FDDC: Capitol Update * Volume 11 * Issue 4

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From: Florida Developmental Disabilities Council Sent: Tuesday, April 05, 2011 1:18 PMTo: denisekarp@...Subject: Capitol Update * Volume 11 * Issue 4 Having trouble viewing this email? Click here April 5, 2011 * Volume 11 * Issue 4 124 Marriott Drive, Suite 203, Tallahassee, FL 32301-2981Phone: * * Fax: TDD / www.fddc.org Announcement FromThe Florida Developmental Disabilities Council Developmental Disabilities Budget Information The Emergency Rule issued by Governor Governor Rick this past week ordered a 15 percent rate reduction for those providers who work with individuals with developmental disabilities. The Governor used his emergency powers to order the cut because there is a $174 million dollar deficit in the Developmental Disabilities Home and Community Based Services Waiver. A report by 's chief inspector general released this week said the deficit occurred because attempts by state lawmakers and the Agency for Persons with Disabilities have failed to keep spending in check. Another problem is that a tiered system put in place to cap benefit payments was heavily litigated and challenged. Additionally, last year, former Governor Charlie Crist vetoed attempts by legislators to cut the rates paid to providers. The emergency was declared in order to save services for those on the waiver.The rule cuts all rates for DD services by 15% and also reduces corporate service rates to lower individual (solo) rates for certain services. The rates were originally set higher to compensate for costs such as workers compensation that contracted workers are not required to pay. The cumulative effect of the reductions is that rates for many agencies were reduced from 30% to 40%. Services which were subject to this cumulative cut include companion, respite care and behavioral services. Unfortunately, the provider service cuts are so deep that individuals with developmental disabilities are at risk of losing services that protect their health and safety. Notices of service terminations and reductions have already begun. The cuts in provider rates will last for the next three months. Many providers are concerned that the rates will not go back to where they were before the cuts. While all this is going on, the House and the Senate are taking their budgets to the Chamber floors. After each budget is passed, the House and Senate will appoint conference committees that will negotiate a compromise. No one is certain if this will mean any change in the provider rate cut crisis. The Council will be represented at the Rally in Tally to protest the Emergency Cut Rule. When: Wednesday, April 6 Time: 10:30 AM Where: The Capitol - Tallahassee, FL in the Senate Portico The proposed House budget already includes money to help resolve the deficit, including nearly $50 million in general revenue. That amount is nearly identical to the money that the House cut for biomedical research. The Senate Budget Committee on Friday passed a bill that explicitly states that APD cannot spend more money than is included in its budget. The Florida Developmental Disabilities Council will be educating the Appropriations committees about the rate cut and asking legislators to help those that depend on those services to avoid the more restrictive and expensive institutional care. Please see the chart below for House and Senate Budget Comparisons. Please contact members of the Health and Human Services Appropriations Committees in the House Proposed Cuts for the Agency for Persons with Disabilities (APD) as 4/1/11 House (in millions) Senate (in millions) 5% across the board Waiver provider rate cut 0 -42.8 Cut South FL geographic rate differential - in half for Palm Beach, Broward & Dade; Monroe by more than 80% -2.9 0 Reduce service rates to " individual rates " vs. corporate rates. Affects companion & several other services. -34.0 -34.0 Freeze cost plans 0 -6.9 Other reductions including administration -4.8 -3.5 Cover Waiver deficit for FY 2010-11 ($169.2 mil) and 2011-12 ($110.4 mil) +279.6 0 Reduce private Intermediate Care Facilities for the DD (ICF/DD) by 3% (House) or 5% (Senate) -6.3 -10.5 Early Steps/ Florida's Part C Program The Senate Health and Human Services Appropriations Committee met on February 24, 2011, and March 21, 2011, to take public comment. Developmental disability advocate Kristy presented to the committee in February to relay the success of the Early Steps program in treating disabilities from an early age to facilitate positive outcomes. The chair of the committee, Senator Joe Negron, stated he and