The Task Force is a significant help to our practices as elder law attorneys, and without it, many of the programs and laws benefiting our clients and loved ones would be in jeopardy. As part of its mission to keep you, a Task Force contributor informed, here is a current update:



Chair: Debra Slater

Vice-Chairs: Travis Finchum and Mike Jorgensen

The 2023 Florida legislative session kicked off on March 7th and is scheduled to conclude on May 5th. Here is a summary of some of the bills the Task Force and ELS have been following:

DNR Bill: HB 1119, SB 1098 - Withholding or Withdrawal of Life-prolonging Procedures; Authorizing a court to delegate the right to consent to the withholding or withdrawal of life-prolonging procedures of incapacitated persons in certain circumstances; requiring that initial and annual guardianship plans, respectively, state whether any power under the ward's preexisting order not to resuscitate or advance directive is revoked, modified, suspended, or transferred to the guardian; authorizing a guardian to petition a court for approval to consent to withhold or withdraw life-prolonging procedures under certain circumstances.

The Elder Law Section legislative committee worked extensively on this Bill. The Bill was amended with the language proposed by our legislative committee, which worked with Bill sponsor Representative Berfield, RPPTL and Florida State Guardianship Association. The amended version of the Bill passed both the House and the Senate and has been sent to the governor. 

Here are a few other Bills that the section supports:

Elder Abuse and Vulnerable Adult Abuse Fatality Review Teams – SB 1542 and 1540, HB 1567 and 1569  Revising provisions related to elder abuse fatality review teams; revising the scope of such review teams to include a review of fatal and near-fatal incidents of abuse, exploitation, or neglect of vulnerable adults in addition to elderly persons; authorizing elder abuse fatality review teams existing on a specified date to continue to do so and requiring them to comply with specified provisions; revising annual reporting requirements,

Homestead Tax Assessments – SB 1716 and HB 1716 - An act relating to homestead tax exemptions; amending ss. 196.011, 196.075, and 196.161, F.S.; revising the interest rate and penalty that applies to property owners who unlawfully received a homestead exemption; amending s. 196.061, F.S.; revising criteria under which the rental of homestead property is considered abandonment for tax exemption purposes; providing an effective date

MV Realty Fix - HB 861, SB 770 – Title company Bill– Residential Real Estate Listing Agreements: An act relating to residential loan alternative agreements, specifying restrictions on such agreements, prohibiting a court from enforcing such agreements, providing that such agreements are void if listing services do not begin within a certain timeframe; prohibiting the clerk of the circuit court from recording such agreements; and providing that violations are unfair or deceptive trade practices; specifying penalties and remedies.

Administration of the Program of All-inclusive Care for the Elderly (PACE). – HB 693, SB 1504 –Changes Program of All-Inclusive Care for Elderly (PACE) oversight (out of DOEA and just under AHCA) by deleting provisions requiring AHCA to consult with DOEA regarding PACE administration. It also allows for more than one PACE organization to operate in each region by deleting language restricting a defined geographic service area to one PACE organization. 

State Estate Tax – RPPTL Bill – CS SB 278 and H 619 – Providing that provisions relating to a condition for the discharge of a personal representative of an estate do not apply under certain circumstances. Sections 198.26 and 198.32, F.S. are amended to provide that proof that an estate has paid the state estate tax or is exempt from the tax, and the filing of an affidavit that no estate tax is due is not required for estates of decedents who die after December 31, 2004, if upon the date of death, there is no credit for state taxes available against the federal estate or generation-skipping transfer taxes.

Status of RPPTL 745 Guardianship re-write – no bill was filed.

ON THE LEGISLATIVE HORIZON

It is not too soon to start planning for next year. The legislative committee is looking for suggestions for the 2024 legislative session. So far, they have received the following potential legislative proposals:

• Increasing the funeral priority creditor claim from $6,000 to $12,000.
• Adding Professional Guardians as qualified agents under the DPOA statute.
• Clarifying the definitions of qualifying diagnoses under FS chapter 393
• Requiring FDLE to collect and disseminate data on crimes of abuse, neglect, and exploitation of elders or persons with disabilities from all state law enforcement.
• Exploring the removal of the three (3) year automatic prohibition on divorce upon the filing of a petition to determine incapacity. 

