HB 1381 allows the CTG grant program to fund projects directed at decreasing racial and ethnic disparities in severe maternal morbidity and other maternal outcomes. The bill also adds maternal health programs to existing community-based programs the DOH is required to coordinate. The bill creates telehealth minority maternity care pilot programs in Duval and Orange Counties to expand the capacity for positive maternal health outcomes in racial and ethnic minority populations. The pilot programs are required to use telehealth or coordinate with prenatal home visiting programs to provide services and education to eligible pregnant women and provide training to participating health care practitioners and other perinatal professionals. The bill requires that legislative appropriated funds for the CTG grant program be used to fund the pilot programs. The bill also requires that the DOH’s Division of Community Health Promotion and Office of Minority Health and Health Equity work together to apply for available federal funds to assist in the implementation of the bill.

HB 241 creates Chapter 1014, Florida Statutes, as the “Parents’ Bill of Rights.” Chapter 1014, F.S., enumerates parental rights with respect to his or her minor child for education, health care, and criminal justice procedures. The bill prohibits the state, its political subdivision, any other governmental entity or any other institution from infringing upon the fundamental right of a parent to direct the upbringing, education, health care, and mental health of his or her minor child.

The bill requires state action that infringes upon this fundamental right to be reviewed with strict scrutiny. For education-related parental rights, the Florida K-20 Education Code currently includes s. 1002.20, F.S., relating to K-12 Student and Parents Rights. This section enumerates 24 rights of students and parents, most of which are duplicated in the bill. The bill requires school districts to adopt policies that govern the plans and procedures by which each school district must promote parental involvement. School districts must also adopt notification procedures for specific parental rights. The bill establishes parental consent requirements for, among other things, the collection of certain identifying information for a minor child. The bill requires parental notification when a state actor suspects a child is the victim of a criminal offense but provides exceptions including when a suspected offense has been reported to law enforcement or the Department of Children and Families.

The bill 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.

Under s. 39.201(2)(a), F.S., suspected child abuse, neglect, or abandonment by a parent, caregiver, custodian, or guardian of a child is reported to the Department of Children and Families (DCF). DCF has a central abuse hotline that is available twenty-four hours a day for reporting such abuse, neglect, or abandonment. A Child Protection Team (CPT) is responsible for receiving referrals from DCF to provide specialized support and services in processing child abuse, neglect, and abandonment cases. CPT services are funded by state general revenue and social services block grant funds through DCF.

The Florida Department of Health’s (DOH) Division of Children’s Medical Services (CMS), Bureau of Child Protection and Special Technologies staff provides oversight of the statewide CPT system. A CPT generally consists of a group of physician-directed professionals who evaluate allegations of abuse, neglect, or abandonment; assess risks; and provide recommendations for child safety and support services.

Currently, individual government employees, officers, and agents are immune from civil liability for damages caused by an action arising within the scope of employment. Such immunity from civil liability does not extend to actions made in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard for human rights, safety, or property. The government entity is not liable for tortious actions arising outside the scope of the employee’s employment. Case law indicates that contracted CPT physician consultants have immunity from civil liability under certain circumstances because in those situations the physician consultants are acting as agents of the state.

There are approximately 238 CPT members who are independent contractors. DOH acknowledges that any CPT members acting within the scope and direction of their contractual duties may assert a claim of sovereign immunity as a defense to an action against that CPT member. However, if the trier of fact rejects the sovereign immunity claim, DOH’s indemnification and hold harmless contract provisions would presumably apply, requiring the contractor to indemnify and defend DOH.

HB 871 expands the immunity from civil liability to include any member of a CPT, which includes independent contractors. Therefore, any member of a CPT is immune from civil liability for actions arising out of the scope of his or her employment.

SB 714 directs the Agency for Persons with Disabilities (the APD) to provide individuals applying for Medicaid Home and Community-Based Services (HCBS) Waiver services, regardless of eligibility for such services, with the following information:  A brief overview of vocational rehabilitation services offered through the Florida Division of Vocational Rehabilitation;  A brief overview of the Florida ABLE program;  A brief overview of supplemental social security and social security disability benefits;  A statement indicating that an applicant’s local public school district may provide specialized instructional services, including transition programs, for students with special education needs;  A brief overview of programs and services funded through the Center for Students with Unique Abilities, including contact information for each state approved Florida Postsecondary Comprehensive Transition Program  A brief overview of decision-making options for persons with developmental disabilities, guardianship programs, and alternatives to guardianship;  A brief overview of referral tools made available through the APD; and  A statement indicating that some waiver providers may serve private pay individuals.

SB 262 is in messages to the House, and the companion bill, HB 29 is on the 2nd reading calendar.

