HB 1863

1	A bill to be entitled
2	An act relating to health; amending and renumbering s.
3	216.341, F.S.; exempting Department of Health positions
4	funded by certain trust funds from certain authorization
5	provisions; amending s. 381.0066, F.S.; extending the
6	period for a certain additional fee for purposes of
7	research on onsite sewage treatment and disposal systems;
8	amending s. 383.14, F.S.; authorizing the adoption of
9	rules relating to the newborn screening program; revising
10	a fee; providing authority to bill third-party payors for
11	newborn screening tests; amending s. 385.207, F.S.;
12	correcting the name of a certain official; continuing use
13	of the Epilepsy Services Trust Fund for epilepsy case
14	management services; limiting administrative expenditure
15	from the fund; creating s. 391.310, F.S.; creating the
16	Florida Infants and Toddlers Early Intervention Program;
17	requiring the Department of Health to work with other
18	agencies to implement a certain federal program; amending
19	s. 464.0195, F.S.; providing that revenues collected from
20	nurses in excess of required fees be transferred to a
21	specified trust fund; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Section 216.341, Florida Statutes, is
26	renumbered as section 216.2625, Florida Statutes, and amended to
27	read:
28	216.2625 216.341  Disbursement of Department of Health
29	county health department trust funds; appropriation of
30	authorized positions.--
31	(1)  Funds from the County Health Department Trust Fund
32	County health department trust funds may be expended by the
33	Department of Health for the respective county health
34	departments in accordance with budgets and plans agreed upon by
35	the county authorities of each county and the Department of
36	Health.
37	(2)  The requirement limitations on appropriations provided
38	in s. 216.262(1) that the total number of authorized positions
39	must be appropriated shall not apply to Department of Health
40	positions funded by:
41	(a)  The County Health Department Trust Fund; or County
42	health department trust funds
43	(b)  The United States Trust Fund.
44	Section 2.  Paragraph (k) of subsection (2) of section
45	381.0066, Florida Statutes, is amended to read:
46	381.0066  Onsite sewage treatment and disposal systems;
47	fees.--
48	(2)  The minimum fees in the following fee schedule apply
49	until changed by rule by the department within the following
50	limits:
51	(k)  Research: An additional $5 fee shall be added to each
52	new system construction permit issued during fiscal years 1996-
53	2004 to be used to fund for onsite sewage treatment and disposal
54	system research, demonstration, and training projects. Five
55	dollars from any repair permit fee collected under this section
56	shall be used for funding the hands-on training centers
57	described in s. 381.0065(3)(j).
58
59	The funds collected pursuant to this subsection must be
60	deposited in a trust fund administered by the department, to be
61	used for the purposes stated in this section and ss. 381.0065
62	and 381.00655.
63	Section 3.  Subsection (2) and paragraph (g) of subsection
64	(3) of section 383.14, Florida Statutes, are amended, and
65	paragraph (h) is added to subsection (3) of said section, to
66	read:
67	383.14  Screening for metabolic disorders, other hereditary
68	and congenital disorders, and environmental risk factors.--
69	(2)  RULES.--After consultation with the Genetics and
70	Infant Screening Advisory Council, the department shall adopt
71	and enforce rules requiring that every infant born in this state
72	shall, prior to becoming 2 weeks of age, be subjected to a test
73	for phenylketonuria and, at the appropriate age, be tested for
74	such other metabolic diseases and hereditary or congenital
75	disorders as the department may deem necessary from time to
76	time. After consultation with the State Coordinating Council for
77	School Readiness Programs, the department shall also adopt and
78	enforce rules requiring every infant born in this state to be
79	screened for environmental risk factors that place children and
80	their families at risk for increased morbidity, mortality, and
81	other negative outcomes. The department shall adopt such
82	additional rules as are found necessary for the administration
83	of this section and s. 383.145, including rules providing
84	definitions of terms, rules relating to the methods used and
85	time or times for testing as accepted medical practice
86	indicates, rules relating to charging and collecting fees for
87	the administration of the newborn screening program screenings
88	authorized by this section, and rules requiring mandatory
89	reporting of the results of tests and screenings for these
90	conditions to the department.
