Bills

Health-related Bills for 2008 Legislative Session 

CS/H 19 – Coverage for Mental Health and Substance-related Disorders by Homan; others. (Identical SB 164 by Crist): Requires that insurers, HMOs, nonprofit hospital and medical services plans make available optional coverage for certain categories of mental health and substance-related disorders at rates, co-payments and deductibles equal to other those for other medical conditions. CS allows for certain limitations.  Last event: Died in Senate messages.

CS/S 92 -  Persons Injured by Crime/Medical Treatment/"Frank Pacheco Aid to Victims Act" by Villalobos  (Similar HB 9): Makes it a criminal offense to deprive medical treatment to a victim of a crime with intent to avoid, delay, hinder, or obstruct any investigation of criminal activity contributing to the injury.  Last action: PASSED by Legislature and ordered enrolled, 5/1/08.

H 153 - HIV/AIDS Education Requirement by Cusack (Similar S 646) : Revises requirements relating to educational courses on HIV/AIDS for certain employees and clients of specified licensed health care facilities and nurse registries.  Last event: House substituted CS/S 646 and passed Senate bill,. 

S  164 -- Insurance/Mental & Substance-related Disorders by Crist (Identical HB 19):  Requires that insurers, HMOs, nonprofit hospital and medical services plans make available optional coverage for mental health and substance-related disorders at rates, co-payments and deductibles equal to other those for other medical conditions.  Last event: Died in Committee.

H 241 – Homelessness by Culp: Creates Housing First program and a 3-year Youth Housing Continuum Pilot Program. Requires Connected by 25 in Hillsborough County to provide administrative support and sets specified duties, etc.  Last event: Passed by House; Died in Senate Messages.

CS/H 243 - Automated External Defibrillators by Anderson (Compare S 564): Revises requirements for civil immunity for use or attempted use of defibrillator on victim of perceived medical emergency and provisions related to maintenance and training requirement.  Last event: See CS/CS/SB 564, which was passed. 

H 247 - Nursing Facilities by Murzin (Identical S 686): Revises frequency of visits to nursing facilities by quality-of-care monitors from AHCA and authorizes certain licensed nursing facilities to develop a plan to provide certain training for nursing assistants, etc. Last event:  Laid on table; refer to CS/CS/S 686.

CS/HB 257 – Abortion by Traviesa: Requires that all third trimester abortions be performed in hospitals and sets other requirements for all abortions. Included are requirements for a 24-hour waiting period, review of an ultrasound exam by the patient unless declined in writing and appointment of a guardian ad litem for a minor petitioning the court for waiver of parental notice.  Last event:  Failed to pass. 

H 275 - Pharmacy by R. Garcia, others.  Revises licensure by endorsement; provides for registration fo pharmacy technicians etc.  Last event:  Died in Healthcare Council.

CS/HB 285 - Clinical Nurse Specialists by Healthcare Council and Kiar: Revises certification requirements.   Last event: Laid on table; CS/SB 736 substituted and PASSED by Legislature.  

CS/S 334 - Pharmacists and Pharmacy Technicians by Saunders (Similar H 275): Revises law governing licensure by endorsement of pharmacists. Provides for the registration of pharmacy technicians, etc.   Last event:  Passed Senate, 4/23/08; House amendment filed, 4/29/08.

CS/CS/S 370 - Personal Care Attendant Program by Wise: Requires the Florida Endowment Foundation for Vocational Rehabilitation to contract with the Florida Association of Centers for Independent Living to administer a program providing personal care attendants to persons with severe and chronic disabilities.  Last event:  PASSED by Legislature.

CS/H 405 - Health Insurance Claims Payments by Galvano (Identical S 1012):  Prohibits health insurance contracts and HMO contracts from prohibiting or restricting insureds from assigning plan benefits to noncontract providers for covered services; etc.  Last Event: Laid on Table; refer to CS/CS S 1012, 4/25/08.

S 446 - Bicycle Safety by Bullard (Identical H 7): Revises safety standard requirements for bicycle helmets for riders or passengers who are under 16 years of age.  Last event:  Died in Committee.

