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104th Family Medicine
Weekend
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April 23-25,
2010
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Grand Hyatt Tampa Bay 2900
Bayport Drive Tampa, FL 33607
800-233-1234
For Course Information & Registration Brochure
please click here. To make
your hotel reservations Grand Tampa Bay please click here.
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2010 Florida Legislative Session
The Legislature concluded week seven of nine
steeped in politics. Governor Charlie
Crist's veto of SB 6, the Legislature's education
initiative, drew criticism from Republican
legislators, several of whom withdrew their
support for the Governor's senatorial
campaign. The media fueled the fire by
increasing speculation that Governor Crist would
leave the Republican Party and run for the U.S.
Senate as an independent candidate.
Also,
potentially bleak budget news from Washington D.C.
generated questions about whether the additional
federal dollars that legislative leaders are
counting on to balance the state budget will be
authorized. The budget conference process was to
commence over the weekend, but was stalled
indefinitely.
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Medicaid Reform
Two weeks ago the House Select Policy Council on
Strategic and Economic Planning unveiled its
Medicaid reform proposal. The proposal (HB
7223) quickly moved through the committee process
and was heard by the full House late Friday. The
proposal ends MediPass and fee for service in
Medicaid, and replaces those programs with the
Managed Medical Assistance Program. Under the new
program, a vast majority of Medicaid patients will
be placed in a managed care plan. Only a small,
select group of Medicaid patients will be exempt
from mandatory managed care enrollment. All
care in the Managed Medical Assistance Program
will be provided by a "qualified plan." Qualified
plans are limited to health insurance companies,
exclusive provider organizations, health
maintenance organizations and provider service
networks. Qualified plans will be paid on a
capitated, per-member per-month basis.
Additionally the proposal allows qualified
plans to be designated as medical homes. The plans
that choose to become an accredited medical home
will receive priority in the plan selection
process for a particular region.
Several
amendments were adopted on the House floor,
including a requirement that qualified plans must
follow prompt payment guidelines that require
qualified plans to pay a claim within twenty days
of the receipt or notify the provider that the
claim is denied. Ultimately if the qualified plan
has not denied the claim within one hundred and
twenty days, the claim must be paid in
full. The House approved amendments easing
concerns held by county taxing districts that
contribute intergovernmental transfers for
hospitals and also agreed to require qualified
plans to develop internal grievance resolution
procedures to respond to enrollees'
grievances.
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Active
Bills Controlled Substances
- SB 2272
amended and approved by Senate Criminal
Justice SB
2272 by Senator Mike Fasano (R-New Port Richey),
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 in an effort to curb prescription drug
abuse.
Last
week the content of SB 2722 was merged into SB
2272 during a committee hearing by the Senate
Criminal Justice Committee. SB 2272 by
Senator Fasano received approval by the Senate
Criminal Justice Committee. The new bill does
not include the seventy-two hour dispensing
prohibition for physicians, which was adamantly
opposed by organized medicine. Several weeks
ago during a committee hearing by the House Health
Care Appropriations Committee, the seventy-two
hour dispensing prohibition for physicians was
removed from HB
225. SB
2272 has two more committee hearings before a vote
by the full
Senate. HB
225 is awaiting a vote by the full
House.
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Autism Spectrum Disorder
- No
movement SB
214 by Senator Jeremy Ring (D-Margate) and HB 107
by Representative Marti Coley (R-Marianna) allow
physicians to decide whether it is "medically
necessary" to refer a minor patient to an
"appropriate specialist" for screening for autism
spectrum disorder. If the physician does not
believe a screening is "medically necessary," the
parent or legal guardian is permitted under the
bill to seek a second opinion from an "appropriate
specialist" without obtaining a referral to see
the "appropriate specialist." Insurers are
required to provide direct access to an
"appropriate specialist" for autism spectrum
disorder screening if the screening is
requested. The insurance lobby strongly
opposes the direct referral provision.
Representative
Coley recently attempted to amend HB 107 to expand
the definition of "appropriate specialists" to
include individuals licensed under Chapter 491,
clinical social workers, marriage and family
therapists and mental health
counselors. Representative Coley ultimately
withdrew the amendment amid concerns expressed by
organized medicine. Last week we met with
Senator Ring on behalf of FAFP and urged him not
to file the amendment to SB 214. Senator Ring
does not appear interested in pursuing the
amendment due to the public health concern we
addressed during the meeting. The bills have
one more committee hearing each before the bills
receive votes by the full Senate and
House.