Senator Andy Gardiner have been supporters of the program from the beginning during their tenure in the House and would make the funding of Early Steps a priority this Session. Then, on March 21st, Senator Negron said that they had fully funded Early Steps. The budget spreadsheet does confirm a $7.8 million dollar increase and we are grateful for the support of this important program. The program will need support throughout the entire budget process. The Council supports Protecting Early Steps and thanking Senator Negron , Senator Gardiner, Senator Rich , Representative Hudson and Representative Grimsley for their support. SB 912 - Relating to Affordable Housing- The Florida Supportive Housing Coalition and the Florida Housing Coalition are promoting this legislation that addresses a broad range of housing issues. S.B. 912 has exactly the same language as the legislation from last session that nearly passed. The measure would remove the current cap on the Sadowski Trust Fund, and require that housing funding over the next year be used to assist in the sale or rehabilitation of existing homes and preservation and rehabilitation of older rental apartments. The bill also establishes statutory language written by the Florida Supportive Housing Coalition that defines 'disabling condition " and " special needs. " " Disabling condition " means a diagnosable substance abuse disorder, serious mental illness, developmental disability, or chronic physical illness or disability, or the co-occurrence of two or more of these conditions, and a determination that the condition is: (a) Expected to be of long-continued and indefinite duration; and ( Not expected to impair the ability of the person with special needs to live independently with appropriate supports. The proposed legislation also: includes persons with special needs in the housing strategy's periodic review and report; requires certain rates of interest to be available to sponsors of projects for persons with special needs; limits the reservation of funds within each notice of fund availability to the persons with special needs tenants; includes persons with special needs as a tenant group for specified purposes of the State Apartment Incentive Loan program; requires a specified review committee to include projects that reserve units for persons with special needs in its evaluation and competitive ranking of applications.The Council is supporting this bill.EFFECTIVE DATE: July 1, 20112/17/2011 SENATE Referred to Community Affairs; Children, Families, and Elder Affairs; Budget3/7/2011 SENATE Favorable by Community Affairs; 9 Yeas, 0 Nays3/14/2011 SENATE Favorable by Children, Families, and Elder Affairs; 4 Yeas, 0 Nays3/15/2011 SENATE Now in BudgetIdenticalHB 0639 Relating to Affordable Housing by Aubuchon03/31/11 HOUSE Read Third Time; Passed (Vote: 117 Yeas / 0 Nays) SB 528 -Relating to Creation of the Department of Health and Human Services- Oelrich This bill creates the Department of Health and Human Services. It provides for appointment of a Secretary of Health and Human Services by the Governor and establishes regions for the administration of program services. The bill also establishes the Central Office of Investigative Services and repeals provisions relating to the Department of Children and Family Services, Agency for Persons with Disabilities, Agency for Health Care Administration, and Department of Health.The Council supports an Agency for Persons with Disabilities that is easily recognizable, and as autonomous as possible.EFFECTIVE DATE: July 1, 2011 2/9/2011 SENATE Referred to Health Regulation; Children, Families, and Elder Affairs; Governmental Oversight and Accountability; Budget Identical HB 0115 Relating to Creation of the Department of Health and Human Services by Adkins 01/25/2011 HOUSE -Now in Health & Human Services Quality Subcommittee SB 1192 - Relating to Public Records/Regional Autism Centers- Rich This bill provides an exemption from public records requirements for all records that relate to a client of a regional autism center, the client's family, or a teacher or other professional who receives the services of a center or participates in center activities. The bill provides for release of specified confidential and exempt information by a center under certain circumstances and generally strengthens and clarifies confidentiality issues for those who use the services of the Regional Autism Centers.The Council supports this bill.EFFECTIVE DATE: July 1, 2011 3/7/2011 SENATE Referred to Children, Families, and Elder Affairs; Health Regulation; Governmental Oversight and Accountability3/14/2011 SENATE