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Capitol Update

Volume 7, Issue 5

April 14, 2008

Work Incentive Medicaid Coverage - HB 1311(Reed) / SB 2684(Crist)

Florida’s Return On Investment

The Senate was listening and this bill will be heard on Tuesday, April 15, 2008 @ 10:45 AM!

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.

Florida’s Investment of $1.3 million for Work Incentive Medicaid Coverage in its first year is estimated to generate over $2 million that is returned to the state and federal government in taxes that the state uses to operate.

We still need this bill to be heard in the Healthcare Council!

Please contact Representative Aaron Bean, Chair, Healthcare Council and Representative Ray Sansom, Chair, Policy and Budget Council and ask them to agenda and pass this economic stimulus package!


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
4/10/08 - SENATE - on Committee agenda - Health Policy, 04/15/08, 10:45 am, 301 S

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


The Florida Developmental Disabilities Council calls on the Legislature to focus on eliminating tax hand-outs and corporate loopholes rather than cutting vital social services.

Corporate tax loopholes, tax exemptions and special interest subsidies represent an annual loss of billions of dollars in potential state revenue, but rather than examining these programs in any meaningful way, the Legislature is continuing to balance the budget on the backs of Florida’s public schools, health care and other vital social programs.

The Council is asking the Legislature to stop the harmful proposed cuts to the Health and Human Services Budgets, which involve, in some instances, life-saving programs, by taking money from other available sources. We believe that all Floridians should bear the burden of budget cuts, and that not just one segment of our population should be held accountable for the dire situation in which we now find ourselves.

The Council asks that lawmakers consider all available revenue resources, especially ones that give subsidies and tax breaks to certain groups and businesses, when they are voting on how to fund programs for Floridians with disabilities. We believe that businesses will want to participate in helping our most vulnerable citizens.


APD Budget Update

Comparison of Conforming Bills

Senate Bill SB 1866

  • Caps spending for Tier 1 at $150,000
  • Changes criteria for Tier 2 from more than 5 hours residential habilitation daily to authorization for moderate level of support for standard residential habilitation services or minimal level of support for behavior focus residential habilitation.

House Bill HB 5087

  • Changes criteria for Tier 2 from more than 5 hours residential habilitation daily to authorization for moderate level of support for standard residential habilitation services or minimal level of support for behavior focus residential habilitation.
  • As of July 1, 2008, APD may adjust cost plans for the home and community based or family supported living waiver to reflect costs for the previous fiscal year plus 5% if the adjusted amount is less than the current cost plan. The adjustment must be based on at least 3 months of actual expenditures.
  • All fees collected from clients pursuant to s. 402.33 are to be deposited in the Operations and Maintenance Trust Fund.
  • Moves hearings regarding Medicaid programs to DCF

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
04/01/08 - SENATE - Favorable with CS by Health Policy; 6 Yeas, 0 Nays
04/03/08 - SENATE - Committee Substitute (C1) Filed
04/10/08 - SENATE - Favorable with CS by Health and Human Services Appropriations; 4 Yeas, 0 Nays
04/11/08 - SENATE - Committee Substitute (C3) Filed

Compare Bills
HB 1291 - Relating to Autism Spectrum Disorder - Porth
This bill includes additional language that requires training provisions for child care personnel and procedures for early detection of Autism Spectrum Disorders.
03/07/08 - HOUSE - Referred to Healthcare Council; Policy & Budget Council
03/18/08 - HOUSE - Favorable with 1 Amendment by Health Innovation; 4 Yeas, 3 Nays
04/02/08 - HOUSE - Now in 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
03/04/08 - HOUSE - Favorable with 1 Amendment by Healthy Families; 9 Yeas, 0 Nays
04/01/08 - HOUSE - Favorable with CS by Healthcare Council; 18 Yeas, 0 Nays
04/10/08 - HOUSE - Council Substitute (C1) Filed

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
03/25/08 - SENATE - Favorable with CS by Judiciary; 10 Yeas, 0 Nays
03/27/08 - SENATE - Committee Substitute (C1) Filed; Now in Health and Human Services Appropriations


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


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
04/08/08 - HOUSE - Favorable with CS by Schools & Learning Council; 14 Yeas, 0 Nays
04/10/08 - HOUSE - Committee Substitute (C1) Filed

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
04/10/08 - SENATE - Favorable by Education Pre-K - 12 Appropriations; 5 Yeas, 0 Nays


SB 110 - Relating to Disability History and Awareness Weeks by Fasano Cosponsors: Bullard (L)

Summary - Resolution Disability History and Awareness Weeks; Recognizes October 1-15, 2008, as "Disability History and Awareness Weeks" and encourages public schools and universities to provide instruction on disability history, people with disabilities, and the disability rights movement, etc.

Actions
04/02/08 - SENATE - Read Second time; Adopted


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
04/03/08 - SENATE - Withdrawn from Criminal and Civil Justice Appropriations; Placed on Calendar, on second reading

Identical Bill
HB 233 - Relating to Elderly Persons and Disabled Adults - Anderson Cosponsors: Ambler, Heller, Holder, Porth, Sachs
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.


