Fwd: Capitol Update * Volume 10 * Issue 4

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Announcement from the Florida Developmental Disabilities Council

April 14, 2010 Volume 10, Issue 4

Florida Developmental Disabilities Council, Inc.124 Marriott Drive, Suite 203, Tallahassee, FL 32301-2981Phone: / ~ Fax: ~ TDD /

http://www.fddc.org/

Medicaid Managed Care This week everyone was surprised when the House Select Committee on the Economic and Strategic Policy released two major Medicaid Managed Care bills that directly impact people with developmental disabilities. These Medicaid reform bills put all Medicaid services (with few exceptions) under a managed care entity that could be either a Health Maintenance Organization (HMO) or a Provider Services Network (PSN). The key features of the bill, PCB SPCSEP 10-03- (link here) Medicaid Managed Care, include the following: · All purchased Medicaid services will be under managed care. There will be no

exceptions or "carve outs".· For people with developmental disabilities, this includes all Waiver services, all private Intermediate Care Facilities for the Developmentally Disabled (ICF/DD) services, and

all basic health care services.· The only services not subject to managed care will be those provided at state-run

institutions.· The effective date for HMOs or PSNs to begin delivering services to people with

developmental disabilities is 2015.· The state will be divided into six areas with at least two HMOs and one PSN managing

services in each area.· The tier system is continued except that a fifth level is added for services provided

by private ICF/DDs. · The managed care entity is expected to save 8% of the current cost of care with a

preferred savings of 15%.· The savings will be used to pay for the administrative costs (overhead and profits) of

the HMO or PSN.· No additional funds can be expected to offset their costs and the waiting list will not

be initially addressed. The Agency for Persons with Disabilities (APD) functions would be limited to managing the two remaining state institutions, the forensic programs and a small general revenue program. Case management would be provided by the HMO or PSN and independent support coordination would be eliminated. The House, the Select Committee on Economic and Strategic Policy heard its proposed committee Medicaid reform bill on Monday. The Senate Health Regulation Committee will hear the proposal on Wednesday and Thursday. Then the bill would be negotiated between the House and the Senate. The Florida Developmental Disabilities Council will be working with members of the Senate Health Regulation Comittee,and Health and Human Services Appropriations Committee and Senate President Atwater . Our message will be to develop a plan and specialty networks for individuals with developmental disabilities for basic health care needs and pilot the plan in the existing pilot counties. Also we are advocating that the Agency for Persons with Disabilities and the Individual Budget( IBudget) system be used to manage the care provided by the Developmental Disabilities Home and Community Based Waiver. Please call your legislators and let your opinion be heard!

HB 81 - Relating to Use, Prevention, and Reduction of Seclusion and Restraint on Students with Disabilities in Public Schools by Hukill Cosponsors: , Brandenburg, Burgin, , Fresen, Glorioso, , Heller, Hudson, Jenne, Kiar, Llorente, McBurney, Nehr, Pafford, Planas, Porth, Precourt, Sachs, Schenck, Schultz, Schwartz, Skidmore, Soto, Stargel, Steinberg, Tobia, (T), Zapata SummaryDuring the PreK-12 Policy Committee on March 25th, HB 81 passed! This marked the first time a bill on guidelines for Restraint and Seclusion had passed a committee. A House Proposed Committee Substitute (PCS) combined this bill with HB 1073(see next bill below). The original bill was laid on Table so from now on we will refer to the combined HB 1073. The Council has taken a supporting the original legislation. Council position Effective Date: July 1, 2010Actions08/20/09 HOUSE Filed 10/01/09 HOUSE Referred to PreK-12 Policy Committee; Health Care Services Policy Committee; PreK-12 Appropriations Committee; Education Policy Council 03/25/10 HOUSE PCS combines this bill with H 1073; Original bill laid on Table, refer to combined H 1073Similar BillsSB 2118 - Relating to Students with Disabilities/Seclusion/Restraint by Gardiner03/01/10 SENATE Referred to Education Pre-K - 12; Children, Families, and Elder Affairs; Education Pre-K - 12 Appropriations03/23/10 SENATE Temporarily postponed by Education Pre-K - 1204/06/10 SENATE Favorable with CS by Education Pre-K - 12; 7 Yeas, 0 Nays 04/09/10 SENATE Committee Substitute Text (C1) Filed 04/12/10 SENATE Now in Children, Families, and Elder Affairs SB 1166 - Relating to Community Residential Homes by AltmanCo-Sponsors: Storms Summary This bill prohibits rules adopted by the Agency for Persons with Disabilities from restricting the number of facilities designated as community residential homes located within a planned residential community. The bill also defines the term "planned residential community" and provides that community residential homes located within a planned residential community may be contiguous to one another and exempt from the 1000 foot rule. The 1000 foot rule states that group homes that have six beds or less may not be within 1000 feet of each other. Position