The legislative committee welcomes your suggestions for upcoming legislative initiatives. Please reach out to a co-chair with any ideas.

Chair: Kandace Rudd

Medicaid LTC Inquiry System

Medicaid LTC Inquiry System is slated to be effective May 10, 2023, to address the following specific problems with Medicaid applications:

• Incorrect patient liability or responsibility
• Missing Medicaid coverage
• Incorrect benefit type approved.
• Request for reuse for cases between 30-60 days from the initial application date.
• Review of cases closed or denied in error before 60 days from the initial application date.

DCF Regional Points of Contact

The Task Force has been diligently working on a relationship with the Department of Children and Families Program Office. Randy Bryan and Mike Jorgensen have led our effort to improve the overall Medicaid application process. The discussions are ongoing; however, DCF has acknowledged the challenges many of us are experiencing in the application process (as identified through our Medicaid Administration Tabulator ("MAT")) and has established a statewide workgroup to try and address some of these issues as a short-to-mid-term solution while working toward a long-term solution with new technology.

In the meantime, DCF has established Regional Points of Contact we can utilize when an escalation of an application issue becomes necessary. The Regional Points of Contact are NOT intended to replace the normal application resolution procedures, and you should still utilize those efforts when encountering an application problem. However, if you cannot resolve the issue through normal communication, you may consider using the Regional Points of Contact to escalate your issue. 

The contact information includes a "Headquarters" contact. If your initial contact with the Regional Point of Contact does not provide a satisfactory result, you may consider copying the Headquarters Contact to escalate the issue further. This will serve the dual purpose of hopefully resolving your issue as well as keeping the Headquarters Office informed of the challenges we are facing.

Chair: Collett P. Small

The ELS Strategic Planning Committee met in March and has set the following new Goals for the 2023- 2024 Bar year:

1. To expand the CLE topics offered, size of the audience, and number of CLEs
2. To clarify and develop a written and consistent budget process.
3. To develop written internal & external PR objectives, develop long-term PR goals and funding sources to meet the section's PR objectives
4. To Increase engagement with current members

A Medicaid Application Tracker was developed by Task Force members Jason Waddell and Britton Swank to track issues encountered in Medicaid cases. It is an interactive online form where attorneys and their staff may enter information that will build a database. Everyone is encouraged to use the MAT so that the Taskforce can work with DOEA and DCF to resolve the issues. Here is the link to the interactive form: bit.ly/medicaidapplicationproblems1

Contributions to The Florida Joint Public Policy Task Force are used to pay the costs of public records requests, filing fees, a government relations professional who lobbies the legislature and administrative agencies on issues like those outlined above, a public relations professional who works to educate the public on the importance of elder law attorneys and these issues, and a legislative consultant that monitors and analyzes legislation of importance to elder law attorneys and Florida's elderly and citizens with disabilities. The rest of The Task Force accomplishments are provided by volunteers who not only contribute financially, but also provide time, expertise, and office resources.

The Florida Joint Public Policy Task Force for the Elderly and Disabled is a combined effort of the Academy of Florida Elder Law Attorneys and the Florida Bar's Elder Law Section.

Please consider renewing or increasing your contribution in 2023. Let's make sure that this good work continues! Click here to contribute online or to download the 2023 Task Force Contribution Form.

BRITTON SWANK & ELLEN MORRIS

Task Force Co-ChairS

TASK FORCE MEMBERS

Meetings occur weekly on Thursday mornings from 8am to 9am to address general issues applicable to the Elder Law practice in Florida. 

Task Force Members: Ellen Morris, Co-Chair, Britton Swank, Co-Chair, Mike Jorgensen, David Jacoby, Collett Small, Kole Long, Grady Williams, Heather Kirson, Steve Hitchcock, William Johnson, Shannon Miller, Carolyn Landon, Howie Krooks, Victoria Heuler, Amy Fanzlaw, Debra Slater, Nikki Boone Melby, Rebecca Bell, Travis Finchum, Nancy Wright, Lauchlin Waldoch, Cary Moss, Randy Bryan, John Clardy, Len Mondschein, Jill Burzynski, Matthew Rheingans, Twyla Sketchley, Emma Hemness, Jason Waddell, and Marjorie Wolasky.