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Children Fare
Better After Budget
Talks
Faced with more than $1 billion in
proposed cuts to Health and Human Services programs at
the start of session, child advocates were bolstered
this week by news that some children's programs would be
spared deeper cuts. Cuts to Healthy Start, Children's
Medical Services, and Independent Living were fully
restored. Another bright spot was child protection after
the House and Senate found money to avoid cutting 71
child protective services staff positions within the
Department of Children and Families.
Other programs saw some restoration in
funds, including Healthy Families and Juvenile
Assessment Centers. While Community Based Care did show
some improvement in funding, the House and Senate did
not reach agreement on the numbers so the issue was
"bumped up" to budget chairs Rep. Ray Sansom and Sen.
Lisa Carlton. Adoption Maintenance Subsidies also made
the "bump" list..
Additionally, despite a sizeable cut to
School Readiness, the Agency for Workforce Innovation is
projecting that the cuts should be manageable through
attrition, and they hope children will not be
disenrolled.
|
ISSUE |
SENATE |
HOUSE |
COMMENT |
|
School
Readiness |
-$11.6
M |
-$11.6
M |
|
|
Healthy
Start |
$0 |
$0 |
Fully
restored |
|
Healthy
Families |
-$2.2
M |
-$2.2
M |
|
|
Early
Steps |
-$0.2
M |
-$0.2
M |
|
|
Children's
Medical Services |
$0 |
$0 |
Fully
restored |
|
Community
Based Care |
-$15.9
M |
-$15.9
M |
Bumped
to budget chairs |
|
Child
Protection Investigation |
-$4.2
M |
-$4.2
M |
|
|
Independent
Living |
$0 |
$0 |
Fully
restored |
|
JACS
(high volume and low volume) |
-$0.39
M |
-$0.39
M |
Cut
will be spread across all of the assessment
centers. |
|
CINS/FINS |
-$1.8
M |
-$1.8
M |
|
|
Gender
Specific |
-$.2
M |
-$.2
M |
| |
|
Taxation and Budget Reform Commission Puts Tax
Swap on the Ballot,
Adjourns
The Taxation and Budget Reform Commission
(TBRC) completed its work on Friday with the passage of
eight constitutional proposals that will go before
Florida voters in November. In addition, the Commission
approved eight statutory recommendations that were
transmitted to the legislature over the past few
months.
The TBRC's flagship measure, known as the
"tax swap," passed 19-7, just a one-vote margin. If
approved by 60 percent of Florida voters in November,
the required local effort (RLE) property tax for schools
will be repealed, resulting in an average taxpayer
savings of 25 percent statewide. To make up for the $9.5
billion loss of revenue for schools, the legislature
is authorized to increase sales tax up to 1 cent, is
required to review sales tax exemptions, required to
enact additional revenue sources, and must consider
budget reductions. CP 02 also sets a 5 percent cap on increases to
assessed value of non-homestead property value, which is
now capped at 10 percent by statute.
Business groups already are threatening a
legal challenge to the proposal. If passed, the tax swap
would not take effect until 2010. Another issue
watched closely by many groups, the Taxpayer Bill of
Rights, did not garner enough votes to go to the
ballot.
The Commission used its final day to
reconsider and pass a constitutional proposal that would
reverse a state Supreme Court ruling on school vouchers,
a signature issue for former Governor Bush. The TBRC
also approved a measure that would require schools to
spend no less than 65 percent of its funding in the
classroom. The two measures were combined into one
ballot item.
After nearly a year of meetings, hours and
hours of public testimony, and the deliberation of very
controversial issues, the 25-member Taxation and Budget
Reform Commission adjourned. The next TBRC will convene
in 20
years. |
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CHILDREN'S
HEALTH
KidCare
While it is
doubtful if any of the original KidCare bills will be
heard by the full House or Senate, there still may be
some opportunity to include the streamlining issues in
an alternate health care vehicle this session. Funding
for KidCare is identical between the House and Senate;
however the House version includes expanding coverage
for services to the developmentally disabled. The issue
has been "bumped up" to fiscal chairs Rep. Ray Sansom
and Sen. Lisa Carlton.