EFFECTIVE DATE: 07/01/2010.Actions 01/21/10 SENATE Referred to Community Affairs; Children, Families, and Elder Affairs 02/16/10 SENATE Favorable by Community Affairs; 10 Yeas, 0 Nays03/26/10 SENATE Favorable by Children, Families, and Elder Affairs; 6 Yeas, 0 Nays03/29/10 SENATE Placed on Calendar, on second reading Identical Bills

HB 0645 - Relating to Community Residential Homes by StargelActions01/28/10 HOUSE Referred to Military Local Affairs Policy Committee; Health Care Services Policy Committee; Economic Development Community Affairs Policy Council03/25/10 HOUSE Favorable with CS by Military Local Affairs Policy Committee; 9 Yeas, 4 Nays03/30/10 HOUSE Committee Substitute Text (C1) Filed 04/05/10 HOUSE Reference to Health Care Services Policy Committee Removed; Reference to Health Family Services Policy Council Added; Remaining references: Health Family Services Policy Council; Economic Development Community Affairs Policy Council 04/05/10 HOUSE Now in Health Family Services Policy Council 04/09/10 HOUSE On Council agenda - Health Family Services Policy Council, 04/13/10, 9:15 am, 212 K

SB 1388 - Relating to Intellectual Disabilities by Haridopolos Summary This bill amends provisions in statute by substituting the term "intellectual disability" for the term "mental retardation." The bill revises definitions relating to intermediate care facilities for the developmentally disabled to delete unused terms. The bill also provides that the name Arc of Florida is substituted for the Association for Retarded Citizens. This bill is a "reviser bill". It provides a directive to theDivision of Statutory Revision.EFFECTIVE DATE: 07/01/2010.Committees of Reference Children, Families, and Elder Affairs, Criminal Justice, Judiciary, Health and Human Services AppropriationsActions01/26/10 SENATE Filed03/26/10 SENATE Favorable with CS by Children, Families, and Elder Affairs; 6 Yeas, 0 Nays03/29/10 SENATE Committee Substitute Text (C1) Filed 04/08/10 SENATE On Committee agenda - Criminal Justice, 04/13/10, 9:30 am, 37 S SB 2038 - Relating to Medicaid Buy-in Program/Persons with Disabilities by Crist SummaryThe bill provided for Medicaid eligibility for certain persons with disabilities under a Medicaid buy-in program, subject to specific federal authorization. The proposed Work Incentive Medicaid Coverage program would continue to offer Medicaid coverage to people with disabilities who are working. Once they enrolled in the program they would have the opportunity to earn more and save more than the allowable limits for regular Medicaid and still retain their health care coverage through the State's Medicaid Program. The bill requires the Department of Children and Family Services to adopt rules for determining eligibility. The bill also directs the Department of Health to perform all disability determinations. Finally, the bill requires the Agency for Health Care Administration to seek amendments to specified Medicaid waivers for certain persons with disabilities. The Council supports this Council Position EFFECTIVE DATE: 07/01/2010.Committees of Reference Health Regulation, Children, Families, and Elder Affairs, Health and Human Services Appropriations; Policy and Steering Committee on Ways and MeansActions 02/16/10 SENATE Filed 03/01/10 SENATE Referred to Health Regulation; Children, Families, and Elder Affairs; Health and Human Services Appropriations; Policy Steering Committee on Ways and Means 03/26/10 SENATE Favorable with CS by Health Regulation; 5 Yeas, 0 Nays 04/07/10 SENATE Favorable by Children, Families and Elder Affairs; 7 Yeas, 0 Nays 04/08/10 SENATE Now in Health and Human Services Appropriations Similar BillsHB 0837 - Relating to Medicaid Buy-in for Persons with Disabilities by Homan02/10/10 HOUSE Referred to Health Care Regulation Policy Committee; Health Care Appropriations Committee; Health Family Services Policy Council2/10/10 