Currently, an authorized prescriber may dispense up to a 24-hour supply of a medicinal drug to an emergency department patient of a hospital that holds an appropriate institutional pharmacy permit, provided that the treating physician determines that the medicinal drug is needed and that community pharmacy services are not readily accessible to the patient. If the patient needs more than a 24-hour supply of a drug, the prescriber must provide the patient with a prescription for use after the initial 24-hour period.

SB 262 extends patient eligibility to include a hospital inpatient upon discharge. The bill also authorizes a hospital pharmacy to dispense the greater of a 48- hour supply of a medicinal drug or a supply of a medicinal drug that is sufficient to last a patient until the end of next business day. The bill also authorizes a hospital pharmacy to dispense up to a 72-hour supply of a medicinal drug if the patient is located in an area in which a state of emergency is declared. The bill corrects current statutory language to reflect that it is the hospital pharmacy that dispenses the medicinal drug, rather than the prescriber.

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, is on Special Order on Monday. The House bill is in Messages to the Senate, and typically the House bill will be substituted for the Senate bill, and HB 1157 will be voted on by the Senate. SB 1976 does have a pending amendment by Senator Pizzo that would apply the signage previsions only to free-standing ERs that began to operate after July 1, 2021.

SB 1826 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, was on Special Order this week, where the Senate bill was substituted and amended, and is in returning Messages to the Senate.

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, is on Special Order on Monday.

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 on 2nd reading on the House calendar.

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, is on Special Order on Monday, and the House bill is in Messages to the Senate.

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, is on Special Order on Monday.

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 on the 2nd reading calendar, and SB 388 is in Messages to the House.

SB 768 The bill authorizes pharmacists and pharmacy interns who are certified by the Board of Pharmacy (BOP) to have completed specified educational and other requirements, to administer to adults any immunization or vaccine that is:

The BOP may authorize additional immunizations and vaccines that may be administered to adults by certified pharmacists and pharmacy interns as they are added to the lists of approved immunizations and vaccines as denoted in the paragraph above.

Additionally, the bill authorizes pharmacists who are certified to administer vaccines and immunizations to adults to also administer influenza vaccines to children seven years of age or older.

The House companion, HB 1063 is on the 2nd reading calendar, and SB 768 is in Messages to the House.

SB 54: Passed the Senate 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 amended SB 54 to remove the mandatory med pay, but does require a mandatory offering of med pay and requires the insured driver to "opt-out" in writing. The bill is in returning messages to the Senate.

SB 716 has passed the Senate, and is on Special Order in the House on Monday. SB 716:

HB 431 is on Special Order in Senate on Monday. The bill no longer grants independent practice to PAs, but instead increases the number of PAs a physician can supervise (1:10).

SB 1934 is on Special Order in the Senate on Monday. The bill:

SB 804 is on Special Order in the House on Monday. SB 804 makes several changes to provisions governing the licensure and regulation of substance abuse treatment programs, including recovery residences. The bill also broadens the eligibility for exemption from employment disqualification for certain prior criminal offenses to specified employees of an applicant recovery residence and to applicant recovery residence administrators.

HB 183 is on Special Order on Monday in the Senate after passing the House.

In Florida, minority populations experience higher rates of illness and death from health conditions such as heart disease, stroke, specific cancers, diabetes, HIV/AIDS, mental health, asthma, and obesity. The Office of Minority Health and Health Equity (Office), housed within the Department of Health (DOH), is responsible for helping to improve health and healthcare outcomes for racial and ethnic minority communities by developing or advancing policies, programs, and practices that address health, social, economic, environmental, and other factors which impact health. Under current law, the Office must be headed by a Senior Health Equity Officer, who must administer the Closing the Gap grant program in a manner that maximizes the impact of the grants in achieving health equity. HB 183 requires the Office to develop and promote the statewide implementation of policies, programs, and practices that increase health equity for racial and ethnic minority populations in Florida. The bill requires the Office to work with other state agencies, organizations, and providers to improve the health of racial and ethnic minority populations through data analysis and the development of health policies and programs that will help eliminate health disparities. The bill requires one representative from each county health department to serve as a minority health liaison and requires minority health liaisons to assist the Office in the implementation of the bill. The bill also authorizes the Office to serve as a liaison to and assist the federal Offices of Minority Health and Regional Health Operations, as appropriate.

HB 157 is on Third Reading in the House on Monday, and its Senate companion, SB 280 is on Special Order in the Senate on Monday.

