Legislative Updates from previous years

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Update 6/7/07

Spread the word about Congressman Allen Boyd (Boyd for Congress).  Since PlastiPac can not make a contribution, please spread the word to other plastic surgeons about making personal contributions to his campaign.  This is the only way that we can have a presence in this race.

 
Congessman Boyd is the most pro-medicine Democrat in Congress and has always had an open door to us.  Only  personal (i.e., not PA) checks can be accepted, and PlastiPac cannot contribute legally to federal campaigns.  Chris Nuland will hand deliver all of our contributions to the Congressman.  Please send your personal contributions directly to:
 
    Christopher L. Nuland
    1000 Riverside Ave., Ste 115
    Jacksonille, FL 32204

 

Update May 4. 

In retrospect, the 2007 Legislative Session will best be remembered for what did NOT happen.  No cosmetic tax was passed despite the revenue shortfall,, insurance companies did not eliminate a physician’s right to seek damages under the Prompt Pay law, and the Fabre doctrine allowing defendants to apportion damages to non-parties was not overturned.  Even more importantly, efforts to gut the TIME Bill and last year's recognition of board certified plastci surgeons were quashed. The defeat of each of these proposals was critical to the FSPS' members, and our legislative staff worked hard to preserve the status quo on these issues.  On a negative note,  legislators did not increase Medicaid physician reimbursement, nor did they renew PIP, and an effort to secure facility fees for certified office surgery units was unsuccessful. We look forward to advocating these issues again next year.

 

Notwithstanding the paucity of bills actually passed, a few notable pieces of legislation are now awaiting Governor Crist’s signature.  For instance, fiscal intermediaries will now be subject to Florida’s Prompt Pay law.

 

The combination of a new Governor, new legislators, and an unanticipated revenue shortfall made 2007 a challenging year, but some promising signs have emerged.  Relationships were forged with several legislators who are committed to our cause,  Armed with those relationships and the renewed commitment of its membership, the FSPS  is poised to do great things in 2008.

 

Update April 27.
 SB 920 (Cosmetology) just passed out of the Senate without language that would have authorized cosmetologists to expand their scope of practice to include lasers.
 
Score one for the good guys.

 

 
Update April 20.
 This week saw action on some of our most significant bills, leaving much work to be done in the remaining few weeks.
 
On Monday the Senate Judiciary Committee passed both the Pharmacist Immunization and Fabre bills by identical 6-5 votes, with Chairman Villalobos casting the deciding vote on each issue.  The first bill was amended to provide for extra physician supervision, which evidently was just enough to make it palatable to the six members who voted for it, allowing the bill to proceed to the Senate floor.  On the Fabre bill, the Committee decided that it was more important to ensure that a plaintiff received his or her full damages than it was to ensure that a defendant's liability only matched their culpability.  Despite the setbacks, we will continue our efforts to defeat these bad bills.
 
Fortunately, other news was very good.  A bill aimed at making cranio-facial repairs a mandatory insurance benefit unexpectedly passed the Senate Health and Human Services Appropriations Committee and is now headed to the Senate floor.  The Florida Health Information Network bill that we expected not to pass until next year cleared the House floor unanimously on Wednesday, while its Senate companion passed the Government Operations Committee and now heads to its last committee stop, the Health and Human Services Appropriations Committee.  Likewise, a bill designed to allow physicians and patients to review a patient's prescription history passed the House Health Council, while its Senate companion also passed the Government Operations Committee and now awaits action in the Health and Human Services Appropriations Committee.
 
With all House committees having ended meetings, we may rest assured that the most significant threats to plastic surgery (i.e., further office surgery regulation and a cosmetic surgery tax) no longer pose a realistic threat of passing this Session.
 
Only two weeks remain in the Session, so stay tuned for more frequent updates in the final, frantic days that are to follow.

 
 

Updated 4/13/07
 Despite movement on several significant bills supported by Chapter, this week in the Legislature will be remembered more for what did not happen.

 
The Senate Judiciary Committee on Tuesday promised to be a donnybrook, as the Trial Bar and Medicine prepared to square off on the bill to eliminate the Fabre Doctrine and Medicine was attempting to beat back an attempt by pharmacists to gain the right to provide immunizations.  However, both issues were tabled when the debate on whether to allow employees to bring guns to work exhausted all available time.  The issues are now scheduled for a hearing next Tuesday in the same committee.
 
Several positive bills did advance.  HB 1121, which would establish a Florida Health Information Network, advanced to Third Reading in the House, while a Senate compromise on SB 2348 passed the Health Regulation Committee and brought the Senate version closer to that of the House.  Meanwhile, SB 518, which would establish a prescription database, passed the Senate Criminal Justice Committee and now heads to the Health Appropriations Committee; the House companion should be considered Tuesday in the House Health Council.
 
With next week being the final week for committees and councils to meet, the Legislative session truly has entered into its final, frenzied push.  Stay tuned for frequent updates on our most important issues.
 
In other news, the amended Office Surgery Rule that would require all office surgeons to document training comparable to residency or board certification for every procedure they perform, will become effective April 18.  This is a major win for the FSPS, as it again raises the required level of competence for office surgeons.

 


Updated 3/30/07
 

With the Session’s halfway point looming, the Florida House and Senate this week picked up the legislative pace by addressing a myriad of bills impacting the Society and its members.

 

In Tuesday’s action, the House Health Innovation Committee indefinitely tabled a bill (HB 1513) that would require all health care providers to give uninsured patients the benefit of their negotiated insurance discounts (a similar proposal met the same fate last week in the Senate).  Likewise, the Senate Judiciary Committee, faced with vehement opposition from Medicine and its business allies, declined to consider a repeal of the Fabre doctrine (SB 1958). Unless that committee takes the highly unusual step of reconsidering the bill, physician defendants will continue to be liable only to the extent of their culpability.

