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Florida Legislative Update
March 28, 2008
A Snapshot of Legislative Issues this week:
House and Senate Release Proposed Budgets:
House and Senate proposed budget recommendations for the 2008-2009 Fiscal Year were partially released this week with additional details are expected to follow early next week. House Healthcare Council Chairman Aaron Bean’s appropriations proposal released this week includes an increase for Medicaid Rates for Physicians totaling $21,082,444. Specifically, the appropriation is a 3.75% increase for family care, internal medicine, OB GYN, pediatric, cardiology and pulmonary physicians.
Managed Care
SB 1012 by Senator Gaetz and others was approved in the Senate Health Regulation Committee this week. This bill and the house companion, HB 405 by Representative Galvano are among the top legislative priorities of the Florida Medical Association. The FMA and others remain hopeful that HB 405 and SB 1012 will be scheduled for hearings next week in House Healthcare Council and Senate Health Policy, respectively.
Automated External Defibrillators – update:
The House Healthcare Council unanimously approved HB 243 (now referred to as CS/HB 243) with an amendment to conform it to CS/CS/SB 564. It is anticipated that the legislation will be approved by the Florida Legislature and sent to Governor Crist for final approval. The legislation is a compromise between the healthcare community, business industry and the trial lawyers which provides broader immunity to encourage greater use.
Electronic Health Records
This week, the House Healthcare Council unanimously approved CS/HB 637 regarding Electronic Health Records by Representative Grimsley. The bill is subject to specific appropriation by the Florida Legislature. If funded, it will create the Florida eHealth Initiative Act to promote and coordinate the establishment of a secure privacy-protected and interconnected statewide health information exchange. The bill amends the agency’s authority to provide grants to RHIO’s (Regional Health Information Organization) by requiring dollar for dollar match of state funds with local or private funds and issuance of grants in three categories: development, operation and collaboration. The bill also creates an electronic medical records system adoption loan program. The agency is required to provide one-time, no-interest loans, to physicians or business entities whose shareholders’ are physicians for the initial costs of implementing an electronic medical records system. SB 1998 by Senator Ring has not yet been considered in committee.
Prescription Drug Donation Program
The House Healthcare Council unanimously approved Proposed Council Bill -PCB 23 that expands the Cancer Drug Donation program within the Department of Health to include all non-schedule prescription drugs and supplies. Further, the bill expands the facilities that participate in the program from a class II hospital pharmacy to any pharmacy or dispensing practitioner.
Guns in Vehicles
SB 1130 by Peaden passed the Senate Judiciary Committee this week. Meanwhile, HB 503 by Representative Dean Cannon passed the Florida House by a vote of 72-43, another major victory for the gun lobby this week. The legislation will allow employees to take their guns to work, as long as the owner has a permit and the weapon is locked in a car. The National Rifle Association is promoting similar legislation in other states and if successful, Florida would be the fifth state to pass such a law.
Sovereign Immunity
HB 839 by Representative Homan which was discussed in House Courts Committee last week was brought up in the Safety and Security Council this week for a vote. The bill was temporarily postponed and is expected to be brought back up in the Council next week.
Organ Donation Program
SB 2630 by Senator Oelrich unanimously passed the Senate Health Regulation committee this week. The bill revises the organ and tissue donor program to allow online registration for the program. The bill also modifies the list of persons who may make an anatomical gift and the persons whose objections prevent a gift from being made or accepted. The bill goes next to the Governmental Operations committee. The house companion, HB 1485 by Representative Hays has not yet been considered in the Florida House.
Consumer Right to Know
CS/SB 1488 by Senator Dean creating the “Health Care Consumer’s Right to Information Act” was approved in the Senate Health Regulation Committee this week. The bill requires a health care provider or health care facility to automatically disclose to a patient who is eligible for Medicare whether that provider or facility accepts Medicare reimbursement as payment in full and other information to assist a patient. The bill goes next to the Banking and Insurance Committee. The house companion, HB 1435 by Representative Zapata is currently awaiting a hearing in the House Healthcare Council.
Florida Legislative Update
March 21, 2008
A Snapshot of Legislative Issues this week:
More Budget Cuts
The House and Senate budget committees are expected to roll out proposed budgets next week and have informed all agencies to prepare for 10% across the board budget cuts. These cuts are mandated by the recent revenue projections that suggest a worsening economic outlook with plummeting sales tax collections.
Certificate of Need
HB 1099 by Representative Weatherford was temporarily postponed in the House Innovation Committee this week. The bill provides exemption from certificate-of-need requirements for certain hospitals. SB 960 by Senator Jones has not been heard yet in the Florida Senate.
