FDDC: Capitol Update * Volume 10 * Issue 2

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From: Florida

Developmental Disabilities Council

Sent: Wednesday, March 24, 2010 11:05 AM

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Subject: Capitol Update * Volume 10 * Issue 2

Announcement

from the

Florida

Developmental Disabilities Council

March 24, 2010 Volume 10, Issue2

Florida Developmental Disabilities

Council, Inc.

124 Marriott Drive, Suite 203, Tallahassee, FL 32301-2981

Phone: / ~ Fax: (850)

922-6702

TDD /

http://www.fddc.org/

Agency for PErsons with Disabilities

Budget Update

The

House and the Senate have conforming bills and budget bills that they

will try to get passed before the Easter and Passover Holidays.

The House has a total of $10.7 million

dollars in cuts that include a cap on Tier 1 at $120,000 where previously

there was no cap, and the elimination of behavioral assistance services

in standard and behaviorally focused group homes.

The Senate has these reductions AND almost $93 million more cost

reductions by reducing Tiers 2, 3, and 4 by 10%, provider rates by 10%

and ICF/DD rates by 7%!

Putting a cap on Tier One and the reduction of the other Tier caps could

force some individuals into residential services and the elimination of

behavioral assistance will affect some group homes dramatically,

threatening their existence.

The Florida Developmental Disabilities Council has taken a position to

avoid further cuts in waiver dollars and services Council Position. Please call your Senators and Representatives members of the House and Senate Appropriations Committees

Protect Early Steps, Florida's Part

C Program

Early Steps is administered by

Children's Medical Services (CMS) in accordance with the Individuals with

Disabilities Education Act (IDEA), Part C.

Early Steps, which serves children from

birth to 36 months who have a developmental delay, or a condition that

places them at risk for developmental delays, provides Florida's infants

and toddler's early intervention services and supports intended to

improve children's chances to develop to their full potential by

achieving specific developmental milestones. These milestones are

essential to the development of a child's ability to learn, speak, and

move at critical periods that research shows lead to optimal abilities in

later life.

In 2008-09, Florida provided these

critical early intervention services to 41,940 children.

For the 2010-11 fiscal year, a projected shortfall of about $4.2 million

dollars could jeopardize the federal government's ability to provide a

grant to Florida. The shortfall would result in a loss of funding

from the state to continue a meaningful program, and the state could lose

this $54 million early intervention program.

Research has proven that the time to have the biggest impact on a child's

health and functioning is in the child's early years. Longitudinal

studies have documented the savings to society in the long run by taking

care of our youngest citizens now.

The Council encourages lawmakers to adequately fund the Part C Early

Steps program to effectively serve all children with a developmental

delay.

We will be contacting members of the Health and Human Services Appropriations Committee in the

Senate and the Health Care Appropriations Committee in the House and we will let them know that the state

needs 4.2 million dollars to maintain Early Steps at the current level or

risk losing our federal grant to provide services critical to the health

and functioning of all children ages 0-36 months that have a

developmental delay. So far the House has 3.6 million in the projected

Early Steps Budget and the Senate has not designated any money at this

time. ******************************************************************************

SB

2118

- Relating to Use, Prevention, and Reduction of Seclusion and Restraint

on Students with Disabilities in Public Schools Cosponsors; Dean, Fasano and Storms

Senator

Detert calendared Sen. Gardiner's bill forTuesday 3/23 at 3:15

p.m. But, because Senator Gardiner is about to welcome a new baby

into his family - Congratulations Senator Gardiner! - the bill

will be temporarily postponed until the week of April 5th so

that Senator Gardiner can present the bill.

Senator

Gardiner's office continues to suggest that grassroots groups seek

co-sponsors andthe support of Senate PreK-12 Education Committee

members.

Senator

Detert®

Senator Frederica S.

(D)

Senator

Larcenia J. Bullard (D)

Senator

Lee Constantine ®

Senator

Don Gaetz ®

Senator

Ronda Storms ®

Senator

Thrasher ®

Senator R. Wise ®

We also have word that Representative Legg calendared HB 81 for Thursday, March 25, 2010 at 9:00

a.m. See below.

