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Capitol Update
Volume 7, Issue 2
March 24, 2008
Developmental Disabilities Awareness Day 2008 was very successful!
Over three hundred individuals gathered in Tallahassee at the Capitol’s second floor rotunda to visit exhibits, share information and attend the press conference that featured Lt. Governor Jeff Kottcamp, Representative Bill Galvano and Representative Curtis Richardson.
The Lt. Governor praised the progress of the Agency for Persons with Disabilities under the leadership of Jane Johnson and offered encouragement to the crowd, many of whom will be advocating for services for individuals with developmental disabilities during a tough budget year.
Advocates spread out through the Capitol to meet with their legislators and many witnessed the proposed Autism bill or “Window of Opportunity Act” pass its first Committee assignments in the House and the Senate.
Agency for Persons with Disabilities Budget Update
As I mentioned last week, the Healthcare Council in the Florida House of Representatives is using this opportunity to go through General Revenue Programs that have made up the base of Florida’s human services budget for years. Previously programs in the base were held sacred and only new programs were scrutinized. The following recommendations were made to start off the 2008-2009 budget reductions by the Healthcare Council and the Senate Health and Human Services Committee concurred;
- Eliminate one vacant position in the APD Central Budget Office- $54,622
- Eliminate recurring funding for start-up funding for group homes-$72,960
- Eliminate start-up funding for Community Development services-$91,060
- Re-bid prior service authorization contracts-$1.2 million
- Provide IT services with existing positions and eliminate contractual service funding-$187,804
- Renegotiate contract for Web Based competency training for direct care staff-$125,000
- Eliminate contract with the University of Florida for Self Injurious Behavior-$178,235
Recommendations that will include more reductions based on continuing low revenue predictions will be finalized this week as both the House and the Senate will unveil their budget proposals.
For individuals with developmental disabilities, the initial recommendations of the legislators were made based on input from the Agency for Persons with Disabilities and do not involve cuts to services. Advocates are bracing themselves for as much as a ten percent cut in services because legislators may be asked to cut an estimated 750 million more dollars from the entire Health and Human Services budget.
SB 2684 - Relating to Optional Payments for Medical Assistance-Crist
Summary - Optional Payments for Medical Assistance; This bill provides for Medicaid eligibility for certain persons with disabilities under a Medicaid buy-in program, subject to specific federal authorization. This program would allow people with disabilities to go back to work without fear of losing their Medicaid, as long as they share in paying for their Medicaid services.
Actions
03/20/08 - SENATE - Referred to Health Policy; Children, Families and Elder Affairs and Health and Human Services Appropriations
Identical Bill
HB 1311 - Relating to Optional Payments for Medical Assistance -Reed
03/07/08 - HOUSE - Referred to Healthcare Council; Policy & Budget Council
03/13/08 - HOUSE - Referred to Committee on Health Innovation by Healthcare Council
HB 739 - Relating to Guardian Advocates for Persons with Developmental Disabilities-Ambler
Summary - Guardian Advocates for Persons with Developmental Disabilities: This bill provides a list of persons from which the court must select a guardian advocate and provides that the guardian advocate need not be represented by an attorney. It revises requirements for petition seeking appointment of a guardian advocate and modifies who may be appointed counsel to person with developmental disabilities. It also revises powers and duties of the guardian advocate with respect to financial accounting requirements.
Actions
02/06/08 - HOUSE - Referred to Healthcare Council; Policy & Budget Council
02/11/08 - HOUSE - Referred to Committee on Healthy Families by Healthcare Council
03/04/08 - HOUSE - Favorable with 1 Amendment by Healthy Families; 9 Yeas, 0 Nays
03/05/08 - HOUSE - Now in Healthcare Council
Similar
SB 688-Relating to Developmentally Disabled/Guardian Advocates - Crist
01/09/08 - SENATE - Referred to Children, Families, and Elder Affairs; Judiciary; Health and Human Services Appropriations
02/20/08 - SENATE - Favorable by Children, Families, and Elder Affairs; 7 Yeas, 0 Nays
03/20/08 - SENATE - On Committee agenda - Judiciary, 03/25/08, 12:45 pm, 110 S
SB 2028 - Relating to Disabled School Students/Discipline - Duetch
Summary - Disabled School Students/Discipline [SPCC]-This bill requires the training of school personnel concernning procedures for safely restraining students with disabilities in an emergency. Prohibits school personnel from restraining a student with disabilities for a behavioral intervention or when the student is prone. The bill also provides for parental notification of incidents of restraint and provides for an outside review committee.
Actions
02/27/08 - SENATE - Referred to Education Pre-K - 12; Children, Families, and Elder Affairs; Education Pre-K - 12 Appropriations
Identical Bills
HB 1139 - Relating to Discipline of Students with Disabilities by Bucher
03/02/08 - HOUSE - Referred to Schools & Learning Council
SB 2654 - Relating to Autism Spectrum Disorder - Geller
Summary - General Autism Spectrum Disorder; The "Window of Opportunity Act" would require health insurance plans to provide coverage for screening, diagnosis, intervention, and treatment of autism spectrum disorder in certain children. The bill prohibits an insurer from denying or refusing coverage or refusing to renew or reissue or terminate coverage based on a diagnosis of autism spectrum disorder .The bill includes training provisions for child care personnel and procedures for early detection of Autism Spectrum Disorders. EFFECTIVE DATE: 01/01/2009.
