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 Capitol Update

Forward to a Friend                                                 May 3, 2010
Week 9
In This Issue
2010 Florida Legislative Session
Controlled Substances
Medicaid Reform/Health Care Budget
DOH
Treatment of Diabetes
Physician Assistants
Bills Did Not Pass
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2010 Florida Legislative Session
          The 2010 Regular Session of the Florida Legislature concluded Friday evening, April 30, with legislators adopting a $70.4 billion budget.  Already the rumors spread about Governor Charlie Crist calling the Legislature back for a Special Session. For now, however, session is over...and campaign season begins!

            A more comprehensive Final Capitol Update will follow next week.

Controlled Substances
- SB 2272 PASSED
            SB 2272 by Senators Mike Fasano (R-New Port Richey) and Andy Gardiner (R-Orlando) and HB 225 by Representatives John Legg (R-Port Richey) and Joseph Abruzzo (D-Wellington) further regulate pain management clinics and the dispensing of controlled substances in Florida in an effort to curb prescription drug abuse.  The bills require pain management clinics, as part of their registration with the Department of Health (DOH), to designate a physician licensed under chapter 458 or chapter 459 to comply with the requirements of registration and the operation of the pain management clinic.  Physicians may not practice medicine in a pain management clinic unless the clinic is registered with DOH and the physician has successfully completed an accredited pain management fellowship or complies with rules adopted by the Boards of Medicine or Osteopathic Medicine prior to July 1, 2012.  Under the bill, physicians must perform a physical evaluation of the patient on the same day as he or she prescribes and/or dispenses a controlled substance to the patient in a pain management clinic.  If the physician dispenses more than a 72-hour supply, the physician must report in the patient's record the reason for prescribing and/or dispensing that particular quantity.  Patients visiting pain management clinics are prohibited from purchasing more than a 72-hour supply of a controlled substance with cash, check or credit card, unless they are paying their insurance co-pay.
 
            DOH will institute a rule that defines the role of the designated physician at a pain management clinic and the Boards of Medicine and Osteopathic Medicine will adopt rules establishing the number of schedule II or schedule III or the controlled substance Alprazolam which may be written at each registered pain management clinic.  The Boards of Medicine and Osteopathic Medicine will also adopt rules for physicians who practice at privately owned pain management clinics that primarily engage in the treatment of pain by prescribing and/or dispensing controlled substances.   DOH may impose a fine of $5,000 per violation if the clinic does not comply with the requirements.

Medicaid Reform/Health Care Budget
- HB 5001 PASSED
            The state's health and human services budget is 9.35 percent more than last year's budget due to increased Medicaid caseloads.  The Legislature did not anticipate an extension of federal assistance for Medicaid and crafted the budget accordingly.

            Specifically, Medicaid spending was increased by $2.56 billion over the current year ($20.5 billion or 29 percent of the total state budget), which is a 14.05 percent increase due to the addition of approximately 301,482 new Medicaid recipients.  With a total projected budget shortfall of $3.2 billion, the Legislature focused on funding the following priorities: 

  • Restored the Medically Needy and MEDS AD Programs to approximately 39,684 beneficiaries monthly.
  • Funded the anticipated Kidcare enrollment growth of an additional 22,374 children.
  • Restored funding for services for pregnant women who qualify at between 150-185 percent of the federal poverty level.
         
