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From FAHU Lobbyist, Rhett O'Doski

Week four has come to an end and the Legislature will turn its sights next week to the budget.  Per the constitution, the budget is actually the only bill that the legislature must pass annually.  In years such as this, that does not seem like such a bad idea!
 
There has been talk this week of the state’s beleaguered PIP auto insurance system as bills start to move that would “repeal and replace” (Thank you President Ken Stevenson for that) PIP insurance.  I think the overall concern is that if there is a straight up repeal of PIP, drivers who are otherwise uninsured will have no medical coverage at all.  Both pieces of legislation currently being considered would repeal PIP and replace it with varying levels of BI and in the Senate version, mandatory medical payments coverage.  We will keep an eye on this as it moves through the system. 
 

 
Florida House again passes direct primary care agreements -
 
The Florida House Thursday passed legislation allowing patients to directly contract for basic health services with their doctor -- an idea the lower chamber has championed as a cost saving measure for the past few sessions.
 
But HB 161 does not include a provision from the similar SB 240 that directs the Agency for Health Care Administration to submit a Medicaid waiver to the federal government to allow recipients to choose direct primary care agreements within the state’s Medicaid managed care program.

 
 
HMO retroactivity bill starts to move in lower chamber -
 
The House plan to prevent insurers from retroactively denying a claim under certain conditions started to move in the lower chamber.
 
HB 579, like the SB 102 companion bill, prohibits health insurers and HMOs from retroactively denying a claim if they verified the eligibility of a subscriber at the time of treatment and provided an authorization number.
 
An adopted amendment makes the provision apply only to contracts in 2018 and after and does not apply to Medicaid managed care.
 
Having passed the House Health Innovation Subcommittee, it has two more committee stops before heading to the floor.

 
 
House passes surgery center bill -
 
The Florida House Thursday passed a bill allowing patients to stay up to 24 hours at ambulatory surgical centers. HB 145 also contains a provision creating recovery care centers to treat patients for up to 72 hours post-surgery, but that component was removed from the comparable SB 222.
 
 
Senate health panel passes managed care nursing home exemption -
 
The Senate Health Policy Committee passed legislation (SB 682) Monday to carve out nursing home residents from the Medicaid managed care system.
 
With some exceptions, Medicaid recipients who have resided in a nursing facility for 60 or more consecutive days would be exempted from the Long-Term Care component of the statewide managed care program. An exemption would also apply to those receiving hospice care while residing in a nursing facility.
 
Under the bill, nursing homes and hospices would instead be paid on a fee-for-service basis from the Agency for Health Care Administration for these Medicaid recipients rather than receiving payment from the managed care plans.
 
Generally, fee-for-service means medical staff is paid for each service provided. Managed care organizations provide for bulk buying services for lower prices, but some choices of providers or drugs are limited.

 
 
Judge tosses out trauma system plan -
 
As lawmakers debate revamping the trauma-care system, a judge Tuesday rejected a plan by the Florida Department of Health that likely would have led to an increase in trauma centers across the state, reports The News Service of Florida.
 
Administrative Law Judge Garnett Chisenhall, in a 70-page ruling, tossed out proposed rules that the department planned to use in determining whether trauma centers should be allowed to open. Chisenhall said the department's position "contravenes" at least two state laws.
 
The ruling was a victory for five major hospitals -- UF Health Jacksonville, Tampa General Hospital, Lee Memorial Hospital in Fort Myers, Bayfront Health-St. Petersburg and St. Joseph's Hospital in Tampa -- that have long run trauma centers and filed challenges after the department proposed the rule last year.
 
It also was the latest development in six years of legal and regulatory battling about efforts to open new trauma centers in various parts of the state. Those battles have focused heavily on a law that limits the number of trauma centers statewide to 44 and also caps the numbers in 19 different regions of the state.

House trauma center bill clears 1st hurdle -
 
A limit on how many trauma centers can open in Florida would be erased under legislation that cleared its first committee Monday, reports Jim Rosica of FloridaPolitics.com.
 
HB 1077, by Rep. Jay Trumbull, was OK’d on a 10-5 vote.
 
Among other things, it also does away with the system of trauma service areas and regions, relieves the Department of Health of setting standards for the centers, and would streamline the process for new ones to open.
 
Trumbull, a Panama City Republican, told the panel a main reason for the bill was to cut down the many lawsuits against the department, which has to OK new centers. Indeed, an attempt to quell fighting between health care providers only led to more internecine warfare in the courts. The latest suit was filed last week.
 
“We’re just hoping to curb some of that litigation,” Trumbull said, mentioning that the Health Department has spent over $900,000 on outside attorneys in the last year and a half.

 
 
Hospitals on edge as lawmakers weigh cuts to Medicaid in Florida -
 
As state lawmakers look for places they can cut the state budget, fearing a revenue shortfall in coming years, Medicaid spending could be on the chopping block, according to Michael Auslen of The Times/Herald Tallahassee Bureau.
 
The Florida House and Senate have proposed saving the state money by reducing what hospitals get from Medicaid. Including state dollars and the money the federal government kicks in, those cuts range from $300 million to nearly $800 million next year.
 
Rep. Jason Brodeur, R-Sanford, who chairs the House health care budget committee, vowed the cuts wouldn’t make it harder for families to use Medicaid.
 
“It would be more of a burden to those hospitals that provide services to Medicaid patients,” he said.
 
And, Brodeur says, the cuts are just suggestions made as part of an exercise ordered by legislative leaders. It won’t be clear until later this week whether they make it into the budget.
 
Sen. Anitere Flores, R-Miami, who oversees the Senate’s health care budget, said some of the potential cuts are tied to Florida’s decision not to expand Medicaid.
 
In a bid to encourage Florida to provide coverage for more low-income people, the federal government cut a pool of money that reimbursed hospitals for charity care. But Florida decided not to expand Medicaid, and had to set aside state dollars to offset the cuts.
 
That money may be on the chopping block, Flores said.
 
The Scott administration called for a continuation of the Low Income Pool but was also pushing for significant changes to it and the entire Medicaid program under the defunct U.S. House plan to repeal and replace Obamacare.

 
 
House marijuana bill passes 1st committee -
 
One of six plans to regulate medical marijuana moved forward in the state House Tuesday.
 
HB 1397 includes some of the strictest controls on Florida’s nascent medical marijuana industry of any plan offered by the Legislature, according to Dan Sweeney of The Sun-Sentinel. It would initially limit growers to only the seven currently in existence, and bans smoking, vaping and edibles.
 
The bill, supported 14-1 in the Health Quality Subcommittee, has two more committee stops before going to the House floor for a vote. None of the five Senate bills regulating the medical marijuana industry has had a hearing, though the content of the bills was workshopped.
 
The Senate will have to center on one plan; then the two chambers will have to negotiate to make their bills identical before passing out of the Legislature and to the governor’s desk.

 
 
AHCA releases Medicaid data in advance of contracting with prospective health plans -
 
The Agency for Health Care Administration has posted the Statewide Medicaid Managed Care Data Book for prospective health plans that want to participate in the re-procurement process.
 
The book provides background information and comprehensive data sets plans may find useful when they developed responses to the agency’s “invitation to negotiate” or ITN.
 
State law requires the agency to release the book at least 90 days before issuing the ITN for Medicaid managed care.
 
The agency is hosting a public meeting April 12 in Tallahassee to address questions about the databook.

 
Copyright © 2017 Florida Association of Health Underwriters, All rights reserved.


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