Florida Legislators Pass Final Budget Bill, Nursing Home Reforms

On May 4 -- the last day of its session -- the Florida Legislature approved a nursing home reform bill (CS-SB 1202) that would, in part, increase the number of care hours nursing homes are required to provide residents, the AP/Florida Times-Union reports. The bill also includes provisions to address lawsuits against nursing homes by increasing standards of proof, eliminating automatic attorney fees and capping damages. In a compromise worked out between the state House and Senate, nursing homes would have to provide 2.3 hours of care per day per resident by January 2002, 2.6 hours by January 2003 and 2.9 hours by January 2004. Dale Ewart, deputy director of the Service Employees International Union 1199, which represents nurses' aides, praised the staffing improvements, but said the bill does "nothing to ensure" nurses' aides get better pay and wages (AP/Florida Times-Union, 5/5). The bill includes $60 million for "quality of care improvement" for nursing homes (AP/Florida Times-Union, 5/5). Lt. Gov. Frank Brogan (R) said the nursing home bill "is one of the most broad-sweeping and significant reform initiatives in the state's history." But Lance Block, head of the Academy of Florida Trial Lawyers, said the bill is "heavy on tort reform and light on quality of care." Lawmakers also allocated $23 million to "close the gap between the cost of providing 24 hours worth of care and the per diem cost paid by Medicaid" from about $20 to $25, the AP/Times-Union reports (AP/Florida Times-Union, 5/5).

More Measures
The fiscal 2001 budget lawmakers approved May 4 also includes:

• $22.9 million for community programs that are alternatives to nursing home care;
• $39 million for mental health services; and
• $97 million for child abuse and neglect prevention and protection programs (AP/Florida Times-Union, 5/5).

Budget Gives Poor 'Series of Setbacks'
Although state lawmakers were "downright gleeful" after passing the final state budget last week, "advocates for Florida's poor are not feeling nearly so buoyant -- and for good reason" a St. Petersburg Times editorial says. Lawmakers did not go through with "most of the major cuts advocates had been fearing," but low-income residents "not only made few measurable gains this session but suffered a series of setbacks that could end up making their lives harder than they already are," the Times maintains. For instance, lawmakers "spare[d] the poor the direct rollback in [Medicaid] eligibility and benefits threatened earlier in the session," including cuts in programs that provide eyeglasses and hearing aids to the elderly. However, the Times says the cuts that lawmakers retained "mean ... that thousands more poor Floridians will be routed into HMOs at the same time they receive less, if any, counseling to help sort out their coverage options. The push into managed care ... is worrisome." The Times concludes, "The outcome of the budget battle may indeed be a 'victory' for some -- just not the poor" (St. Petersburg Times, 5/6). For previous coverage on Florida's legislative session, including debate on the nursing home measures, click here.