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2013 Legislative Session Update

Week Five

Affordable Care Act | Biomedical Research Funding | Cancer Care & Research | Epinephrine Auto-injectors |  Tobacco Education & Use Prevention |


It was another incredibly busy week at the Capitol as Session passed its half-way mark. The House and Senate Appropriations committees put the finishing touches on budget proposals, as each chamber moves to pass its budget this week on the floor, and then begins the budget conference process.

Another Medicaid expansion proposal was floated which focused on insuring persons below 100 percent of the federal poverty level and not using any federal Medicaid dollars. This week also exposed the first partisan fractures of the legislative session, with House Democrats voting against the Appropriations bill in committee, in opposition to the proposed spending plan’s lack of Medicaid expansion dollars.

Over the next four weeks these issues and many more will be debated and resolved prior to the legislature’s May 3 completion date.

Following is a summary of the priority issues for the American Lung Association in Florida:

Statewide Tobacco Education and Use Prevention Program 

House and Senate Appropriations committees pass respective budget bills this week

Florida’s Constitution requires the Legislature to annually appropriate 15 percent of funds paid under the tobacco settlement for tobacco education with an annual adjustment for inflation. The Governor’s budget recommended full funding of the Comprehensive Statewide Tobacco Prevention and Education Program at $65,605,793.

The House and Senate budget bills for the coming fiscal year, which begins July 1, include line items for the Comprehensive Statewide Tobacco Prevention and Education Program. Proviso language is contained in HB 5001 to ensure the use of the CDC’s Best Practices for Comprehensive Tobacco Control Programs.

The House and Senate budget allocations and proviso language.

The American Lung Association in Florida is working to ensure the allocation of these dollars follows CDC’s Best Practices for Comprehensive Tobacco Control, are competitively procured, and rigorous performance measures are included in any contracts managed by the Florida Department of Health.

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Biomedical Research Funding: SB 1500/ HB 5001

House and Senate Appropriations committees pass respective budget bills this week

HB 5001 and SB 1500, as passed by the respective House and Senate Appropriations Committees, contain the language recommending additional funding for the Biomedical Research Trust Fund over and above the funding provided last session at the proposed levels. The House budget brings Bankhead-Coley and the James and Esther King programs to $10 million in funding, with Moffitt, Shands, and Sylvester Cancer Center each receiving $8 million.

House and Senate Appropriations

The American Lung Association in Florida supports a comprehensive, independent peer review process to determine the recipients of research dollars.

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Affordable Care Act Implementation: SB 1816

A new plan proposed in the Senate as discussions continue 

Florida has decided to follow a federal exchange model for 2013 and revisit the issue of a partnership model in 2014. On the expansion issue, Governor Scott is a reluctant supporter with a sunset after three years. The House Select Committee on PPACA voted to reject Medicaid expansion. The Senate Select Committee on PPACA also voted to reject a traditional Medicaid expansion, opting to pursue a third option instead. This option amends the Florida Healthy Kids program (state’s SCHIP program) to use its platform to provide coverage to people with an income of up to 138 percent of the federal poverty level. Those in the program would pay small premiums for private insurance; copays for doctor visits and hospital stays and qualify for health reimbursement accounts. This week, Senator Aaron Bean (R-Inverness) released a third proposal that that would use state money to help people below 100 percent of the federal poverty level pay for health services. Bean's proposal would be more limited than Senator Negron's plan and would not tap into federal funding. The House has yet to offer a proposal; however, Senate President Gaetz (R-Destin) left open the possibility of a “melded plan” of some sort and House Speaker Weatherford (R-Wesley Chapel) left open the door for some type of mechanism to take care of Florida’s poorest citizens. The debate over whether to expand Medicaid in Florida will consume the remainder of the legislative session.

PPACA calls for providing coverage to people living in households earning up to 138 percent of the federal poverty level, about $16,000 for an individual and $27,000 for a family of three. Currently, a single parent with two children must earn less than $9,000 to qualify for Medicaid.

The American Lung Association in Florida supports expanding access to health care services for these vulnerable Floridians.

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   Quality Cancer Care & Research: SB 1660 / HB 7153

Senate bill heard on the floor with passage likely next week and House bill is officially filed this week

On April 4, SB 1660 by Senator Anitere Flores (R-Miami) was heard and amended by the full Senate. Passage of the bill is likely on April 10 when the Senate meets again. The revised bill establishes a Cancer Center of Excellence Award to recognize hospitals, treatment centers, and other providers in Florida that demonstrate excellence in patient-centered, coordinated care for persons undergoing cancer treatment and therapy. This bill provides for the development of performance measures, a rating system, and a rating standard that must be achieved to be eligible for recognition. The award and designation may be used in the provider’s advertising and marketing for up to three years and it entitles the recipient to preferential consideration in competitive solicitations by a state agency or state university. This bill also provides for endowments to cancer research institutions in the state to establish a funded research chair that will attract and retain a promising researcher in order to serve as a catalyst to attract other national grant-producing researchers to the state. The endowments are contingent upon funding in the General Appropriations Act. The companion measure, HB 7153 was introduced by the House Health Quality Subcommittee on April 1 and has been referred to the Health Care Appropriations Subcommittee and the Health and Human Services Committee.

The American Lung Association in Florida is monitoring this bill and any potential House committee proposal. 

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Epinephrine Auto-injectors SB 284/ HB 366 

Senate bill passed by full Senate and House bill clears another committee this week 

SB 284 by Senator Joe Negron (R-Palm City) and HB 369 by Representative Mike LaRosa (R-St. Cloud) establish a process through which a private school can register to be notified at the same time as public school districts about an emergency occurrence in the local area that could threaten student safety. Both bills were amended to allow schools to store epinephrine autoinjectors and allow school personnel to administer them to a child in emergencies. SB 284 was passed by the full Senate on April 4 by a vote of 40 to 0. HB 369 passed the Judiciary Committee unanimously this week and is now in the Education Committee.

The American Lung Association in Florida supports legislation that would allow schools to maintain a secure supply of epinephrine autoinjectors for use if a student is having life threatening allergic reactions (anaphylaxis) and if the participating school district has adopted a protocol by a licensed physician and school personnel are trained to recognize an anaphylactic reaction and to administer an epinephrine autoinjection.

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The following bills did not have any committee action this week:

Florida Clean Indoor Air Act: SB 258/ HB 439  

Cigarette Surcharge: SB 620/ HB 473  

Tobacco Settlement — Nonsettling Manufacturers: SB 252  

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We hope this brief legislative update is helpful. We will keep you posted on these and other developments as the 2013 Session progresses.