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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.
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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.
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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.
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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.
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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.
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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.
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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)
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