91	(3)  DEPARTMENT OF HEALTH; POWERS AND DUTIES.--The
92	department shall administer and provide certain services to
93	implement the provisions of this section and shall:
94	(g)  Have the authority to charge and collect fees for the
95	administration of the newborn screening program screenings
96	authorized in this section, as follows:
97	1.  A fee not to exceed $15 of $20 will be charged for each
98	live birth, as recorded by the Office of Vital Statistics,
99	occurring in a hospital licensed under part I of chapter 395 or
100	a birth center licensed under s. 383.305, up to 3,000 live
101	births per licensed hospital per year or over 60 births per
102	birth center per year. The department shall calculate the annual
103	assessment for each hospital and birth center, and this
104	assessment must be paid in equal amounts quarterly. Quarterly,
105	the department shall generate and mail to each hospital and
106	birth center a statement of the amount due.
107	2.  As part of the department's legislative budget request
108	prepared pursuant to chapter 216, the department shall submit a
109	certification by the department's inspector general, or the
110	director of auditing within the inspector general's office, of
111	the annual costs of the uniform testing and reporting procedures
112	of the infant screening program. In certifying the annual costs,
113	the department's inspector general or the director of auditing
114	within the inspector general's office shall calculate the direct
115	costs of the uniform testing and reporting procedures, including
116	applicable administrative costs. Administrative costs shall be
117	limited to those department costs which are reasonably and
118	directly associated with the administration of the uniform
119	testing and reporting procedures of the infant screening
120	program.
121	(h)  Have the authority to bill third-party payors for
122	newborn screening tests.
123
124	All provisions of this subsection must be coordinated with the
125	provisions and plans established under this chapter, chapter
126	411, and Pub. L. No. 99-457.
127	Section 4.  Paragraph (a) of subsection (2) and subsection
128	(6) of section 385.207, Florida Statutes, are amended, and
129	subsection (7) is added to said section, to read:
130	385.207  Care and assistance of persons with epilepsy;
131	establishment of programs in epilepsy control.--
132	(2)  The Department of Health shall:
133	(a)  Establish within the office of the Deputy State Health
134	Officer Assistant Secretary for Health a program for the care
135	and assistance of persons with epilepsy and promote and assist
136	in the continued development and expansion of programs for the
137	case management, diagnosis, care, and treatment of such persons,
138	including required pharmaceuticals, medical procedures, and
139	techniques which will have a positive effect in the care and
140	treatment of persons with epilepsy.
141	(6)  For the 2003-2004 fiscal year only, Funds in the
142	Epilepsy Services Trust Fund may be appropriated for epilepsy
143	case management services. This subsection expires July 1, 2004.
144	(7)  The department shall limit total administrative
145	expenditures from the Epilepsy Services Trust Fund to 5 percent
146	of annual receipts.
147	Section 5.  Section 391.310, Florida Statutes, is created
148	to read:
149	391.310  Florida Infants and Toddlers Early Intervention
150	Program.--The Department of Health is authorized to implement
151	and administer part C of the federal Individuals with
152	Disabilities Education Act, which shall be known as the "Florida
153	Infants and Toddlers Early Intervention Program." The
154	department, jointly with the Department of Education, shall
155	prepare annually a grant application to the United States
156	Department of Education for funding for early intervention
157	services for infants and toddlers with disabilities, ages birth
158	through 36 months, and their families pursuant to part C of the
159	federal Individuals with Disabilities Education Act.
160	Section 6.  Subsection (3) of section 464.0195, Florida
161	Statutes, is amended to read:
162	464.0195  Florida Center for Nursing; goals.--
163	(3)  The Board of Nursing shall include on its initial and
164	renewal application forms a question asking the nurse to
165	voluntarily contribute to funding the Florida Center for Nursing
166	in addition to paying the fees imposed at the time of licensure
167	and licensure renewal. Revenues collected from nurses over and
168	above the required fees shall be transferred from the Medical
169	Quality Assurance Trust Fund to deposited in the Florida Center
170	for Nursing Trust Fund and shall be used solely to support and
171	maintain the goals and functions of the center.
172	Section 7.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.