          Programs within the Agency for Health Care Administration received numerous reductions.  Following are some of the key funding decisions:
 
  • Reduced nursing home reimbursement rates by 7 percent, effective July 1, 2010 ($199.4 million).  However, the Legislature provided an option for nursing homes to partially restore this reduction through its quality assessment program. This option is contingent upon the extension of the federal stimulus funds through July 2011.
  • Reduced hospice reimbursement rates by 7 percent, effective July 1, 2009 ($17.5 million).  Legislators also offered these providers a partial buy back of rate reductions through the quality assessment program.  
  • Reduced county health department reimbursement rates to the level paid to Federally Qualified Health Centers (FQHC) ($40.4 million).  The county health departments are permitted to buy back rate reductions through county intergovernmental transfers.
  • Reduced hospital inpatient and outpatient rates by ($287 million) effective July 1, 2010. The plan exempts children's specialty and rural hospitals.  Some hospitals have the ability to buy back rate reductions through the use of intergovernmental transfers, if available.
  • Reduced prepaid health plan payments by $63.3 million based on the projected Medicaid Prepaid Health Plan rates effective September 1, 2009.  Prepaid health plan reimbursement rates are calculated as a percentage of the hospital inpatient, hospital outpatient and County Health Department Clinic rates, and receive a corresponding reduction when hospital inpatient rates are reduced.
  • Eliminated the MediPass $2/member/month case management fee.

         DOH also faced severe budget reductions this year.  DOH's budget is $2.9 billion, a decrease of $32.7 million in general revenue over the current year's spending, which represents a 1.1 percent decrease. DOH's administration was reduced by $6.3 million in general revenue funds.  Some notable spending areas include the following:

  • DOH's budget for next year provides $26.1 million in targeted stimulus funds:
o   $9.7 million for Early Learning Intervention Services;
o   $4.4 million for Immunizations Services, $1.4 million for Community Health Centers;
o   $2.9 million for Behavioral Risk Factor Surveillance and Diabetes Prevention  programs; and
o   $9 million for Communities Putting Prevention to Work.
  • DOH's budget allocates $1.5 million for the Rural Diversity Minority Healthcare Program and $19.9 million for maintenance repair and capital improvement projects to county health departments.
  • Other DOH reductions include:
o   Special projects ($624,000);
o   Area Health Education Center Networks ($4.9 million);
o   Children's Medical Services ($3.4 million);
o   Healthy Start Coalitions ($2.6 million);
o   Florida Center for Nursing ($450,000); and
o   Contributions to county health departments ($30.1 million) in general revenue funds.

Department of Health (DOH)
- HB 5311 PASSED
                HB 5311 makes several revisions to statutes relating to trust funds administered by DOH to conform to the General Appropriations Act for Fiscal Year 2010-2011.  HB 5311 transfers the regulation of drugs, devices, cosmetics and household products from DOH to the Department of Business and Professional Regulation.  The bill creates the Physician Workforce Advisory Council and allows FAFP to recommend one of its members to serve on the Physician Workforce Advisory Council.  Additionally, 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. 

Treatment of Diabetes
- HB 747 PASSED
           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.  The bills permit 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. Additionally, the bills add a member of FAFP to the Diabetes Advisory Council.  

Physician Assistants
- HB 573 PASSED
            SB 1456 by Senator Dennis Jones (R-Seminole) and HB 573 by Representative Paige Kreegel (R-Punta Gorda) delete the requirement that physician assistants provide evidence to DOH, before they prescribe or dispense medication, that they have completed three months of clinical experience practicing in the specialty area of their supervising physician. 

THE FOLLOWING BILLS DID NOT PASS:

Autism Spectrum Disorder
- SB 214 by Senator Jeremy Ring (D-Margate) and HB 107 by Representative Marti Coley (R-Marianna)
 
Child Restraint Requirements in Motor Vehicles
- SB 316 by Senator Thad Altman (R-Melbourne) and HB 387 by Representative Rich Glorioso (R-Plant City)
 
Smoking in Vehicles with Minor Passengers  
- SB 2596 by Senator Victor Crist (R-Tampa) and HB 1141 by Representative Kevin Ambler (R-Tampa)\
 
Department of Health (DOH) Reorganization
- HB 7183 by the House Health Care Regulation Policy Committee
 
Physician Workforce
- SB 1256 by Senator Durell Peaden (R-Crestview) and HB 935 by Representative Ed Homan (R-Temple Terrace)
 
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)

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)


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