Legislators

Board of Medicine 2009 Legislative Session Highlights

Board of Medicine 2009 Legislative Session Highlights

Below is a summary of bills signed by the Governor following the 2009 Legislative Session that may affect your Florida license. Be sure to go to http://www.leg.state.fl.us/statutes/index.cfm and read more details concerning these new laws.

SB 462 - This bill requires the Department of Health, when funds are available, to develop a comprehensive electronic database system for the purpose of controlled substance prescription drug monitoring. This bill also requires registration of certain clinics that perform pain management. The Board plans to conduct rule workshops in the near future. Be sure to go to the Board of Medicine's web page at: www.FLHealthSource.com to stay abreast of the law and future workshops. This bill was signed by the Governor on June 18, 2009.

SB 720 - This bill requires the Board of Medicine to review entities previously approved by the Board to grant board certification in Dermatology every three years. This bill also lifts the requirement for physicians to co-sign charts written and prepared by physician assistants. In addition, this bill lifts certain limitations on ARNP's and PA's solely performing hair removal with lasers. The Council on Physician Assistants will be meeting in August to repeal rules relating to co-signature of medical records. This bill was signed by the Governor on June 16, 2009.

HB 387 - This bill provides for an increase in the number of medical faculty certificates permitted at institutions. This bill was signed by the Governor on June 1, 2009.

SB 1986 - This bill primarily deals with reducing Medicaid fraud. It also requires the Board to deny licensure or to revoke licensure of an individual, with certain felony health care fraud convictions. The bill also outlines four new disciplinary violations and requires the Department of Health to work with the Agency for Health Care Administration to prosecute physicians who have not remitted amounts owed to the state for overpayments. This bill also exempts sleep related testing facilities from the patient self referral act. This bill was signed by the Governor on June 24, 2009.

SB 2188 - This bill concerns Administrative Procedures. New procedures include a requirement that Boards with electronic agendas place copies of the public agenda materials on their web site at least 7 days prior to the meeting. It also requires the Boards to place a copy of their meeting notices on the web site. This bill was signed by the Governor on June 16, 2009.

As you can see, there are significant changes this year. Also, please understand there are other laws enacted that are not highlighted in this letter. It is important that you take a few minutes to go to the web site listed above and read these new laws as well as any others that might pertain to your specific practice type to ensure you are practicing in compliance and that your patient's continue to receive quality health care.

Where do you find the laws and rules?

Florida Statutes (laws): http://www.leg.state.fl.us/statutes/index.cfm

Florida Administrative Code (Rules): http://www.leg.state.fl.us/statutes/index.cfm

You can subscribe and unsubscribe for a no-cost, automatic e-mail of every new item put on the Board website by going to this web site:

http://flems.doh.state.fl.us/mailman/listinfo/boardofmedicine

Important News Re: Red Flags Rules

Kramer, Green, Zuckerman,

Greene & Buchsbaum, P.A.

COUNSELORS AT LAW

FTC Will Grant Three-Month Delay of Enforcement of ‘Red Flags' Rule Requiring Creditors and Financial Institutions to Adopt Identity Theft Prevention Programs

REPRINTED FROM FTC WEB SITE

The Federal Trade Commission will delay enforcement of the new "Red Flags Rule" until August 1, 2009, to give creditors and financial institutions more time to develop and implement written identity theft prevention programs. For entities that have a low risk of identity theft, such as businesses that know their customers personally, the Commission will soon release a template to help them comply with the law. Today's announcement does not affect other federal agencies' enforcement of the original November 1, 2008 compliance deadline for institutions subject to their oversight.

"Given the ongoing debate about whether Congress wrote this provision too broadly, delaying enforcement of the Red Flags Rule will allow industries and associations to share guidance with their members, provide low-risk entities an opportunity to use the template in developing their programs, and give Congress time to consider the issue further," FTC Chairman Jon Leibowitz said.

