Late December 2011 Bills Summary PDF Print E-mail

The following Bills have been filed and are of interest to Section members:

  • SB 1320 - Relating to Orthoses and Prostheses (Sobel) Orthoses and Prostheses
  • SB 1316 - Relating to Health Care (Gaetz (D)) Health Care
  • HB 1081 - Relating to Controlled Substances (McBurney)
  • HB 1075 - Relating to Health Care (Nehr)
  • HB 1073 - Relating to Cancer Control (Coley)
  • SB 1330 Relating to Practice of Electrolysis (Hays)
  • HB 1091 Relating to Medicaid Provider Accountability (Nuñez)
  • HB 1099 Relating to Stalking and Aggravated Stalking (Plakon)
  • HB 1093 Relating to Pharmacy Audits (Goodson)
  • SB 1328 Relating to Damages for Medical or Health Care Services (Hays)

SB 1320 - Relating to Orthoses and Prostheses (Sobel) Orthoses and Prostheses

Requiring the Agency for Health Care Administration to conduct a study concerning the medical necessity, costs, and efficacy of mandating coverage for certain orthoses and prostheses; requiring that the agency report its findings and recommendations to the Legislature; requiring the Office of Insurance Regulation and the Department of Health to provide certain assistance, etc. APPROPRIATION: $25,000 Effective Date: July 1, 2012

SB 1316 - Relating to Health Care (Gaetz (D)) Health Care

Revising the fine that may be imposed against a home health agency for failing to timely submit certain information to the Agency for Health Care Administration; authorizing the agency to review and analyze information from sources other than Medicaid-enrolled providers for purposes of determining fraud, abuse, overpayment, or neglect; authorizing the agency and the Medicaid Fraud Control Unit to review certain records; requiring the agency to submit a report to the Legislature on adverse incident reports from assisted living facilities; revising the federal offenses for which the Department of Health must issue an emergency order suspending the license of certain health care professionals; requiring the agency to prepare a report for public comment and submission to the Legislature following the expansion of services to new populations or of new services, etc. Effective Date: except as otherwise expressly provided in this act, this act shall take effect upon becoming a law 

HB 1081 - Relating to Controlled Substances  (McBurney)

Controlled Substances: Prohibits knowing use of Schedule II controlled substance in form or manner other than that in which manufacturer or prescriber intended it to be used; requires Board of Pharmacy to create list of opioid analgesic drugs that incorporate tamper-resistance technology & have been approved by U.S. Food & Drug Administration; prohibits substitution for such opioid analgesic drug with another opioid analgesic drug without meeting specified requirements. Effective Date: October 1, 2012

HB 1075 - Relating to Health Care (Nehr)

Health Care: Removes provision limiting number of breast & cervical cancer screenings based on projected Medicaid expenditures; requires DOH to support creation of public health programs at state & community levels to reduce incidence of mortality & morbidity from chronic diseases; requires department to create state-level program to address preventable risk factors associated with chronic diseases, develop & implement community-level program for prevention of chronic diseases & promotion of health, & coordinate efforts with DMS & other state agencies; requires licensed laboratories & practitioners to report certain information to department; repeals provisions relating to the provision of primary care for children & families. Effective Date: July 1, 2012

HB 1073 - Relating to Cancer Control  (Coley)

Cancer Control: Changes name of cancer control & research advisory council to Florida Cancer Control & Resource Advisory Council; provides for appointment & terms of council members & duties of council; provides for nominating committee to make recommendations for gubernatorial appointments to council; provides for council membership categories; provides duties of council for development, review, & approval of Florida Cancer Plan; deletes responsibilities of council & BOG relating to cancer research; provides DOH duties relating to development & establishment of Florida Cancer Plan; deletes use of funds for cancer research. Effective Date: July 1, 2012

SB 1330 Relating to Practice of Electrolysis (Hays) 

Practice of Electrolysis; Revising the protocols relating to electrolysis or electrology to require indirect, rather than direct, supervision by a physician and not require that the physician be at the location where the electrolysis is performed; requiring a licensed electrologist who performs hair removal or reduction using laser or light-based technology to practice under a protocol with a supervising licensed physician; requiring that adverse incidents be reported to the Department of Health; r equiring that an electrologist practicing in this state notify the department if the electrologist was involved in an adverse incident, etc. Effective Date: except as otherwise expressly provided in this act, this act shall take effect upon becoming a law.

HB 1091 Relating to Medicaid Provider Accountability (Nuñez) 

Medicaid Provider Accountability: Requires background screening of persons who provide personal care or services for reimbursement under consumer-directed care program; extends period of time that provider must retain certain medical & Medicaid-related records under provider agreements with AHCA; requires provider to report change of principal in writing to agency within specified period of time; authorizes agency to perform certain inspections before entering into provider agreement; removes provision that exempts certain providers & programs from agency onsite inspections; specifies applicability of background in vestigations with regard to principals of certain hospitals & nursing homes; removes provision permitting proof of compliance with background screening requirements to be retroactive; expands agency authority with respect to conducting Medicaid fraud, abuse, overpayment, & recipient neglect reviews & investigations; extends time period for retention of certain records by Medicaid provider; requires agency to seek remedy provided by law for certain actions by provider; requires agency to base determination of overpayment to provider on certain information available before issuance of audit report; requires timeframe for establishment of payment arrangements for provider to reimburse agency for overpayments & fines; requires agency to terminate provider's participation in Medicaid program if provider fails to reimburse overpayment or pay fine imposed by agency within specified period of time; expands conditions under which person who reports fraud or suspected fraudulent acts by Medicaid provider may be granted immunity from civil liability. Effective Date: July 1, 2012

HB 1099 Relating to Stalking and Aggravated Stalking (Plakon) 

Stalking and Aggravated Stalking: Provides that person who makes threat with intent to place another person in reasonable fear for his or her safety or safety of immediate family commits aggravated stalking; increases penalties for certain offenses of aggravated stalking; requires court to consider injunction restraining defendant from contact with victim for up to 10 years; creates cause of action for protective injunction; provides that victim or parent or guardian of child victim seeking protective injunction has standing to file petition for injunction for protection; provides requirements for petition for protective injunction; prohibits court from requiring petitioner to file bond upon issuance of protective injunction. Effective Date: July 1, 2012  

 HB 1093 Relating to Pharmacy Audits (Goodson) 

Pharmacy Audits: Provides standards & procedures regulating auditing of pharmacy records conducted on behalf of pharmacy benefit manager; provides contract requirements & limitations; provides for delivery of & response to preliminary & final audit reports; provides for appeal of audits; provides penalties & remedies; provides for applicability. Effective Date: July 1, 2012

SB 1328 Relating to Damages for Medical or Health Care Services (Hays) 

Damages for Medical or Health Care Services; Limiting recovery of damages for medical or health care services to amounts actually paid if no balance to the provider is outstanding; limiting recovery of such damages to amounts customarily accepted by providers in the same geographic area if a balance to the provider is outstanding; requiring medical or health care services to be medically necessary in order to be recoverable; specifying tha t certain evidence shall be considered in determining the amounts customarily accepted; providing for reduction of awards under specified provisions; providing applicability, etc. Effective Date: upon becoming a law, and shall apply to all causes of action arising on or after that date