HOUSE Now in Health Care Regulation Policy Committee SB 0214 -Relating to Autism by Ring SummaryThis bill requires a physician to refer a minor whose parent suspects the minor has an autism spectrum disorder, cerebral palsy, or Down syndrome to an appropriate specialist for screening, evaluation, or diagnosis. The bill requires health insurers and health maintenance organizations to provide direct access to an appropriate specialist for a diagnosis. The terms "direct access" and "appropriate specialist" are defined in the bill. The bill mandates health insurance policies and health maintenance organization contracts to provide at least three visits per policy year for the screening, evaluation, or diagnosis of autism spectrum disorder, cerebral palsy, or Down syndrome.EFFECTIVE DATE: 07/01/2010.Actions 10/05/09 SENATE Filed 12/09/09 SENATE Referred to Health Regulation; Banking and Insurance; Policy Steering Committee on Ways and Means03/09/10 SENATE Favorable with CS by Health Regulation; 7 Yeas, 0 Nay03/11/10 SENATE Committee Substitute Text (C1) Filed 03/15/10 SENATE Reference to Governmental Oversight and Accountability added; Remaining references: Banking and Insurance; Governmental Oversight and Accountability; Policy Steering Committee on Ways and Means03/24/10 SENATE Favorable with CS by Banking and Insurance; 10 Yeas, 0 Nays04/06/10 SENATE Favorable with CS by Governmental Oversight and Accountability; 7 Yeas, 1 Nay 04/07/10 SENATE Committee Substitute Text (C3) Filed 04/09/10 SENATE Now in Policy Steering Committee on Ways and Means CompareHB 0107 -Relating to Autism by Coley 09/11/09 HOUSE Filed 10/12/09 HOUSE Referred to Health Care Regulation Policy Committee; Insurance, Business Financial Affairs Policy Committee; Government Operations Appropriations Committee; General Government Policy Council 03/22/10 HOUSE Favorable with CS by Health Care Regulation Policy Committee; 10 Yeas, 1 Nay03/30/10 HOUSE Committee Substitute Text (C1) Filed 04/05/10 HOUSE Reference to Insurance, Business Financial Affairs Policy Committee Removed; Remaining References: Government Operations Appropriations Committee; General Government Policy Council 04/09/10 HOUSE Favorable by Government Operations Appropriations Committee; 8 Yeas, 3 Nays 04/09/10 HOUSE Now in General Government Policy Council

SB 0222 -Relating to Childhood Vaccinations by Ring Summary This bill requires a pediatrician or attending physician to discuss the risks, benefits, and alternatives of each vaccination before a child is vaccinated. The bill provides requirements for the administration of certain vaccines required for school entry. Licensed health care providers will be required to provide certain vaccine information statements to parents, legal guardians, and legal representatives before administering certain vaccines to children.

EFFECTIVE DATE: 07/01/2010. Actions 10/05/09 SENATE Filed 12/09/09 SENATE Referred to Health Regulation; Children, Families, and Elder Affairs; Policy Steering Committee on Ways and Means SimilarHB 0117 -Relating to Childhood Vaccinations by Ambler 09/15/09 HOUSE Filed 10/12/09 HOUSE Referred to Health Care Regulation Policy Committee; PreK-12 Appropriations Committee; Civil Justice Courts Policy Committee; Health Care Appropriations Committee 02/16/10 HOUSE Temporarily postponed by Health Care Regulation Policy Committee 03/01/10 HOUSE Withdrawn prior to introduction SB 0490 -Relating to Dentistry by SummaryThis bill defines the term "public health supervision" and redefines the term "health access settings" to include school-based prevention programs. The bill would authorize dental hygienists to perform certain additional dental hygiene services under public health supervision. The bill provides that certain tasks are remediable and delegable to dental hygienists in certain settings. The bill includes a list of remediable and delegable tasks.

