APD's > Legislative > Digest

Volume II Issue 6 April 11, 2008

• Monday, April 14, 2008
  
  • 8 a.m. – 1 p.m.
    Florida Association of Centers for Independent Living – Displays
  • 2:30 p.m. – 5:00 p.m.
    Senate Children, Families and Elder Affairs
  • 3:15 p.m. – 6 p.m.
    House Policy & Budget Council
• Tuesday, April 15, 2008
  • 10:45 a.m. – 12:15 p.m.
    Senate Children, Families, & Elder Affairs
  • 10:45 a.m. – 12:15 p.m
    Senate Health Policy
  • 2:15 p.m. – 4 p.m.
    Senate Health & Human Services Appropriations
  • 5 p.m. – 6 p.m.
    Senate Budget Conference
  • 5 p.m. – 6 p.m.
    House Budget Conference
• Wednesday, April 16, 2008
  • 8 a.m. – 9 a.m.
    Senate Budget Conference
  • 8 a.m. – 9 a.m.
    House Budget Conference
  • 9:30 a.m. – 12 p.m.
    Senate Session
  • 11 a.m. – 5 p.m.
    House Session
  • 1 p.m. – 2:45 p.m.
    Senate Session
  • 5 p.m. – 6 p.m.
    Senate Budget Conference
  • 5 p.m. – 6 p.m.
    House Budget Conference
• Thursday, April 17, 2008
  • 8 a.m. – 9 a.m.
    Senate Budget Conference
  • 8 a.m. – 9 a.m.
    House Budget Conference
  • 8 a.m. – 10 a.m.
    House Healthcare Council
  • 9:15 a.m. – 1 p.m.
    Senate Session
  • 10 a.m. – 3 p.m.
    Association for Retarded Citizens of Florida (ARC/Florida) – Rally
  • 10:30 a.m. – 12 p.m.
    House Session
  • 2 p.m. – 5 p.m.
    House Session
  • 5 p.m. – 6 p.m.
    Senate Budget Conference
  • 5 p.m. – 6 p.m.
    House Budget Conference
• Friday, April 18, 2008
  • 8 a.m. – 9 a.m.
    Senate Budget Conference
  • 8 a.m. – 9 a.m.
    House Budget Conference
  • 10 a.m. – 1p.m.
    House Session
  • 5 p.m. – 6 p.m
    House Budget Conference

House Select Committee on Autism and Developmental Disorders

House Speaker Marco Rubio (R-Miami-Dade) convened the Select Committee on Autism and Developmental Disorders on Tuesday, April 8th and said he understands the need for early intervention for children diagnosed with Autism and charged the Task Force with looking at barriers to accessing services for all disabilities.

The committee, chaired by Representative Andy Gardiner (R-Orlando), received presentations from a variety of agencies which provide services to autistic children. Dr. Joseph Chiaro, Deputy Secretary for Children’s Medical Services, Department of Health, gave an overview of the "Early Steps" program and said the majority of children in the program enter based on concerns about developmental delay. Types of services provided include vital therapies to controlling autistic behavior such as physical, occupational, and speech therapy; hearing and vision services; assistive technology; infant/toddler developmental specialist services; other early intervention services that will promote the developmental goals for the child and assure each child has a medical home. The program serves children age birth to three with a developmental delay as established by standard assessment and having an established condition. All income levels are eligible.

Jane Johnson, Director for the Agency for Persons with Disabilities, presented and described agency services that are available through the waivers for individuals with autism and explained this does not cover the entire autism spectrum. Some of the services include behavioral analysis, speech therapy and respite services.

Lance Block, Chair, Governor’s Commission on Disabilities addressed the Task Force and asked them to look at services for all disabilities. He told the members that the system is broken and the task force is a good start to taking a comprehensive look at the service delivery system in general. He said the insurance component has to be considered.

The Task Force reconvened on Thursday, April 11, and took public testimony from mothers, fathers, children and supporters of autism reform. The common theme was the dire need for early diagnosis and intervention and for insurance coverage to help access services. Several parents expressed concern that some pediatricians may not be making appropriate diagnoses, thus delaying treatment. Everyone seemed to agree that the earlier the diagnosis can be made and treatment begun, the better the outcome later in life. Access to services and cost of services were also considered major stumbling blocks.