HB 81- Relating to Use,

Prevention, and Reduction of Seclusion and Restraint on Students with

Disabilities in Public Schools

On the Agenda for the Education Pre-K - 12 Committee,

on Thursday, March 25, 2010 at 9 AM in Hall (17 HOB)

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

Summary

This bill provides that manual physical restraint

shall be used only in emergency when there is imminent risk of serious

injury or death to student or others; it provides restrictions on use of

manual physical restraint and prohibits the use of manual physical

restraint by school personnel who are not trained and certified to use

district-approved methods for applying restraint techniques. The bill

prohibits school personnel from placing a student in seclusion and

provides requirements for use of time-out. It requires schools to prepare

an incident report after occasion of student restraint and also requires

development and revision of school district policies and procedures. The

Council has taken a position supporting this legislation. Council Position

Effective Date: July 1, 2010

Actions

08/20/09 HOUSE Filed

10/01/09 HOUSE Referred to PreK-12 Policy Committee; Health Care Services Policy Committee; PreK-12

Appropriations Committee; Education Policy Council

HOUSE Now in PreK-12 Policy Committee-March 25,

2010 at 9:00 a.m.

Similar Bills

SB 2118 - Relating to Students with Disabilities/Seclusion/Restraint by Gardiner

03/01/10 SENATE Referred to Education

Pre-K - 12; Children, Families, and

Elder Affairs; Education Pre-K - 12 Appropriations

03/18/10 SENATE

temporarily postponed in the Education Pre-K - 12 Committee.

SB 1166- Relating to Community Residential Homes by Altman

HB 645, Community

Residential Homes, (Companion Bill to SB 1166) is on the Agenda for the

Military & Local Affairs

Policy Committee on Thursday,

March 25, 2010, at 9:00 AM, in Webster Hall, Room 212, the Knott Building

Co-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.

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 Nays

02/17/10 SENATE Now in Children, Families, and Elder

Affairs

Identical Bills

HB 0645 - Relating to Community

Residential Homes by Stargel

Actions

01/28/10 HOUSE Referred to Military & Local

Affairs Policy Committee; Health Care Services Policy Committee; Economic

Development & Community Affairs Policy Council

HOUSE

HB 645, Community

Residential Homes, (Companion Bill to SB 1166) is on the Agenda for the

Military & Local

Affairs Policy Committee on Thursday, March 25, 2010, at 9:00

AM, in

Webster Hall, Room 212, the

Knott Building

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 the Division of

Statutory Revision.

EFFECTIVE DATE: 07/01/2010.

Committees of Reference

Children, Families, and Elder Affairs, Criminal

Justice, Judiciary, Health and Human Services Appropriations

Actions

01/26/10 SENATE Filed

SB

2038 -

Relating to Medicaid Buy-in Program/Persons with Disabilities by Crist

On the Agenda for

the Health Regulation Committee on Friday, March 26, 1010, at 10:15 am,

in the Knott Building, Room 412

Summary

The bill provides 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 legislation.

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 Means

Actions

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

On the Agenda for

the Health Regulation Committee on Friday, March 26, 1010, at 10:15 am,

in the Knott Building, Room 412

Similar Bills

HB 0837 - Relating to Medicaid Buy-in for Persons with Disabilities by

Homan

02/10/10 HOUSE Referred to Health Care Regulation

Policy Committee; Health Care Appropriations Committee; Health &

Family Services Policy Council

SB 0214 -Relating to Autism by Ring

Summary

This 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

Means

03/04/10 SENATE on Committee agenda - Health

Regulation, 03/09/10, 3:30 pm, 412 K

03/11/10 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 Means

03/15/10 SENATE Now in Banking and Insurance

03/19/10 On the SENATE agenda for the Committee on

Banking and Insurance, 03/24/10, 1:15pm in Room 412, Knott Bldg.

Compare

HB 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 Nay

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

Similar

HB 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

Summary

This 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

Appropriations

Similar

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 Council

HB 0719-Relating to Child Care by Zapata

Summary

This 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

Similar

SB 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

Appropriations

HB

1505 -Relating

to M. McKay Scholarships for Students with Disabilities Program by

Summary

This 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

03/19/10 HOUSE Now in PreK-12 Appropriations

Committee

Compare

SB 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

SB 2192-Relating to Prepaid Developmental Disabilities Savings

Program by 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 children who are developmentally

disabled 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 Na

Identical

HB 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

Summary

This 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.

Actions

02/18/10 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 Bills

HB 0943 - Relating to Allocation

and Expenditure of State Lottery Revenues by Proctor

02/18/10 HOUSE Referred to PreK-12 Appropriations

Committee; Governmental Affairs Policy Committee; Full Appropriations

Council on Education & Economic Development

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