Favorable by Children, Families, and Elder Affairs; 4 Yeas, 0 Nays3/15/2011 SENATE Now in Health RegulationIdenticalHB 0579 Relating to Pub. Rec./Regional Autism Centers by Coley03/23/11 HOUSE Favorable with CS by Government Operations Subcommittee; 10 Yeas, 0 Nays03/28/11 HOUSE Reference to K-20 Innovation Subcommittee removed; Reference to Education Committee added; Remaining references Education Committee; State Affairs Committee 04/01/11 HOUSE on Committee agenda - Education Committee, 04/05/11, 8:00 am, 102 H SB 566 - Relating to Special Health Care Needs/Adolescents/Young Adults -Wise This bill establishes a program within the Division of Children's Medical Services Network in the Department of Health to implement a health care transition program for adolescents and young adults who have special health care needs. The bill specifies duties of the office with respect to the oversight, implementation, and coordination of the program. The bill requires that at least one proposed health and transition services program be associated with each of the regions of the Children's Medical Services Network. The bill provides for education about Health Care Transition. The Council supports this bill which is in line with the Council's legislative priority on Health Care Transition.EFFECTIVE DATE: July 1, 2011 2/9/2011 SENATE Referred to Health Regulation; Children, Families, and Elder Affairs; Budget SB 100 - Relating to Autism - Ring This bill requires that a physician refer a minor to an appropriate specialist for screening for autism spectrum disorder under certain circumstances. It requires that certain insurers and health maintenance organizations provide direct patient access to an appropriate specialist for screening for or evaluations or diagnosis of autism spectrum disorder.The Council supports this bill.EFFECTIVE DATE: July 1, 2011 11/29/2010 SENATE Referred to Health Regulation; Banking and Insurance; Budget03/22/11 SENATE Favorable by Health Regulation; 11 Yeas, 0 Nays03/29/11 SENATE Favorable with CS by Banking and Insurance; 8 Yeas, 0 Nays 03/30/11 SENATE Committee Substitute Text (C1) Filed 04/01/11 SENATE Now in Budget IdenticalHB 1431 - Relating to Autism by Hager03/14/2011 HOUSE Now in Health & Human Services Quality Subcommittee SB 208 Relating to Persons with Disabilities- Fasano This bill provides that persons with developmental disabilities have a right to be free from negligence. It specifies that entities as well as individuals are liable for damages. The bill prohibits the operator of a public lodging or food establishment from discriminating on the basis of disability. This bill applies administrative and civil remedies available under the Florida Civil Rights Act of 1992 to certain violations against persons with disabilities. And the bill creates the " Floridians with Disabilities Act " . This bill strengthens the federal Americans with Disabilities Act (ADA) by giving individual states access to legal remedies and mediation .It does not give more rights than the federal ADA and it costs$ 650,000 to the state for estimated court costs.The Council is neutral on this bill.EFFECTIVE DATE: July 1, 2011 12/16/2010 SENATE Referred to Children, Families, and Elder Affairs; Commerce and Tourism; Judiciary; Budget2/22/2011 SENATE Temporarily Postponed by Children, Families, and Elder Affairs HB 225 http://myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=45102 & SessionId=66Relating to Dentistry and Dental Hygiene- Costello Dentistry and Dental Hygiene: This bill revises the scope and area of practice for dental hygienists. It revises locations at which dental hygienists may perform dental charting and authorizes dental hygienists to perform certain duties without supervision or authorization by a dentist. The bill requires that dental hygienists in a health access setting provide a certain disclaimer to patients before a procedure is performed. It requires that dental hygienists provide referrals and encourage the establishment of a dental home. It is hoped that this bill will open up more opportunities for dental care for those with developmental disabilities. . The Council supports this bill. Effective Date: upon becoming a law 2/1/2011 HOUSE Referred to Health & Human Services Quality Subcommittee; Business & Consumer Affairs Subcommittee; Health Care Appropriations Subcommittee; Health & Human Services Committee 03/22/11 HOUSE Favorable by Health & Human Services Quality Subcommittee; 12 Yeas, 0 Nays03/22/11 HOUSE Now in Business & Consumer Affairs SubcommitteeIdentical SB 446 Relating to Dentistry and Dental Hygiene by Hays03/15/2011 SENATE Now in Budget