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Treatment of Diabetes
- SB 896 by
Senate Education Pre-K 12 Appropriations will
receive a hearing
today SB
896 by Senator Durell Peaden (R-Crestview) and HB
747 by Representative Nick Thompson (R-Fort Myers)
prohibit a school district from restricting the
assignment of a student who has diabetes to a
particular
school. HB
747 was recently amended and the bills are now
substantively different. Specifically, HB 747
prohibits school districts from restricting the
assignment of a student who has diabetes to a
particular school on the basis that the student
has diabetes, that the school does not have a
full-time nurse or that the school does not have
trained diabetes personnel. The bill permits
diabetic students, whose parent and physician
provide their written authorization to the school
principal, to carry diabetic supplies and
equipment while in school or while participating
in school sponsored activities. The State Board of
Education, in cooperation with the Department of
Health (DOH), must adopt rules for the management
and care of diabetes by students in schools.
Additionally, FAFP worked with
Representative Thompson to include a member of
FAFP to the Diabetes Advisory Council.
HB
747 was approved by the full House last week and
is awaiting consideration by the full
Senate. SB 896 will receive its final
committee hearing by the Senate Education Pre-K 12
Appropriations Committee today. During the meeting
Senator Peaden is expected to amend his bill and
make it identical to HB
747.
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Physician Workforce
- HB 1503
amended and approved by the House Health and
Family Services Policy
Council SB
1256 by Senator Durell Peaden (R-Crestview)
modifies the section of law that establishes DOH's
responsibility for physician workforce
development. SB 1256 creates a Physician
Workforce Advisory Council and a Physician
Workforce Graduate Medical Education (GME)
Innovation Pilot Projects program. The bill
repeals the Community Hospital Education Act that
includes the Community Hospital Education Council,
the GME Committee, the GME annual report and the
Community Hospital Education Program.
Additionally the bill allows FAFP to
recommend one of its members to serve on the
Physician Workforce Advisory Council. SB 1256
has one more committee hearing before a vote by
the full Senate. A similar bill, HB 935, by
Representative Ed Homan (R-Temple Terrace) has yet
to receive a committee
hearing. Last
week HB 1503, a comprehensive health care bill by
Representative Anitere Flores (R-Miami) was
amended to include the substance of SB 1256 and
was approved by the House Health and Family
Services Policy
Council.
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Child Restraint Requirements in Motor
Vehicles
- SB 316
approved by Senate Transportation and Economic
Development Appropriations
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. SB 316
bases the restraint requirement on a child's
height rather than age. SB 316 received
unanimous approval by the Senate Transportation
and Economic Development Appropriations Committee
last week. The bill is awaiting a vote by the
full Senate. HB 387 received three committee
references, and has yet to receive a
hearing.
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Department of Health (DOH) Reorganization
- HB 7183 is
on the House Special Order Calendar for April
20 HB
7183 by the House Health Care Regulation Committee
aims to refocus the mission of the Department of
Health (DOH) by streamlining and prioritizing
public health functions in order to create greater
efficiency and accountability while increasing the
quality of care for Floridians.
Specifically, HB 7183 authorizes the
Department of Health (DOH) to develop a new plan
for the treatment and hospitalization of patients
with tuberculosis. Under the plan, DOH would
close A.G. Holley State Hospital, and transition
its patients to private and non-state public
hospitals within a ninety day period. HB 7183 will
receive a hearing by the full House this week.
The Senate does not have a companion
bill. This bill will certainly be part of
negotiations between the Senate and House during
the final
weeks.
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No action
was taken on these bills last week. For
further information, please refer to the April 6
Capitol Update.
Smoking
in Vehicles with Minor
Passengers
-SB 2596 by
Senator Victor Crist (R-Tampa) and HB 1141 by
Representative Kevin Ambler
(R-Tampa)
Statewide Tobacco
Education and Use Prevention Program
- HB 5309 House Health
Care Appropriations Committee
Balanced
Billing - SB 2504 by Senator Al
Lawson (D-Tallahassee) Arbitration
Agreements Governing Certain Medical Negligence
Claims - SB 2034 by Senator
Steve Wise (R-Jacksonville) & HB 1529 by
Representative Nick Thompson (R-Ft. Myers)
Optometry/Oral
and Topical Pharmaceutical Agents - SB 330 by Senator Mike
Bennett (R-Bradenton) and HB 135 by Representative
Ron Reagan (R-Sarasota) Physician
Assistants - SB 1456 by Senator
Dennis Jones (R-Seminole) and HB 573 by
Representative Paige Kreegel (R-Punta
Gorda) Advanced
Registered Nurse Practitioners - SB 188 by Senator Mike
Bennett (R-Bradenton) and HB 677 by Representative
Juan Zapata (R-Miami) Continuity
of Care - SB 516 by Senator Mike
Fasano (R-New Port Richey) and HB 275 by
Representative Denise Grimsley (R-Sebring)
Sovereign
Immunity for Health Providers - SB 1474 by Senator
John Thrasher (R-Jacksonville) and HB 791 by
Representative Ron Renuart (R-Ponte Vedra Beach)
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