The Fair and Accurate Credit Transactions Act of 2003 (FACTA) directed financial regulatory agencies, including the FTC, to promulgate rules requiring "creditors" and "financial institutions" with covered accounts to implement programs to identify, detect, and respond to patterns, practices, or specific activities that could indicate identity theft. FACTA's definition of "creditor" applies to any entity that regularly extends or renews credit - or arranges for others to do so - and includes all entities that regularly permit deferred payments for goods or services. Accepting credit cards as a form of payment does not, by itself, make an entity a creditor. Some examples of creditors are finance companies; automobile dealers that provide or arrange financing; mortgage brokers; utility companies; telecommunications companies; non-profit and government entities that defer payment for goods or services; and businesses that provide services and bill later, including many lawyers, doctors, and other professionals. "Financial institutions" include entities that offer accounts that enable consumers to write checks or make payments to third parties through other means, such as other negotiable instruments or telephone transfers.

During outreach efforts last year, the FTC staff learned that some industries and entities within the agency's jurisdiction were uncertain about their coverage under the Red Flags Rule. During this time, FTC staff developed and published materials to help explain what types of entities are covered, and how they might develop their identity theft prevention programs. Among these materials were an alert on the Rule's requirements, www.ftc.gov/bcp/edu/pubs/business/alerts/alt050.shtm, and a Web site with more resources to help covered entities design and implement identity theft prevention programs, www.ftc.gov/redflagsrule. The compliance template will be available on this Web site.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC's online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,500 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC's Web site provides free information on a variety of consumer topics.

MEDIA CONTACT:

Office of Public Affairs
202-326-2180

Should you wish to discuss anything contained in this article, please feel free to contact me. Also, please feel free to forward this article to your friends, clients and business associates.

Sincerely,

Mitchell F. Green, Esq.
Kramer, Green, Zuckerman, Greene & Buchsbaum, P.A.
4000 Hollywood Blvd.
Suite 485 S
Hollywood, FL 33021

Tel. No. 954-966-2112
Fax No. 954-981-1605

***************************************************************************************************

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

FMA Legislative Update - May 1, 2009

May 2, 2009

Dear Doctors - Below is the legislative update just put out by the FMA. There are so many of you to thank for your hard work in contacting legislators that I hesitate to include names because I know I will leave someone out. You know who you are and you can be proud of your efforts. Please be sure to thank those legislators you spoke with. FMA specifically asked DCMA to focus on our legislators this last week and judging by the votes our efforts worked and we prevailed on the managed care bill and the "vaccine" bill among others. Again, a big round of applause and thank you to all of you. Patricia

May 1, 2009

The policy-setting portion of the 2009 legislative session is over and I have excellent news to report on all fronts. First, the FMA's number one priority issue for session just passed both chambers and now awaits action by the Governor. SB 1122/ HB 855, the FMA's Assignment of Benefits bill, faced fierce and determined opposition. Led by the bill sponsors, Sen. Don Gaetz and Rep. Marcello Llorente, the FMA's legislative team was able to overcome numerous hurdles and pass the bill out of the Senate by a vote of 31-7 and the House by a vote of 102-11. This was a hard-won fight to say the least. We owe a tremendous amount of thanks to Sen. Gaetz and Rep. Llorente for the outstanding job they did. There were also many other legislators whose help was crucial in getting this bill passed. We have been asking you to contact your legislators for support and I am proud to report they came through in a big way. Please take a moment of your time to thank all of them for supporting the FMA on this very important bill.

I have more good news to share. After more than six straight sessions without passing, the FMA was able to shepherd the Prescription Drug Database legislation (SB 462 / HB 897) through the legislature. The bill passed the Senate unanimously and passed out of the House yesterday by a large margin. This bill will go a long way toward curbing the abuse of controlled substance medications and the deaths caused by it. A great deal of thanks goes to the bill sponsors, Sen. Mike Fasano and Rep. Marcello Llorente for ushering this bill through the process. Also instrumental in passing the bill were Rep. Kurt Kelly and Rep. Kelly Skidmore. Please thank them for all that they did to get this FMA priority bill passed.

