HB 431 passed the House on Wednesday, and the companion bill, SB 894 still has its last committee stop, Senate Appropriations. SB 894 is not currently on what appears to be the last hearing of the Senate Appropriations Committee, so questions remain if it will be withdrawn from its last committee stop or die in that committee. The bills have been amended to remove independent practice for PAs. The legislation instead changes the 1:4 physician/PA supervision ratio and replaces it with a 1:10 ratio, giving the physician the choice to enter into as many as 10 supervisory contracts with PAs.

The legislation also allows PA to:

SB 54: Passed the Senate on Wednesday, with an amendment by Senator Farmer requiring $5k in medical payments coverage. The bill includes a $5k physician set-aside within the medical payments, assuring payment for care provided within the first 30 days to an auto-injury patient for inpatient or in a hospital emergency department.

The House bill, HB 719, still has one committee stop left, House Judiciary, and it is assumed but not yet noticed to be on the April 19 agenda.

HB 1157 addresses the issue of identity transparency by requiring a FED to post certain information in and around the facility that clearly identifies it as a FED. The bill also includes identity transparency requirements for all FED advertising. The bill requires AHCA to publish the following information on its website, which must be updated at least annually:

The bill requires a health insurer to post on its website a link to the information provided by AHCA and a comparison of statewide average in-network and out-of-network urgent care center and FED charges for the 30 most common urgent care center services. The information must be updated at least annually.

The Senate companion, SB 1976, has been heard in all but its last committee of reference, Senate Appropriations. The Senate bill unfortunately includes language that would require patients to receive an admonishing letter after urgent care is provided in an ER. The House bill does not include this language.

SB 1926 creates s. 90.5034, F.S., establishing a privilege for communication between human trafficking victims and human trafficking advocates or trained volunteers. The bill provides that communication between a human trafficking victim advocate or trained volunteer and a human trafficking victim is “confidential,” if it is not intended to be disclosed to third persons, except to specified persons. A human trafficking victim has a privilege to refuse to disclose, and prevent any other person from disclosing such confidential communication or record made in the course of advising, counseling, or providing services to the victim. Additionally, the bill defines the terms “anti-human trafficking organization,” “human trafficking victim advocate,” “trained volunteer,” and “human trafficking victim,” and provides training requirements for human trafficking victim advocates and trained volunteers. The bill amends s. 787.06, F.S., to expand the definition of “human trafficking,” to include the “purchasing, patronizing, [or] procuring” another person for the purpose of exploitation of that person. Additionally, the definition of “obtain,” is amended to mean “in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof.” The bill expands the scope of specified human trafficking offenses relating to children under 18 years of age to include an adult believed to be under 18 years of age. The bill provides that the Legislature encourages each state attorney to adopt a pro-prosecution policy for human trafficking offenses, and requires the state attorney to determine whether to file, nonfile, or divert criminal charges even when there is no cooperation from a victim or over the objection of the victim, if necessary.

The House companion, HB 523, will also be heard this week on the House floor.

HB 1057 is the Agency's package for the 2021 Session, and includes mostly clean-up to the statutes that govern the Medicaid program. Issues of note within the larger bill:

The Senate companion, SB 1292, will be heard in its last committee of reference, Senate Appropriations, this week.

SB 272 creates section 381.99, Florida Statutes, to establish the Rare Disease Advisory Council (Council) adjunct to the Department of Health (DOH). The Council is tasked with providing recommendations to improve the health outcomes of Floridians who have a rare disease, defined as a disease that affects fewer than 200,000 people in the United States. The bill establishes the membership of the Council, and requires that the Council first meet by October 1, 2021, and provide its recommendations to the Governor and the State Surgeon General by July 1 of each year beginning in 2022. The Council must:

The House companion, HB 1373, is also available to be heard on the House floor.

