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2010 Florida Legislative Session
The Florida Legislature was in a constant
state of motion as it held lengthy committee
meetings, spent time on the floor debating
legislation and put final touches on the
appropriations proposals. The appropriations
process continues to move at a hectic pace, well
ahead of the schedule from prior years.
Following is the status of FAFP's priority
issues:
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Medical Home Pilot Project
- Preliminary
House Budget Proviso Released
The
Senate Health and Human Services Appropriations
Committee finalized its budget provisions related
to a medical home pilot project. Senate
budget proviso was modified to direct the Agency
for Health Care Administration (AHCA) to establish
two medical home projects in Service Areas 1 and 2
(from Pensacola to Tallahassee regions).
The House Health Care
Appropriations Committee released its proposed
budget, which does not include proviso language
for a medical home pilot
project. The House Select
Policy Council on Strategic and Economic Planning,
chaired by Speaker-designate Dean Cannon (R-Winter
Park), will be charged with presenting the House's
Medicaid reform package, which may include a
medical home pilot project.
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Health Care Funding and Medicaid
- House
Health Care Budget Released
The
Senate Health and Human Services Appropriations
Committee completed its budget proposal for
2010-2011. The Senate's health budget is now
$27.218 billion, which is $1.1 billion more than
the current fiscal year's budget. The budget
includes an increase of state general revenue of
more than $993 million. The Senate
amended its initial budget proposal and fully
funded price level increases for the Healthy Kids
Program, and funded adult hearing and vision
services previously eliminated. They also
brought back more than $4 million for Minority
Health Initiatives and $10.2 million for Rural
Diversity Minority Health Care services within the
Department of Health (DOH). The
House Health Care Appropriations Committee
released its initial budget proposal last
Tuesday. The House budget does not fund
biomedical research, eliminates Medicaid coverage
for pregnant women between 150-185 percent of the
federal poverty rate, freezes capitation rates for
Hospice and eliminates Medicaid chiropractic
coverage, all funded by the Senate budget.
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Autism Spectrum Disorder
- HB 107 will
receive a hearing by House Health Care Regulation
Policy this week
SB 214 by Senator
Jeremy Ring (D-Margate) and HB 107 by
Representative Marti Coley (R-Marianna) require
physicians to refer children to an "appropriate
specialist" for screening for autism spectrum
disorder if a child's parent or legal guardian
believes that child exhibits symptoms of autism.
Under the bills, insurers are required to provide
direct access to specialists for autism spectrum
disorder screening if the screening is
requested.
SB 214 was amended, due to concerns expressed by
organized medicine, to give physicians the option
to decide whether a referral is "medically
necessary," rather than mandate that the physician
refer a child to an "appropriate specialist" for
screening for autism spectrum disorder.
HB 107 will
receive its first committee hearing by the House
Health Care Regulation Policy Committee this
week. Organized medicine is working with
Representative Coley to amend the House
bill.
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Child Restraint Requirements in Motor
Vehicles
- No Change
SB 316 by Senator Thad Altman
(R-Melbourne) and HB 387 by Representative Rich
Glorioso (R-Plant City) revise child restraint
requirements for children who are passengers in
motor vehicles.
Senator Altman amended his bill to base the
restraint requirement on a child's height rather
than age. SB 316 was unanimously approved last
week by the Senate Criminal Justice
Committee. The bill has one more committee
hearing before a vote by the full Senate. HB
387 received three committee references. It
has yet to receive a
hearing.
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Balanced Billing
- No Change
SB 2504 by Senator Al Lawson
(D-Tallahassee) prohibits a licensed facility from
employing a hospital-based physician or group of
hospital-based physicians, or entering into a
contract with such physicians unless those
physicians are under contract with same health
insurers as the licensed facility. SB 2504
received three committee references, but has yet
to receive a hearing. The House does not
have a companion
bill.
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Arbitration Agreements Governing Certain
Medical Negligence Claims
- No Change
SB 2034 by Senator Steve Wise
(R-Jacksonville) and HB 1529 by Representative
Nick Thompson (R-Ft. Myers) place requirements on
pre-dispute and post-dispute arbitration
agreements used in medical negligence and nursing
home cases. The bills state that the
provider may not refuse to provide services solely
because the consumer refused to sign the agreement
or exercised the right of rescission. The
bills also limit the use of arbitration in
emergency medical situations. SB 2034
received four committee references and HB 1529
received three. The bills have yet to
receive a
hearing.