The FMA was also able to pass legislation that changed the Patient Self-Referral Act of 1992 to allow sleep medicine physicians to conduct sleep testing on patients without having to be physically on the premises at night when the testing is taking place. An unfortunate interpretation of the rules had caused the sleep centers to halt testing and threatened to put these centers out of business. A provision inserted into SB 1986, by Sen. Don Gaetz, will allow these centers to resume operation.

In addition to passing our priority bills, the FMA was able to keep a slew of harmful items from passing.

No scope of practice expansion bills passed; Leelegislation banning mercury from all vaccines did not pass; Legislation loosening vaccine requirements for children did not pass; and A bill allowing therapeutic substitution for medications in nursing homes did not pass.

There were many, many other bills and legislative language that the FMA was instrumental in passing, changing, or stopping. A detailed list of all items of interest will be forthcoming in the next few weeks.

Finally, I would like to thank the county medical societies, the specialty societies, the FMA Alliance, FMA PAC and everyone else that worked so hard to make this session a success. The entire FMA staff, led by our EVP Tim Stapleton, along with our lobbying team Jeff Scott, Esq., Michelle Jacquis, Jennifer Hinson, Esq., Karen Halperin Cyphers, Fred Whitson, Esq. and our outstanding team of contract lobbyists, did a great job in ensuring that the 2009 session was extremely successful.

As always, please contact me or Jeff Scott, Esq., FMA Senior Director of Governmental Affairs if you have any questions about this session.

Sincerely,

Miguel Machado, MD

Council on Legislation Chair

URGENT ACTION NEEDED on SB 1122/HB 855

April 24, 2009

Dear Doctors:

Our priority bill for this session, SB 1122 / HB 855, which would require insurance companies to honor a patient's assignment of benefits, is likely to be up for a vote on the House and Senate floor next week. Urgent action is needed now to gain final passage of the bill. The insurance industry, led by Blue Cross, will be pulling out all stops to kill this legislation.

Please contact your local Senator and Representative today and ask them to vote YES on SB 1122 and YES on HB 855 when it comes up next week.

There may be an effort by the insurance industry to cap physician fees and prohibit balance billing. Please ask the legislator to vote NO on any such amendments.

The support of the County and Specialty Medical Societies and the Alliance is crucial for this bill to pass. We greatly appreciate any assistance you can provide.

Attached is a fact sheet and talking points on this issue. Below is a link to "click on" to reach your legislator. Thanks. Patricia

There are 6 more days left in the 2009 Legislative Session and your Senator and Representative need to hear from you! Please contact your Senator and Representative regarding Senate Bill (SB) 1122 by Senator Gaetz and House Bill (HB) 855 by Representative Llorente. SB 1122/HB 855 could be heard as early as tomorrow (Friday 4/24) on the House and Senate Floor or early next week. This is the FMA's number one priority this Legislative Session and is an important component of Managed Care Reform that was left out of last year's final bill.

SB 1122/HB 855, Assignment of Benefits, require that managed care companies pay the physician directly for care provided rather than send the money directly to the patient. Unfortunately, managed care organizations have increasingly been engaging in the unfair practice of refusing to honor a valid assignment of benefits by their insured patients.

Please contact your Senator and Representative TODAY using the link below and ask them to vote YES on SB 1122/HB 855 on the House and Senate Floor.

Thank you in advance for your help.