HB 519 revises the required comprehensive health education curriculum for K-12 public schools to include instruction on the prevention of child sexual abuse, exploitation, and human trafficking. The bill clarifies that the comprehensive health curriculum must be age and developmentally appropriate. The bill limits the existing requirement to provide instruction to all students on abstinence and the consequences of teen pregnancy so that it is only provided to students in grades 6 through 12.

The Senate companion, SB 1094, heard in its last committee stop this week, Senate Appropriations.

HB 673 creates “Gail’s Law” to require FDLE, subject to an appropriation and no later than July 1, 2023, to create and maintain a statewide database tracking the location, processing status, and storage of each SAK collected after the database is implemented. The database must be accessible by law enforcement, alleged victims, and alleged victims’ parents, guardians, or other representatives. The database must track the status of a SAK from its collection throughout the criminal justice process all the way through the kit’s destruction. The bill requires FDLE to adopt rules and that specified entities must participate in the database in accordance with those rules. The bill also requires FDLE to ensure that every victim or victim’s representative is notified that the database exists and is provided with instructions on how to use it. Under the bill, a victim must be notified when the analysis of his or her SAK results in a DNA match, but such notification must not release any identifying information of the match. Such notification may only be delayed up to 180 days if notifying the required persons would negatively affect an investigation. The bill authorizes FDLE to phase in participation according to region, volume of kits, and other criteria, but requires all entities in the chain of custody to fully participate in the statewide database no later than one year after it is created. The bill also requires FDLE to apply for any available grant funds to assist in implementing the database.

The Senate companion, SB 1002, will be heard in its last committee of reference this week.

HB 701 requires health insurers and health management organizations to provide written notice to covered individuals outlining the federal and state requirements for coverage of behavioral health care services. In addition, this notice must include the statewide toll-free telephone number established by the Division of Consumer Services at the DFS for reporting complaints related to the availability, affordability, and adequacy of behavioral health care services. The bill also requires the DFS to provide a report to the Legislature by January 31, 2022, which includes information on the complaints received by the Division of Consumer Services related to behavioral health care services.

The Senate companion, SB 1024, is ready to be heard on the Senate floor.

SB 388 authorizes an emergency service transport vehicle permit holder to transport a police canine injured in the line of duty to a veterinary clinic, hospital emergency department, or similar facility if no person requires medical attention or transport when the canine needs it. The bill authorizes emergency medical technicians (EMTs) and paramedics to provide emergency medical care to an injured police canine at the scene of an emergency or while the canine is being transported. The bill provides civil and criminal immunity for EMTs and paramedics providing emergency care to an injured police canine and exempts them from the application of the veterinary practice act for providing medical care to a police canine injured in the line of duty.

The House companion, HB 697, is also ready to be heard on the House floor.

SB 348 requires Florida Medicaid to reimburse for Medicare crossover claims for nonemergency ambulance services. Currently, Medicaid pays for emergency transportation crossover claims but not for non-emergency transportation crossover claims. The bill requires Florida Medicaid to pay all deductibles and coinsurance for Medicare-covered services provided to Medicare-eligible recipients by ambulances licensed pursuant to chapter 401, Florida Statutes, according to the corresponding procedure codes for such services. Currently, Medicaid must pay all deductibles and coinsurance for Medicare emergency transportation services provided by ambulances licensed pursuant to chapter 401, Florida Statutes.

The Senate passed a measure Thursday aimed at toughening penalties on people who participate in violence during demonstrations after an emotional debate in which several Black senators said the bill further attacks those already disenfranchised and victimized by racism. The legislation (HB 1) is the top priority for Gov. Ron DeSantis, who now gets the bill, which had passed the House earlier. The measure, which passed the Senate 23-17 largely along partisan lines, was proposed last year after a summer of unrest after the death of George Floyd in police custody in Minnesota, though it wasn't filed until January. White senators – supporters and opponents alike – said they were now more aware than ever of the racism their Black counterparts discussed and several committed to try to work on the larger problems of racism and police injustice. The bill also grants civil immunity to people who drive through protesters blocking a road and puts mandatory minimum sentences on people convicted of battery on a police officer during a riot. HB 1 Coverage: Associated Press / Florida Politics / Axios / Tampa Bay Times / Sarasota Herald-Tribune / Orlando Sentinel / News Service of Florida

