Staff Reports
Sixty Days — A prime-time look at the 2021 Legislative Session:
The Last 24
The Senate Judiciary Committee advanced a bill Tuesday that would make some significant changes to the state’s property insurance laws. SB 76, sponsored by Sen. Jim Boyd, takes aim at attorney fee multipliers, which can allow trial lawyers to collect large sums if they prevail in insurance lawsuits. The bill would also allow insurers to offer policies that cover the depreciated value — rather than the replacement cost — of roofs. Both provisions were hotly debated, but the bill made it through the panel on a party-line vote. It now heads to the Rules Committee. Here’s your nightly rundown.
Puff, puff, passed. Rep. Spencer Roach THC cap proposal (HB 1455) survived Democrats’ efforts to blunt it as it blazed through the Professions and Public Health subcommittee.
China connection. Rep. Mike Beltran’s bill (HB 1523) to crack down on corporate espionage — especially by foreign governments — passed the House Criminal Justice and Public Safety Subcommittee 18-0.
Pickup or delivery? Sen. Jennifer Bradley’s bill (SB 148) keeps drinks-to-go flowing post-pandemic is heading to its final stop after a unanimous vote in the Senate Commerce and Tourism Committee.
Dim future. Sen. Dennis Baxley’s bill (SB 86) to direct Bright Futures payments toward high-demand degrees — and away from liberal arts ones — was temporarily postponed ahead of its first hearing.
Age bump. The Senate Regulated Industries Committee advanced Sen. Travis Hutson’s bill (SB 1080) to raise the smoking age from 18 to 21.
Raise the bar. A resolution (SJR 1238) by Sen. Ana Maria Rodriguez to raise the threshold for ballot amendments from 60% to two-thirds cleared its first committee.
Resume booster. Sen. Danny Burgess’ bill (SB 922) to allow government employers to waive education requirements for certain veteran job applicants was approved in its first committee.
Aerial support. Sen. Manny Diaz’s proposal (SB 518) to let state agencies and local governments use drones for post-disaster damage assessments flew through its first committee.
God & guns. Sen. Joe Gruters’ bill (SB 498) to allow churches to allow guns in churches, even when there’s a school on the property, shot forward in the Senate.
Baby boxes. The House Health and Human Services Committee advanced a bill (HB 133) that would allow unwanted infants to be ditched in “baby boxes.”
Coronavirus Numbers
Positive cases:
— 1,916,774 FL residents (+4,334 since Monday)
— 35,959 Non-FL residents (+92 since Monday)
Origin:
— 15,165 Travel related
— 745,310 Contact with a confirmed case
— 20,727 Both
— 1,135,572 Under investigation
Hospitalizations:
— 81,331 in FL
Deaths:
— 33,073 in FL
Vaccinations:
— 5,606,473 Doses administered
— 3,658,030 Total people vaccinated
— 1,692,090 First dose
— 17,497 Completed one-dose series (+4,622 since Monday)
— 1,948,443 Completed two-dose series (+1,828 since Monday)
Quote of the Day
“Doctors and patients are taking advantage of our medical program to do two things: Get rich and get high. Period.” — Rep. Spencer Roach, presenting his bill to cap THC in medical cannabis.
Your Metz Husband Daughton-sponsored question of the day is: What are the four historically Black colleges/universities in Florida? (Must name all 4.)
As always, click here to tweet your answer with cc: @MHDFirm. The first person with the correct answer will get a shoutout in 60 Days!
Last time, we asked: True or False: The Senate allows motions for the previous question and to lay on the table.
Answer: FALSE.
Unfortunately, no one guessed the correct answer last night, but tonight’s winner will definitely get a special shoutout in 60 Days! Remember, the more you play, the better your chances of winning!
Bill Day’s Latest
3 Questions
A December audit commissioned by Florida’s Agency for Health Care Administration showed prescription markup tactics employed by Pharmacy Benefit Managers (PBM) are costing Florida’s Medicaid system at least $90 million per year. Tampa Rep. Jackie Toledo has been pushing for PBM reform since the 2020 Legislative Session and is back in 2021 with a new streamlined bill on the topic.
What issues would this legislation solve?
AHCA commissioned a study, an audit of what PBMs were charging, and what we discovered was PBMs are being paid over double what all providers are being paid. And PBMs don’t have a service, but pass-through service. So, they shouldn’t be paid more than a pharmacy is being paid, more than the manufacturer is being paid.
So, we are just trying to make sure that we have a competitive marketplace. That we have access to prescription medication to keep people healthy, and by squeezing these independent pharmacies out, you’re going to make a monopoly in essence. So that’s what I’m trying to avoid, is creating this monopoly and having the big companies dictate the prices of drugs.
I’m not saying we have to eliminate PBMs completely, but because there’s no oversight, they are creating revenue streams everywhere. Every single phone call is being charged, even if they’re denying a claim, PBMs are charging these transaction fees for every communication.
Your bill in the last Legislative Session didn’t make it out of the Health Market Reform Subcommittee. What’s different this year?
Last year, I wanted to start the conversation, a lot of times bills take years to pass. But last year, I filed a very comprehensive package. It involved not only fees, it involved a steering and spread pricing and transparency — so many issues. And people were starting to realize, PBMs are a problem. Then we had this audit conducted, and we can tell from the audit that there’s abuse, specifically in transaction fees. So, this year I focused and had a narrow scope on how we address parts of PBM, and then every year I hope to file additional bills to reform PBMs.
Do you expect the bill to have support from colleagues on both sides of the aisle this Session?