S 448 - Breast Cancer/Lymph Node Dissection Coverage by Joyner:  Includes lymph node dissections under the provisions prescribing the length of a hospital stay relating to a mastectomy and the outpatient postsurgical followup care that any group, blanket, or franchise accident or health insurance policies, and HMOs must cover, etc.  Last event: Died in Committee.

HB 461 - Health Flex Plans by Patronis (Identical S 1022): Revises eligibility for enrollment in health flex plans; extends expiration of health flex plan program.  Last Event: PASSED by Legislature. 

H 535 - Health Insurance by Cretul: Revises definition of "bone marrow transplant" and requires that an identification card containing specified information be given insureds under health benefit plans, group health insurance policies and HMOs. Last Event:  PASSED by Legislature.

CS/CS/S 564 -  Automated External Defibrillators by Constantine (Compare H 243): Revises law  relating to training requirements for the use of automated external defibrillators.  Last event: PASSED by Legislature.

CS/H 607 - Orthotics, Prosthetics, and Pedorthics by Cretul: Revises definitions and changes Board of Orthotists and Prosthetists composition. Expands rule authority to include standards of practice for orthotic fitters, orthotic fitter assistants, and residents, etc.  Last Event: PASSED by Legislatlure. 

CS/CS/S 610 -  Physical Education/Grades 6-8 by Constantine: Requires public schools to provide 225 minutes of physical education each week for students in grade 6 through grade 8. Effective: 7/01/2008. Last event: PASSED by Legislature.

CS/H 637 - Electronic Health Records by Grimsley : Establishes Electronic Medical Records System Adoption Loan Program and provides for eligibility, terms, and conditions for granting loans.  Last Event: Passed by House, 4/18/08;  Died in Senate Messages.

CS/S 646 - HIV and AIDS Educational Requirements by Margolis (Similar H 153): Revises requirements for courses on HIV and AIDS for certain employees and clients of licensed health care facilities such as developmental disabilities, mental health, substance abuse services, hospital, ambulatory surgical centers,  nursing home, etc.  Last event: PASSED by Legislature.>

CS/S 652 -- Task Force on Workforce Safety by Lynn: Creates the Florida Public Task Force on Workplace Safety within the Office of Insurance Regulation. Last event: Laid on table; refer to CS/CS/H967, 5/01/08.

CS/CS/S 686 -  Nursing Facilities by Bennett (Identical H 247): Provides that every nursing facility with a standard license may develop a plan to provide training for certified nursing assistants (CNAs), and that the Agency for Health Care Administration may adopt rules regarding such programs. Last event:  PASSED by Legislature.

CS/H 691 - Medicaid Recipients with Psychiatric Disabilities by Zapata (Compare S 846; S 1570) : Authorizes AHCA to contract with service networks that enroll Medicaid recipients with psychiatric disabilities; provides for recipients with psychiatric disabilities to be assigned to specified service networks under certain circumstances. Last Event: CS passed by House; died in Senate Messages.

CS/H 731 - Personal Care Attendant Program by Gardiner (Similar S 370): Requires Florida Endowment Foundation for Vocational Rehabilitation to contract with Florida Association of Centers for Independent Living to provide personal care attendants to persons who have severe and chronic disabilities. Last Event: See CS/CS/SB 370, which passed. 

S 780 - Reproductive Health Services and Family Planning by Rich; others: Sets requirements for licensed health care practitioners and health care facilities providing care to rape survivors, etc.   Last Action:  Died in Committee.

CS/S 790 - School Safety/Bullying and Harassment by Baker (Similar S 88, H 669 ):  Prohibits bullying or harassment during education programs or activities, on school buses, or through use of data or computer software accessed through computer systems of certain educational institutions.  Last event: Laid on table; refer to H 669, 4/30/08. 

S 846 - Medicaid/Psychiatric Disabilities by Rich (Compare H 691) : Allows the Agency for Health Care Administration to contract with a specialty provider service network that exclusively enrolls Medicaid beneficiaries who have psychiatric disabilities. Last event: Died in Committee.