SB 516 Relating to Autism- This bill creates the Autism Spectrum Disorder Study Committee to study autism spectrum disorder in families in which English is the second language. The bill provides for membership, meetings, and duties. It prohibits committee members from receiving compensation for their services. The bill authorizes certain funding for publications, subject to approval of the State Surgeon General. The bill also requires a report to the Governor and Legislature. The Council is considering their position on this bill.EFFECTIVE DATE: upon becoming a law. 2/9/2011 SENATE Referred to Children, Families, and Elder Affairs; Governmental Oversight and Accountability; Budget3/14/2011 SENATE Favorable with CS by Children, Families, and Elder Affairs; 4 Yeas, 0 Nays03/30/11 SENATE Favorable with CS by Governmental Oversight and Accountability; 12 Yeas, 0 Nays 04/01/11 SENATE Committee Substitute Text (C2) Filed 04/01/11 SENATE Now in BudgetSimilarHB 083 Relating to Autism by Soto01/10/2011 HOUSE Now in Health & Human Services Quality Subcommittee SB 578 Relating to Disability Awareness- Ring This bill requires district school boards to provide disability history and awareness instruction in all K-12 public schools during the first week in October. It requires certified individuals in disability awareness or teachers who specialize in exceptional student education to provide such instruction. The bill requires the Governor's Commission on Disabilities to initiate a study on training in disability awareness to be conducted by a private nonprofit entity. The bill requires the commission to promote such training in all public entities in the state. There is already language in statute recognizing the first two weeks of October as Disability Awareness and History weeks. School districts may choose to have activities or classes during this time. The Council, the Department of Education (DOE), and other groups have encouraged school districts to participate by offering suggestions for public awareness activities and curriculum ideas. The Council is neutral on these bills.EFFECTIVE DATE: upon becoming a law.2/9/2011 SENATE Referred to Children, Families, and Elder Affairs; Education Pre-K - 12; Budget03/22/11 SENATE Favorable with CS by Children, Families and Elder Affairs; 4 Yeas, 1 Nay 03/23/11 SENATE Committee Substitute Text (C1) Filed 03/24/11 SENATE Now in Education Pre-K - 12 SimilarSB 1262 Relating to Disability Awareness by Fasano03/07/2011 SENATE Referred to Education Pre-K - 12; Children, Families, and Elder Affairs; BudgetHB 0697 Relating to Disability Awareness by Kiar02/22/2011 HOUSE Now in K-20 Competitiveness Subcommittee SB 1104 Relating to Intellectual Disabilities-Altman This bill substitutes The Arc of Florida for the Association for Retarded Citizens for purposes of certain proceedings relating to children. It substitutes the term " intellectual disability " for the term " mental retardation. " It clarifies in provisions that the meaning of the terms " intellectual disability " or " intellectually disabled " is the same as the meaning of the terms " mental retardation, " " retarded, " and " mentally retarded " for purposes of matters relating to the criminal laws and court rules.The Council supports this bill.EFFECTIVE DATE: July 1, 2011 3/1/2011 SENATE Referred to Children, Families, and Elder Affairs; Criminal Justice; Budget SB 1350 Relating to Students with Disabilities/Seclusion & Restraint This bill provides legislative findings and intent relating to the use, prevention, and reduction of seclusion and restraint on students with disabilities in public schools. It requires that manual physical restraint be used only in an emergency when there is an imminent risk of serious injury or death to the student or others. It also provides restrictions on the use of manual physical restraint. It prohibits the use of such restraint by school personnel who are notcertified to use district-approved methods for applying restraint techniques. This bill is in line with the Council's position on restraint and seclusion in the public school system. The Council supports this bill which is in line with the Council’s Position.EFFECTIVE DATE: July 1, 2011 3/7/2011 SENATE Referred to Education Pre-K - 12; Health Regulation; Children, Families, and Elder Affairs; Budget SB 1422 Relating to Developmental Disabilities- Altman This bill establishes a Developmental Disabilities Savings Program to allow for the advance payment of services for individuals who have developmental disabilities and who will be ineligible for certain services due to age. It requires the program to