BUDGET UP DATE

Florida Developmental Disabilities Council, Inc.
124 Marriott Drive, Suite 203, Tallahassee, Florida 32301-2981
Phone: (850) 488-4180 / (800) 580-7801
Fax: (850) 922-6702 TDD (850) 488-0956 / (888) 488-8633
Chairperson: Enrique Escallon / Executive Director: Debra Dowds www.fddc.org

April 30, 2008
Volume 7, Issue 6
Budget Update

The budget conference committees are over and the budget is on a 72 hour waiting period that is required by law.

Agency for Persons with Disabilities
House leaders fought valiantly for language that would modify tiers and for the House position on provider rates.

Most of the Senate positions for individuals with developmental disabilities prevailed and the Senate did not entertain new language that would have eased the implementation of the tiers.

The main APD final conference outcomes are as follows

Providers lose 43 million dollars with a 5.5 % cut.
Cost Plans will be frozen at the expenditure level plus 5% with certain exceptions.
Tier One remains uncapped
Fair Hearings remain in the Department of Administrative Hearings.
There was over 3 million dollars assigned for more people to do consumer assessments.

Early Steps
Extra non-recurring funding was provided to offset a pending federal reduction. There will be no reductions in Early Steps / Part C funding this year. Your calls and e-mails worked!


Medicaid Reform

The Senate did not agree to the House's push to expand the Medicaid Reform Pilot area to 9 additional counties, including Miami-Dade and Tampa Bay, by September 2010. That language was removed completely from the final version of the budget-related Medicaid bill. Barring any rogue amendments, it seems that there will be no Medicaid reform expansion approved this Session. Proviso language authorizing the Agency for Health Care Administration to use unobligated surplus Medicaid funds to prepare for expansion into Miami-Dade was also removed.

Neither the weak improvements to Reform proposed by Rep. Bean that were incorporated into the House's Medicaid language, nor the stronger ones proposed by advocates, ended up in the final version. However, the provision that authorizes the Governor, House Speaker and Senate President to form workgroups to investigate alternative health care reforms, particularly including alternatives to Medicaid Reform, was not a conference issue and is in the final version of the bill.

SB 2684 - Relating to Optional Payments for Medical Assistance-Crist
Summary - Optional Payments for Medical Assistance; This bill provides for Medicaid eligibility for certain persons with disabilities under a Medicaid buy-in program, subject to specific federal authorization. This program would allow people with disabilities to go back to work without fear of losing their Medicaid, as long as they share in paying for their Medicaid services.

Actions
03/20/08 - SENATE - Referred to Health Policy; Children, Families and Elder Affairs and Health and Human Services Appropriations 04/15/08 - SENATE - Favorable by Health Policy; 6 Yeas, 0 Nays 04/16/08 - SENATE - Now in Children, Families, and Elder Affairs

Identical Bill
HB 1311 - Relating to Optional Payments for Medical Assistance -Reed
03/07/08 - HOUSE - Referred to Healthcare Council; Policy & Budget Council
03/13/08 - HOUSE - Referred to Committee on Health Innovation by Healthcare Council

SB 2654 - Relating to Autism Spectrum Disorder - Geller

Summary - General Autism Spectrum Disorder; The "Window of Opportunity Act" would require health insurance plans to provide coverage for screening, diagnosis, intervention, and treatment of autism spectrum disorder in certain children. The bill prohibits an insurer from denying or refusing coverage or refusing to renew or reissue or terminate coverage based on a diagnosis of autism spectrum disorder .The bill includes training provisions for child care personnel and procedures for early detection of Autism Spectrum Disorders.
EFFECTIVE DATE: 01/01/2009.

Actions
03/13/08 - SENATE - Referred to Banking and Insurance; Health Policy; Health and Human Services Appropriations;
03/18/08 - SENATE - Favorable with CS by Banking and Insurance; 8 Yeas, 0 Nays
03/20/08 - SENATE - Committee Substitute (C1) Filed
04/01/08 - SENATE - Favorable with CS by Health Policy; 6 Yeas, 0 Nays
04/03/08 - SENATE - Committee Substitute (C1) Filed 04/10/08 - SENATE - Favorable with CS by Health and Human Services Appropriations; 4 Yeas, 0 Nays
04/11/08 - SENATE - Committee Substitute (C3) Filed
04/14/08 - SENATE - Placed on Calendar, on second reading
04/17/08 - SENATE - Placed on Special Order Calendar for
04/23/08 04/23/08 - SENATE - Read Second Time; Amendment Withdrawn (979934); Amendments Adopted (454676, 687410); Read Third Time; Passed (Vote: 39 Yeas / 0 Nays); Immediately Certified; In House Messages; Engrossed Text (E1) Filed
04/28/08 - HOUSE - Referred to Calendar