The House
restored the reduction in funds to Healthy Kids related
to a rate freeze with capitated managed care plans
($15.5 million). The House and Senate agree on the
increase in funds for projected enrollment, but disagree
on the policies behind that enrollment. ($28.7 million).
Also, the Senate is maintaining its $1.5 million cut in
administration for Healthy Kids. The Conference Chairs
met publicly for the first time today at 4pm. FCSC will
continue to monitor this issue closely.
Amendments
for KidCare should include:
- A seamless
transition between Medicaid XIX into Title XXI
programs preventing thousands of children from losing
coverage monthly and increasing the enrollment into
other KidCare programs.
- Reduce the
loss of coverage for late premium payments from 60
days to 30 days.
- Reduce the
wait period of six months for families who voluntarily
cancel insurance to 90 days with "good cause"
exceptions to the 90-day wait period.
- Electronic
verification of income for
enrollment.
TAKE ACTION: Call House Speaker Rubio and Senate
President Pruitt and let them know how important these
issues are to the success of the program. Remind
legislators they have allocated the funding to
accomplish changes that will increase enrollment in
KidCare. Therefore, please let them know that retaining
the additional KidCare slots in the budget is vital.
Autism
The Senate passed SB 2654
by Sen. Steve Geller
(D-Broward) and sent it to
the House with a new name, the "Steven A. Geller Autism
Coverage Act," in recognition of his final session
in the Senate. Sen. Geller's proposal only includes a
private-insurance mandate for autism and no other
disability. It affects large group insurers and the
state group health insurance plan. He is concerned that
covering developmental disabilities in KidCare could
raise the cost of premiums and "break the bank." Next
year's proposed budget includes an extra $36.4 million
for KidCare enrollment, enough for 38,000 additional
slots.
The House
(HCC 27) is
taking a much broader approach, which includes
specifically for Healthy Kids:
- Adding
coverage for habilitative services and Applied
Behavioral Services to the Healthy Kids benefit
package with an annual cap on services ($36,000) and a
lifetime cap ($108,000).
- Removing
the 10 percent cap on full pay enrollment.
- Transitioning
Medikids enrollees to the HK program by ending
enrollment in Medikids to new applicants and allowing
Medikids to either age out to HK or opt in to HK at
their renewal date.
Florida
Healthy Kids' concerns have been that with the funding
being proposed for next fiscal year, the cost impact of
adding this benefit would require all of the new funding
proposed for projected growth, as well as the funds that
had been cut for a rate freeze just to add the benefit
to existing enrollment.
Given the difference in
approaches between the House and Senate, it is expected
that the House and Senate will be working toward a
compromise over the weekend so the Legislature can act
before session is scheduled to end Friday, May
2.
Medicaid
HB 5085 by Rep. Ray Sansom (R-Okaloosa) and
the Policy and Budget Council is still in the budget
conference process. Among several other provisions, the
bill provides for the expansion of the Medicaid managed
care pilot program in 2010 to Hardee, Highlands,
Hillsborough, Manatee, Miami-Dade, Monroe, Pasco,
Pinellas and Polk counties. There is no companion
bill in Senate.
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EARLY CHILDHOOD
EDUCATION & CARE
Early
Learning
HB 879 by
Rep. Kurt Kelly (R-Marion) was added to the Special
Order Calendar to be heard on the House floor today.
Cited as the "Success in Early Learning Act," the bill
moves Child Care Resource and Referral and the Child
Care Executive Partnership to the Agency for Workforce
Innovation, and would allow Early Learning Coalitions to
conduct business by
phone. |
|
Juvenile
Justice
SB 700 by
Sen. Victor Crist (R-Hillsborough) was placed on Special
Order Calendar today. The bill includes substantive
legislation advancing the recommendations of the
Blueprint Commission. A similar House version, HB 7087 by
Rep. Mitch Needleman (R-Brevard), was passed on the
House floor and sent to the Senate where it was referred
to appropriations committees.