A House committee on Thursday unanimously passed legislation (PCB JDC 21-01) that seeks to begin to address concerns about police use of force by setting out new basic training standards and more reporting requirements around violent police encounters. The measure, backed by Republican House leaders and the Black Legislative Caucus, would also require separate police agencies or a state attorney to investigate all police shootings, whether the shooting victim dies or is wounded. Other provisions of the legislation include a minimum arrest age of 7, and specifics of the required training for all officers that would include a duty to intervene in excessive uses of force by other officers and a duty to render medical assistance to victims of excessive force. Sheriffs endorsed the idea, with the Florida Sheriffs Association saying the bill would make "sound changes to the requirements for the operations and standards for all law enforcement agencies in Florida." The bill was filed earlier this week by the Judiciary Committee, which approved it on a unanimous vote Thursday. Representatives of major police organizations also support the measure.  Florida Politics / News Service of Florida / Rep. Fentrice Driskell Press Release

Rape kits containing evidence from sex assaults would be tracked through a database aimed at helping victims keep up with what's happened to them under legislation (HB 673) passed unanimously by the House on Thursday. The bill is named "Gail's Law," after Gail Gardner of Orlando, who spent years living in fear that her attacker might return because she was never informed that her attacker, a serial rapist, had been in jail. "No victim should be left in the dark about the status of her case, no victim should be looking out her window every night," said Rep. Emily Slosberg, the bill's sponsor. The bill goes to the Senate, which has been considering a similar bill (SB 1002) scheduled for a hearing next week in the Senate Appropriations Committee. Florida Politics

Last year, a proposal requiring physicians to obtain written consent prior to conducting pelvic exams passed the Legislature and was signed into law by Gov. Ron DeSantis. However, confusion came after multiple physician associations argued the law was too vague. This session, they’re trying to clarify the language. SB 716 is scheduled to be considered in its third and final committee, the Senate Rules Committee, on Friday. The new measure would define “manual examination of the female reproductive system” and provide clarification on required consent as well as an exemption to patients who have emergency medical conditions and certain exams are needed to provide specific care, or if exams are part of child-protective and child-neglect investigations. A similar measure in the House (HB 361) is ready for floor consideration. News Service of Florida 

 

House Budget Panel to Hear Health Care Antitrust Proposal 

A measure aimed at preventing monopolies in the state's health care market that has been filed in years past has again gained traction this session. HB 1219 is on the House Appropriations Committee for Friday. The bill would give the Florida Attorney General oversight authority in regards to certain health care transactions and mergers that meet a $50 million-dollar revenue threshold. The sponsor, Rep. Erin Grall, R-Vero Beach, said the proposal seeks to help keep the state’s health care market competitive, encourage transparency and prevent monopolies. The House measure still has to pass the House Health & Human Services Committee and the similar Senate companion, SB 1064, moved early in session but now seems stuck.

The House passed a bill on Thursday that seeks to close what supporters said is a loophole in Florida law relating to medical malpractice litigation. HB 651 would allow parents of adult children to recover damages for mental pain and suffering in medical malpractice wrongful-death lawsuits. The sponsor of the legislation, Rep. Spencer Roach, R-North Fort Myers, said Florida is the only state that differentiates between a medical negligence wrongful death action and other wrongful death actions. The proposal passed on the House floor with a 99-16 vote. A similar Senate measure, SB 1112, has yet to move, however. 

State lawmakers are poised to pass the most sweeping changes to the state's automobile insurance laws in nearly 50 years, doing away with its "no-fault" insurance provision, and requiring every motorist to carry bodily injury coverage. Miami Herald