APD's > Legislative > Digest

Volume II Issue 2 - March 14, 2008

• Tuesday, March 18, 2008
  • 8 a.m. – 3 p.m.
    House Healthcare Council
  • 8 a.m. – 3 p.m.
    House Healthy Families
  • 8:30 a.m. – 3:30 p.m.
    Developmental Disabilities Awareness Day Florida Capitol – Second Floor Rotunda
  • 11:00 a.m.
    Press Conference With Lt. Governor Jeff KottKamp
  • 3:15 p.m. – 5 p.m.
    House Policy & Budget Council
• Wednesday, March 19, 2008
  • 9 a.m. – 11:30 a.m.
    Senate Children, Families, & Elder Affairs
  • 9 a.m. – 11:30 a.m.
    Senate Health Policy
  • 11:30 a.m. – 12:30 p.m.
    House Session
• Thursday, March 20, 2008
  • 8 a.m. – 10 a.m.
    Senate Health & Human Services Appropriations
  • 10:30 a.m. – N/A
    Senate Session
  • 3 p.m. – 5 p.m.
    House Healthcare Council

The House and Senate passed the FY 2007-2008 budget reduction bill and sent it to the Governor for approval on Wednesday, March 12. After much debate on both sides of the aisle, House and Senate, Democrats and Republicans, the Legislature passed HB 7009 which reduces the state’s budget by about $512 million to address the revenue shortfall in the current fiscal year. The Agency for Persons with Disabilities sustained minor damage as the reductions came primarily from administration and not services. The agency reduction totaled $868,347. The Governor signed HB 7009 on Friday, March 14. The Legislature is now focusing on FY 2008-2009 cuts to balance nearly $3 billion in projected revenue shortfalls.

The Senate Health and Human Services Appropriations Committee met on Thursday, March 13 and took up and passed a series of bills creating APD’s trust funds (SB’s 2104,2106, 2108, 2110, & 2112). Committee Chair, Senator Durell Peaden, then gave an overview of the General Revenue Estimating Conference report from the previous day saying there will be an overall revenue shortfall of $3 billion. He said there is no indication of the economy recovering before FY 2010-2011 and he anticipates anywhere from $500- $700 million in cuts from the health care budget although allocations have not been received by the committee yet.

The committee then received presentations by health care agencies on budget reduction proposals for Fiscal Year 2008-2009. At the request of the committee APD offered a series of reductions to address the FY 2008-2009 revenue shortfall that are not necessarily agency recommendations, such as bringing waiver support coordinators in-house and additional provider rate reductions. The committee is scheduled to meet next week on Thursday, March 20 to go over the recommendations. The following week it will meet on Tuesday, Wednesday and Thursday and again on March 27 to go over the Chairman's recommendations (Sen. Peaden). The first week of April amendments will be reviewed and go to the Senate Floor for debate the following week. Stay tuned!!

The Committee met on March 12, 2008, and considered two bills, SB 994 and SB 2216. SB 994, Relating to Employee Leave/Victims of Sexual Violence sponsored by Senator Mike Fasano, provides up to 3 working days of leave in any 12-month period to employees who are victims of sexual violence, or who have a family or household member who is a victim of sexual violence. The leave is authorized to allow the employee to seek legal assistance, secure their home, seek medical attention, or obtain other necessary services. The bill was considered favorably.

Senate Bill 2216 adds protections for the elderly by providing the Department of Children and Families (DCF) with access to records of the Department of Highway Safety and Motor Vehicles (DHSMV) to be used to conduct protective investigations. The bill also expands who must have a criminal background screening and the types of crimes that are classified as disqualifying offenses for employment purposes in long-term care facilities. Reports of specified adult abuse would be immediately transferred to the county sheriff for investigation. DCF would be authorized to file a petition to determine incapacity in adult protection proceedings. Additionally, programs would be required to maintain a service plan for each resident. The bill was considered favorably.

The Committee met on March 13, 2008, and considered SB 708 Relating to Transportation Disadvantaged/Services. The bill, sponsored by Senator Mike Fasano, is intended to ensure the coordinated planning of transportation disadvantaged services by all human service agencies. The bill would strengthen the process for purchasing agencies to ensure all agencies follow the same process. All agencies would be required to identify funds spent on non-emergency transportation, services to transportation disadvantaged clients, and would require all agencies to pay the approved transportation rates. The bill was considered favorably.

The Committee met on March 13, 2008, and considered SB 922 Relating to Ex-offenders/Employment. The bill, sponsored by Senator Frederica Wilson, requires that state agencies submit biennial reports to the Legislature detailing all laws, rules, policies, and practices that disqualify ex-offenders from employment or licensing to include documentation that such restrictions are in writing and available to applicants. The report must also include proposals for removing non-statutory barriers to the employment of ex-offenders, and proposals for consistent barriers across jobs that are similar and require nearly identical degrees of trustworthiness and responsibility. The bill was considered favorably.

The Council met on March 13, 2008, and discussed Medicaid rates. The discussion was in response to SB 1852, which proposes the elimination of automatic price level increases, which would otherwise be included in the Medicaid budget adjustments for Fiscal Year 2008-09. The bill requires the Agency for Health Care Administration to limit Medicaid reimbursement in an amount necessary so the statewide average rate equals the statewide average rate from the preceding rate semester beginning July 1, 2008. This would impact inpatient hospitals, outpatient hospitals, nursing homes, county health departments, community intermediate care facilities for the developmentally disabled, prepaid health plans, and nursing home diversion providers.

Dyke Snipes, Medicaid Director, AHCA, presented an overview of cost-based Medicaid rates. His presentation covered the three methods by which providers are paid: fee for services, capitation rates, and cost-based. The ICF/DDs, as on the cost-based system, are linked to the inflation rate and target rates. These rates are adjusted twice yearly, in January and July. The inflation rate is based on nationally recognized rates using health care rules.

During public comments, Katie Porta, with Quest in Orlando, Florida, stated they do not want to see individuals have to return to the institutional setting due to the payment rates. She said their clients are all dependent on Medicaid and, if the appropriate level of funding is not in place, they cannot compete with other employers to get quality staff and they are not able to adjust staffing levels.

Terry Farmer, Executive Director of the Florida Association of Rehabilitation Facilities, stated that ICF/DDs are not able to cost shift shortfalls in Medicaid funding to other sources of payment as they are 100% Medicaid. He asked that if it was necessary to freeze the rates, that it be for one year only.