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2005 Legislative Session Review

The Florida Legislature concluded its 2005 General Session on Friday, May 6, 2005. A total of 2,475 bills were introduced, 2,067 of which were general legislative bills. Only 749 bills passed at least one chamber (30.3% of the total bills introduced) and 394 bills passed both chambers (15.9% of the total bills introduced) and either have been or will be considered by Governor Bush for enactment.

The Florida College of Emergency Physicians specifically targeted several areas of legislative efforts in 2005, primarily:

  Medicaid Reform,

  Assignment of Benefits,

  Implementation of Constitutional Amendments 7 & 8,

  Mandatory HIV Testing for Pregnant Women,

  Off-Site Emergency Departments,

  Traffic Violations and Trauma Center Funding,

  High Deductible Insurance Study Group and

  Other Bills of Interest.

High Deductible Insurance Study Group

SB 662 includes provisions relating to two study groups. One of the study groups created under the bill is a 13-member high-deductible-health-insurance plan study group. The Florida College of Emergency Physicians took the lead to assure that the study group includes 2 physician representatives. The study group is charged with reviewing issues related to high-deductible health insurance plans, including, but not limited to, health savings accounts and health reimbursement arrangements. FCEP pushed to add that the study will not only look at hospitals’ ability to collect co-payments and deductibles from these plans, but also the ability of physicians to collect these payments. The study group is also charged with examining the following: the assignment of benefits attestations and contract provisions that nullify the attestations of insured; the standardization of insured or subscriber identification cards; and the standardization of claim edits or ensuring the claim edits comply with nationally recognized editing guidelines. The study group is required to submit its recommendations by January 1, 2006. The bill also includes the following provisions:

  A study commission to address critical issues relating to hospitals serving indigent populations which sustained significant damage to their facilities during the 2004 hurricane season. The study commission is requires to identify: hospitals that are currently not able to comply with the provisions of the Florida Building Code; hospitals that are located within 10 miles of the coastline; and hospitals that are located in a designated flood zone. The study group shall make recommendations for allowing these hospitals to find alternative methods of renovating their existing facility in order to meet the requirements for the Florida Building Code. The commission shall also review existing laws and agency rules (Certificate of Need process) and recommend needed changes to address these issues. The commission is required to submit its recommendations by January 1, 2006. The study commission must also submit a report to the Legislative Budget Commission by December 1, 2005, regarding the types of structural damage caused by hurricanes in 2004 to not-for-profit hospitals’ facilities and the cost of each type of damage suffered by each facility.

  Requires OPPAGA to conduct a study to evaluate whether the State of Florida should join the Nurse Licensure Compact and issue a report by January 1, 2006.

  Requires OPPAGA to issue a report analyzing the impact of hospices on the delivery of care to terminally ill patients. Specifies issues to be addressed by report that must be published by January 1, 2006.