SB 792 by
Sen. Carey Baker (R-Lake) is in Criminal & Civil
Justice Appropriations. The bill permits a court to
retain jurisdiction over a child and the child's parent
or legal guardian whom the court has ordered to pay
costs, fees, and costs associated with court-appointed
counsel until such costs and fees are satisfied. It
permits a child to be taken into custody for violations
of preadjudicatory conditions, and authorizes the
circuit court to set reasonable conditions of
preadjudicatory release. HB 273 by
Rep. Sandy Adams (R-Seminole) passed the House and was
sent to the
Senate. |
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INDEPENDENT
LIVING/FOSTER CARE
Foster
Care
SB 2762 by
Sen. Paula Dockery (R-Polk) was approved unanimously in
Governmental Operations and is now on 2nd
reading. The bill addresses confidential records of
children under the supervision or in the custody of the
Department of Children and Families, and access to those
records. It requires that the department release
information in a manner and setting that is appropriate
to the child's age and maturity and the nature of the
information.
HB 769 by
Rep. Kurt Kelly (R-Marion) passed on the House floor and
has been sent to the Senate. The bill provides
conditions for court appointment of a surrogate parent
for educational decision-making for a child who has a
disability and provides access to free public education
for certain children in foster care.
HB 663 by
Rep. Dean Cannon (R-Orange) has passed both House and
Senate chambers. It must now be certified by the
officers and sent to the Governor for
signature. |
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OTHER
ISSUES
Children's
Zones
HB
3 by Rep. Dorothy
Bendross-Mindingall (D-Miami-Dade)/ Sen. Larcenia
Bullard (D-Monroe) and the Healthcare Council passed
unanimously on both the House and Senate floors. The
bill provides for
counties and cities to designate certain areas as
children's zones, and specifies pilot projects. Both
House and Senate appropriation committees have allocated
funding for the initiative; however they have not
reached final agreement on the dollar amount ($4.6 M
House, $3.6 M Senate). The effective date is July 1,
2008.
SB 668 by
Sen. Bill Posey (R-Brevard) and Criminal Justice is in
Transportation & Economic Development
Appropriations. It provides for specified
child-restraint requirements for children ages 4 through
7.
Property
Tax
In an
attempt to pass additional property tax reform measures
this session, House members approved a series of
property tax bills and sent them the Senate. However,
the Senate maintains it has no interest in further
reform so that other measures, such as Amendment 1 and
last year's "roll back" bill, have time to work. Below
are a few of the property tax bills passed by the full
House this week:
- HJR 949
by Carlos Lopez-Cantera (R-Miami-Dade) was sent to the
Senate on Wednesday. It asks voters to amend the state
Constitution so that all real property (residential,
commercial, rental) will not be taxed higher than 1.35
percent of the highest taxable value.
- HJR 7005
by Policy & Budget Council, Government Efficiency
& Accountability Council, and Rep. Frank Attkisson
(R-Osceola) was sent to the Senate. It is a
Constitutional amendment that removes the property
appraiser's presumption of correctness in any
challenge brought by a taxpayer. It requires the
property appraiser to prove by preponderance of
evidence that the assessment does not exceed the
property's just value.
- HJR 7125
by the Policy & Budget Council, Government
Efficiency & Accountability Council and Rep. Frank
Attkisson (R-Osceola) was sent to the Senate
Wednesday. The resolution is a proposed Constitutional
amendment that provides a
revenue limitation for counties, municipalities,
school districts, and special districts.
- HB 51 by
Rep. Seth McKeel (R-Polk) was sent to the Senate on
Wednesday. It requires tax collectors to accept
payments of portions of amounts billed in tax
notices.