Click the link below to log in and send your message:
http://www.votervoice.net/link/target/fma31981248.aspx

The Florida State Senate

THE FLORIDA STATE SENATE

WILSON, Frederica S. (D)
33rd District
District Office:
18425 N.W. 2nd Avenue, Suite 310
Miami Gardens, FL 33169
(305) 654-7150
Fax: (888) 284-8589
Legislative Assistants:
Patricia Lightfoot, Daria Dawson and Shaquita Rahming
Wilson.Frederica.Web@flsenate.gov

RICH, Nan H. (D)
34th District
District Office:
777 Sawgrass Corporate Parkway
Sunrise, FL 33325-6256
(954) 747-7933
Fax: (954) 747-7935
Legislative Assistants:
Erica Ortiz, Kristin Carter and Ellen Navarro
Rich.Nan.Web@flsenate.gov

GELBER, Dan (D)
35th District
District Office:
1920 Meridian Avenue
3rd Floor
Miami Beach, FL 33139-1818
(305) 535-5485
Fax: (305) 535-5487
Legislative Assistants:
Alexis Moseley, Debra Schwartz and Cameron Sisser
Gelber.Dan.Web@flsenate.gov

DIAZ DE LA PORTILLA, Alex (R)
36th District
District Office:
1481 NW 22nd Street
Miami, FL 33142-7741
(305) 643-7200
Fax: (305) 643-7202
Legislative Assistants:
Julio Guillen, Anabel Castillo and Patricia Gosney
Portilla.Alex.Web@flsenate.gov

VILLALOBOS, J. Alex (R)
38th District
District Office:
9766 S.W. 24th Street, Suite 18
Miami, FL 33165
(305) 222-4160
Fax: (305) 222-4162
Legislative Assistants:
Vicky Romaguera-Garcia, Norma Ledesma, Nanea Marcial and Sonia Castro
Villalobos.Alex.Web@flsenate.gov

BULLARD, Larcenia J. (D)
39th District
District Office:
8603 S. Dixie Highway, Suite 304
Miami, FL 33143
(305) 668-7344
Fax: (305) 668-7346
Legislative Assistants:
Merdochey LaFrance, Jennifer Rojo, Ralph McLoud and Jasmin Grant
Bullard.Larcenia.Web@flsenate.gov

GARCIA, Rudy (R)
40th District
District Office:
7475 West Fourth Avenue
Hialeah, FL 33014-4327
(305) 364-3191
Fax: (888) 284-8594
Legislative Assistants:
Susie Martin, David Marin and Ana Pereira
Garcia.Rudy.Web@flsenate.gov

The Florida House of Representatives

Eduardo"Eddy" Gonzalez
District 102
District Office:
10001 NW 87th Avenue
Hialeah Gardens, FL 33016-1901
Phone: (305) 364-3066
Fax: (305) 364-3055
Legislative Assistant:
Manny Cid
District Secretary:
Victoria Llerena
Eddy.Gnzalez@myfloridahouse.gov

Oscar Braynon II
District 103
District Office:
Suite 204
610 NW 183rd Street
Miami Gardens, FL 33169-4472
Phone: (305) 654-7100
Fax: (305) 654-7102
Legislative Assistant:
Oneca Lowery
District Secretary:
Grady Wright
Oscar.Braynon@myfloridahouse.gov

Yolly Roberson
District 104
District Office:
633 NE 167th Street
Suite 600
North Miami Beach, FL 33162-2444
Phone: (305) 650-0022
Fax: (305) 650-0024
Legislative Assistant:
Pascale Pun
Yolly.Roberson@myfloridahouse.gov

Richard L. Steinberg
District 106
District Office:
767 Arthur Godfrey Road
Miami Beach, FL 33140-3413
Phone: (305) 535-5445
Fax: (305) 535-5447
Legislative Assistant:
Marlene Taylor
Richard.Steinberg@myfloridahouse.gov

Luis R. Garcia, Jr.
District 107
District Office:
1225 SW 8th Street
Miami, FL 33135-4003
Phone: (305) 325-2501
Fax: (305) 325-2503
Legislative Assistant:
Matthew Monica
District Secretary:
Domingo Ginory
Luis.Garcia@myfloridahouse.gov

