April 2007 Legislative Updates
April 29, 2007
Budget Conference update:
The budget conference committee negotiations have concluded. All remaining issues have been presented to legislative leaders for resolution. A final budget is expected to be presented to Lawmakers on Tuesday, May 1st. Florida’s Constitution provides that Lawmakers must be in possession of the final budget for at least 72 hours prior to casting a final vote. Last Friday, legislative leaders announced that if all goes as planned, a final vote on the budget will be taken Friday, May 4th - the last day of the 2007 Legislative Session.
Enrolled Bills heading to the Governor’s desk:
HB 455 – Organ & Tissue Donation – establishes the Florida Coalition on Donation, a not-for-profit organization to coordinate Florida’s organ and tissue donation program. The program will focus on educating potential donors and encouraging online registration. The existing registry program will be transferred from the Agency for Health Care Administration to the Florida Coalition on Donation.
HB 1700 Physicians Assistants – Paramedic Certification – authorizing physicians assistants who meet specified criteria to be certified as paramedics.
Issues coming up for consideration include:
SB 110 Prostate Cancer Screening by Joyner is expected to be taken up on Third Reading in the Florida Senate on Monday. The bill requires that beginning in 2008 insurance plans offer coverage for prostate cancer early detection screening for men 40 years and older.
SB 760 – Hospitals and Cardiac Care by Atwater and the similar House companion HB 7165 by the House Healthcare Council will be on the Special Order Calendars in the respective Chambers on Monday. The bills are expected to pass this Session.
SB 1172 Brest Cancer Treatment by Joyner has been added to the Senate Special Order Calendar which includes bill to be considered by the full Senate on Monday.
HB 977 Primary Care Network by Gardiner creates a pilot program to provide extended operating hours for the purpose of offering health care services at overcrowded clinics. The Senate companion bill SB 1732 by Webster has passed the Senate and is in the House in Senate Messages. The House is expected to take up and pass SB 1732.
A resolution on Stem Cell Research is expected to be reached prior to Friday’s conclusion of the 2007 Legislative Session.
April 22, 2007
Budget Conference Update:
Legislative Budget Conference committees have been working thru the weekend to resolve the differences in the state’s spending plan. Conference committees are expected to meet several more times before “bumping” up the unresolved issues to legislative leaders for final negotiations. The 2007 Legislative Session is scheduled to conclude on Friday, May 4th.
Cardiac Care:
The Senate Health Regulation Committee this week passed CS/SB 760 by Senator Atwater regarding Cardiac Care. This bill is a companion to HB 7165 (formerly PCB HCC 16):
• Changes the term interventional cardiology services to the more current term cardiovascular service (Updating terminology)
• Extends the rule deadline from 2007 to 2008 for AHCA rules to be adopted for certain grandfathered burn units (AHCA needs more time to finish the rules)
• Requires certain hospitals - licensed for Level I and Level II cardiovascular services - to participate in clinical outcome reporting systems operated by American College of Cardiology and the Society for Thoracic Surgeons (AHCA prefers this reporting method)
Both bills are heading to their respective Chamber for a final vote.
Cardio Catheterization:
This week, the House Healthcare Council adopted an amendment to HB 49. The amendment by Representative Mahon (Jacksonville) states that newly licensed hospitals that meet the requirements as set forth in the amendment may apply for and shall be granted Level 1 program status regardless of whether rules relating to Level 1 programs have been adopted. In presenting the amendment, Representative Mahon indicated that this provision would apply to St. Lukes Hospital in Jacksonville. The bill heads next to the House calendar for second reading.
Biomedical Research:
The Florida Supreme Court this week heard oral arguments on whether two competing citizens petition drives regarding embryonic stem-cell research should be allowed on the 2008 Ballot. One initiative would require state funding and the other would prohibit it. The Senate Commerce committee on the same day approved two competing biomedical research bills; one that would allow state money to be spent on embryonic stem cell research and the other that prohibits it. SB 750 by Senator Geller allocates no less than $20 million a year in state money for embryonic, amniotic and adult stem-cell research for 10 years. CS/CS/SB 2496 by Senator Mike Haridopolos would not prohibit embryonic stem-cell research but would prohibit the use of state money.
