to coordinate and administer the department’s programs and to provide, through contracting agencies, services within a planning an…
Fla. Stat. § 430.204 Community-care-for-the-elderly core services; departmental powers and duties
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(1)(a) The department shall fund, through each area agency on aging, at least one community care service system the primary purpose of which is the prevention of unnecessary institutionalization of functionally impaired elderly persons through the provision of community-based cor…
Fla. Stat. § 430.205 Community care service system
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(1)(a) The department, through the area agency on aging, shall fund in each planning and service area at least one community care service system that provides case management and other in-home and community services as needed to help the older person maintain independence and pre…
Fla. Stat. § 430.2053 Aging resource centers
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(1) The department, in consultation with the Agency for Health Care Administration and the Department of Children and Families, shall develop pilot projects for aging resource centers.(2) The purposes of an aging resource center shall be:(a) To provide Florida’s elders and their …
Fla. Stat. § 430.207 Confidentiality of information
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Information about functionally impaired elderly persons who receive services under ss. 430.201-430.2053 and 430.902 which is received through files, reports, inspections, or otherwise, by the department or by authorized departmental employees, by persons who volunteer services, o…
Fla. Stat. § 430.501 Alzheimer’s Disease Advisory Committee; research grants
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(1) It is the finding of the Legislature that Alzheimer’s disease and similar major memory disorders affect an alarmingly high percentage of citizens, primarily those over 65 years of age, and yet little is known of the cause, prevention, or treatment of this disease.(2) There is…
Fla. Stat. § 430.5015 Dementia Director
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(1) The position of Dementia Director is created within the Department of Elderly Affairs. The Secretary of Elderly Affairs shall appoint the director who shall serve at the pleasure of the secretary.(2) The director may call upon appropriate agencies of state government for assi…
Fla. Stat. § 430.502 Alzheimer’s disease; memory disorder clinics and day care and respite care programs
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(1) There is established:(a) A memory disorder clinic at each of the three medical schools in this state;(b) A memory disorder clinic at a major private nonprofit research-oriented teaching hospital, and may fund a memory disorder clinic at any of the other affiliated teaching ho…
Fla. Stat. § 430.5025 Alzheimer’s disease and related forms of dementia; education and training
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(1) This section may be cited as the “Alzheimer’s Disease and Related Forms of Dementia Education and Training Act.”(2) As used in this section, the term:(a) “Covered provider” means a nursing home, a home health agency, a nurse registry, a companion or homemaker service provider…
Fla. Stat. § 430.503 Alzheimer’s Disease Initiative; fees and administrative expense
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(1) Sections 430.501-430.504 may be cited as the “Alzheimer’s Disease Initiative.”(2) Provider agencies are responsible for the collection of fees for services in accordance with rules adopted by the department. Provider agencies shall assess fees for services rendered in accorda…
Fla. Stat. § 430.504 Confidentiality of information
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Information about clients of programs created or funded under s. 430.501 or s. 430.503 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 serv…
Fla. Stat. § 430.6001 Comprehensive day treatment services; demonstration projects
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The Department of Elderly Affairs is authorized to initiate projects to demonstrate the effectiveness of comprehensive day treatment services to seniors as a diversion from nursing home care, thereby allowing seniors to remain in their homes.
Fla. Stat. § 430.601 Home care for the elderly; legislative intent
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It is the intent of the Legislature to encourage the provision of care for the elderly in family-type living arrangements in private homes as an alternative to institutional or nursing home care for such persons. The provisions of ss. 430.601-430.606 are intended to be supplement…
Fla. Stat. § 430.602 Home care for the elderly; definitions
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As used in ss. 430.601-430.606:(1) “Department” means the Department of Elderly Affairs.(2) “Elderly person” means any person 60 years of age or over who is currently a resident of this state and has an intent to remain in this state.(3) “Home care for the elderly” means a full-t…
Fla. Stat. § 430.603 Home care for the elderly; rules
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The department shall by rule establish minimum standards and procedures for the provision of home care for the elderly and for the approval of persons seeking to provide such care. Any person who is approved to provide care, goods, or services for an elderly person shall be eligi…
Fla. Stat. § 430.604 Department determination of inability to provide home care
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If a person who plans to provide home care under ss. 430.601-430.606 is found by the department, or its designee, to be unable to provide this care, the department must notify the person seeking to provide home care of this determination, and the person is not eligible for subsid…
Fla. Stat. § 430.605 Subsidy payments
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The department shall develop a schedule of subsidy payments to be made to persons providing home care, and to providers of goods and services, for certain eligible elderly persons. Payments must be based on the financial status of the person receiving care. Payments must include,…
Fla. Stat. § 430.606 Eligibility for services
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The criteria for determining eligibility for this program shall be substantially similar to the criteria used to determine eligibility for nursing home care under the Medicaid program.
Fla. Stat. § 430.608 Confidentiality of information
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(1) Identifying information about elderly persons who receive services under ss. 430.601-430.606, 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 pro…
Fla. Stat. § 430.80 Implementation of a teaching nursing home pilot project
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(1) As used in this section, the term “teaching nursing home” means a nursing home facility licensed under chapter 400 which contains a minimum of 170 licensed nursing home beds; has access to a resident senior population of sufficient size to support education, training, and res…
Fla. Stat. § 430.81 Implementation of a teaching agency for home and community-based care
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(1) As used in this section, the term “teaching agency for home and community-based care” means a home health agency licensed under part III of chapter 400 that has access to a resident population of sufficient size to support education, training, and research relating to geriatr…
Fla. Stat. § 430.84 Program of All-Inclusive Care for the Elderly
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(1) DEFINITIONS.—As used in this section, the term:(a) “Agency” means the Agency for Health Care Administration.(b) “Applicant” means an entity that has filed an application with the agency for consideration as a Program of All-Inclusive Care for the Elderly (PACE) organization.(…
Fla. Stat. § 430.901 Multiservice senior center; definition; purpose
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A “multiservice senior center” is:(1) A community facility that is a focal point for the organization and provision of a broad spectrum of services suited to the diverse needs and interests of independent older persons, which may include nutritional meals; health, mental health, …
Fla. Stat. § 430.902 Multiservice senior center
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(1) If practicable, multiservice senior center services shall be available to functionally impaired elderly persons.(2) If feasible, a multiservice senior center should be centrally located and easily accessible to public transportation. Provision may be made for transporting per…