In Today's News (January 13, 2012)
http://news.wfsu.org/post/bill-aims-fix-glitch-healthcare-fraud-law#.TxGGt4pB_3Y.email

Bill aims to fix glitch in healthcare fraud law
Listen to the story by going to the link above.

There’s a Florida law that’s setup to clamp down on health care fraud. But, it’s causing one woman to put her dream to be a nurse on hold. As Sascha Cordner reports, one lawmaker has filed a new bill that if passed, could give the woman a second chance at her dream.

It began as a comprehensive law to fight health care fraud. But, Democratic Senator Arthenia Joyner of Tampa says that legislation passed two years ago has unintended consequences. That’s why she filed a bill to help those who want to become licensed health care professionals, but have a felony record.

“There are persons who are already enrolled in educational programs awaiting licensure. They found out that they would be ineligible for a licensure or renewal. So, this bill would cure that and allow those who were in the process in completing their education or had an application for licensure to work as a health care professional, that they would be able to continue their pursuit, that they would get a job.”

Groups, like the Florida Health Care Association and the Florida Nursing Association, are in support of Joyner’s bill. FNA lobbyist Alisa Snow says it’s legislation that will correct past wrongs:

“Current law creates a barrier for nurses entering the workforce if they have a felony record. So, this bill will alleviate some of that situation by reducing some of the licensure band form 15 years to 5 years for lesser offenses.”

The 2009 law had a provision that 15 years had to go by before a felon could apply for a medical license.

That’s the situation of 30-year-old Cherylynn Juchniewicz. She’s now in her final semester of nursing at Polk State College, but it will be years before she can get her license because of a poor decision she made seven years ago.

“I was working in a clothing store and made false returns on a credit card for approximately 395 dollars. Needless to say, I was caught and was charged with a third degree felony for scheming to defraud. At 23, I was scared to death, and so I took a plea deal.”

Her life did turn around, though, as she got engaged, became a mother, and graduated from Santa Fe Community College in Gainesville with an AA in Nursing. But, the issue of whether she could become a nurse with her background was never far from her mind. It was when she applied to the Polk State College Nursing program that she heard of the comprehensive 2009 measure, Senate Bill 1986.

“I worked with one of our nursing professors to seek out new information on SB 1986, hoping that there would be an amendment that would allow me to be licensed in the only state I’ve ever called home.”

Juchniewicz says she hopes to graduate this May. And, that’s why she says she’s grateful for Joyner’s bill that would help her to apply for a license a few months after graduation, instead of years.

Part of Senator Joyner’s change bill also includes a tier system. For example, those with a third degree felony theft record either have to wait 10 years or 5 years based on the amount of money they stole. But, Juchniewicz says she hopes Joyner will consider an even lesser waiting period and not base it on a tier system:

"The proposed amendment still limits all third degree felonies to waiting ten years after the resolution of charges. It doesn’t have any stipulation on the amount of the charges, and all charges with monetary value from 300 to 20-thousand dollars are proposed to wait the ten years. Please consider lesser wait periods for health care licensing regarding third degree felonies based upon monetary denomination.”

Juchniewicz says she realizes she made a mistake at 23 and she’s spending every day of her life making up for it.

At a Senate Criminal Justice Committee meeting during the first week of session, she begged members to consider her situation and others who could benefit from Joyner’s bill.

“My fingers are crossed that graduation comes with high hopes and good places, instead of fears on where I will go. I would love to give back to the community and work with the family that has wholeheartedly embraced me by working as a nurse locally in Florida. I’ve never lived out of state and do not even know where I would begin to look for licensure, a profession in nursing, and a place to call my home. My fiancée's finally found a dependable job and our entire families live in this state and can help me raise my son.”

Senator Greg Evers, who chairs that Senate committee, says he was touched by her words and understands that many young adults don’t get a do-over when their mistakes affect the rest of their lives:

“I’m just thankful that there is an opening even if it’s 4 and a half years away because I know of some folks that went through training and went to get certified for different occupations where they found out that even if they passed the test, they would never be able to hold that job, and that’s sad!”

In a unanimous vote, the Senate Criminal Justice Committee agreed to move the bill forward to its last stop, the Senate Budget Committee. And, Joyner, who was not present at the committee, says she will look into the proposed changes to her bill that Juchniewicz suggested about loosening the restrictions even more.

The Florida Nurses Association supports increased access to essential health services for all Floridians. Fundamental provisions of this belief include:

• Florida’s Medicaid program must include proper oversight of managed care plans.
• Those Medicaid health plans must have adequate provider networks to deliver health care. Such networks should take full advantage of cost-effective advanced practice nurses.
• Medicaid must have appropriate safeguards for the elderly, mentally ill, and developmentally or physically disabled.
• Advanced registered nurse practitioners must be able to practice to their full scope, which includes:
o Prescribing certain controlled substances;
o Acting as primary care providers, and
o Having the ability to refer patients to necessary services.

