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Capitol Update
Volume 7, Issue 7
May 9, 2008
Autism Legislation passes!
Public Policy Staff Contact:
Margaret J. Hooper,
Public Policy Coordinator
margaretd@fddc.org
(800) 580-7801 or (850) 488-4180
Representative Loranne Ausley's tears said it all as Representative Andy Gardiner quietly concurred with a version of the Window of Opportunity Act bill that was closer to Senator Steven Geller's original bill than the bill that was offered by the House on the recommendation of the Select Committee on Autism and Developmental Disorders.
The Autism bill's (SB 2654) major features include:
- A new Medicaid service for very intensive applied behavioral analysis (ABA) services and therapies such as speech, physical therapy and occupational therapy.
- Limited to ages 0 through 5;
- Limited to $36,000 per year for up $108,000 over a person's lifetime;
- Limited to persons with developmental disabilities, autism spectrum disorder and Down syndrome; and,
- Implementation is subject of prior legislative approval (and appropriation).
- An effort to negotiate coverage for non-autistic children with developmental disabilities by private insurance carriers with;
- Negotiations to begin by 8/31/08;
- A report due to the legislature on 2/15/09 and annually thereafter on progress; and,
- No deadline if the negotiations fail.
- Mandatory private health insurance coverage beginning 4/1/09 for individuals with autism spectrum disorder to the age of 18;
- Includes well-baby and well-child screening;
- Includes treatment using applied behavioral analysis (ABA) services as well as speech, physical therapy and occupational therapies;
- A $36,000 annual limit and $200,000 lifetime limit with maximum benefits changing annually after 2011, based on medical Consumer Price Index; and,
- Enforcement of provision beginning in 2010.
- A similar mandatory provision for HMOs.
Left out of the compromise was:
- Expanding KidCare to cover these services so people can buy insurance coverage for their children;
- Removing the one year of public school attendance requirement on the McKay scholarship program so children can begin to access these funds as soon as they are diagnosed;
- An expanded role for the 7 CARD (Center for Autism and Related Disorders) programs so their services are available for all children with developmental disabilities or delay for ages 0-4.
Budget Update (Recap)
Agency for Persons with Disabilities
House leaders fought valiantly for language that would modify tiers and for the House position on provider rates.
Most of the Senate positions for individuals with developmental disabilities prevailed and the Senate did not entertain new language that would have eased the implementation of the tiers.
The main APD final conference outcomes are as follows;
- Providers lose 43 million dollars with a 5.5 % cut.
- Cost Plans will be frozen at the expenditure level plus 5% with certain exceptions.
- Tier One remains uncapped
- Fair Hearings remain in the Division of Administrative Hearings.
- There was over 3 million dollars assigned for more people to do consumer assessments.
Early Steps
Extra non-recurring funding was provided to offset a pending federal reduction. There will be no reductions in Early Steps / Part C funding this year. Your calls and e-mails worked!
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. 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
04/01/08 SENATE Favorable with CS by Health Policy; 6 Yeas, 0 Nays
04/10/08 SENATE Favorable with CS by Health and Human Services Appropriations; 4 Yeas, 0 Nays
05/02/08 SENATE Received from Messages; Amendment Adopted (697284); Concurred with Amendment as Amended (370293); Passed (Vote: 40 Yeas / 0 Nays); In House returning messages; Received from Messages; Amendment Adopted (711507); Concurred with Amendment as Adopted (697284); Passed (Vote: 118 Yeas / 0 Nays); In Senate returning messages; Received from Messages; Refused to Concur, request House to recede; In returning House messages; Received from Messages; Receded from Amendments (711507); Passed (Vote: 117 Yeas / 0 Nays); Senate Ordered enrolled
Compare Bill
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
05/02/08 HOUSE Died in Healthcare Council
HB 7153 - Relating to Children with Disabilities by Healthcare Council 04/25/08 HOUSE Filed (formerly PCB HCC27)
Summary- This bill is an alternative to the Senate bill that emphasizes using state services rather than mandating insurance providers to cover Autism Spectrum Disorders. The bill includes all children with disabilities and is the product of the House select Committee on Autism and Developmental Disorders.
05/02/08 HOUSE Died, reference deferred
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. This bill was not heard in the Senate but Senator Crist presented it to the Health Policy Council in the Senate and will support this bill next year.
Actions
3/20/08 SENATE Referred to Health Policy; Children, Families and Elder Affairs and Health and Human Services Appropriations
04/15/08 SENATE Favorable by Health Policy; 6 Yeas, 0 Nays
05/02/08 SENATE Died in Committee on Children, Families, and Elder Affairs
Identical Bill
HB 1311 - Relating to Optional Payments for Medical Assistance -Reed
03/07/08 HOUSE Referred to Healthcare Council; Policy & Budget
03/13/08 HOUSE Referred to Committee on Health Innovation by Healthcare Council
05/02/08 HOUSE Died in Committee on Health Innovation
HB 739 - Relating to Guardian Advocates for Persons with Developmental Disabilities-Ambler
Summary- Guardian Advocates for Persons with Developmental Disabilities: This bill provides that the guardian advocate need not be represented by an attorney in certain situations. It revises requirements for petition seeking appointment of guardian advocate and modifies who may be appointed counsel to persons with developmental disabilities. It also revises powers and duties of 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
05/02/08 SENATE Received from Messages; Concurred with Amendment (358051); Passed (Vote: 40 Yeas / 0 Nays); Ordered engrossed, then enrolled
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
04/22/08 SENATE Favorable with CS by Health and Human Services Appropriations; 5 Yeas, 0 Nays
04/28/08 SENATE Read Second Time; Substituted for HB 0739; Laid on Table, Refer to HB 0739
SB 2028 - Relating to Disabled School Students/Discipline - Duetch
Summary- Disabled School Students/Discipline -This bill requires the training of school personnel concerning 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. This bill failed to be heard. The Department of Education started a Rulemaking Workshop for Reasonable Force and legislators may be waiting to see what they are and if statutory changes are necessary.