The Florida House of Representatives has proposed, as one of their Budget Conforming bills, HB 7079 on Biomedical Research. This bill amends the James & Ester King Biomedical Research Program to consolidate processes for awarding funds appropriated by the Legislature for biomedical research. The bill creates a Research Council that will review funding requests and then make recommendations to the Florida Legislature on which proposals should be funded. One of the provisions in the legislation is a requirement that in Fiscal Years 2008-2009 and 2009-2010, $9 million in recurring funds from the General Revenue Fund be appropriated for Bankhead-Coley cancer research grants and provides $5 million for each year thereafter.
Organ & Tissue Donation:
Next week, the Senate Tourism & Economic Development Appropriations committee is scheduled to consider SB 1350 by Senator Oelrich if received in time for the meeting. The House companion bill HB 455 by Cretul was read a second time by the House and now awaits final passage.
Prostate Cancer Screening:
HB 345 by Peterman requires that beginning in 2008 insurance plans offer coverage for prostate cancer early detection screening for men 40 years and older. The bill passed the House Council on Jobs & Entrepreneurship Council as a Committee Substitute and heads next to the House Policy and Budget Council. Meanwhile, SB 110 by Hill is on the Senate General Government Appropriations committee agenda for Tuesday, April 24th.
Breast Cancer Treatment:
SB 1172 by Joyner passed the General Government Appropriations committee this week by a vote of 6-0. The bill moves next to the Health and Human Services committee, the last committee of reference for this issue in the Senate.
April 13, 2007
Agency Proposed Rule Changes:
The Agency for Health Care Administration has confirmed that they will be accepting public comments on the proposed rule changes to Rule 59A-3.2085, Florida Administrative Code regarding Cardiac Catheterization Services until 5pm, May 1, 2007. Comments should be submitted in writing to:
The Agency for Health Care Administration
Attn: Jeffrey Gregg, Chief, Bureau of Health Facility Regulation
Mail Stop 28
2727 Mahan Drive
Tallahassee, Florida 32308
Cardiac Care:
This week, the House Healthcare Council adopted PCB 07-16 regarding Cardiac Care as a committee bill. The legislation released earlier this week was sent to FCACC for review and comment. The bill does the following:
• Changes the term interventional cardiology services to the more current term cardiovascular service (Updating terminology) within chapter 408 Florida Statutes
• Extends the rule deadline from 2007 to 2008 for AHCA rules to be adopted for certain grandfathered burn units (AHCA needs more time to finish the rules)
• Requires certain hospitals - licensed for Level I and Level II cardiovascular services - to participate in clinical outcome reporting systems operated by American College of Cardiology and the Society for Thoracic Surgeons (AHCA prefers this reporting method)
Budget Conference update:
During this 6th week of Session, Florida lawmakers postured for budget negotiations that will begin next week. The Florida Senate on Friday initiated the budget conference process by refusing to concur in the House amendments to the Senate’s budget. Appropriations Chair Lisa Carlton announced that all members who currently serve on the various Appropriations Committees are automatically appointed to serve as Budget Conferees with Senators Webster and King appointed At Large. Funding allocations will be provided to the appropriate committees by mid week. Conference Committees are expected to meet soon afterwards and have blocked time between 8-9am and 5-6pm weekdays and as needed throughout next weekend. Unresolved issues will be bumped up to the various chairmen beginning Week 8 with final resolutions by the presiding officials by April 29th.
Biomedical Research:
On Thursday, the Florida House passed CS/HB 7079 on Biomedical Research. This legislation, part of the House budget package, consolidates the process for awarding funds appropriated by the legislature for biomedical and cancer research. The bill increases the Biomedical Research Advisory Council from 11-36 members. The advisory council is to serve as the exclusive source of state funding for biomedical research. An amendment, adopted on the House floor provided that no less than $9M from recurring general revenue be allocated to the Biomedical Research Trust Fund for fiscal years 08-09 and 09-10 and will be designated for the Bankhead-Coley Cancer grants. Thereafter, the legislation reduces that amount to $5M annually. In an effort to posture for budget conference, the Senate on Friday deleted the entire legislation, returning the bill to the House with no amendment. This is one of the 9 House bills that will go to conference next week as part of the budget package.
Stem cell Research:
HB 1065 by Flores cleared both the House Healthcare Council and the House Policy & Budget Council this week. The bill heads next to the full House for final consideration. It creates a seven-member stem cell research advisory council charged with creating a grant program for stem cell research. The bill mandates that the funds be restricted to human adult and amniotic stem cell research and specifically prohibits that the research funds be used for embryonic stem cell research.