The Task Force is scheduled to meet again on Monday, April 14th at 1:00 p.m. in room 404 of the House Office Building Office Building.

House Schools and Learning Council

The Council heard CS/HB 359, by Representative Scott Randolph (D-Orlando) on April 11. The bill is similar to CS/SB 318 heard in the Senate last week and provides the following:

• Requires the Department of Education in consultation with the Department of Children and Families, the Agency for Health Care Administration, the Agency for Persons with Disabilities, and school districts to develop procedures for the timely notification of school districts regarding the placement of exceptional students in residential care facilities;
• Requires that the procedures provide for written notification within 10 days of the placement to the school district where the child is currently counted for FTE purposes and the school district where the facility is located if the facility is located across school district lines;
• Provides that procedures must also identify the entity responsible for notification for each type of facility that the state agencies operate, regulate, or license;
• Requires that notification for students admitted to residential facilities licensed by the Agency for Persons with Disabilities is to be provided by the facility;
• Requires the school district in which the facility is located to review the student’s Individual Education Plan, provide or contract for educational instruction to the student, or decline to do so;
• Provides that, if the school district declines to contract or provide instruction, the school district in which the student was last enrolled is responsible for providing or contracting for instruction;
• Specifies that the school district that provides or contracts to provide instruction reports the student for funding;
• Requires the Department of Education, DCF, AHCA, and APD to enter into a cooperative agreement to ensure interagency coordination in the delivery of educational services to students with disabilities.

The bill is a result of a recent Office of Program Policy Analysis and Governmental Accountability (OPPAGA) report regarding the responsibility for the delivery of educational services to exceptional students placed in residential treatment facilities. All of the agencies involved worked very closely with Representative Randolph and his staff on this bill to make sure the intended goals are met.

House Healthcare Council

The Council met on April 8, 2008, and considered HB 793. This bill, sponsored by Representative Don Davis (R-Jacksonville), creates the Health Care Transition Services Task Force for Youth and Young Adults with Disabilities. APD is designated as a member of the task force. Administration of the task force will be provided by the Department of Health. The role of the task force is to address the transition of youth and young adults with disabilities from the pediatric to the adult health care system. The bill also creates the Don Davis Health and Transition Services Program of Jacksonville in the Children’s Medical Services Network within the Department of Health to assist youth and young adults who have special health care needs or who are developmentally disabled transition from the children’s health care and educational system to the adult health care system and to employment. This program is authorized to serve persons age 14 to 26 who have chronic special health care needs or developmental disabilities residing in Baker, Clay, Duval, Nassau, and St. Johns Counties.

The bill passed favorably and will be heard in the House Policy and Budget Council on April 14, 2008.

The companion bill, SB 988, sponsored by Senator Stephen Wise (R-Jacksonville), was considered by the Senate Committee on Children, Families and Elder Affairs on April 8, 2008. This bill is very similar to HB 793, but does not limit eligibility to a specified geographic area. The bill was reported as favorable and will now be heard in the Senate Committee on Health and Human Services Appropriations.

House Schools and Learning Council

The Council met on April 8, 2008, and considered HB 91. This bill, sponsored by Representative Curtis Richardson (D-Tallahassee), requires that district school boards designate the first two weeks in October each year as "Disability History and Awareness Weeks".

District school boards would provide disability history and awareness instruction in all K-12 public schools. Disability history instruction may consist of specific topics, including the events and timelines of the development and evolution of service to, and the civil rights of individuals with disabilities. The disability history curriculum may also include the contributions of specific individuals with disabilities, including the contributions of acknowledged national leaders.

The goals of disability history and awareness instruction are to establish better treatment for individuals with disabilities; encouragement to individuals with disabilities; and reaffirmation of the local, state, and federal commitment to all individuals with disabilities. The bill also encourages state postsecondary institutions to conduct and promote activities that provide education, understanding, and awareness of individuals with disabilities, disability history, and the disability rights movement. The bill was reported as favorable and was referred to the House Policy and Budget Council.

The companion bill, SB 856, was considered in the Senate Committee on Education Pre-K-12 Appropriations on April 10, 2008. This bill, sponsored by Senate Education Pre-K – 12 and introduced by Senator Mike Fasano (R-New Port Richey), is primarily the same as HB 91 except it applies only to Hillsborough, Leon, Pasco, and Pinellas Counties. The bill was reported favorably and is on second reading on the Senate floor.