The bill requires school districts to provide basic training in first aid, including one hour of cardiopulmonary resuscitation (CPR) instruction, for public school students in grades 9 and 11. Basic CPR instruction for students is currently encouraged but not required by state law. The bill provides that the CPR training must be based on a nationally recognized program that uses the most current evidence-based emergency cardiovascular care guidelines. The instruction must allow students to practice the psychomotor skills associated with performing CPR. If a school district has the necessary equipment, students must also be provided instruction in the use of an automated external defibrillator. The bill encourages school districts to provide basic first aid training, including CPR instruction, to students in grades 6 and 8.

SB 530 amends s. 456.44, F.S., to allow a specific educational pamphlet, which must be provided to health care patients or their representatives under certain circumstances, to be provided electronically or in printed form, instead of only in printed form as required under current law. The pamphlet contains information on the use of nonopioid alternatives for the treatment of pain and must be provided when a patient will receive anesthesia or will be prescribed certain opioid medications.

The Senate bill is in Returning Messages to the Senate for final consideration, after being amended in the House to remove the step therapy language that said a patient does not have to try and fail certain treatments before the insurer will pay for a non-opioid analgesic drug product.

SB 1080 will be heard on third reading in the Senate on Monday, The House bill was temporarily postponed on Special Order, typically indicating they will take up the Senate bill when it comes over in messages. SB 1080 is known as the T-21 legislation, implementing the federal increase to smoke or vape in Florida.

HB 805 Is on Special Order on Monday in the Senate.

The bill exempts certain faith-based volunteer first responder agencies that have operated for at least 10 consecutive years from the COPCN. The bill prohibits a local government from limiting, prohibiting, or preventing a volunteer ambulance service from responding to an emergency or providing emergency medical services or transport within its jurisdiction.

The bill also prohibits a local government from requiring a volunteer ambulance service to obtain a license or certificate or pay a fee to provide ambulance or air ambulance services within its jurisdiction. The bill allows a volunteer ambulance services vehicle that qualifies as an authorized emergency vehicle to disregard specified traffic laws and ordinances and use emergency lights and sirens while responding to an emergency. The bill also allows a physician or technician of a volunteer ambulance service to disregard specified traffic laws and ordinances and use red lights in their private vehicles when responding to an emergency.

The bill requires an emergency medical technician, doctor, or paramedic of a volunteer ambulance service to complete an emergency vehicle operator course before using a red light in their personal vehicle. The bill declares that it is in the public interest to foster the development of emergency medical services that address religious sensitivities and to recognize the value of augmenting existing county and municipal emergency medical services with those provided by volunteer service organizations. 

SB 1786 will be heard on 3rd reading on Monday. The House has also made it through all its committees of reference, and available on the House 2nd reading calendar.

The Florida Birth-Related Neurological Injury Compensation Plan (Plan) was part of the Legislature's efforts to manage both rising medical malpractice costs and diminishing availability of liability insurance by creating a hybrid no-fault and tort medical liability system. The Plan pays for the care of infants born with certain neurological injuries and is available to eligible families without litigation.

The legislation makes several changes to the Plan. Specifically, the bill:

Requires the Agency for Health Care Administration to conduct a review and develop policies and procedures regarding Medicaid third party benefits payable by and recoverable from the Plan.

Requires NICA to:

Requires the Auditor General to perform a financial and operational audit of NICA every three years.

HB 1155 is on Special Order in the House on Monday.

The bill transfers the audit provisions of the Florida Pharmacy Act to the Florida Insurance Code. This change gives OIR the authority to enforce these provisions and respond to potential violations. In addition, the bill expressly authorizes pharmacies to appeal audit findings made by health plans and PBMs using the existing dispute resolution program available through AHCA. The bill establishes a financial penalty for PBMs that fail to register with OIR in accordance with current law. To date, OIR has lacked the authority to actively enforce the registration requirement adopted by the Legislature in 2018. Accordingly, the bill establishes a $10,000 fine for any PBM failing to register with OIR. The bill also expressly makes a health insurer or HMO responsible for violations of the pharmacy audit provisions, even if a PBM is contracted to manage pharmacy benefits on behalf of the insurer or HMO. 

House and Senate budget chiefs on Friday night publicly accepted compromises on spending on health care, education and prisons. Key decisions included backing off hundreds of millions of dollars in proposed Medicaid cuts for hospitals and nursing homes that have spent the past year dealing with the COVID-19 pandemic. News Service of Florida

Gov. Ron DeSantis and the Seminole Tribe reached a deal Friday on a 30-year gaming compact. Senate President Wilton Simpson told the Senate in a memo that the agreement creates a $2.5 billion revenue-sharing guarantee in the first five years, with $6 billion in new revenue for Florida through 2030. As expected, the plan includes statewide online sports betting in partnership with the state's pari-mutuels. Simpson said he and House Speaker Chris Sprowls agreed to convene a special session the week of May 17 to consider ratification of the agreement.  Legal Sports Report / Sun-Sentinel / Miami Herald

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