Actions
02/27/08 SENATE Referred to Education Pre-K - 12; Children, Families, and Elder Affairs; Education Pre-K - 12 Appropriations
05/02/08 SENATE Died in Committee on Education Pre-K - 12
Identical Bill
HB 1139 - Relating to Discipline of Students with Disabilities by Bucher
03/02/08 HOUSE Referred to Schools & Learning Council
05/02/08 HOUSE Died in 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 a utilization management program 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
05/02/08 HOUSE Died in Committee on Health Innovation 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, and 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
04/14/08 HOUSE Referred to Calendar
05/02/08 HOUSE Substituted for SB 0856; Laid on Table, Refer to SB 0856
Similar
SB 856 - Relating to Disability History and Awareness Pilot Project - Fasano CS Sponsors: Children, Families, and Elder Affairs
Actions
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
04/10/08 SENATE Favorable by Education Pre-K - 12 Appropriations; 5 Yeas, 0 Nays
04/23/08 SENATE Read Third Time; Passed (Vote: 39 Yeas / 0 Nays)
04/28/08 HOUSE Referred to Calendar
04/29/08 HOUSE Read Second Time; Read Third Time; Passed (Vote: 118 Yeas / 0 Nays)
04/30/08 SENATE Substituted for HB 0091; Ordered enrolled; Enrolled Text (ER) Filed
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
05/02/08 SENATE Died in Committee on 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 04/08/08 SENATE Placed on Special Order Calendar for 04/10/08
04/16/08 SENATE Read Third Time; Passed (Vote: 39 Yeas / 0 Nays)
05/02/08 HOUSE Received from Messages; Referred to Calendar; Substituted for HB 0233; Read Second Time; Read Third Time; Passed (Vote: 119 Yeas / 0 Nays); Senate Ordered enrolled
Identical bill
HB 233 - Relating to Elderly Persons and Disabled Adults - Anderson Cosponsors: Ambler, Heller, Holder, Porth, and 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
05/02/08 HOUSE Read Second Time; Substituted for SB 0366; Laid on Table, Refer to SB 0366
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 of 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;
04/02/08 SENATE Favorable with CS by Transportation and Economic Development Appropriations; 5 Yeas, 0 Nays
04/22/08 SENATE Favorable with CS by Health and Human Services Appropriations; 5 Yeas, 0 Nays; Committee Substitute (C2) Filed
04/25/08 SENATE Read Second Time; Substituted for HB 1175; Laid on Table, Refer to HB 1175
Similar bill
HB 1175 - Relating to Transportation Disadvantaged Services - by Robaina
Actions
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
04/14/08 HOUSE Committee Substitute (C1) Filed;
04/15/08 HOUSE Favorable with CS by Policy & Budget Council; 34 Yeas, 0 Nays; Placed on Calendar, on second reading; Placed on Special Order Calendar for 04/17/08
04/17/08 HOUSE Read Second Time; Amendment Withdrawn (800709)
04/18/08 HOUSE Read Third Time; Passed (Vote: 109 Yeas / 0 Nays)
04/22/08 SENATE in Messages
04/24/08 SENATE Received, Referred to Transportation; Community Affairs; Transportation and Economic Development Appropriations
04/25/08 SENATE Withdrawn from Transportation; Community Affairs; Transportation and Economic Development Appropriations; Substituted for SB 0788; Read Second Time; Amendments Adopted.
04/28/08 SENATE Read Third Time; Passed (Vote: 36 Yeas / 0 Nays); In House returning messages
05/01/08 HOUSE Received from Messages; Concurred with Amendment(s); Called Up For Reconsideration; Concurred with Amendment(s); Passed (Vote: 118 Yeas / 0 Nays); Ordered engrossed, then enrolled
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
04/15/08 SENATE Favorable by Health and Human Services Appropriations; 3 Yeas, 0 Nays
04/28/08 SENATE Read Second Time; Amendment Withdrawn (064426); Substituted for HB 7075; Laid on Table, Refer to HB 7075
04/29/08 SENATE Read Third Time; Amendment Adopted (102020); Substituted for HB 7075; Laid on Table, Refer to HB 7075
Similar
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)
04/22/08 SENATE in Messages
04/24/08 SENATE Received, referred to Children, Families, and Elder Affairs; Health Regulation; Health and Human Services Appropriations
04/29/08 SENATE Withdrawn from Children, Families, and Elder Affairs; Health Regulation; Health and Human Services Appropriations; Substituted for SB 1954; Read Second Time; Amendment Adopted (612506); Read Third Time; Passed (Vote: 40 Yeas / 0 Nays); In House returning messages
05/01/08 HOUSE Received from Messages; Concurred with Amendment(s); Passed (Vote: 119 Yeas / 0 Nays); Ordered engrossed, then enrolled
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
03/03/08 SENATE Reference to Governmental Operations added; remaining references: Governmental Operations; Health and Human Services Appropriations; Now in Governmental Operations
04/17/08 SENATE Favorable with CS by Governmental Operations; 6 Yeas, 0 Nays
05/02/08 SENATE Died in Committee on Health and Human Services Appropriations
Identical Bills
HB 0333 - Relating to Developmental Disabilities Institutions by Nehr
04/17/08 HOUSE Read Second Time; Amendment Adopted (079267); Engrossed Text (E1) Filed
04/18/08 HOUSE Read Third Time; Passed (Vote: 107 Yeas / 0 Nays)
05/02/08 SENATE Died in Messages