Thursday, April 17, 2007

Senate Committee on Health and Human Services Appropriations

The Committee met on April 8, 2008, and considered SB 370. The bill, introduced by Senator Stephen Wise (R-Jacksonville), amends the existing personal care attendant program for individuals who are disabled as the result of a traumatic spinal cord injury and expands program eligibility to persons who have severe and chronic disabilities of all kinds. The bill requires the Florida Endowment Foundation for Vocational Rehabilitation (FEFVR, also known as the Able Trust1) to enter into an agreement with the Florida Association of Centers for Independent Living (FACIL or the association) to administer the program. The bill earmarks 12 percent of the funds paid to program participants from the funds deposited with FEFVR pursuant to the Tax Collection Enforcement Diversion Program and the Motorcycle Specialty License Plate program to pay for this administrative expense.

The bill was reported favorably and is currently on second reading in the Senate.

The Committee met again on April 10, 2008, and considered SB 2654. This bill, sponsored by Senator Steven Geller (D-Hallendale Beach), requires large group health insurance plans to provide coverage for diagnostic screening, intervention, and treatment of autism spectrum disorder. It would require the provision of speech therapy, occupational therapy, physical therapy, applied behavior analysis, treatment by a psychiatrist, psychologist, or a board certified behavioral analyst, and any other necessary medical care. Health insurance plans would not be able to deny, refuse to issue or reissue coverage, terminate, or restrict coverage because an individual is diagnosed with autism spectrum disorder. To be eligible for benefits and coverage, an individual must be diagnosed with an autism spectrum disorder by 8 years of age. Benefits and coverage must be provided to eligible persons who are under 18 years of age or who are in high school. Benefits may not be denied on the basis that provided services are habilitative in nature. However, coverage for behavioral therapy is subject to a maximum benefit of $36,000 per year.

The bill was reported favorably and has been referred to the Senate floor.

Senate Committee on Health Regulation

The Committee met on April 8, and considered SB 1954, sponsored by Senator Nan Rich (D-Sunrise) and proposed by APD. The bill changes the term "developmental disabilities institutions"to "developmental disabilities centers." It was felt that the term "institution" projected a negative connotation on an individual receiving services at Sunland, Tacachale, or Gulfcoast. Currently, two of APD’s three developmental disability institutions are called "centers"i.e., Sunland Center, Marianna, and Gulf Coast Center, Fort Myers.

The bill amends the definition of the term "retardation" in s. 393.063, F.S., to specify that the condition must manifest before the age of 18 and be expected to continue indefinitely. This change is being made to ensure consistency with definition of the term "developmental disability."

The bill amends s. 393.0655, F.S., to provide that direct service staff who have undergone any part of the employment screening within one year is not required to repeat the screening unless he or she has been unemployed for more than 90 consecutive days. The bill provides that the direct service provider is responsible for providing documentation of the screening and must undergo any remaining screening requirements that have never been conducted or have not been conducted within one year. This change will offer additional safeguards for people hired to provide services to persons with developmental disabilities.

The bill amends s. 393.0673, F.S., to give APD the specific authority to deny, revoke, or suspend a license or impose an administrative fine, if an applicant or licensee has been verified by the Department of Children and Families (DCF) as a caregiver responsible for the abuse, neglect, or abandonment of a child; or the abuse, neglect or exploitation of a vulnerable adult; or previously had a license to operate a residential facility revoked by APD, DCF, or the Agency for Health Care Administration. The bill amends s. 393.506, F.S., authorizing an unlicensed staff member who has been properly trained and validated to administer enteral prescription medications to a client. This authority existed prior to the 2006 rewrite of Chapter 393, F.S., and the amendment is technical in nature.

The bill, was reported favorably. The next stop for the bill is the Senate Committee on Health and Human Services Appropriations.

House Session

The House met in session on April 9, 2008 and April 10, 2008, and considered several bills. HB 5085, sponsored by Representative Aaron Bean (R-Fernandina Beach) and the Healthcare Council, eliminates the Statewide Advocacy Council and the Local Area Councils. The bill passed on 74 to 41 vote.