provide certain information. It provides that the program may not be implemented until certain legal opinions are obtained. The bill establishes the Developmental Disabilities Savings Program Board to administer the savings program. The Council is considering their position on this bill. EFFECTIVE DATE: July 1, 2011 3/7/2011 SENATE Referred to Children, Families, and Elder Affairs; BudgetSimilarHB 911 Relating to Developmental Disabilities by Ford03/03/2011 HOUSE Now in Health & Human Services Access Subcommittee SB 1616 Relating to Dan Marino Foundation Florida Vocational College - This bill establishes the Dan Marino Foundation Florida Vocational College in Broward County as a public residential post-secondary school for certain students who have developmental disabilities. It provides funding for the school through the Department of Education. It requires that the Auditor General conduct annual audits of the school's accounts and records. It creates a board of trustees. It also requires that all employees and applicants for employment with the board undergo personnel screenings and security background investigations.The Council is neutral on this bill. EFFECTIVE DATE: July 1, 2011 03/22/11 SENATE Favorable with CS by Higher Education; 4 Yeas, 0 Nays 03/22/11 SENATE Committee Substitute Text (C1) Filed03/24/11 SENATE Reference to Commerce and Tourism removed; Reference to Governmental Oversight and Accountability added; Remaining references: Governmental Oversight and Accountability; Budget03/31/11 SENATE On Committee agenda - Governmental Oversight and Accountability, 04/05/11, 3:30 pm, 110 SIdentical HB 1451 Relating to Dan Marino Foundation Florida Vocational College by 03/18/2011 HOUSE Referred to Health & Human Services Committee; Higher Education Appropriations Subcommittee; Education CommitteeHOUSE Now in Health & Human Services Committee SB 1656 Relating to McKay Scholarships/Students with Disabilities- Wise This bill makes the M. McKay Scholarship available to students with disabilities who have a 504 accommodation plan issued under s. 504 of the federal Rehabilitation Act The bill allows a parent to request and receive a scholarship for a student to enroll and attend a private school if the student has a 504 accommodation plan. The bill provides for scholarship amounts when a student is eligible for scholarship funds. The Council is considering their position on this bill.EFFECTIVE DATE: July 1, 2011 03/03/11 SENATE Filed 03/10/11 SENATE Referred to Education Pre-K - 12; Budget Identical Bills HB 1329 Relating to M. McKay Scholarships for Students with Disabilities by Bileca03/14/11 HOUSE Referred to K-20 Innovation Subcommittee; PreK-12 Appropriations Subcommittee; Education Committee03/28/11 HOUSE Favorable with CS by K-20 Innovation Subcommittee; 14 Yeas, 0 Nays 03/30/11 HOUSE Committee Substitute Text (C1) Filed 03/31/11 HOUSE Now in PreK-12 Appropriations Subcommittee SB 926 Relating to Liability/Employers of Developmentally Disabled - Storms This bill provides that an employer, under certain circumstances, is not liable for the acts or omissions of an employee who is a person with a developmental disability. The bill provides that a supported employment service provider that provides or has provided supported employment services to a person with a developmental disability is not liable for the actions or conduct of the person occurring within the scope of the person's employment. The Council is considering their position on this bill.EFFECTIVE DATE: July 1, 2011 02/17/11 SENATE Referred to Commerce and Tourism; Children, Families, and Elder Affairs; Judiciary03/16/11 SENATE Favorable with CS by Commerce and Tourism; 5 Yeas, 0 Nays03/17/11 SENATE Committee Substitute Text (C1) Filed03/22/11 SENATE Favorable by Children, Families and Elder Affairs; 4 Yeas, 0 Nays03/30/11 SENATE On Committee agenda - Judiciary, 04/04/11, 3:15 pm, 110 S Similar HB 405 Relating to Employment Liability for Persons with Disabilities by Baxley 02/07/11 HOUSE Referred to Civil Justice Subcommittee; Health & Human Services Access Subcommittee; Judiciary Committee 03/14/11 HOUSE Favorable with CS by Civil Justice Subcommittee; 14 Yeas, 0 Nays 03/15/11 HOUSE Committee Substitute Text (C1) Filed 04/01/11 HOUSE On Committee agenda - Health & Human Services Access Subcommittee, 04/05/11, 3:00 pm, 12 H Visit our Website Visit us on Facebook Forward emailThis email was sent to denisekarp@... by vandab@... | Update Profile/Email Address | Instant removal with SafeUnsubscribe™ | Privacy Policy.Florida Developmental Disabilities Council | 124 Marriott Drive | Suite 203 | Tallahassee | FL | 32301