2001-2002 Report Card
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May 28, 2002 Legislators’ Role in Passing Legislation that is Meaningful to Long Term Care Providers 2001 – 2002 Legislative Sessions +++ Active role in passing meaningful legislation Block Print – Actions taken in 2001 Session ++ Helped pass meaningful legislation Italic Print – Actions taken in 2002 Session + Supported meaningful legislation + / Was not involved or both helped and hindered LTC bills at some point Opposed meaningful legislation Helped fight against meaningful legislation Active opponent to meaningful legislation ADMINISTRATION Position Official Role + + + Governor Jeb Bush Leader in support of SB 1202; held press conferences; made positive statements to press; worked with legislators privately. Supported full funding for SB 1202 provisions in 02 &03 budgets. Took lead to create lease bond alternative. + + + Lt. Governor Frank Brogan Was the key person behind meaningful tort reforms; chaired Task Force; spoke at FHCA Rally; was forceful proponent publicly and privately with legislators. Supported full funding for SB 1202 provisions in 02 & 03 budgets. Attorney General Bob Butterworth Selected Wilkes & McHugh attorney, Ken Connor, to represent him on Task Force; was not involved in SB 1202 legislative debate. Issued report enthusiastically supporting electronic surveillance equipment in nursing homes; testified in support of electronic surveillance in nursing homes. + Insurance Commission Tom Gallagher Stated that we need an insurance solution. Department of Insurance staff helpful in providing data but reluctant to take strong tort reform position publicly. Worked behind scenes for Insurance solution that limited amount of liability. Staff testified before House on the insurance unavailability facing nursing homes and assisted in discussions to create nursing home self insurance language. + + + Former Senator – now – Secretary of the Board of Voted for SB 1202; sponsored meaningful tort reform amendments in Judiciary Education Jim Horne Committee; strong advocate for long term care in debate; worked hard to fund SB 1202. 1 May 28, 2002 Legislators’ Role in Passing Legislation that is Meaningful to Long Term Care Providers 2001 – 2002 Legislative Sessions +++ Active role in passing meaningful legislation Block Print – Actions taken in 2001 Session ++ Helped pass meaningful legislation Italic Print – Actions taken in 2002 Session + Supported meaningful legislation + / Was not involved or both helped and hindered LTC bills at some point Opposed meaningful legislation Helped fight against meaningful legislation Active opponent to meaningful legislation U.S. CONGRESS Position Official Role + / ─ Former Insurance Commissioner - now – Staff provided legislature and Task Force with insurance data; willing to say nursing Senator Bill Nelson homes need quality reforms but reluctant to advocate litigation reform. + Congresswoman Corrine Brown Co-sponsored bill to increase federal match to Medicaid program. + Congressman Ander Crenshaw Co-sponsor feeding and hydration pilot project bill. + Congressman Peter Deutsch Worked privately for litigation reform. + Congressman Mark Foley Co-sponsored bill to increase federal match to Medicaid program + Congressman Dan Miller Sponsored an amendment to have a Federal study done on the cost of litigation on the Medicare program. He continued to raise the litigation issue with CMS in official correspondence. Co- sponsor feeding and hydration pilot project bill. + Congressman Clay Shaw Is an advocate for increased Medicare reimbursement and has worked with leadership in support of long term care. + + Congresswoman Karen Thurman Sponsored a Congressional letter that lists litigation as problem for Florida facilities. Is an advocate for increased Medicare reimbursement. Volunteered to do floor statement on Medicare nursing home cuts. Co-sponsor bill to increase federal match to Medicaid program. ─ ─ Congressman Robert Wexler Released report on poor nursing home quality; made pro trial lawyer pronouncements on litigation and electronic surveillance. Co-sponsor bill to increase federal match to Medicaid program. 