The following bills were filed on February 27 and 28, 2012.
HB 7133 Relating to Quality Improvement Initiatives for Entities Regulated by the Agency for Health Care Administration (Health & Human Services Committee)
Quality Improvement Initiatives for Entities Regulated by the Agency for Health Care Administration: Provides responsibilities of DCFS & mental health service providers for me ntal health residents who reside in ALFs; provides for imposition of contract penalties on Medicaid prepaid health plans & mental health service providers; provides for interagency agreement between DCFS & AHCA; requires specified information regarding confidentiality of complaints to State Long-Term Care Ombudsman Program to be provided to residents of long-term care facilities upon admission; directs agency to establish & implement methodologies to adjust Medicaid rates for hospitals, nursing homes, & managed care plans; provides criteria for & limits on amount of Medicaid payment rate adjustments; directs agency to seek federal approval to implement performance payment system; provides applicability of performance payment system to general hospitals, skilled nursing facilities, & managed care plans; provides that specified persons who have regulatory responsibilities over or provide services to persons residing in ALFs must report suspected incidents of abuse to central a buse hotline; requires ALFs to be under management of licensed administrator; provides training & licensure requirements for administrators; authorizes agency to issue temporary license to administrator; provides additional requirements for limited mental health license; provides fines & penalties for specified violations by ALF; directs DEA to create advisory council to review circumstances of unexpected deaths in ALFs & of elopements; provides schedule for inspection of ALFs; provides that AHCA, DEA, DCFS, & APD shall develop or modify electronic information systems. Effective Date: July 1, 2012
SB 2134 Relating to Share Your Spare Act/Kidney Transplant (Smith (C))
Share Your Spare Act/Kidney Transplant; Urging Congress to pass the Share Your Spare Act, H.R. 2755, and the Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patie nts Act, H.R. 2969 and S. 1454, etc.
SB 1990 - Relating to Developmental Disabilities (Budget)
Developmental Disabilities; Requiring that the Agency for Persons with Disabilities review a waiver support coordinator’s performance to ensure that the support coordinator meets or exceeds criteria established by the agency; requiring that the area office review the amount of funding needed to address the each client’s extraordinary needs in order to determine the medical necessity for each service in the amount, duration, frequency, intensity, and scope that meets the client’s needs; authorizing the agency to consult with the Department of Health, the Agency for Health Care Administration, the Department of Business and Professional Regulation, and the Department of Agriculture and Consumer Services concerning procedures related to the storage, preparation, serving, or display of food and procedures related to the detection and prevention of diseases caused by certain factors in the environment, etc. Effective Date: July 1, 2012
SB 1988 - Relating to Medicaid (Budget)
Medicaid; Deleting a prohibition preventing children who are eligible for coverage under a state health benefit plan from being eligible for services provided through the subsidized program; requiring a completed application, including a clinical screening, for enrollment in the Children’s Medical Services Network; updating references to data used for calculations in the disproportionate share program; providing an additional site in Broward County for the Program of All-Inclusive Care for the Elderly, etc. Effective Date: except as otherwise expressly provided in this act and except for section 23, which shall take effect upon this act becoming a law, this act shall take effect July 1, 2012
The Health Law Section (“HLS”) website has been updated with January through April 2018 articles on significant developments in the health law arena that may be of interest to you in your practice. These summaries are presented to HLS members for general information only and do not constitute legal advice from The Florida Bar or its Health Law Section. HLS thanks the following volunteers who have generously donated their time to prepare these summaries for our members:
- Trish Calhoun, Esq., Carlton Fields
- Jocelyn Ezratty, Esq., Di Pietro Partners, LLP
- Christian Perez Font, Esq., Chief Compliance Officer, OPKO Health, Inc.
- Angelina Gonzalez, Esq., Panza, Maurer & Maynard, P.A.
- Jan Gorrie, Esq., Of Counsel, Panza, Maurer & Maynard, P.A.
- Caycee Hampton Esq., Carlton Fields
- Jeanne E. Helton, Esq., Smith, Hulsey & Busey
- Anne Kelley, J.D. Candidate, University of Florida
- Michael D. Lessne, Esq., Broad and Cassel, LLP
- Erica Mallon, Esq., Carlton Fields
- Juan Carlos (“JC”) Palacio, Esq., CHC, Associate Director, Health Information Privacy, Jackson Health System
- Danielle Scheer, MPH, CPH, J.D. Candidate, University of Florida
- Paul Thompson, Esq., MPH, Contract Attorney, Raymond James Financial, Inc.
- Timothy S. Wombles, Esq., Broad and Cassel, LLP
Thank you,
Jamie Gelfman, Esq., Broad and Cassel LLP, HLS Editor in Chief
Trish Huie, Esq., Patricia A. Huie, PLLC, HLS Team Editor
Ashley Brevda, Oncology Analytics, Inc., HLS Team Editor
Download the Updates at the Following Links
http://www.flabarhls.org/resources-menu/document-library/health-law-updates
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April 2018 HLS Updates DOCX
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April 2018 HLS Updates PDF
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Table of Contents in This Edition
ADMINISTRATIVE LAW UPDATES
CHALLENGE TO FLORIDA BOARD OF OPTOMETRY’S AUTHORITY
FIFTH CIRCUIT REVERSES DISMISSAL OF COMPLAINT SEEKING INJUNCTION TO PREVENT MEDICARE RECOUPMENT PRIOR TO CONCLUSION OF ADMINISTRATIVE APPEAL BASED ON VIOLATION OF PROCEDURAL DUE PROCESS
ANTITRUST UPDATES
CONSIDERATION OF EFFICIENCIES IN ANTITRUST MERGER ANALYSIS UNDER § 7 OF THE CLAYTON ACT
COMPLIANCE UPDATES
OIG AUDITS THE ACCURACY OF HOSPITAL CREDIT REPORTING IN CLAIMS
FRAUD AND ABUSE UPDATES
FLORIDA OPHTHALMOLOGIST SENTENCED TO 17 YEARS FOR MEDICARE FRAUD
HEALTHCARE PROVIDERS EMPOWERED BY DOJ MEMO IN HEALTHCARE FRAUD ACTIONS
MIDDLE DISTRICT CONTINUES TO REFINE THE APPLICATION OF STANDARDS SET FORTH IN ESCOBAR
Q1/2018: AN ACTIVE MONTH FOR HEALTHCARE FRAUD ENFORCEMENT IN FLORIDA
PRIVACY AND SECURITY UPDATES
EU’S NEW PRIVACY LAW, THE GDPR – THE BAR IS SET HIGH
HIPAA – LESSONS TO LEARN FROM THE FRESENIUS SETTLEMENT
LEGISLATIVE UPDATES
2018 LEGISLATIVE SESSION – HEALTH LAW MATTERS
LICENSING & SCOPE OF PRACTICE UPDATES
GOVERNOR RICK SCOTT SIGNS HOUSE BILL 21 (HB 21), IMPOSING NEW REQUIREMENTS AND RESTRICTIONS ON PRESCRIBING CONTROLLED SUBSTANCES IN FLORIDA
REGULATORY UPDATES
DEPARTMENT OF JUSTICE RAISES PENALTIES FOR FALSE CLAIM AND ANTI-KICKBACK VIOLATIONS
CMS FINALIZES COVERAGE FOR NEXT-GENERATION SEQUENCING TESTS
FDA PROPOSES RULE TO LOWER NICOTINE IN CIGARETTES
TRANSACTIONS UPDATES
NEED A LYFT? NON-EMERGENCY MEDICAL TRANSPORTATION RIDESHARING: UBER HELPFUL AND UBER RISKY
