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 Capitol Update

 March 22, 2010
Week 3
In This Issue
2010 Florida Legislative Session
Medical Home Pilot Project
Health Care Funding and Medicaid
Autism Spectrum Disorder
Child Restraint Requirements
Balanced Billing
Arbitration Agreements
Scope of Practice
Statewide Tobacco Education & Use Prevention Program
Controlled Substances
Continuity of Care
Sovereign Immunity for Health Providers
Childhood Vaccines
Smoking in Vehicles with Minor Passengers
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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:

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. 

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.

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.

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.

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.

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.

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.

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.

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. 

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.

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.

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.

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.

To View Specific Bills

The House Bills Click Here

The Senate Bills Click Here
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Tad P. Fisher, Executive Vice President | Florida Academy of Family Physicians | 800-223-3237 | 6720 Atlantic Blvd. | Jacksonville | FL | 32211