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Senate Fast-Tracks Medicaid Bill That
Would Delay New Rules
Senate Majority Leader Harry Reid (D-Nev.)
on Thursday granted fast-track status to legislation
(HR 5613) that would block for one year seven new
Medicaid regulations, the Wall Street
Journal reports. The legislation would delay
implementation of the regulations until April 1, 2009.
Under the regulations, states could not use federal
Medicaid funds to help pay for physician training. The
regulations also would place new limits on Medicaid
reimbursements to hospitals and nursing homes operated
by state and local governments and limit coverage of
rehabilitation services for individuals with
disabilities and mental illnesses. In addition, the bill
would provide $25 million annually for efforts to fight
Medicaid fraud.
The bill will bypass the Senate
Finance Committee and head straight to the Senate floor
as early as next week. The bill passed the House on
Wednesday with more than a veto-proof majority. However,
some Senate Republicans are reported to be preparing for
a fight by circulating a letter to Minority Leader Mitch
McConnell (Ky.) to reject the bill. Meanwhile, House
Democratic leaders also could include language to block
the Medicaid regulations in a tentative second economic
stimulus package, according to AP/Philadelphia
Inquirer reports.
CMS Defends Rules
At a
meeting of the National Conference of State Legislatures
on Thursday, CMS Acting Administrator Kerry Weems
defended the new regulations, but said that the
administration would be willing to discuss them with
lawmakers, CongressDaily
reports. Weems also said agency officials are urging
senators to vote against the House bill. According to
sources on Capitol Hill, the administration would be
willing to negotiate the rules on graduate medical
education and "intergovernmental transfer" payments,
which are "extremely sensitive politically because they
in part have funded safety-net programs for poor
patients," CQ
HealthBeatreports. Weems declined to
discuss which regulations the administration would
consider changing. A congressional aide said that, if
the House bill lacks enough support in the Senate to
make it veto-proof, the administration will push for the
limited moratorium strategy.
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In Other News
Goodbye and Thanks to a True
Children's Champion
Rep. Loranne Ausley (D-Leon)
will spend her last days on the House floor doing what she has
done for the past eight years -- eloquently and passionately
working for her constituents and for the children and youth of
the state. Everyone who cares about human services,
particularly children's services, feels a tremendous debt of
gratitude to our friend and standard bearer in the House. Rep.
Ausley has garnered the respect and admiration of her peers on
both sides of the aisle because of her intelligence and
respectful manner. She has been a very effective advocate and
will be missed.
A big thank you is also owed
to Rep. Ausley's legislative staff members, Leisa Wiseman and
Alfredo Cruz, who take a true team approach in working with
advocates. Happily, Rep. Ausley's frequent partner in the
Senate, Sen. Nan Rich (D-Broward) will continue to serve. A
word of thanks and high praise is due to her as well for her
fierce effort to restore funding for the heartbreaking budget
cuts that were imminent. Sen. Rich offers an incredibly strong
voice for children and families in all that she does in the
Florida Senate. Thanks to her and her staff, Ellen Navarro,
Erica Ortiz, and Danielle Coin.
TBRC Thank
You
While all of the commissioners
were faithful in their service and invested enormous time in
the process, Commissioner Martha Barnett of Tallahassee
deserves special mention. She stood up for children's services
councils in FCSC's efforts to shield local children's programs
from budget cuts through TABOR, which seemed all but certain
just weeks ago. In the deliberation on TABOR and the special
districts proposals, she strongly defended the important work
of the CSCs and the need to put children
first.
Additionally, Comm. Barnett's
articulate and measured style was a visible asset to the
process. Her
understanding of the constitution and commitment to the
principles by which this country governs itself were a source
of pride to many. She now returns to a more normal pace in her
practice in the Tallahassee office of Holland and Knight. We
thank her for her service to Florida and for her vigilance
during this very critical process.
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Connection is also available online at the FCSC
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