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APD's > Legislative > Digest

Volume II Issue 3 - March 21, 2008


Calendar

  • Tuesday, March 25, 2008
    • 8 a.m. – 12 p.m.
      House Healthcare Council
    • 8 a.m. – 12 p.m.
      House Healthy Families
    • 3 p.m. – 5 p.m.
      Senate Health & Human Services Appropriations

  • Wednesday, March 26, 2008
    • 9 a.m. – 12 p.m.
      Senate Session
    • 1 p.m. – 3 p.m.
      Senate Children, Families, & Elder Affairs
    • 1:15 p.m. – 5:15 p.m.
      House Session
    • 4:00 p.m. – 6:00 p.m.
      Senate Health & Human Services Appropriations

  • Thursday, March 27, 2008
    • 9:30 a.m. – 12 p.m.
      Senate Session
    • 10:30 a.m. – 12:30 p.m.
      House Healthcare Council
    • 1 p.m. – 5 p.m.
      House Session
    • 3:30 p.m. – 5:30 p.m.
      Senate Health & Human Services Appropriations


From The Director
Celebrating Developmental Disabilities Day

On March 18, the second floor of the Capitol was filled with displays from various organizations that serve people with disabilities. Dozens of advocates from all over the state came to Tallahassee to talk with legislators about issues facing people with disabilities.

A news conference organized by the Florida Developmental Disabilities Council featured Lt. Gov Jeff Kottkamp, who welcomed a crowd of about 100 people and read a proclamation from Governor Crist designating the day as Developmental Disabilities Awareness Day. Kottkamp talked about Governor Crist’s commitment to protecting Florida’s most vulnerable, and the budget recommendations he has made to the Legislature to help people with developmental disabilities, including additional funding for people in crisis. He spoke about expanding dental services through a pilot program at the three APD Developmental Disabilities Centers. The Lt. Governor also praised the Agency for Persons with Disabilities and how the agency has turned around its deficit in the Developmental Disabilities waiver from a projected $153 million to $9 million in less than a year. He said, "The agency is actively working to serve people on the waiting list while protecting the health and safety of those on the waivers."

Representative Bill Galvano (R-Bradenton) and Representative Curtis Richardson (D-Tallahassee) addressed the audience. Representative Galvano also complimented the good work of APD. He encouraged the participants to make sure legislators heard from them on a regular basis. Rep. Richardson told the crowd about a proposed bill to increase a license tag fee from $1.50 to $3 to go toward the Transportation Disadvantaged Trust Fund, and another bill, HB 91/SB 856, to create Disability History weeks in early October where schools would be required to teach students about disability issues.

It was very encouraging to see so many different disability organizations and advocates come together to celebrate DD Day with a unified voice. I truly believe that if we work together collaboratively, there is no limit to what we can achieve for Floridians with developmental disabilities.



Governor Crist and Lieutenant Governor Kottkamp Visit APD

Governor Charlie Crist and Lieutenant Governor Jeff Kottkamp toured the Agency for Persons with Disabilities on March 19. This is part of the Governor’s effort to learn more about the agencies under his direction, the people who work in them and the customers they serve. During the tour both he and the Lieutenant Governor took time to talk to agency staff asking questions and offering words of encouragement about the good work they do. It meant so much to everyone that they took time out of their busy schedules to stop in!



House Healthcare Council

The Council met on March 18, 2008, and discussed the results of the most recent Social Services Estimating Conference. It is projected that funding needs for Medicaid services will continue to increase. Chairman Aaron Bean stated that the Council needs to be aware of what parts of Medicaid services the State is required to participate in and what parts are optional as they begin preparation of the budget for FY 2008-2009.



House K-12 and Senate Children, Families and Elder Affairs Committees

The House K-12 Committee met on Tuesday, March 18, and heard, HB 91 by Representative Curtis Richardson (D-Gadsden), which authorizes district school boards to designate two weeks during the school year in October as "Disability History and Awareness Weeks". Students in K-12 public schools will be provided disability history and awareness instruction and will encourage state postsecondary institutions to conduct and promote activities related to disability history and awareness. J.T. Davis, Youth Advisor for The Florida Youth Council, spoke in favor of the bill and the importance of positive role models for children and young adults with disabilities. He also explained the importance of awareness and promotion of inclusion. The bill passed favorably.