S 888 - Florida Kidcare Program by Dawson:  Expresses the legislative intent to revise Florida Kidcare Program laws. Last Action: Died in Committee; see amendments to state budget bill. 

S 1010 - Senator Les Miller Act/Prostate Cancer Screening by Hill (Similar H 53): Requires insurance policies, group health insurance policies, and health maintenance contracts to provide coverage for an annual screening for prostate cancer for men age 40 or older. Last event:  Died in Committee. 

CS/CS/S 1012 - Health Insurance Claims Payments by Gaetz ( Identical H 405): Prohibits health insurance contracts and health maintenance contracts from prohibiting or restricting insureds from assigning plan benefits to providers not under contract with the insurer for covered health care services. Last event: PASSED by House and Senate. .

S 1022 - Health Flex Plans by Peaden (Identical H 461):  Revises eligibility for enrollment in a health flex plan. Extends the expiration date of the health flex plan program to July 1, 2013, etc. Last event:  Laid on table; refer to CS/HB 461, 4/30/08.

H 1035 - HIV Testing by Garcia, L. (Similar S 1648): Provides conditions under which an HIV test may be performed on the blood of an individual who has not given consent. Last Event: Died on Calendar.

S 1092 - Alzheimer's Disease/Medicaid Waiver Program by the Committee on Health Policy and Dawson:  Continues the Alzheimer's Disease Medicaid home and community-based-services waiver program until the close of the 2010 Legislative Session.  Requires OPPAGA to conduct an evaluation of comparable Medicaid home and community-based-services waiver programs to determine their comparative cost-effectiveness. Last event:  PASSED by Legislature.   

CS/CS/CS/SB 1374 - Home Health Care by Health Regulation and Jones (Compare S 2558): Authorizes a home infusion therapy provider to be licensed as a nurse registry. Requires an applicant for a home health agency license to submit to the AHCA a business plan and evidence of contingency funding, and disclose other controlling ownership interests in health care entities, etc.  Last event:  Senate laid on Table, refer to CS/HB 7083, 4/23/08.

CS/H 1429 - Mental Health and Substance Abuse Services by Healthcare Council and Gardiner:  Establishes process for DCF to contract with community-based managing entities; specifies qualifying criteria for contracts between DCF & managing entities for provision of behavioral health services; creates community-based systems of care; and authorizes implementation of managing entities by DCF.  Last event:  PASSED by Legislature.

CS/CS/S 1488 - Health Care Consumer's Right to Information Act by Dean (Compare H 1435)  by Dean: Revises requirements for health care providers and facilities in notifying patients of charges for health care services, mandating an itemized, comprehensible estimate of charges. Last event: PASSED by Legislature.

S 1508 - Medicaid Managed Care Programs by Saunders: Revises criteria the Agency for Health Care Administration must consider when assigning a Medicaid recipient to a managed care plan or MediPass provider. Last event: Died in Committee.

S 1540- Public Records Exemptions for Patients' Medication History Website by Saunders (Linked S 1550): Exempts from public records requirements the personal identifying information about a patient, the patient's medication history, a practitioner, or a pharmacist, contained in records reported to an agency with access to or operating the privacy-protected website for patients' medication histories.  Last event: Died in Committee.
 
S 1550 - Patients' Medication History Website by Saunders (Linked S 1540): Requires the Agency for Health Care Administratio to contract for design and operation of a website offering health care practitioners, pharmacies, and pharmacists access to patient medication history through a privacy-protected website. Last event:  Died in Committee.

1566 - Medicaid Managed Care Plans by Lynn (Similar H 859): Requires Medicaid managed care plans providing comprehensive behavioral health care services to continue to offer previously authorized services while prior authorization is processed, pay certain claims, and provide grievance systems, etc. Last event: Died in Committee. 

S 1570 - Medicaid Managed Care Pilot Program by Lynn (Compare H 691, S 846): Excludes people with developmental disabilities, persons with severe and persistent mental illness and other individuals from mandatory enrollment in Medicaid managed care plans. Requires that AHCA assure these people receive appropriate services through managed care plans and provider service networks. Last event: Died in Committee.