We support appropriate funding of state programs that protect Florida’s most vulnerable citizens. This funding should take into consideration:

• The Legislature must maintain current levels of program funding for the Medically Needy program, Medicaid, the MEDS-AD program for the aged and disabled, HIV-AIDS patients, and individuals in underserved areas of the state.

We support safe practice environments for all nurses and our patients. To that end, the following actions should be taken:

• Legislation creating surgical technologists must include appropriate supervision by registered nurses.
• Continued efforts to explore opportunities to ensure adequate staffing for nurses will should include advocacy and education of our state lawmakers.

We support efforts to protect the rights and benefits of all state-employed health care professionals. Key provisions of this effort include:

• The jobs, wages, pensions, health care coverage, and other benefits of our state employees must be protected.
• In addition, KidCare health insurance should be available to children of state employees.

Other initiatives:

• We oppose measures that would decrease educational opportunities for nurses.
• We support efforts to ensure the continued operation and success of the statewide database that monitors health care providers who prescribe controlled substances.
• We support efforts to control Florida’s prescription drug abuse epidemic. However, these efforts should not interfere with adequate patient care, or the nurses’ ability to practice.
• We support efforts to address the growing problem of youth athletes who suffer from head injuries.
• We support initiatives that would increase funding for the Florida Center for Nursing.

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There were major themes that ran though a session that weren't surprising in a year in which Republicans enjoyed their largest House majority in modern times, an 81-39 advantage and a super majority in the Senate as well. The GOP pressed its new super majority – delivered in 2010 as part of the national Republican and tea party tide - by passing contentious bills tightening restrictions on abortions and trying to strengthen gun rights, red meat for the GOP base.

Republican domination of the Legislature also made it easy for lawmakers to send a strong message on the federal health care law – anger over which many observers say got Republicans their new majority. The Legislature passed what may turn out to be a largely symbolic protest to refuse to participate in the nation’s law.

Coupled with Senate President Mike Haridopolos’ eye on the GOP primary for a U.S. seat, that sense that much of the session was a fight against Washington Democrats and a play to national tea party talking points – on immigration, on union issues, on cutting spending – made the 2011 session the most politically tinged and openly partisan in at least a decade.

Unions, particularly the teachers union, and trial lawyers have been in the cross hairs of Republicans for more than a decade in Florida, but with the new super majorities both were more heavily on the defensive this year. The unions got one victory, albeit one on defense. The Legislature was unable to pass a bill that would bar unions from collecting dues from their government workers through paycheck deduction.

That need to cut government spending drastically, despite all the other major reaches by an ambitious new Republican juggernaut, still dominated everything. Even the other major far-reaching change made by lawmakers, shifting nearly all Florida Medicaid patients except the developmentally disabled into private managed care, was related to the budget.

Simply put, Republican leaders have argued since the early days of Jeb Bush that the state couldn't afford the growing costs of providing health care for the poor, even with Washington picking up much of the cost, in good times. When times get bad, as they have the last three years, forget about it.

And so, lawmakers, in addition to managing to cut $3.75 billion in spending from government programs, including many entrenched ones, in addition to revamping the way teachers are paid, also completely altered the way Florida society will provide that health care to poor women and children and elderly people needing long term care. Lawmakers basically said, we can't do this anymore, so let’s give the money and the patients to the private sector and see if they can.

There was another major health care issue worth noting, rare in that it was one on which there came to develop near consensus, though it started out heavily contentious. The consensus was on the problem – that pain clinics that have popped up in Florida in the last decade have been shoveling addictive prescription drugs at just about anyone who wants them, feeding addicts so much that other states have complained to Congress about Florida’s “pill mills.”

Exactly what to do about it wasn’t universally agreed-on. But on Friday night, after months of debating the details, including whether to keep a controversial database of which pain clinics are handing out what to whom, the House came together in unanimity. With Scott and Attorney General Pam Bondi watching in a rare live appearance on the House floor, the House unanimously passed a bill aimed at cracking down on the pain clinics. Scott will sign the bill. The database remains in the law.
Another group that played a prominent role in this year’s legislative session was government workers. Past hits at state workers have mostly been broadsides at the government bureaucrats in Tallahassee, who have always had a public perception problem in the general statewide populace outside the capital city.

This year, lawmakers passed a bill that Scott will sign that will bring those government workers more in line with many private sector workers, paying 3 percent toward their own pensions. Many may also face pay cuts if their jobs are privatized – many of the prisons around the state are open to possible privatization under the Legislature’s budget, for example. And some state workers will be just plain downsized.