 

Meeting later in the day, the House Health Care Council passed bills establishing a Florida Health Information Network (HB 1121) and creating a State Surgeon General whose duties will now include promotion of public health initiatives.  Although the Council did not take up the controversial Pharmacist Immunization Bill (HB 543), our sources have indicated that the Council likely will hear that bill the week of April 9.

 

The highly anticipated war on PIP saw its first battle this week, as the Senate Banking and Insurance Committee passed an amended SB 1880 that would renew the mandate of PIP coverage but limit physician reimbursement to 200% of the Medicare fee schedule.

 

Updated 3/30/07

The Fabre Bill (SB 1558) was temporarily postponed when sponsors realized they did not have the votes to pass it out of the senate Judiciary Committee.  We publicly opposed it, and special thanks to Mutaz Habal, M.D. for appearing to testify against this bad bill.
 
This bill was only postponed and may well come up again.  Keep an eye out for more opportunities to voice our opposition.

Updated 3/26/07
On Tuesday the Senate Judiciary Committee will consider SB 1558. This is our #1 KILL Bill this session.   This bill would require all damages to be attributed to the named defendants, even if a more culpable party was not named.  The bill would therefore make insured parties more attractive targets than uninsured parties, require defendants to bring in all potential parties regardless of culpability (thereby increasing the number of defendants and the overall cost of litigation), and allow potentially liable parties to escape their fair share of the liability.  This bill would return the inequity of joint and several liability, as a party would be assessed damages not on their culpability.
 
The reforms of the past few years are finally stabilizing rates.  Now is not the time to undo these reforms. 
 
Please contact your senator today to ask that he or she vote NO on this bad bill.  Below is a sample email message for you to send to the addresses listed below it.
 
Sample Message to Senator:  Please Vote No on SB 1558
 
Please vote "No" on SB 1558 on Tuesday in the Judiciary Committee.  This bill would needlessly increase the number of defendants, apportion damages unfairly, and lead to higher litigation costs and insurance premiums.  The reforms of the past few years are finally stabilizing rates.  Now is not the time to undo these reforms. 
 
Here are the email addresses of the Senators.  Intentionally omitted are those whose opposition to our side is unfortunately guaranteed:
 

 

Updated 9/8/06

The primaries have resulted in a number of wins for the candidates that PlastiPac has supported.  The following is an update on the primary election results:

Candidate Race Outcome
Charlie Crist Governor Won - Now in General Election
Burt Saunders Attorney General Withdrew, retaining Senate seat
Anna "Holly" Benson House of Representatives Won - Now in General Election
Dean Cannon House of Representatives Won - Now in General Election
Don Gaetz House of Representatives Elected - No Opposition
Bill Galvano House of Representatives Elected - No Opposition
Gayle Harrell House of Representatives Won - Now in General Election
D. Alan Hays House of Representatives Elected - No Opposition
Ed Homan, M.D. House of Representatives Won - Now in General Election
Ross Johnson House of Representatives Lost to his opponent
Paige Kreegel House of Representatives Elected - No Opposition
Stan Mayfield House of Representatives Elected - No Opposition
Arthur Palamara, M.D. House of Representatives Lost to Elaine Schwartz
Kim Berfield Senate Won - Now in General Election
Mike Haridopolos Senate Elected - No Opposition
Durrell Paeden Jr., M.D. Senate Elected - No Opposition
Ken Pruitt Senate Won - Now in General Election
Stacy Ritter Senate Withdrew to run for County Comm. and won
J. Alex Villalobos Senate Elected - No Opposition
Irv Slosberg Senate Lost to Ted Deutsch
     
Eleanor Sobel Senate 2008  
Mike Bennett Senate 2008 (Re-election)  
Mike Fasano Senate 2008 (Re-election)  

Other Legislative Updates:

The TIME Bill (HB 587) took effect on 7/1/06.

Supervision Bill ("MediSpa" Bill - HB 699) was signed into law by Governor Bush on 6/20/06.  A number of changes were made to the CME requirements for Florida licensed doctors under HB 699 as well.  A summary of the requirements effective 7/1/06 may be found on the Members Only section of the FSPS website.

HB 565 died before ever being taken up in the committees of reference in the House and Senate. This bill would have eliminated a physician's ability to "go bare" and self insure while also increasing minimum amounts of professional liability insurance coverage.

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Updated 6/15/06
 Before we could even get this posted, the TIME was signed by the Governor. The wait continues on HB 699:  The TIME Bill (HB 587) and Supervision Bill ("MediSpa" Bill - 699) have reached the Governors desk.  He now has 15 days to approve or veto the bills before they go into effect by default. 

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 Updated 6/13/06
 TIME Bill Passed! -- We succeeded this year in finally passing the TIME Bill. The bill simply would not have passed without the tremendous efforts of Representatives Bill Galvano, cosponsors Eleanor Sobel and Dr. Ed Homan, House Health Committee Chair Gayle Harrell, and Senate Health Chair Durrell Peaden, M.D.  All were the recipients of PlastiPAC support and contributions during the past biennium.

The "MediSpa" Bill Passed! -- As you may have heard, HB 699 (the "MediSpa" bill), which has passed both the House and Senate, will require all ARNPs and PAs performing primarily skin care services in a satellite facility to be supervised by a board certified plastic surgeon or dermatologist. Among the sponsors and cosponsors of this bill were Senator Peaden and Representatives Homan and Sobel.

 

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