2 May 28, 2002 Legislators’ Role in Passing Legislation that is Meaningful to Long Term Care Providers 2001 – 2002 Legislative Sessions +++ Active role in passing meaningful legislation Block Print – Actions taken in 2001 Session ++ Helped pass meaningful legislation Italic Print – Actions taken in 2002 Session + Supported meaningful legislation + / Was not involved or both helped and hindered LTC bills at some point Opposed meaningful legislation Helped fight against meaningful legislation Active opponent to meaningful legislation SENATE Position Official Role + + + Ginny Brown-Waite Spent countless hours crafting a fair SB 1202; brought parties together to negotiate what could be worked out; took lead on getting more funding, balanced quality proposals and fair litigation reform. Fought to keep SB 1202 full funding in special and regular sessions. Voted against unfunded wage mandate bill, sponsored “grannycam” study, sponsored liability insurance study amendment, assisted when AHCA overstepped regulatory authority and attempted to delicense 4 nursing homes; attempted to mediate liability insurance solution; was made FHCA’s Senator of the Year + + Locke Burt Led Judiciary Committee debate that passed meaningful litigation reform; led debate to defeat trial lawyer amendments to dilute litigation reform. ─ Walter Campbell Sponsored trial lawyer amendments to dilute litigation reform and create a Joint Underwriting Association, but in end worked out punitive damage language and advised trial lawyers to support bill; supported final version SB 1202. Voted for unfunded wage mandate bill. Sponsored FHCA amendment to prevent duplication of adverse incident reporting. + Lisa Carlton Voted for SB 1202. Worked with FHCA to ensure that resident rights cases were not part of new elder abuse statute ensuring that Chapter 400 remains an exclusive remedy. Ensured SB 1202 was fully funded and supported funding for operating cost rebase and Insurance Risk Retention Group in special session. + Charlie Clary Voted for SB 1202; did not advocate for strong litigation reform in Senate Health Committee. Voted against unfunded wage mandate bill + Lee Constantine Voted for SB 1202. + + Anna Cowin Voted for SB 1202. Voted against unfunded wage mandate bill 3 May 28, 2002 Legislators’ Role in Passing Legislation that is Meaningful to Long Term Care Providers 2001 – 2002 Legislative Sessions +++ Active role in passing meaningful legislation Block Print – Actions taken in 2001 Session ++ Helped pass meaningful legislation Italic Print – Actions taken in 2002 Session + Supported meaningful legislation + / Was not involved or both helped and hindered LTC bills at some point Opposed meaningful legislation Helped fight against meaningful legislation Active opponent to meaningful legislation + Victor Crist Voted for SB 1202; sponsored then withdrew Jim Wilkes’ amendment to gut confidentiality protection; neither spoke in favor nor against bill on Senate floor. Sponsored Gold Seal bill, which FHCA did not support. Worked with FHCA on a positive amendment that improves the Gold Seal panel. ─ Mandy Dawson First vote was against SB 1202; on final vote supported SB 1202. Sponsored union backed bill to prevent anti-union activities in nursing homes. Voted for unfunded wage mandate bill. + Diaz del la Portilla Voted for SB 1202 on final vote. ─ Buddy Dyer Voted for SB 1202; sponsored trial lawyer punitive damage amendment in the Judiciary Committee and on Senate floor. Howard Futch Newly elected. No position on our issues. + + Rudy Garcia Voted for SB 1202 in Judiciary Committee and on Senate floor; sponsored positive ALF amendments. Steven Geller Voted for SB 1202 on final vote. + / Betty Holzendorf Voted for SB 1202 on final vote; sponsored unfunded and excessive staffing bill. ─ Daryl Jones Voted against SB 1202 on first vote but supported it on final vote with strong staffing increase and funding; opposed strong litigation reform in Judiciary Committee; sponsored unfunded wage mandate amendment in Committee. + James King Voted for SB 1202; helped in effort to have trial lawyers back away from diluting punitive damage limits. + + Ron Klein Voted for SB 1202. Voted for unfunded wage mandate bill but only after explaining position to FHCA lobbyists and pledging to only further support the bill if it is funded; agreed to amend nursing homes out of his CON reform bill which FHCA opposed; as next leader of Senate Democrats, met with FHCA Board of Directors to build closer ties with LTC providers. 4 May 28, 2002 Legislators’ Role in Passing Legislation that is Meaningful to Long Term Care Providers 2001 – 2002 Legislative Sessions +++ Active role in passing meaningful legislation Block Print – Actions taken in 2001 Session ++ Helped pass meaningful legislation Italic Print – Actions taken in 2002 Session + Supported meaningful legislation + / Was not involved or both helped and hindered LTC bills at some point Opposed meaningful legislation Helped fight against meaningful legislation Active opponent to meaningful legislation SENATE Position Official Role + + Jack Latvala Voted for SB 1202; sponsored positive amendment to delay requirement for liability insurance in Appropriations Committee; spoke favorably on long term care issues. Sponsored amendment to improve Alzheimers training for LTC providers in settings other than nursing homes. Offered to fix problems that proposed tax