The Senate Children, Families and Elder Affairs Committee heard the companion bill, SB 856, by Senator Mike Fasano (R– New Port Richey) this week. A "strike all" amendment was adopted making this a voluntary statewide initiative. J.T Davis again spoke in favor of the bill along with Margaret Hooper for the Developmental Disabilities Council and Jeremy Countryman for the Family CAFÉ. The bill passed unanimously.



House Policy and Budget Council

The Council met on March 18, 2008, and considered HB 233, relating to Elderly Persons and Disabled Adults. The bill, sponsored by Representative Tom Anderson, reclassifies the offense of aggravated abuse of an elderly or disabled person from a second degree felony to a first degree felony. This will have the effect of increasing the maximum sentence for the offense from fifteen years in prison to thirty years in prison. The bill also requires certified law enforcement personnel to receive training in the identification and investigation of elder abuse and neglect. The bill passed unanimously. The companion bill, SB 366, sponsored by Senator Gwen Margolis, was considered by the Senate Committee on Children, Families, and Elder Affairs on March 19, 2008, and passed unanimously.



House Health Innovation Committee

The Committee met on March 18, 2008 and considered two bills, HB 1291 and HB 329. HB 1291, Relating to Autism Spectrum Disorder, sponsored by Representative Ari Porth, includes autism spectrum disorder as a part of the training requirements for personnel of child care facilities. The bill also requires health insurance plans to provide coverage for screening, diagnosis, intervention, and treatment of autism spectrum disorder in children. The Department of Health, in conjunction with the Department of Education, Children and Family Services, Agency for Health Care Administration (AHCA), and Agency for Persons with Disabilities, would be required to establish a statewide system of early autism spectrum disorder intervention services for infants and toddlers. After much discussion, the bill was considered favorably on a narrow 4 to 3 vote. The companion bill, SB 2654, sponsored by Representative Steven Geller, was heard by the Senate Committee on Banking and Insurance on March 18, 2008 and passed unanimously.

House Bill 329, Relating to Reimbursement of Medicaid Providers, sponsored by Representative Susan Bucher, requires the AHCA to provide reimbursement for physician and dental services provided to children under the age of 21 years at least at the level provided by federal law for physician reimbursements under the Medicare program. The bill also requires AHCA to increase the reimbursement rate for dental services. The bill passed unanimously.



Senate Health Policy Committee

The committee met on March 19, and considered two bills, SB 1570, and SB 1566. SB 1566, relating to Medicaid Managed Care Plans, sponsored by Senator Evelyn Lynn, addresses the use of managed care to provide Medicaid services. The bill would exempt people with developmental disabilities and children with persistent mental illness from the reform experiment for at least one year. Florida’s Medicaid reform plan was designed by former Gov. Jeb Bush and former AHCA Secretary Alan Levine, in an attempt to stretch Medicaid dollars further and provide better access to specialists if patients were in managed-care plans. Senator Lynn said the specialty networks and improved care that were promised have not developed. Instead, she said, people with medically complex needs are being enrolled into traditional managed care plans.

She stated, "In many cases, there’s not adequate services available for these very severe cases. You cannot just leave people in these situations hanging. People with severe problems need to have constant and immediate care." While the bill was considered favorably by the committee, it puts the Senate directly at odds with the leadership of the House.

SB 1570, relating to the Medicaid Managed Care Pilot Program, also sponsored by Senator Lynn, excludes persons with developmental disabilities, children found to be dependent, 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 from mandatory enrollment in the already existing pilot program. These groups would not become part of the pilot until specific service delivery systems have been developed and evaluated for a period of at least one year and the Legislature expressly authorizes their mandatory enrollment. The bill was also considered favorably



Senate Committee on Health Regulation

The Committee met on March 19, 2008, and considered Senate Bill 2216. The bill, sponsored by Children, Families, and Elder Affairs, 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 the types of crimes that are classified as disqualifying offenses for employment purposes in long-term care facilities. The original requirement that applicants for residency be background screened was amended out of the bill. Reports of specified adult abuse reports would be immediately transferred to the county sheriff for investigation. The DCF would be authorized to file a petition to determine incapacity in adult protection proceedings. Programs would be required to maintain a service plan for each resident. After much discussion, the bill was considered favorably.