House panel reviews Ron DeSantis’ sweeping pandemic regulatory changes

Beginning last March, Gov. Ron DeSantis‘ administration made a lot of moves via executive order as COVID-19 drove drastic changes.

On Wednesday, the House Pandemics and Public Emergencies Committee reviewed them, hearing dense PowerPoint presentations with brief time for questions in between.

Chairman Tom Leek framed the presentation as one allowing the committee to discern “what works” and “what makes sense,” and representatives of state agencies outlined a path that was unpredictable just 12 months prior.

The Agency for Health Care Administration’s Molly McKinstry, Deputy Secretary for Health Quality Assurance, spoke to changes in guidance from the Centers for Disease Control and Prevention that evolved as understanding of COVID-19 grew.

McKinstry spoke to the unique pressures on “long-term care” patients living in “congregant settings,” recounting the state’s mitigation efforts in that sphere.

Beth Kidder, Deputy Secretary for Medicaid, described a “need for flexibilities” in her space, ensuring that people “could get all the services they need despite the problems created by the pandemic.”

Telemedicine saw the most drastic changes, with payment parity helping drive adoption among health care providers.

“All of a sudden everybody’s interested in telemedicine,” Kidder said, noting that audio-only consultations allowed people without good data plans or broadband to get the care they needed.

“There’s some really good stories coming out about the effectiveness of it,” she added, including in the addiction and mental health treatment areas.

Allowing people in the home to serve as caregivers, including live-in caregivers, offered more flexibility.

Kidder noted pressures on patient transport, with increased cleaning and personal protective equipment use justifying increased reimbursement to providers.

That wasn’t the only cost uptick. The federal CARES Act, she noted, increased Medicaid rolls with “very few exceptions.”

“Obviously, if they move out of state or pass away, they’re eliminated from the rolls,” Kidder added.

Department of Health Director of Medical Quality Assurance Cassandra Pasley noted “recurring themes,” including increasing access to care, contact tracing, and “removing regulatory barriers for licensees and patients.”

From pharmacists giving COVID-19 tests to using mannequins for dental exam training, the state adapted in ways not entirely foreseeable a year before. Among the changes: allowing continuing education for a raft of specialties to be conducted online or to practice via telehealth.

Rep. Carlos Smith wondered about future states of emergency and the Legislature’s role.

“I’m just curious what the declared state of emergency does to take away power from other agencies and parts of government,” the Orlando Democrat said.

Pasley pointed to state statute and said she would take the question back to her legal team.

Thomas Philpot of the Department of Business and Professional Regulation spoke to his agency’s moves amid the COVID-19 crisis.

That included alcohol sales, which were a “topic that had quite a bit of traffic” with some “enforcement issues” during the pandemic summer of 2020.

For a time, the Governor had banned drinking on premises at bars, though restaurants could still serve at tables.

Smith got a question in also, wondering if “in normal times” the Governor could suspend business in bars without offering compensatory relief.

Philpot pointed to statute, saying it conferred authority generally, and he offered to “consult with counsel” before going deeper.