Compare Bill
HB 1291 - Relating to Autism Spectrum Disorder - Porth
This bill includes additional language that requires training provisions for child care personnel and procedures for early detection of Autism Spectrum Disorders.
03/07/08 - HOUSE - Referred to Healthcare Council; Policy & Budget Council
03/18/08 - HOUSE - Favorable with 1 Amendment by Health Innovation; 4 Yeas, 3 Nays 04/02/08 - HOUSE - Now in Healthcare Council

HB 7153 - Relating to Children with Disabilities by Healthcare Council

Summary - This bill is an alternative to the Senate bill that emphasizes using state services rather than mandating insurance providers to cover Autism Spectrum Disorders. The bill includes all children with disabilities and is the product of the House Select Committee on Autism and Developmental Disorders.

Actions 0
4/25/08 - HOUSE - Filed (formerly PCB HCC27)


HB 739 - Relating to Guardian Advocates for Persons with Developmental Disabilities-Ambler

Summary - Guardian Advocates for Persons with Developmental Disabilities: This bill provides a list of persons from which the court must select a guardian advocate and provides that the guardian advocate need not be represented by an attorney. It revises requirements for petition seeking appointment of a guardian advocate and modifies who may be appointed counsel to person with developmental disabilities. It also revises powers and duties of the guardian advocate with respect to financial accounting requirements.

Actions
02/06/08 - HOUSE - Referred to Healthcare Council; Policy & Budget Council
03/04/08 - HOUSE - Favorable with 1 Amendment by Healthy Families; 9 Yeas, 0 Nays 04/01/08 - HOUSE - Favorable with CS by Healthcare Council; 18 Yeas, 0 Nays
04/10/08 - HOUSE - Council Substitute (C1) Filed
04/14/08 - HOUSE - Placed on Calendar, on second reading
04/23/08 - HOUSE - Placed on Special Order Calendar for
04/25/08 04/25/08 - HOUSE - Read Second Time; Amendment Withdrawn (198899); Amendment Adopted (176947); Ordered engrossed; Engrossed Text (E1) Filed

Similar

SB 688-Relating to Developmentally Disabled/Guardian Advocates - Crist
01/09/08 - SENATE - Referred to Children, Families, and Elder Affairs; Judiciary; Health and Human Services Appropriations
02/20/08 - SENATE - Favorable by Children, Families, and Elder Affairs; 7 Yeas, 0 Nays 03/25/08 - SENATE - Favorable with CS by Judiciary; 10 Yeas, 0 Nays
03/27/08 - SENATE - Committee Substitute (C1) Filed
04/22/08 - SENATE - Favorable with CS by Health and Human Services Appropriations; 5 Yeas, 0 Nays
04/24/08 - SENATE - Committee Substitute (C2) Filed; placed on calendar, on second reading 04/25/08 - SENATE - Placed on Special Order Calendar for 04/28/08


SB 2028 - Relating to Disabled School Students/Discipline - Duetch
Summary - Disabled School Students/Discipline [SPCC]-This bill requires the training of school personnel concernning procedures for safely restraining students with disabilities in an emergency. Prohibits school personnel from restraining a student with disabilities for a behavioral intervention or when the student is prone. The bill also provides for parental notification of incidents of restraint and provides for an outside review committee.

Actions
02/27/08 - SENATE - Referred to Education Pre-K - 12; Children, Families, and Elder Affairs; Education Pre-K - 12 Appropriations

Identical Bills
HB 1139 - Relating to Discipline of Students with Disabilities by Bucher 03/02/08 - HOUSE - Referred to Schools & Learning Council

HB 1319 - Relating to Medicaid Utilization Management Program - Roberson

Summary - General Medicaid Utilization Management Program-The bill deletes the provision requiring the Agency for Health Care Administration to develop and implement utilization management programs for Medicaid-eligible recipients for management of occupational, physical, respiratory, & speech therapies. There currently are plans to put therapy services for children age 0-21 into for-profit managed care. This bill would terminate those plans.

Actions
03/07/08 - HOUSE - Referred to Healthcare Council; Policy & Budget Council
03/13/08 - HOUSE - Referred to Committee on Health Innovation by Healthcare Council

Identical Bills
SB 2238 - Relating to Medicaid Utilization Management Program by Garcia
03/07/08 - SENATE - Referred to Health Policy; Health Regulation; Children, Families, and Elder Affairs; Health and Human Services Appropriations

HB 91 - Relating to Disability History and Awareness -Richardson Cosponsors: Galvano, Kendrick, Kriseman, Sachs, Skidmore, Zapata

Summary - General Disability History and Awareness-This bill authorizes district school boards to designate "Disability History and Awareness Weeks" during the first 2 weeks in October each year. The bill provides for students in all K-12 public schools to be provided disability history and awareness instruction. Encourages state postsecondary institutions to conduct and promote activities related to disability history and awareness.