HB 233, sponsored by Representative Tom Anderson (R-Holiday), 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 was read the second time on the floor. The companion bill, SB 366, sponsored by Senator Gwen Margolis (D-Bay Harbor Islands), is identical to HB 233. The bill was read the second time on the Senate floor on April 10, 2008.

HB 333, sponsored by Representative Peter Nehr (R-Tarpon Springs), requires the Agency for Persons with Disabilities to prepare a plan for review and comment if there is an announced intent to close or reduce census by 20 percent or more at either Tacachale or Sunland Developmental Disabilities Institution. The plan must ensure proper notification to residents and others, involvement of residents in planning their transition, and planning for quality and safety of residents during a transition from the institution. The bill requires the Governor to approve or disapprove any closure or reduction in census plans, after receiving comments from the Speaker of the House and President of the Senate. The bill also requires quarterly reports by the agency on progress of closure or reduction in census at an institution. The bill was read the second time on the floor.

HB 7075, sponsored by Representative Bill Galvano (R- Bradenton) at the request of APD, makes substantive changes to Chapter 393 and Chapter 916 relating to Developmental Disabilities as follows:

• This bill changes the name of Developmental Disabilities Institutions to Developmental Disabilities Centers.
• The bill clarifies the definition of retardation to add that the disability manifests before the age of 18 and can reasonably be expected to continue indefinitely. This makes the definition consistent with the definition of developmental disabilities.
• The bill revises background screening requirements in Chapter 393, to make it consistent with other sections of statute. The legislation exempts persons who have been screened in the previous months as long as they have not been continuously unemployed for more than 90 days since the previous screening.
• The bill adds additional criteria to the statute which allows APD to deny, revoke or suspend a license or impose a fine.
• The bill clarifies that at least two experts, one of which is a psychologist are required in court ordered evaluations of a person with autism or retardation.
• The bill requires a 15 day timeframe for the Sheriff to transport a defendant back to jail to await hearing and a 30 day timeframe for a competency hearing to be scheduled by the court. This applies to defendants who have been committed to the agency and has been determined to be competent to proceed or no longer meets criteria for commitment.

The bill was read the second time on the floor.

Budget Bills

The Senate met in session on April 9, 2008 and April 10, 2008, and considered the appropriations bills. SB 2900, the General Appropriations Act, passed on a 26 to 13 vote. SB 1866, the conforming bill for APD, provides that annual expenditures under tier one may not exceed $150,000 per client. It also revises the criteria for participation in tier two from clients whose service needs include a licensed residential facility and greater than 5 hours per day in residential habilitation services to those who have authorization for a moderate level of support for standard residential habilitation services or authorization for a minimal level of support for behavior focus residential habilitation services. The bill passed on a vote of 35 to 1.

The House met in session on April 9, 2008 and April 10, 2008, and considered the appropriations bills. HB 5001, the appropriations bill, passed on a 72 to 41 vote. HB 5003, the implementing bill, passed on a 74 to 23 vote. HB 5087, the APD conforming bill, revises the criteria for participation in tier two from clients whose service needs include a licensed residential facility and greater than 5 hours per day in residential habilitation services to those who have authorization for a moderate level of support for standard residential habilitation services or authorization for a minimal level of support for behavior focus residential habilitation services. The bill also implements the change in geographic differentials for residential habilitation services in Palm Beach, Broward, Miami-Dade, and Monroe Counties in phases over a three year period. APD would be authorized to adjust cost plans to reflect the amount of expenditures for the previous fiscal year plus 5% if adjusted amount is less than the individual's existing cost plan. Actual paid claims for services provided during the previous fiscal year that are submitted by October 31 are to be used to calculate the revised cost plan amount. If an individual was not served for the entire previous fiscal year or there was any single change in the cost plan amount of more than 5% during the previous fiscal year, the agency is to establish the cost plan amount at an estimated annualized expenditure amount plus 5%. In the event that at least 3 months of actual expenditure data are not available to estimate annualized expenditures, the agency may not rebase a cost plan. Lastly, the bill moves the review of our agency decisions from DOAH to the Department of Children and Families. The bill passed favorably.

The House and Senate will now appoint legislators to serve on a conference committee to resolve differences between the House and Senate budgets. That process will begin next week.