Emergency Room Sovereign Immunity
HB 839 by Representative Ed Homan would extend sovereign immunity to healthcare entities and workers providing emergency medical services. Under this legislation, tort liability of an emergency medical provider would be limited in each tort incident to $100,000 per individual and $200,000 overall. This legislation is supported by the Florida Medical Association as a legislative priorities; but strongly opposed by the trial attorneys. The bill did not have the votes to pass the House Courts Committee this week and was temporarily postponed.
Automated External Defibrillators (AED) - update
CS/CS/SB 564 by Senators Lee Constantine is a compromise between the healthcare community, business industry and the trial lawyers which will provide broader immunity while requiring that the machines be regularly maintained. The Senate bill has now been sent to the House and is expected to be paired with HB 243 by Representative Tom Anderson. HB 243 remains in the House Healthcare Council awaiting a hearing.
Physicians Assistants - update
HB 989 by Rep. Bogdanoff is now in the House Healthcare Council awaiting a hearing, the final stop before going to the full House for consideration.. The bill deletes antipsychotics and parenteral preparations from the formulary of drugs that physician assistants are prohibited from prescribing. The Senate bill SB 1106 by Senator Saunders is in the Senate Health and Human Services Appropriations Committee.
Health Insurance Claims Payments - update
The Florida Medical Association’s Managed Care legislation, SB 1012 by Senator Don Gaetz is awaiting consideration in the Senate Health Regulation Committee. The House companion bill HB 405 by Representative Galvano currently resides in the House Heathcare Council where it is awaiting a hearing.
Electronic Health Records – no action
HB 637 by Rep. Denise Grimsley establishes the Electronic Medical Records System Adoption Loan Program and provides for eligibility, terms, and conditions for granting loans. The bill would expand access to certain medical information and laboratory reports to facilitate exchange of data between health care facilities, practitioners, and providers, etc. This bill and its Senate companion, SB 1998 by Senator Jeremy Ring have not yet been considered by the Florida Legislature.
Florida Chapter ACC Legislative Update
March 14, 2008
Governor approves budget cuts
This week, Florida Governor Charlie Crist approved the legislature’s plan that slashed more than $512 million in cuts to the current state budget. Earlier this week, the Revenue Estimating Conference, comprised of the state’s top economists, released the latest revenue projections which suggest a worsening economic outlook with plummeting sales tax collections. Lawmakers will be forced to trim an additional $3.5 billion from the ’08-’09 budget which they have yet to craft.
Automated External Defibrillators (AED) – update
The Florida Senate this week passed CS/CS/SB 564 by Senators Lee Constantine and Jim King with a unanimous vote of 38-0. The bill is a compromise between the healthcare community, business industry and the trial lawyers which will provide broader immunity while requiring that the machines be regularly maintained. The Senate bill will be sent to the House where it is expected to be paired with HB 243 by Representative Tom Anderson. HB 243 is in the House Healthcare Council awaiting a hearing.
Physicians Assistants - update
HB 989 by Rep. Bogdanoff was considered and unanimously approved by the House Health Quality Committee on Tuesday, March 11th. The bill deletes antipsychotics and parenteral preparations from the formulary of drugs that physician assistants are prohibited from prescribing. The bill goes next to the House Healthcare Council, the final stop before going to the full House for consideration.
Health Insurance Claims Payments – update
The Florida Medical Association’s Managed Care legislation, SB 1012 by Senator Don Gaetz was unanimously approved by the Senate Commerce committee on Tuesday, March 11th with three amendments. The bill goes next to the Senate Health Regulation Committee.
Affordable Insurance – update
The House Healthcare Council met jointly with the Committees on Health Innovation, Health Quality, Healthy Seniors and Healthy Families on Tuesday, March 11th to discuss ways to lower Florida’s growing uninsured population. Council Chairman Representative Aaron Bean discussed his support for a new software system that would let Floridians shop online for basic health insurance. The system is expected to cost up to $8 million. Chairman Bean says that the virtual marketplace would allow Floridians who work for participating companies to have access to a wide range of health insurance programs and information. Specific details about this program are expected to be released soon.
Electronic Health Records
HB 637 by Rep. Denise Grimsley establishes the Electronic Medical Records System Adoption Loan Program and provides for eligibility, terms, and conditions for granting loans. The bill would expand access to certain medical information and laboratory reports to facilitate exchange of data between health care facilities, practitioners, and providers, etc. This bill and its Senate companion, SB 1998 by Senator Jeremy Ring have not yet been considered by the Florida Legislature.