EFFECTIVE DATE: 07/01/2010.Actions 10/20/09 SENATE Filed 12/09/09 SENATE Referred to Health Regulation; Education Pre-K - 12; Health and Human Services AppropriationsSimilar HB 1469 -Relating to Dentistry and Dental Hygiene by 03/10/10 HOUSE Referred to Health Care Regulation Policy Committee; Health Care Appropriations Committee; Health Family Services Policy Council03/10/10 HOUSE Now in Health Care Regulation Policy Committee HB 0719 -Relating to Child Care by Zapata SummaryThis bill revises provisions relating to standards that child care facilities must meet to obtain and maintain a Gold Seal Quality Care provider designation. The bill requires the Department of Children and Families to notify specified accrediting associations upon adoption of additional or revised Gold Seal Quality Care program standards. This bill also revises minimum age requirements and establishes minimum education standards for child care personnel. Minimum staff credential requirements are redefined. Effective Date: July 1, 2010 Actions 01/19/10 HOUSE Filed 01/28/10 HOUSE Referred to Health Care Services Policy Committee; Health Care Appropriations Committee; Health Family Services Policy Council 01/28/10 HOUSE Now in Health Care Services Policy Committee SimilarSB 1382-Relating to Child Care Facilities by Rich 02/03/10 02/03/10 SENATE Referred to Children, Families, and Elder Affairs; Health and Human Services Appropriations03/26/10 SENATE Favorable with CS by Children, Families, and Elder Affairs; 6 Yeas, 0 Nays03/26/10 SENATE Favorable with CS by Children, Families, and Elder Affairs; 6 Yeas, 0 Nays 03/29/10 SENATE Committee Substitute Text (C1) Filed 04/01/10 SENATE Now in Health and Human Services Appropriations 04/08/10 SENATE On Committee agenda - Health and Human Services Appropriations, 04/13/10, 2:45 pm, 110 S HB 1505-Relating to M. McKay Scholarships for Students with Disabilities Program by SummaryThis bill revises student eligibility requirements for participation in this scholarship program. It authorizes students who are eligible to enter kindergarten to receive the M. McKay Scholarship. It provides eligibility requirements for students identified with a developmental delay and authorizes students who were enrolled and reported by a school district for funding during any prior year to receive the scholarship. The bill authorizes the Commissioner of Education to deny, suspend, or revoke a private school's participation in the program for certain acts or omissions by owner or operator. And finally the bill permits students to receive instruction and services at a site other than the physical location of the private school under specified conditions. Effective Date: July 1, 2010 Actions 03/01/10 HOUSE Filed 03/10/10 HOUSE Referred to PreK-12 Policy Committee; PreK-12 Appropriations Committee; Education Policy Council 03/17/10 HOUSE Favorable with CS by PreK-12 Policy Committee; 12 Yeas, 0 Nays03/18/10 HOUSE Committee Substitute Text (C1) Filed 03/26/10 HOUSE Favorable by PreK-12 Appropriations Committee; 8 Yeas, 0 Nays 04/07/10 HOUSE Favorable by Education Policy Council; 16 Yeas, 0 Nays 04/07/10 HOUSE Placed on Calendar, on second readingCompareSB 2746 -Relating to Education Programs for Children with Disabilities by Gardiner03/09/10 SENATE Referred to Education Pre-K - 12; Commerce; Education Pre-K - 12 Appropriations 04/09/10 SENATE On Committee agenda - Education Pre-K - 12, 04/14/10, 1:00 pm, 301 S SB 2192 -Relating to Prepaid Developmental Disabilities Savings Program Peaden, Jr. Summary This bill provides for administration and management of the savings program by the Florida Prepaid College Board in conjunction with the Stanley G. Tate Florida Prepaid College Program. The bill provides that the prepaid contract fund and the investment fund shall consist of certain moneys. The bill creates the Prepaid Services for Parents of Children with Developmental Disabilities Study Group. Effect of Proposed Changes: The Savings Program provides that the legislature intends: ·The creation of such a program can offer accessibility to services regardless of a family's income, insurance or Medicaid eligibility. · A program consisting of a prepaid contract plan and an investment plan will allow for advance payment of or saving for the costs associated with developmentally disabled children as they age out of the education system.· The prepaid contract plan is to be interchangeable with an advance payment plan of the Stanley G. Tate Florida Prepaid College Program. · The investment plan is to be a supplement or alternative to the prepaid contract plan, which will allow funds to be placed in trust to meet future needs. · The program is to be conducted to maximize program efficiency and effectiveness. EFFECTIVE DATE: 07/01/2010.Actions 02/18/10 SENATE Filed 03/01/10 SENATE Referred to Children, Families, and Elder Affairs; Governmental Oversight and Accountability; Finance and Tax; Higher Education Appropriations; Policy Steering Committee on Ways and Means 03/18/10 SENATE Favorable with CS by Children, Families, and Elder Affairs; 8 Yeas, 0 Nays 03/22/10 SENATE Committee Substitute Text (C1) Filed 04/09/10 SENATE On Committee agenda - Governmental Oversight and Accountability, 04/14/10, 1:00 pm, 110 S IdenticalHB 1111-Relating to Prepaid Developmental Disabilities Savings Program by Ford 03/01/10 HOUSE Referred to Health Care Services Policy Committee; State Universities Private Colleges Policy Committee; Full Appropriations Council on Education Economic Development; Health Family Services Policy Council HOUSE Now in Health Care Services Policy Committee