Actions
09/17/07 - HOUSE - Referred to Schools & Learning Council; Policy & Budget Council
01/24/08 - HOUSE - Referred to Committee on K-12 by Schools & Learning Council
03/18/08 - HOUSE - Favorable with 1 Amendment by K-12; 8 Yeas, 1 Nay
04/08/08 - HOUSE - Favorable with CS by Schools & Learning Council; 14 Yeas, 0 Nays 04/10/08 - HOUSE - Committee Substitute (C1) Filed
04/14/08 - HOUSE - Referred to Calendar

Similar
SB 856 - Relating to Disability History and Awareness Pilot Project - Fasano CS Sponsors: Children, Families, and Elder Affairs
01/24/08 - SENATE - Referred to Education Pre-K - 12; Children, Families, and Elder Affairs; Education Pre-K - 12 Appropriations
02/20/08 - SENATE - Favorable by Education Pre-K - 12; 5 Yeas, 0 Nays
03/19/08 - SENATE - Favorable with CS by Children, Families, and Elder Affairs; 7 Yeas, 0 Nays
03/20/08 - SENATE - Committee Substitute (C1) Filed
03/21/08 - SENATE - Now in Education Pre-K - 12 Appropriations
04/10/08 - SENATE - Favorable by Education Pre-K - 12 Appropriations; 5 Yeas, 0 Nays 04/11/08 - SENATE - Placed on Calendar, on second reading
04/15/08 - SENATE - Placed on Special Order Calendar for
04/17/08 04/17/08 - SENATE - Read Second Time; Amendment(s) Adopted (269978); Ordered engrossed
04/23/08 - SENATE - Read Third Time; Passed (Vote: 39 Yeas / 0 Nays)
04/24/08 - HOUSE - In Messages
04/28/08 - HOUSE - Referred to Calendar

SB 110 - Relating to Disability History and Awareness Weeks by Fasano Cosponsors: Bullard (L)

Summary - Resolution Disability History and Awareness Weeks; Recognizes October 1-15, 2008, as "Disability History and Awareness Weeks" and encourages public schools and universities to provide instruction on disability history, people with disabilities, and the disability rights movement, etc.

Actions
04/02/08 - SENATE - Read Second time; Adopted

SB 1570 - Relating to Medicaid Managed Care Pilot Program - Lynn

Summary - General Medicaid Managed Care Pilot Program. This bill provides exceptions to mandatory enrollment in the Medicaid managed care pilot program and provides for expiration of such exceptions. The bill requires the Agency for Health Care Administration (AHCA) to take on additional powers, duties, and responsibilities with respect to the pilot program. This bill requires that AHCA provide Medicaid recipients with certain information, such as, planned standards for granting services in excess of the plan's service caps. The language states that" Persons with developmental disabilities as defined by s.393.063 (9), children found to be dependent pursuant to s. 39.01(14), 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 are excluded from mandatory enrollment in the pilot program until the service delivery systems described in the current statute have been developed and evaluated for a period of at least 1 year and until the Legislature expressly authorizes their mandatory enrollment.

Actions
02/21/08 - SENATE - Referred to Health Policy; Health Regulation; Children, Families, and Elder Affairs; Health and Human Services Appropriations
03/19/08 - SENATE - Favorable with 4 Amendments by Health Policy; 7 Yeas, 0 Nays 03/20/08 - SENATE - Now in Health Regulation

SB 366 - Relating to Elderly Persons and Disabled Adults/Abuse & Neglect - Margolis Cosponsors: Fasano, Bullard (L)

Summary - General Elderly Persons and Disabled Adults/Abuse and Neglect This bill reclassifies the offense of aggravated abuse of an elderly person or disabled adult from a second-degree felony to a first-degree felony. This bill also requires certified law enforcement officers to complete training in identifying and investigating elder abuse and neglect before June 30, 2011.