S 1648 - HIV Testing/Informed Consent by Saunders (Similar H 1035): Requires that when consent cannot be obtained within the time necessary to conduct an HIV test on an individual and begin prophylactic treatment of the exposed medical personnel, the results of the HIV test shall be documented only in the medical file of the medical personnel and not in the patient's medical file without written consent. Last Event: PASSED by Legislature.  

CS/SB 1704 - Surrendered Newborn Infants/Safe Haven Protection by Children, Families, and Elder Affairs and Storms: Provides that a parent who surrenders a newborn infant in accordance with statutory provisions is presumed to have consented to termination of parental rights, and express consent is not required.  Last Event: Senate substituted H 7007 and passed it, 4/24/08.  

S 1968 - Health Insurance by Posey (Identical H 535): Requires an ID containing specified information to be given to insureds under health benefit plans and group health insurance policies and persons having health care services through HMOs, etc.  Last event: Laid on table; refer to CS/HB 535, 4/23/08. 

CS/CS/S 1998 - Electronic Health Records by Ring (Identical H 637) :  Expands access to a patient's medical records to facilitate electronic exchange of data between certain health care facilities, practitioners, and providers and attending physicians, etc. Last event: Died in Committee.  

S 2400 – Abortion by Webster (Compare H 257): Requires that an ultrasound be performed on any woman obtaining an abortion and be reviewed with the patient prior to the woman giving informed consent for the procedure. Requires that the woman certify in writing that she declined to review the ultrasound and did so of her own free will.  Exempts from the requirement women who are victims of rape, incest, domestic violence, etc. Last event:  Failed to pass by a vote of 20 to 20, 4/30/08.

CS/CS/S 2534 - Health Insurance by Peaden (Similar H 7081): Creates the Cover Florida Health Care Access Program and small business "menu" plan.. Requires the development of guidelines to meet minimum standards for quality care and access to care, etc.  Last event: PASSED by Legislature.

CS/CS/S 2626 - Substance Abuse and Mental Health Services by Storms: Establishes mental health  and substance abuse community-based provider networks. Last event:  PASSED by Legislature  as CS/HB 1429.

S 2684 - Optional Payments for Medical Assistance (Similar H 1311): Creates a Medicaid buy-in program for certain persons with disabilities, subject to federal approval. Last event: Died in Committee.

H 7007 - Safe Haven Protection for Surrendered Newborn Infants by Healthcare Council and Garcia, R., others:   Provides presumption of consent to termination of parental rights in cases of surrendered infants. Removes requirement that child-placing agency conduct a search to identify parent of surrendered infant, etc. Last event:  PASSED Legislature; ordered enrolled, 4/25/08.

CS/CS/HB 7081 - Affordable Health Coverage (Similar S 2354): Creates Cover Florida Health Care Access Program; eliminates expiration date of health flex plan program; revises program and eligibility requirements; provides certain exemptions from 6-month lapse in coverage requirement; eliminates expiration date of health flex plan program; creates Florida Health Choices Program and Florida Health Choices Corporation, etc. Last event: CS/CS/S 2534 substituted and PASSED by Legislature.

CS/H 7083 - Health Care Fraud and Abuse by Policy & Budget Council and Healthcare Council and Garcia, R: Authorizes home infusion therapy provider to be licensed as nurse registry; requires applicant for home health agency license to submit to AHCA business plan & evidence of contingency funding & disclose other controlling ownership interests in health care entities; etc.  PASSED by the Legislature.
 
HB 7085 – Mental Health and Substance Abuse by Healthcare Council and Galvano (Similar S 1150): Creates "Community Mental Health and Substance Abuse Treatment and Crime Reduction Act" to develop a community mental health and substance abuse treatment forensic treatment system, and establishes demonstration sites.  Authorizes creation of a licensure category for integrated adult mental health crisis stabilization unit and addictions receiving facilities, etc.  Last Event: Passed by House, 4/18/08;  died in Senate messages.