Absolutely. I’ve already seen big interest in PBMs because people are reaching out to their members, their specific representatives saying, ‘There’s a problem. This is what happened to me. I went to get a prescription filled and they told me that.’ So, it’s organically being talked about by constituents in their respective districts. So, members are asking me, what do you think the solution is? And, I think, we need to start having these conversations, whether this bill passes or not. We need to start moving it. We need to start talking about it, and seeing what we can do to reform and lower costs.
Lobby Up
DNA privacy has been a hot topic for a couple of years.
In 2020, lawmakers passed a measure blocking insurance companies from using results from consumer DNA tests to make actuarial decisions.
This year, the operative word is consent.
Bills sponsored by Polk City Rep. Josie Tomkow and Estero Sen. Ray Rodrigues (HB 833/SB 1140) would make it a misdemeanor to collect someone’s DNA without written authorization. Sending a sample in for testing and disclosing the results would become a felony.
The legislation was inspired, in part, by a bizarre, only-in-Florida saga between a Marvel Entertainment executive and the founder of executive search firm Mandrake Management that stemmed from a disagreement over how managed their condo association’s tennis court.
As with last Session’s DNA bills, the consumer-level testing companies have a vested interest in the fine print of the proposal.
The biggest players are Ancestry.com and 23andMe. Each company offers a suite of analysis and ancestry services to help customers investigate their roots or find relatives — possibly living ones if their DNA is also in the database.
Customers do have to opt into the database. But while DNA lasts a long time, the internet is forever, and testing companies want to make sure if the bill passes it doesn’t put their business model on the wrong side of the law.
To help them keep tabs on the bills, Ancestry.com and 23andMe signed a lobbying deal with James Daughton, Douglas Bell, Patricia Greene, Warren Husband, Allison Liby-Schoonover, Aimee Lyon of Andrew Palmer of Metz Husband & Daughton.
HB 833 passed its first committee last week. SB 1140 gets its first hearing in the Senate Health Policy Committee on Wednesday.
Breakthrough Insights
The Next 24
The Senate Banking and Insurance Committee hear a bill (SB 1024) that would set up a system to track insurance coverage complaints related to mental health services when it meets at 8 a.m. in Room 412 of the Knott Building.
The Senate Transportation Committee will consider a bill (SB 426) that would preempt local regulations that impact commerce at seaports when it meets at 8 a.m. in Room 110 of the Senate Office Building.
The Office of Program Policy Analysis and Government Accountability will deliver a presentation on food insecurity to the Senate Agriculture Committee at 10:30 a.m. in Room 110 of the Senate Office Building.
The Senate Governmental Oversight and Accountability Committee will hear a bill (SB 90) that requires voters to request vote-by-mail ballots every election cycle, rather than every other cycle. The committee meets at 10:30 a.m. in Room 37 of the Senate Office Building.
A bill (SB 876) that would allow optometrists to perform certain surgeries and prescribe medications will go before the Senate Health Policy Committee at 10:30 a.m. in Room 412 of the Knott Building.
The group Small Business Pharmacies Aligned for Reform will hold a news conference about a proposal (SB 1306/HB 1043) to require AHCA to select a single pharmacy benefit administrator for the Medicaid program. Sens. Gayle Harrell, Tom Wright and Sen. Ana Maria Rodriguez as well as Reps. Randy Fine and Toledo. It begins at 12:15 p.m. under the portico at the House Office Building.
The Agency for Health Care Administration will deliver a presentation on pharmacy benefit managers and the Medicaid program to the Senate Health and Human Services Appropriations Subcommittee at 1 p.m. in Room 412 of the Knott Building.
The Senate Transportation, Tourism and Economic Development Appropriations Subcommittee will hear a bill (SB 778) that would push back the sunset date for VISIT FLORIDA, which currently is set to expire in 2023. The committee meets at 1 p.m. in Room 110 of the Senate Office Building.
Also, the following committees will meet.
— The Senate Community Affairs Committee meets at 8 a.m. in Room 37 of the Senate Office Building
— The Senate Education Appropriations Subcommittee meets at 3:15 p.m. in Room 412 of the Knott Building.
— The House Civil Justice & Property Rights Subcommittee meets at 9:30 a.m. of the 404 House Office Building.
— The House Infrastructure & Tourism Appropriations Subcommittee at 9:30 a.m. of the Reed Hall, House Office Building.
— The House Insurance & Banking Subcommittee meets at 9:30 a.m. in Morris Hall in the House Office Building.
— The House Secondary Education & Career Development Subcommittee meets at 9:30 a.m. in Room 212 of the Knott Building.
— The House Health Care Appropriations Subcommittee meets at noon in Room 404 of the House Office Building.
— The House Finance & Facilities Subcommittee meets at 1:30 p.m. in Reed Hall in the House Office Building.
— The House Government Operations Subcommittee meets at 1:30 p.m. in Room 404 of the House Office Building.
— The House PreK-12 Appropriations Subcommittee meets at 1:30 p.m. in Room 212 of the Knott Building.
— The House Regulatory Reform Subcommittee meets at 1:30 p.m. in Morris Hall in the House Office Building.
— The House Education & Employment Committee meets at 3:15 p.m. in Room 404 of the House Office Building.
—The House State Affairs Committee meets at 3:15 p.m. in Room 212 of the Knott Building.
— The House Judiciary Committee meets at 3:15 p.m. in Morris Hall in the House Office Building.
Full committee agendas, including bills to be considered, are available on the House and Senate websites.