Actions
11/28/07 - SENATE - Referred to Criminal Justice; Children, Families, and Elder Affairs; Criminal and Civil Justice Appropriations
02/06/08 - SENATE - Favorable by Criminal Justice; 9 Yeas, 0 Nays
03/19/08 - SENATE - Favorable by Children, Families, and Elder Affairs; 7 Yeas, 0 Nays 04/03/08 - SENATE - Withdrawn from Criminal and Civil Justice Appropriations; Placed on Calendar, on second reading
04/08/08 SENATE Placed on Special Order Calendar for 04/10/08
04/10/08 - SENATE - Read Second Time 0
4/16/08 - SENATE - Read Third Time; Passed (Vote: 39 Yeas / 0 Nays)
04/17/08 - HOUSE - In Messages

Identical Bill
HB 233 - Relating to Elderly Persons and Disabled Adults - Anderson Cosponsors: Ambler, Heller, Holder, Porth, Sachs
12/12/07 - HOUSE - Referred to Safety & Security Council; Policy & Budget Council
02/06/08 - HOUSE - Favorable by Homeland Security & Public Safety; 7 Yeas, 0 Nays 02/20/08 - HOUSE - Favorable by Safety & Security Council; 12 Yeas, 0 Nays; Now in Policy & Budget Council
03/18/08 - HOUSE - Favorable by Policy & Budget Council; 32 Yeas, 0 Nays
03/19/08 - HOUSE - Placed on Calendar, on second reading.

SB 788 - Relating to Transportation Disadvantaged/Services - by Fasano

Summary - General Transportation Disadvantaged/Services -This bill revises the number of members required for a quorum at a meeting of the Commission for the Transportation Disadvantaged and revises responsibilities for the commission. The bill requires the commission to incur expenses for the purchase of advertisements, marketing services, and promotional items. The bill revises and creates duties and responsibilities for agencies that purchase transportation services for the transportation disadvantaged.

Actions
01/24/08 - SENATE - Referred to Transportation; Community Affairs; Transportation and Economic Development Appropriations
03/04/08 - SENATE - Favorable by Transportation; 7 Yeas, 0 Nays
03/13/08 - SENATE - Favorable by Community Affairs; 9 Yeas, 0 Nays; Now in Transportation and Economic Development Appropriations
03/24/08 - SENATE - Transportation and Economic Development Appropriations Meeting canceled, 03/24/08, 4:30 pm; On Committee agenda - Transportation and Economic Development Appropriations, 03/25/08, 3:00 pm, 309 C
03/25/08 - SENATE - Temporarily postponed by Transportation and Economic Development Appropriations
03/28/08 - SENATE - On Committee agenda - Transportation and Economic Development Appropriations, 04/02/08, 8:30 am, 309 C
04/02/08 - SENATE - Favorable with CS by Transportation and Economic Development Appropriations; 5 Yeas, 0 Nays
04/03/08 - SENATE - Committee Substitute (C1) Filed
04/14/08 - SENATE - Reference to Health and Human Services Appropriations added; remaining references: Health and Human Services Appropriations;
04/22/08 - SENATE - Favorable with CS by Health and Human Services Appropriations; 5 Yeas, 0 Nays; Committee Substitute (C2) Filed
04/23/08 - SENATE - Placed on Calendar, on second reading; Placed on Special Order Calendar for 04/25/08
04/25/08 SENATE Read Second Time; Substituted for HB 1175; Laid on Table, Refer to HB 1175

Similar Bill
HB 1175 - Relating to Transportation Disadvantaged Services - by Robaina0
3/05/08 - HOUSE - Referred to Healthcare Council; Policy & Budget Council 0
3/13/08 - HOUSE - Referred to Committee on Health Innovation by Healthcare
04/04/08 - HOUSE - Referral revoked from Committee on Health Innovation by Healthcare Council 0
4/08/08 - HOUSE - Favorable with CS by Healthcare Council; 18 Yeas, 0 Nays
04/14/08 - HOUSE - Committee Substitute (C1) Filed;
04/15/08 - HOUSE - Favorable with CS by Policy & Budget Council; 34 Yeas, 0 Nays; Placed on Calendar, on second reading; Placed on Special Order Calendar for
04/17/08 04/17/08 - HOUSE - Read Second Time; Amendment Withdrawn (800709) 04/18/08 - HOUSE - Read Third Time; Passed (Vote: 109 Yeas / 0 Nays)
04/22/08 - SENATE - In Messages
04/24/08 - SENATE - Received, Referred to Transportation; Community Affairs; Transportation and Economic Development Appropriations
04/25/08 - SENATE - Withdrawn from Transportation; Community Affairs; Transportation and Economic Development Appropriations; Substituted for SB 0788; Read Second Time; Amendments Adopted (228096

SB 1954 - Relating to Developmental Disabilities by Rich CS Sponsors: Children, Families, and Elder Affairs

Summary - Agency for Persons with Disabilities 2008 legislative package.