Ronald A. Brisé
District 108
District Office:
Suite 107
915 N.E. 125th Street
North Miami, FL 33161-5722
Phone: (305) 623-3600
Fax: (305) 623-3602
Legislative Assistant:
Pamela Paultre and McKenzie Fleurimond
Ronald.Brise@myfloridahouse.gov

James Bush III
District 109
District Office:
Regions Bank Building, Suite 309
3550 Biscayne Boulevard
Miami, FL 33137-3853
Phone: (305) 571-2100
Fax: (305) 571-2102
Legislative Assistant:
Carolyn McTier
District Secretary:
Shelli Harrison
James.Bush@myfloridahouse.gov

Esteban L. Bovo, Jr.
District 110
District Office:
3794 W 12th Avenue
Hialeah, FL 33012-4126
Legislative Assistant:
Gisette Bolt
District Secretary:

Anamary Pedrosa

Esteban.Bovo@myfloridahouse.gov

Erik Fresen
District 111
District Office:
6255 Bird Road
Miami, FL 33155-4883
Phone: (305) 663-2011
Fax: (305) 663-2013
Legislative Assistant:
Jorge Barroso
District Secretary:
Alicia Araya

erik.fresen@myfloridahouse.gov

District 112
District Office:
Suite P, 2nd Floor
1460 NW 107th Avenue
Miami, FL 33172
Phone: (305) 227-7630
Fax: (305) 227-7632
Legislative Assistants:
Maria Armenteros
Alina Garcia and john Norman
David.Rivera@myfloridahouse.gov

David Rivera

Carlos Lopez-Cantera
District 113
District Office:
Suite 111
2300 Coral Way
Miami, FL 33145-3511
Phone: (305) 442-6877
Fax: (305) 442-6879
Legislative Assistant:
Joseph Ruiz
District Secretary:
Lourdes Contreras
Carlos.Lopez-Cantera@myfloridahouse.gov

Anitere Flores
District 114
District Office:
Suite 205 C
1405 SW 107th Avenue
Miami, FL 33174-2523
Phone: (305) 227-7626
Fax: (305) 227-7629
Legislative Assistant:
Maria Chamorro
District Secretary:
Jennifer Gaviria
Anitere.Flores@myfloridahouse.gov

Juan-Carlos "J.C." Planas
District 115
District Office:
Suite 280
8532 SW 8th Street
Miami, FL 33144-4054
Phone: (305) 442-6800
Fax: (305) 442-6802
Legislative Assistant:
Betsy Mesa and Paige Lapointe
JC.Planas@myfloridahouse.gov

Marcelo Llorente
District 116
District Office:
Suite 201
13701 SW 88th Street
Miami, FL 33186-1309
Phone: (305) 273-3200
Fax: (305) 273-3202
Legislative Assistant:
Michael Cantens and Daniella Bacigalupo
Marcelo.Llorente@myfloridahouse.gov

Julio Robaina
District 117
District Office:
Suite 2E
6262 SW 40th Street
Miami, FL 33155
Phone: (305) 442-6868
Fax: (305) 442-6870
Legislative Assistant:
Grethel Aguiar
Julio.Robaina@myfloridahouse.gov

Dwight Bullard
District 118
District Office:
Suite 214
16201 SW 95 Avenue
Miami, FL 33157-3459
Phone: (305) 234-2208
Fax: (305) 234-2210
Legislative Assistant:
Mario Bailey
District Secretary:

Venusmia Fernandez-Lovely
Dwight.Bullard@myfloridahouse.gov

Juan C. Zapata
District 119
District Office:
Suite 150
13550 SW 88th Street
Miami, FL 33186-1541
Phone: (305) 273-3288
Fax: (305) 273-3290
Legislative Assistant:
Thais Asper
District Secretary:
Maria Lombard
Juan.Zapata@myfloridahouse.gov