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Scope of Practice
- No Change
SB 330 by Senator Mike Bennett
(R-Bradenton) and HB 135 by Representative Ron
Reagan (R-Sarasota) allow optometrists to
prescribe thirteen different oral medications,
some of which are controlled substances. SB
330 was approved by the Senate Health Regulation
Committee, and has one more committee hearing
before a vote by the full Senate. HB 135 by
Representative Reagan has yet to receive a
committee hearing in the
House.
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Statewide Tobacco Education and Use
Prevention Program
- No Change
SB 2744 by Senator Charlie Dean
(R-Inverness) and HB 1023 by Representative
Juan-Carlos Planas (R-Miami) provide substantive
and technical changes to Florida's Comprehensive
Statewide Tobacco Education and Use Prevention
Program (Program). SB 2744 and HB 1023 each
received three committee references. The
bills have yet to receive a committee
hearing.
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Controlled Substances
- No Change
SB 2722 by Senator Andy Gardiner
(R-Orlando) and HB 225 by Representatives John
Legg (R-Port Richey) and Joseph Abruzzo
(D-Wellington) further regulate the dispensing of
controlled substances in Florida.
The bills prohibit physicians from dispensing more
than a seventy-two hour supply of controlled
substances listed in Schedules II and III.
SB 2722 also includes controlled substances
under schedule IV. The bills do not apply to
controlled substance samples dispensed by licensed
physicians. The bills prohibit DOH from
registering pain clinics owned by non-physicians,
pain clinics employing or contracting with a
physician against whom regulatory action has been
taken related to drug or alcohol abuse, and pain
clinics with owners who have certain felony drug
convictions. HB 225 has one more committee hearing
before it receives a vote by the full
House. SB 2722 received three
committee references, but has yet to receive a
hearing.
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Continuity of Care
- No Change
SB 516 by Senator Mike Fasano
(R-New Port Richey) and HB 275 by Representative
Denise Grimsley (R-Sebring) prohibit health
insurance policies or medical service plan
contracts from limiting, reducing or denying
coverage for prescription drugs if the insured
person is currently using the drug, if the insured
person is covered under their policy/contract or
if the prescription drug was covered under the
policy or contract. These bills aim to
promote patient safety and ensure quality
care. SB 516 received three committee
references and HB 275 received four committee
references. The bills have yet to
receive a committee
hearing.
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Sovereign Immunity for Health Providers
- No Change
SB 1474 by Senator John Thrasher
(R-Jacksonville) and HB 791 by Representative Ron
Renuart (R-Ponte Vedra Beach) extend sovereign
immunity to emergency health care providers who
provide emergency care in hospitals. SB 1478
has three more committee hearings before a vote by
the full Senate. HB 791 received four
committee references and has yet to receive a
committee
hearing.
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Childhood Vaccines
- No Change
SB 222 by Senator Jeremy Ring
(D-Margate) and HB 117 by Representative Kevin
Ambler (R-Tampa) require health care practitioners
to provide the U.S. Centers for Disease Control
and Prevention Vaccination Information Statement
(VIS) to the parent or legal guardian of the minor
before the minor receives a vaccination. The
bills require the parent or legal guardian to sign
a statement acknowledging receipt of the VIS prior
to the minor receiving a vaccination. HB 117
was withdrawn from further consideration after
public testimony from organized medicine and other
opponents to the bill. SB 222 received three
committee references but has yet to receive a
committee hearing. Without a companion bill
in the House, it is unlikely SB 222 will
pass.
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Smoking in Vehicles with Minor Passengers
- No Change
Bills by Senator Victor Crist
(R-Tampa) and Representative Kevin Ambler
(R-Tampa) were inspired and written by a group of
high school students in their districts through
the, "Ought to be a Law" program. SB 2596
and HB 1141 create a second degree offense for a
person who is smoking while driving or in control
of a motor vehicle when a minor under the age of
sixteen is in the vehicle, regardless of whether
vehicle is in operation or is parked. SB
2596 received three committee references and HB
1141 received four references. The bills
have yet to receive a committee
hearing.
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