WMBB News 13 - The Panhandle's News LeaderState Capitol Briefs, Jan. 12, 2012

State Capitol Briefs, Jan. 12, 2012

SUPREME COURT RULES AGAINST HOSPITAL ON DOCUMENTS
The Florida Supreme Court on Thursday rejected arguments by a Pensacola hospital in a legal battle about turning over documents to an injured woman's attorneys. The dispute stems from a 2004 constitutional amendment that called for hospitals to disclose a wide range of internal documents in medical-negligence cases. But West Florida Regional Medical Center argued it should not have to release certain documents to attorneys for Lynda See, who suffered liver damage after going to the hospital to have a gallbladder removed in 2003. In part, the hospital contended that a federal law, known as the Health Care Quality Improvement Act of 1986, trumped the state constitutional amendment and barred the release of documents involved in internal hospital peer-review processes. But in an opinion written by Justice R. Fred Lewis, the Supreme Court flatly rejected the argument, saying the federal law "clearly does not provide for confidentiality for peer-review documents.''

COMMITTEE APPROVES SURPLUS LINE TAKEOUT
A House committee on Thursday approved a measure that would allow surplus lines insurance companies to take customers from Citizens Property Insurance Corp. under a voluntary effort backers say would remove more than 30,000 policies from the state-backed insurer. The measure, HB 245, would allow surplus lines insurers to offer residential policies to customers after taking steps to prove their ability to pay losses for two 100 year storms and carrying $50 million in surplus. The bill, sponsored by Rep. Jim Boyd, R-Bradenton, would allow policyholders to reject an offer to transfer to a surplus lines company, the policies of which are not guaranteed by the Florida Insurance Guaranty Association. Critics, including the Florida Justice Association, counter that surplus lines are not as closely regulated by the Florida Office of Insurance Regulation. Among OIR oversight that does not apply is prompt pay and premiums. The Economic Affairs Committee passed the measure on a 13-4 vote. The measure now heads to the floor. A similar bill, SB 578, is awaiting action in the Senate Budget Committee.

HANSEN, CORLEY NOMINATIONS SAIL THROUGH SENATE COMMITTEE
A Senate committee waved through Gov. Rick Scott's nominations of Charles Corley for secretary of Elderly Affairs and Michael Hansen for director of the Agency for Persons with Disabilities in just three minutes Thursday. Members of the Senate Children, Families and Elder Affairs Committee voted unanimously for the nominees, with no questions asked. "I feel comfortable with you," Sen. Nancy Detert, R-Venice, told Hansen, referring to his long legislative service, which includes directing the Office of Policy and Budget in the Executive Office of the Governor and several high-ranking posts in the House of Representatives. Corley has worked at DEA since 2000, serving as a division director and interim secretary. The meeting was also notable for the appearance of former Senate President Ken Pruitt as a lobbyist. Pruitt was supporting SB 694, a bill by Sen. Mike Fasano, R-New Port Richey, which would allow adult day care centers to seek licensure with a specialty in Alzheimer's disease. Pruitt tried to waive his speaking time in support of thebill, but Sen. Jack Latvala, R-St. Petersburg, objected. "I have a whole page of questions," Latvala said. And Pruitt was eloquent about the plight of families with a loved one who has Alzheimer's. "They're being torn apart," he said. The committee passed the bill unanimously, and Latvala observed that Pruitt "hasn't lost his touch. Welcome to the other side of the table."


NURSING HOME REGULATIONS DEBATED
A House panel Thursday began reviving a bill that backers say would eliminate redundant regulations on nursing homes and ease paperwork. But the bill (HB 621) drew criticism from the senior-advocacy group AARP and the Florida Justice Association trial-lawyers group. The full House approved the wide-ranging measure last year but could not agree with the Senate on a final bill. Doug Mannheimer, a lobbyist for the Florida Health Care Association, said the bill would help nurses and certified-nursing assistants spend more time providing care instead of doing paperwork. But AARP lobbyist Jack McRay said he is concerned the bill is "overreaching" and would lead to such things as reduced disclosure about the ownership of nursing homes. Bill sponsor Jim Frishe, R-St. Petersburg, said nursing homes have to disclose such information in applications to the state and also said lawmakers are not trying to do anything "draconian" to deregulate the nursing-home industry. The House Health & Human Services Quality Subcommittee voted 12-3 to approve the measure.

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Information provided by the News Service of Florida