If you need additional information on legislative action:
Log on to the Florida Legislature's home page,. www.leg.state.fl.us. You can track a bill through Online Sunshine as it travels through the legislative process. Go to the Session tab and select the chamber - House or Senate - session year and the bill number. You may choose to select a bill by number of by the lawmaker's name. The Senate's homepage is www.flsenate.gov and the House's is www.myfloridahouse.gov
SESSION 2008 FCACC TALLAHASSEE UPDATE
Florida Legislative Update
March 7, 2008
The 2008 Legislative Session begins!
The 2008 Florida Legislative Session got underway this week with Lawmakers immediately focusing on finalizing $543 million in cuts to the current state budget. In addition to cutting the current 2007-2008 budget, Lawmakers face considerable challenges as they begin crafting the 2008-2009 Appropriations Bill with significantly less revenue than ever before. The state’s financial woes are expected to dominate most of the 2008 Legislative Session.
Breaking from tradition, Governor Charlie Crist gave an evening address to a Joint Session of the Florida Legislature, rather than during the morning as past Florida Governors have done. During his speech, Governor Charlie Crist highlighted his budget priorities for the current legislative session that includes education, health care, energy and economic development. The Governor is recommending a plan to increase competition and efficiency in the health care marketplace to improve access and quality health and dental care for Floridians.
Earlier in the day and during the Opening Session of the Florida Legislature, House and Senate leaders announced their respective legislative priorities. House Speaker Marco Rubio announced his top three priorities and asked his fellow House members for support in limiting Government, providing relief and reform to unaffordable and unsustainable insurance system and enhancing public education standards. Simultaneously, Senate President Ken Pruitt focused on his chamber’s priorities which include property insurance reform, energy independence for the state, and education accountability.
The Florida Legislature meets in Regular Session for 60 consecutive days. The only bill that the Legislature must pass during the Regular Session is the General Appropriations Act to balance the state’s budget for the next fiscal year.
Automated External Defibrillators (AED)
The Senate Judiciary Committee this week unanimously approved CS/CS/SB 564 by Senators Lee Constantine and Jim King. The bill is a compromise between the healthcare community, business industry and the trial lawyers which will provide broader immunity while requiring that the machines be regularly maintained. CS/CS/SB 564 goes next to the Senate floor for final passage. The House bill, HB 243 by Representative Tom Anderson will soon be amended to reflect the compromise when it is considered in the House Healthcare Council.
Physicians Assistants
HB 989 by Rep. Bogdanoff will be considered in the House Health Quality Committee on Tuesday, March 11th. The bill deletes antipsychotics and parenteral preparations from the formulary of drugs that physician assistants are prohibited from prescribing.
Health Insurance Claims Payments
The Florida Medical Association’s Managed Care legislation, SB 1012 by Senator Don Gaetz will be considered in the Senate Commerce committee on Tuesday, March 11th. The bill addresses several of the unfair business practices and tactics used by managed care organizations to reduce physician reimbursement.
Specifically, the bill requires managed care companies to accept a valid assignment of benefits and pay physicians directly; reduce the "look back" period where managed care companies can demand repayment from 30 months to 12 months; and prohibit the use of "silent PPOs." Collectively, these measures will allow physicians and their staff to spend less time on paper work and more time on patient care by reducing the administrative hassles that physicians face every day from the managed care industry. SB 1012 will help correct the imbalance of power that exists between physicians and the insurance industry.
Affordable Insurance
The House Healthcare Council will meet jointly with the Committees on Health Innovation, Health Quality, Healthy Seniors and Healthy Families on Tuesday, March 11th to discuss issues relating to the marketplace for affordable health insurance.
Attorney General McCollum launches Healthcare Fraud Education Effort
This week, Attorney General McCollum launched a statewide initiative to educate citizens and healthcare providers about the dangers and costs of Medicaid and other healthcare-related fraud. Persons wishing to report suspected healthcare fraud or patient abuse, neglect or exploitation can contact the Attorney General’s Fraud Hotline toll free at 1-866-966-7226 or can file a complaint online at: http://myfloridalegal.com. More information about the Medicaid Fraud Control Unit is also available on this site.
If you need additional information on legislative action:
Log on to the Florida Legislature's home page, www.leg.state.fl.us You can track a bill through Online Sunshine as it travels through the legislative process. Go to the Session tab and select the chamber - House or Senate - session year and the bill number. You may choose to select a bill by number of by the lawmaker's name. The Senate's homepage is www.flsenate.gov and the House's is www.myfloridahouse.gov.
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