The Republican majority has at least another year in its current super powerful state, with next year’s session coming before lawmakers will answer for their actions in the 2012 election. But next year is a special one that could alter that super majority anyway, with lawmakers doing the once-a-decade redrawing of the districts, starting with public hearings this summer. History says Republicans could use that to solidify, or even expand their power because they’ll control the process. Democrats see at least a glimmer of hope that new constitutional requirements that the GOP not draw the lines with an eye toward consolidating their power will undo the whole thing.

2012 BALLOT ISSUES
Florida lawmakers, who carried out an aggressive, conservative agenda during the 2011 session, did not stop with just passing hundreds of bills. Voters next year will be asked to vote on constitutional amendments that could place limits on abortion funding and government spending while opening the door for increased money to religious organizations.
Haridopolos also sponsored the "health care freedom" amendment aimed at trying to blunt the impact of federal health care reform. Lawmakers passed a similar amendment last year but the state Supreme Court removed it from the ballot after ruling the wording was misleading. This year's version was reworded.
Another amendment would constitutionally ban public funding of abortions. And on Friday, lawmakers approved a proposed constitutional amendment that would remove a long-standing prohibition on state money going to religious institutions.

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Draft letter of support from RN
Draft letter of support from faculty
Draft letter of support from students
Draft letter of support from facilities
Talking Points about Sustainable Funding

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Click here for the 2012 Lobby Days Summary video, featuring ANA President, Karen Daley.

ARNP Online Video Now Available

The current healthcare crisis in Florida continues to challenge our economic and social consciences. The Advanced Practice Nursing profession stands poised to meet these challenges. Through legislative changes, the APN may practice to the fullest potential allowed by their education and training.

Please click here to view an online video about Advanced Practice Nursing and their contribution to healthcare.

TO: Florida Nurses Association LDCs, ARNP’s and Leadership

FROM: FNA Staff

As a Legislative District Coordinator for the Florida Nurses Association. We thank you for your participation in our legislative program. I write now to ask if you agree to continue serving in that role and if so to respond to us by writing govt@floridanurse.org and sharing with us your Florida House and Senate District where you live and your Florida Congressional District. This information can be found on the back of your voter registration card or by calling your county supervisor of elections. Another way to determine your Representative, Senator, and Congressional Representative is to go to www.floridanurse.org and click on Legislative Activities and then double click on the Capitol Icon to enter into CapWiz. In Capitol Wiz enter your zip code and click on Go then scroll down and enter your mailing address and click on Go again. When you do that Cap Wiz will tell you what House and Senate District you live in. It will also give your Congressional District. We cannot manually go into Cap Wiz and do these data collections so please help us out by giving us your Florida House and Senate District number and your Florida Congressional District number.

Also, FNPAC is soliciting applications for membership on the FNPAC Board of Trustees. If you are interested please send a brief statement as to why you are interested giving a brief summary of your activities such as serving as a LDC or volunteering in political campaigns. FNPAC is meeting in February to make appointments and to elect officers for the 2007-2008 election cycle. There are three seats open for appointments.

Again please RSVP to govt@floridanurse.org saying you are willing to continue serving FNA as a Legislative District Coordinator with your Legislative and Congressional District Numbers.

Again we thank you for your willingness to fulfill this very important role that is the driving force of the FNA Government Relations Program.

WHAT IS A LEGISLATIVE DISTRICT COORDINATOR?
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 The heart and soul of FNA’s Governmental Relations Program.

 This FNA member organizes nurses within his/her neighborhood/community to work on political campaigns.

 This FNA member establishes a rapport with his/her legislator and his/her staff so that when an FNA issue is ready for consideration, the legislator remembers his/her FNA contact on the issue.

 This FNA member contacts nurses in his/her neighborhood about FNA positions on issues. Urges the nurse to join FNA and become a political nurse.

 This FNA member, along with other LDCs in the area, organizes a legislative reception where nurses and legislators discuss issues.

 This FNA member receives all FNA Political Action Commentaries and Alerts during legislative sessions and committee hearing weeks and shares the information with as many nurses as possible asking them to contact legislators to support FNA’s positions.

 This FNA member sends a lobby report form from FNA to lobbyists when an interesting contact is made regarding an FNA issue.

 This FNA member interviews legislators and candidates for office and reports how they stand on FNA issues. The LDC makes a recommendation for FNPAC’s consideration regarding political endorsement and/or degree of financial support to offer.

 These FNA members come from both major and political parties with a healthy respect for individual rights of members to disagree with FNA positions, but a commitment to always report FNA positions when speaking with an official LDC capacity.

 This FNA member has fun! U.S. Senator Bob Graham says, “Politics is fun!”

 If you have any questions, or would like more information, please contact:

FLORIDA NURSES ASSOCIATION
Bibi Lowton
P.O. Box 536985
Orlando, FL 32853
PHONE 407.896.3261 | FAX 407.896.9042
govt@floridanurse.org