Actions
03/13/08 - SENATE - Referred to Banking and Insurance; Health Policy; Health and Human Services Appropriations;
03/18/08 - SENATE - Favorable with CS by Banking and Insurance; 8 Yeas, 0 Nays
03/20/08 - SENATE - Committee Substitute (C1) Filed
03/21/08 - SENATE - Now in Health Policy
Compare Bills
HB 1291 - Relating to Autism Spectrum Disorder - Porth
03/07/08 - HOUSE - Referred to Healthcare Council; Policy & Budget Council
03/13/08 - HOUSE - Referred to Committee on Health Innovation by Healthcare Council
03/18/08 - HOUSE - Favorable with 1 Amendment by Health Innovation; 4 Yeas, 3 Nays
HB 1319 - Relating to Medicaid Utilization Management Program - Roberson
Summary - General Medicaid Utilization Management Program-The bill deletes the provision requiring the Agency for Health Care Administration to develop and implement utilization management programs for Medicaid-eligible recipients for management of occupational, physical, respiratory, & speech therapies. There currently are plans to put therapy services for children age 0-21 into for-profit managed care. This bill would terminate those plans.
Actions
03/07/08 - HOUSE - Referred to Healthcare Council; Policy & Budget Council
03/13/08 - HOUSE - Referred to Committee on Health Innovation by Healthcare Council
Identical Bills
SB 2238 - Relating to Medicaid Utilization Management Program by Garcia
03/07/08 - SENATE - Referred to Health Policy; Health Regulation; Children, Families, and Elder Affairs; Health and Human Services Appropriations
HB 91 - Relating to Disability History and Awareness –Richardson Cosponsors: Galvano, Kendrick, Kriseman, Sachs, Skidmore, Zapata
Summary - General Disability History and Awareness-This bill authorizes district school boards to designate "Disability History and Awareness Weeks" during the first 2 weeks in October each year. The bill provides for students in all K-12 public schools to be provided disability history and awareness instruction. Encourages state postsecondary institutions to conduct and promote activities related to disability history and awareness.
Actions
09/17/07 - HOUSE - Referred to Schools & Learning Council; Policy & Budget Council
01/24/08 - HOUSE - Referred to Committee on K-12 by Schools & Learning Council
03/18/08 - HOUSE - Favorable with 1 Amendment by K-12; 8 Yeas, 1 Nay
03/19/08 - HOUSE - Now in Schools & Learning Council
Similar
SB 856 - Relating to Disability History and Awareness Pilot Project - Fasano CS Sponsors: Children, Families, and Elder Affairs
01/24/08 - SENATE - Referred to Education Pre-K - 12; Children, Families, and Elder Affairs; Education Pre-K - 12 Appropriations
02/20/08 - SENATE - Favorable by Education Pre-K - 12; 5 Yeas, 0 Nays
03/19/08 - SENATE - Favorable with CS by Children, Families, and Elder Affairs; 7 Yeas, 0 Nays
03/20/08 - SENATE - Committee Substitute (C1) Filed
03/21/08 - SENATE - Now in Education Pre-K - 12 Appropriations
SB 1570 - Relating to Medicaid Managed Care Pilot Program - Lynn
Summary - General Medicaid Managed Care Pilot Program. This bill provides exceptions to mandatory enrollment in the Medicaid managed care pilot program and provides for expiration of such exceptions. The bill requires the Agency for Health Care Administration (AHCA) to take on additional powers, duties, and responsibilities with respect to the pilot program. This bill requires that AHCA provide Medicaid recipients with certain information, such as, planned standards for granting services in excess of the plan's service caps. The language states that” Persons with developmental disabilities as defined by s.393.063 (9), children found to be dependent pursuant to s. 39.01(14), persons with severe and persistent mental illness, and recipients who meet the institutional or "ICP" level of care required for Medicaid nursing home care or enrollment in a Medicaid home-based or community-based waiver are excluded from mandatory enrollment in the pilot program until the service delivery systems described in the current statute have been developed and evaluated for a period of at least 1 year and until the Legislature expressly authorizes their mandatory enrollment.
Actions
02/21/08 - SENATE - Referred to Health Policy; Health Regulation; Children, Families, and Elder Affairs; Health and Human Services Appropriations
03/19/08 - SENATE - Favorable with 4 Amendments by Health Policy; 7 Yeas, 0 Nays
03/20/08 SENATE Now in Health Regulation
SB 366 - Relating to Elderly Persons and Disabled Adults/Abuse & Neglect - Margolis Cosponsors: Fasano, Bullard (L)
Summary - General Elderly Persons and Disabled Adults/Abuse and Neglect This bill reclassifies the offense of aggravated abuse of an elderly person or disabled adult from a second-degree felony to a first-degree felony. This bill also requires certified law enforcement officers to complete training in identifying and investigating elder abuse and neglect before June 30, 2011.
Actions
11/28/07 - SENATE - Referred to Criminal Justice; Children, Families, and Elder Affairs; Criminal and Civil Justice Appropriations
02/06/08 SENATE Favorable by Criminal Justice; 9 Yeas, 0 Nays
03/19/08 SENATE Favorable by Children, Families, and Elder Affairs; 7 Yeas, 0 Nays
03/20/08 SENATE Now in Criminal and Civil Justice Appropriations
HB 233 - Relating to Elderly Persons and Disabled Adults - Anderson Cosponsors: Ambler, Heller, Holder, Porth, Sachs
Actions
12/12/07 HOUSE Referred to Safety & Security Council; Policy & Budget Council
02/06/08 HOUSE Favorable by Homeland Security & Public Safety; 7 Yeas, 0 Nays
02/20/08 HOUSE Favorable by Safety & Security Council; 12 Yeas, 0 Nays; Now in Policy & Budget Council
03/18/08 HOUSE Favorable by Policy & Budget Council; 32 Yeas, 0 Nays
03/19/08 HOUSE Placed on Calendar, on second reading.