SB 788 - Relating to Transportation Disadvantaged/Services - by Fasano

Summary - General Transportation Disadvantaged/Services –This bill revises the number of members required for a quorum at a meeting of the Commission for the Transportation Disadvantaged and revises responsibilities for the commission. The bill requires the commission to incur expenses for the purchase of advertisements, marketing services, and promotional items. The bill revises and creates duties and responsibilities for agencies that purchase transportation services for the transportation disadvantaged.

Actions
01/24/08 - SENATE - Referred to Transportation; Community Affairs; Transportation and Economic Development Appropriations
03/04/08 - SENATE - Favorable by Transportation; 7 Yeas, 0 Nays
03/13/08 - SENATE - Favorable by Community Affairs; 9 Yeas, 0 Nays; Now in Transportation and Economic Development Appropriations
03/24/08 - SENATE - Transportation and Economic Development Appropriations Meeting canceled, 03/24/08, 4:30 pm; On Committee agenda - Transportation and Economic Development Appropriations, 03/25/08, 3:00 pm, 309 C
03/25/08 - SENATE - Temporarily postponed by Transportation and Economic Development Appropriations
03/28/08 - SENATE - On Committee agenda - Transportation and Economic Development Appropriations, 04/02/08, 8:30 am, 309 C
04/02/08 - SENATE - Favorable with CS by Transportation and Economic Development Appropriations; 5 Yeas, 0 Nays
04/03/08 - SENATE - Committee Substitute (C1) Filed

Similar Bill
HB 1175 - Relating to Transportation Disadvantaged Services - by Robaina
03/05/08 - HOUSE - Referred to Healthcare Council; Policy & Budget Council
03/13/08 - HOUSE - Referred to Committee on Health Innovation by Healthcare
04/04/08 - HOUSE - Referral revoked from Committee on Health Innovation by Healthcare Council
04/08/08 - HOUSE - Favorable with CS by Healthcare Council; 18 Yeas, 0 Nays


SB 1954 - Relating to Developmental Disabilities by Rich CS Sponsors: Children, Families, and Elder Affairs

Summary - Agency for Persons with Disabilities 2008 legislative package.

This bill revises the term "developmental disabilities institution" to be known as a "developmental disabilities center." It revises provisions regarding background screening of direct service providers. It also provides additional grounds for denying, suspending, or revoking a license, and imposing a fine against a provider serving clients of the Agency for Persons with Disabilities if the licensure applicant or licensee has been verified by the caregiver responsible for abuse, neglect, or abandonment of a child; abuse, neglect or exploitation of an adult; or previously had a license revoked by APD, the Agency for Health Care Administration, or DCF.

Actions
02/27/08 - SENATE - Referred to Children, Families, and Elder Affairs; Health Regulation; Health and Human Services Appropriations
03/26/08 - SENATE - Favorable with CS by Children, Families, and Elder Affairs; 6 Yeas, 0 Nays
03/28/08 - SENATE - Committee Substitute (C1) Filed
04/08/08 - SENATE - Favorable by Health Regulation; 7 Yeas, 0 Nays
04/10/08 - SENATE - On Committee agenda - Health and Human Services Appropriations, 04/15/08, 2:15 pm, 110 S

Similar Bill
HB 7075 - Relating to Developmental Disabilities - Healthcare Council, Galvano
Summary - General Developmental Disabilities: Revises exemption from certain requirements for refingerprinting & rescreening; provides circumstances under which APD may deny, revoke, or suspend license or impose fine; authorizes direct service providers to administer certain prescription medications to clients with developmental disabilities; authorizes sheriff to transport defendant determined incompetent to proceed due to retardation or autism to county jail pending court appearance at competency hearing held within specified period of time.
Actions
04/07/08 - HOUSE - filed (formerly PCB HCC25)
04/08/08 - HOUSE - Referred to Calendar


SB 862 - Relating to Developmental Disabilities Institutions - Fasano Cosponsors: Lynn CS Sponsors: Children, Families, and Elder Affairs

Summary - Developmental Disabilities Institutions. This bill requires the Agency for Persons with Disabilities to submit a report containing a detailed plan to the Governor and the Legislature if the agency proposes to close, or reduce by 20 percent or more, the resident population of the Marianna Sunland or the Tacachale developmental disabilities institutions.

Actions
01/24/08 - SENATE - Referred to Children, Families, and Elder Affairs; Health and Human Services Appropriations
02/20/08 - SENATE - Favorable with CS by Children, Families, and Elder Affairs; 7 Yeas, 0 Nays
02/22/08 - SENATE - Committee Substitute (C1) Filed
03/03/08 SENATE Reference to Governmental Operations added; Remaining references: Governmental Operations; Health and Human Services Appropriations; Now in Governmental Operations

Identical Bills
HB 0333 - Relating to Developmental Disabilities Institutions by Nehr
03/31/08 HOUSE Placed on Calendar, on second reading