SB 2200 - Relating to Allocation/Expenditure of State Lottery Revenues by Altman SummaryThis bill requires net proceeds from a scratch-off lottery game to be allocated to the Division of Vocational Rehabilitation in the Department of Education to be distributed to programs offering services to individuals with developmental disabilities. EFFECTIVE DATE: 07/01/2010.Actions02/18/10 SENATE Filed 03/01/10 SENATE Referred to Regulated Industries; Education Pre-K - 12; Education Pre-K - 12 Appropriations; Policy Steering Committee on Ways and Means Identical BillsHB 0943 - Relating to Allocation and Expenditure of State Lottery Revenues by Proctor02/18/10 HOUSE Referred to PreK-12 Appropriations Committee; Governmental Affairs Policy Committee; Full Appropriations Council on Education Economic Development HB 5303 -Relating to Agency for Persons with Disabilities Health Care Appropriations Committee SummaryThis bill revises provisions relating to order of priority for clients with developmental disabilities waiting for waiver services and extends the date for implementation for certain categories of clients. The bill specifies assessment instruments to be used for delivery of home and community-based services and provides a limit on annual expenditures for clients with certain service needs. The bill directs the agency to eliminate behavior assistance services and reduces the geographic differential for Miami-Dade, Broward, Palm Beach, and Monroe Counties for residential habilitation services. Finally, the bill establishes the iBudget program for delivery of home and community-based services and provides for hearings on Medicaid programs administered by the agency. Effective Date: July 1, 2010 03/17/10 HOUSE Filed (Formerly Filed PCB HCA3) 03/18/10 HOUSE Referred to Full Appropriations Council on Education Economic Development 03/23/10 HOUSE Favorable by Full Appropriations Council on Education Economic Development; 12 Yeas, 6 Nays 03/23/10 HOUSE Placed on Calendar, on second reading 03/23/10 HOUSE Placed on Special Order Calendar for 03/31/10 CompareSB 1468 Relating to Home and Community-based Services by Peaden, Jr. 01/27/10 SENATE Filed 02/03/10 SENATE Referred to Health and Human Services Appropriations; Policy Steering Committee on Ways and Means; Rules 03/19/10 SENATE Favorable with CS by Health and Human Services Appropriations; 4 Yeas, 2 Nays 03/19/10 SENATE Committee Substitute Text (C1) Filed 03/22/10 SENATE Reference to Rules removed; remaining references: Policy Steering Committee on Ways and Means 03/26/10 SENATE Favorable with CS by Policy Steering Committee on Ways and Means; 16 Yeas, 4 Nays 03/26/10 SENATE Committee Substitute Text (C2) Filed 03/30/10 SENATE Placed on Calendar, on second reading 03/31/10 SENATE Read Second Time; Read Third Time; Passed (Vote: 26 Yeas / 10 Nays)

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Florida Developmental Disabilities Council | 124 Marriott Drive | Suite 203 | Tallahassee | FL | 32301