This bill revises the term "developmental disabilities institution" to be known as a "developmental disabilities center." It revises provisions regarding background screening of direct service providers. It also provides additional grounds for denying, suspending, or revoking a license, and imposing a fine against a provider serving clients of the Agency for Persons with Disabilities if the licensure applicant or licensee has been verified by the caregiver responsible for abuse, neglect, or abandonment of a child; abuse, neglect or exploitation of an adult; or previously had a license revoked by APD, the Agency for Health Care Administration, or DCF.

Actions
02/27/08 - SENATE - Referred to Children, Families, and Elder Affairs; Health Regulation; Health and Human Services Appropriations
03/26/08 - SENATE - Favorable with CS by Children, Families, and Elder Affairs; 6 Yeas, 0 Nays
03/28/08 - SENATE - Committee Substitute (C1) Filed 04/08/08 - SENATE - Favorable by Health Regulation; 7 Yeas, 0 Nays
04/15/08 - SENATE - Favorable by Health and Human Services Appropriations; 3 Yeas, 0 Nays
04/16/08 - SENATE - Placed on Calendar, on second reading
04/22/08 - SENATE - Placed on Special Order Calendar for 04/24/08
04/24/08 - SENATE - Read Second Time; Temporarily Postponed on Second Reading; Placed on Special Order Calendar for 04/25/08
04/25/08 - SENATE - Temporarily Postponed on Second Reading; Placed on Special Order Calendar for 04/28/08

Similar Bill
HB 7075 - Relating to Developmental Disabilities - Healthcare Council, Galvano Summary - General Developmental Disabilities: Revises exemption from certain requirements for refingerprinting & rescreening; provides circumstances under which APD may deny, revoke, or suspend license or impose fine; authorizes direct service providers to administer certain prescription medications to clients with developmental disabilities; authorizes sheriff to transport defendant determined incompetent to proceed due to retardation or autism to county jail pending court appearance at competency hearing held within specified period of time.
Actions
04/07/08 - HOUSE - filed (formerly PCB HCC25)
04/08/08 - HOUSE - Referred to Calendar
04/15/08 - HOUSE - Placed on Special Order Calendar for 04/17/08
04/17/08 - HOUSE - Read Second Time 04/18/08 - HOUSE - temporarily postponed, on Third Reading
04/19/08 - HOUSE - Read Third Time; Passed (Vote: 109 Yeas / 0 Nays)
04/22/08 - SENATE - In Messages 04/24/08 - SENATE - Received, referred to Children, Families, and Elder Affairs; Health Regulation; Health and Human Services Appropriations

SB 862 - Relating to Developmental Disabilities Institutions - Fasano Cosponsors: Lynn CS Sponsors: Children, Families, and Elder Affairs

Summary - Developmental Disabilities Institutions. This bill requires the Agency for Persons with Disabilities to submit a report containing a detailed plan to the Governor and the Legislature if the agency proposes to close, or reduce by 20 percent or more, the resident population of the Marianna Sunland or the Tacachale developmental disabilities institutions.

Actions
01/24/08 - SENATE - Referred to Children, Families, and Elder Affairs; Health and Human Services Appropriations
02/20/08 - SENATE - Favorable with CS by Children, Families, and Elder Affairs; 7 Yeas, 0 Nays
02/22/08 - SENATE - Committee Substitute (C1) Filed
03/03/08 - SENATE - Reference to Governmental Operations added; Remaining references: Governmental Operations; Health and Human Services Appropriations; Now in Governmental Operations
04/17/08 - SENATE - Favorable with CS by Governmental Operations; 6 Yeas, 0 Nays 04/18/08 - SENATE - Committee Substitute (C2) Filed
04/21/08 - SENATE - Now in Health and Human Services Appropriations

Identical Bills
HB 0333 - Relating to Developmental Disabilities Institutions by Nehr
03/31/08 - HOUSE - Placed on Calendar, on second reading
04/15/08 - HOUSE - Placed on Special Order Calendar for 04/17/08
04/17/08 - HOUSE - Read Second Time; Amendment Adopted (079267); Engrossed Text (E1) Filed 04/18/08 - HOUSE - Read Third Time; Passed (Vote: 107 Yeas / 0 Nays)
04/22/08 - SENATE - In Messages

Florida Developmental Disabilities Council, Inc.
124 Marriott Drive, Suite 203, Tallahassee, Florida 32301-2981Phone: (850) 488-4180 / (800) 580-7801 ~ Fax: (850) 922-6702 TDD (850) 488-0956 / (888) 488-8633 Chairperson: Enrique Escallon / Executive Director: Debra Dowds www.fddc.org