June 28, 2022

When we last updated the FSP Membership we had finally crossed the Legislative Session finish line and adjourned on March 11, 2022. We fought off efforts on so many fronts including proposals to change the requirements for clinical laboratory directors, reimbursement issues, alternate site testing, and other bills that could potentially impact pathologists.

Just as we thought we could breathe after a successful Session, we were again inundated with issues that needed to be addressed at Agency and Cabinet levels. As you recall, we have had continual negotiations with the Agency for Health Care Administration (AHCA) in challenges to the updated fee schedules which did not include PC-CP reimbursement for COVID testing. With many Medicaid Advantage HMOs refusing to pay or otherwise aggressively seeking repayment of large amounts of money paid on COVID testing claims, this has become a year-round effort. 

Many of you may recall, we had a tough battle with AHCA when they changed its 2020 Practitioner Laboratory Fee Schedule eliminating the professional component on almost 1,000 clinical laboratory tests. The result of our successful efforts saved pathologists in Florida an estimated $15 million. This took a village! On your behalf, the FSP arranged meetings with AHCA staff and drafted numerous letters authored by then FSP President Mort Levitt and FSP officers, as well as Med Receivables COO, David Smith, and FSP Counsel Steve Weinstein.

That torch has continued through the 2022 Summer months led by your FSP President, Dr. Jim Zhai and your legislative team, led by Dr. Brett Cantrell. And, again, with invaluable assistance from David Smith and Steve Weinstein as well as FMA former President and FSP member, Dr. Ron Giffler.

Once again, we became aware of additional issues with the pathology component of the Medicaid fee schedule, particularly around COVID-related codes. This summer, we realized that these codes were being paid on a global basis as opposed to splitting out the technical and professional components of the fee. This was very unfortunate for many of our independent labs, which are able to stay independent in part because the Florida Medicaid fee schedule has been well-designed to split the PC and TC of the codes without increasing total costs.

The result of our letters, virtual meetings, consistent weekly follow-ups, attendance at workshops, etc. resulted in a decision by AHCA to add a PC/TC split to the other Covid codes. Again, this action will result in millions of dollars for the essential role the pathologist plays in health care. Stay tuned as we keep an eye on the 2023 codes!

CRITICAL CAMPAIGN SEASON

With the successful conclusion of the 2022 Regular Session, two Special Sessions, and temporary relief from negotiations with AHCA,  we are now focusing on the campaign Season. Because of redistricting, we are facing 160 plus races in the Florida Legislature.  The FSO Executive Committee has already been busy working with us to determine the seats we hope to defend and selecting newcomers to fill open Seats.

We need each of you to assist us in this effort by giving generously to the FSP PACs.

IMPORTANT 2023 LEGISLATIVE DATES

Date

Event

Source

August 1, 2022

Deadline for filing Senate claim bills

[Senate Rule 4.81(2)]

March 7, 2023

Regular Session convenes

[Article III, section 3(b), Constitution]

12:00 noon, deadline for filing bills for introduction

[Senate Rule 3.7(1)] [House Rule 5.2]

April 22, 2023

All bills are immediately certified

[Senate Rule 6.8] [House Rule 11.7(k)]

Motion to reconsider made and considered the same day

[Senate Rule 6.4(4)]

April 25, 2023

50th day rule (Senate) - last day for regularly scheduled committee meetings

[Senate Rule 2.9(2)]

May 5, 2023

60th day - last day of Regular Session

[Article III, section 3(b), Constitution]

As we enter the New Year, we prepare for another critical Legislative Session which convenes on January 11, 2022. There is still so much we do not know about how significant issues will unfold.

This is also a once-in-decade Session devoted to Reapportionment, which adds an interesting dynamic to every issue when Legislators are often fighting with each other to save their current District configurations. This will affect negotiations behind the scenes throughout the 90-day Session.

We will also be revisiting many issues, including step therapy, telehealth, the scope of practice for CRNA’s, PA’s, midwives and possibly optometry, transparency in health care pricing, and many others.

Of utmost importance to FSP members will be efforts by the Florida Department of Health to review changes to the clinical laboratory director standards. We also expect the yearly battle on reimbursement for the professional component of clinical pathology. Your FSP Leadership has recently successfully fought changes in reimbursement proposed by the Agency for Health Care Administration, and this issue resurfaces almost annually during the Legislative Session. Please visit the FSP website here for a summary of some of the bills filed as of December 15, 2021. We expect another 1,000 plus bills to be filed before the January 11th deadline. 

Bills of Interest