Florida Healthcare Information Network:
Lawmakers are considering several bills which will create a healthcare information database to allow physicians to access a statewide internet database of medical records. The Florida Medical Association and others advocate that the system will provide greater patient safety and efficiency and will help reduce consumer costs. HB 1121 by Grimsley, which was postponed on Third Reading in the House this week, creates a public-private partnership to establish a secure, integrated statewide network for the communication of electronic health information. A 15 member panel is charged with developing an information network plan which must be able to operate without state funding after June 30, 20010. The bill appropriates $5M to the Agency for Health Care Administration to contract with the Florida Healthcare Information Network Corporation to implement the provisions of this bill. Similar legislation is moving in the Senate (SB 2348 & 2582) and is scheduled to be heard in Senate Governmental Operations on Wednesday, April 18th.
Hospitals/Emergency Off-premise Department:
Legislation that allows Hospitals to apply for a license to operate an emergency department at a location off-premise from the main hospital passed the Florida Senate this week by a vote of 35-0. CS/SB 1758 by Peaden sets up criteria by which hospitals may qualify for the Off-Premise license. The legislation also requires that the off-premise hospital must be able to transport patients between that location and the main hospital. Further, the legislation requires the Department of Health must determine whether transport and transfer protocols should be developed and must report its findings to the Governor, Senate President and Speaker of the Florida House by January 31, 2008.
April 6, 2007
During this 5th week of the Florida Legislative Session, the Senate cancelled all meetings so that members could celebrate Easter and Passover in their legislative districts. Only those House members who serve on five of the nine House Councils were in Tallahassee on Wednesday and Thursday to vote on legislation in an effort move bills along with only 4 weeks remaining this Session.
The House and Senate will be back in full swing next week and both Chambers are expected to vote on their respective budgets. A Budget Conference Committee will be appointed soon afterwards to negotiate the differences in the two spending plans during the last few weeks of 2007 Legislative Session.
Here are several issues that were taken up in the House Councils this week:
HB 455 – Organ & Tissue Donation – Cretul
The House Policy and Budget Council on Thursday approved HB 455 which creates a private-public partnership of Florida’s organ donor registry by transferring the administration of the organ and tissue donor registry from Agency for Health Care Administration to the newly created private, not-for-profit, Florida Coalition on Donation. HB 455 moves next to the House Policy and Budget Council and the Senate companion, SB 1350 by Oelrich is scheduled to be heard in the Senate Transportation Committee on April 9th.
HB 561 – Human Papillomavirus Virus (HPV) Schools – Homan
The House Schools and Learning Council unanimously adopted an amendment requiring that beginning with the 2008-09 school year, parents and legal guardians of 6th grade girls be informed about the availability of a vaccine to protect girls against HPV. The bill moves next to the House Policy and Budget Council. Meanwhile, SB 660 by Fasano was temporarily postponed in Senate Education Pre K-12 on March 21st.
HB 543 - Immunization Services – Zapata
On Wednesday, the House Healthcare Council passed CS/HB 543 by adopting a strike all amendment that passed in the House Innovation Committee on March 13. CS/HB 543 moves to Second Reading where it will be available for final consideration in the House. The original companion HB 543, SB 2022 by Bennett is scheduled to be heard in Senate Judiciary on April 10th. CS/HB 543 includes the following issues:
• Creates the Commission on the Study of Biotech Competitiveness within the Governor’s Office of Tourism, Trade & Economic Development and provides duties and responsibilities.
• Commission to include 17 appointed members; including a member representing Scripps Research Institute.
• The Commission shall study economic policies necessary to ensure that Florida is competitive with other states to attract and retain a biotech manufacturing and distribution workforce.
• Defines "practice of profession of pharmacy" to include vaccine administration.
• Allows pharmacists to administer vaccines subject to certain criteria.
HB 1121 – Florida Health Information Network Corporation – Grimsley passed the House Policy and Budget Council Thursday. The bill creates the Florida Health Information Network Corporation as a public/private partnership that will establish a secure, privacy-protected, and integrated statewide network for the communication of electronic health information. The corporation will be managed by a 15-member board of directors. On March 27th, the Healthcare Council appropriated $5 million in non-recurring general revenue to implement provisions in the bill. The bill will now become available for consideration by the entire House. The comparable bills in the Senate have not yet been heard.
|
