Onward March! A new year begins as we approach the legislative session next Tuesday, January 9. Although we expect some more bills impacting persons with intellectual and developmental disabilities to be filed the first few weeks of session, we wanted to highlight proposed legislation that will have a positive impact on ensuring a sense of urgency on behalf of the Agency responsible for the population we serve. Here are some highlights as we head to the Capitol next week.

  • HB 1047 (Rep. Melo)/SB 1170 (Sen. Bradley) - Home and Community-based Services Medicaid Waiver Program: Requires APD to develop and implement automated, electronic application process for specified services; provides requirements for application process; requires agency to provide application in printed form or portable document format under certain circumstances; requires agency to make eligibility determination in specified amount of time for certain persons; authorizes agency to request additional documentation under certain circumstances; provides requirements for such request; provides requirements for AHCA when client’s iBudget is established; requires agency within specified time period to ensure certain services that client has applied for have begun. The ideas and this bill were brought to Representative Melo through parent advocate Stephanie Nordin who has shared her story of being in crisis an entire year before getting help.

  • HB 829 (Rep. Starke)/SB 864 (Sen. Collings) - Autism Spectrum Disorder Training for Law Enforcement Officers: Providing requirements for training officers for interacting with individuals with autism spectrum disorder; requiring the Criminal Justice Standards and Training Commission to adopt rules requiring such training as part of continued employment training for officers.

  • HB 783 (Rep. Berfield, Rep. Lopez)/SB 794 (Sen. Harrell) - Medicaid Managed Care Plan Performance Metrics: Requiring Medicaid managed care plans to submit certain performance metrics monthly to the Agency for Health Care Administration; requiring the agency to contract to develop and display on its public website a dashboard containing certain information; requiring the agency to create a quarterly report, beginning on a specified date, make it available to the public. 

  • HB 313 (Rep. Plascencia)/SB 550 (Sen. Rouson) - Transparency for Autism-related Services: Requiring the Agency for Persons with Disabilities or its designee to provide specified information when notifying an applicant of his or her eligibility determination. 

  • HB 73 (Rep. Tant, Rep. Koster) / SB 446 (Sen. Simon) - Supported Decision-making Authority: Requires court to consider needs and abilities of person with developmental disability when determining whether to appoint guardian advocate; provides requirements for petition to appoint guardian advocate; authorizes agent acting for principal to grant supported decision making agreement; prohibits such agreement from acting as durable power of attorney; provides certain communications shall be recognized as communication of principal; provides requirements for examining committee member when determining incapacitated person's ability to exercise his or her rights.

  • Legislative proposals, including managed care, and proposed rate increases outlined in the “Live Healthy Proposal” (SPB 7016) will focus on Florida’s health care workforce, removing regulations to increase workforce mobility, expanding access to quality, and efficient health care. This includes a proposed uniform iBudget Waiver provider rate increase.

Take a look at the bills we are currently tracking. We will update this weekly during session. https://www.arcflorida.org/legislative
What’s in a name? Everything as we see it. The Arc of Florida, after discussing with self-advocates, their families and providers, felt the need to share views of the proposed renaming of the Florida "Agency for Persons with Disabilities" to the "Agency for Persons with Unique Abilities" as well as the proposed change to the waiver terminology. We feel this is a misguided effort that risks confusing the very purpose of the Agency. The term "unique abilities" is not only ambiguous but also misleading in the context of serving individuals with intellectual and developmental disabilities. "Unique Abilities" is far too broad and non-specific. Commonly, this phrase is associated with exceptional talents or skills, as seen in sports or the arts, where it denotes high achievers with rare gifts. This is a stark contrast to the challenges faced by individuals with I/DD, whose needs are rooted in overcoming barriers to daily life and participation in society. The use of "disability" is not pejorative; rather, it's a clear, specific term that accurately reflects the experiences and challenges of people with intellectual and developmental disabilities. This term encompasses a wide range of physical, mental, and cognitive conditions that substantially limit major life activities. It embodies an acknowledgement of the unique challenges faced by this community, fostering greater understanding, acceptance, and inclusion.
There is a growing movement within the disability community to reject euphemisms like "differently-abled" or "special needs." Such terms, though well-intentioned, often serve to erase the reality of a disability. This can imply that the word "disability" is something to be avoided in conversation, a viewpoint that's inherently dismissive of the experiences of individuals with disabilities. The argument against euphemisms extends beyond semantics. Phrases like "special needs" have been used to avoid acknowledging disabilities, contributing to stigma and misunderstanding.
 
In addition, the proposal to change the term "Waiting List" to "pre-enrollment" for the Florida Home and Community-based Services (HCBS) Waiver Program also raises several concerns. This intended simplification of language overlooks the profound impact of wording, especially for individuals with intellectual and developmental disabilities (I/DD). "Waiting List" is a term that is widely understood and precisely reflects the application process. Although not a perfect measure, waiting lists are vital for understanding the demand for these services. They help in identifying trends and areas where improvements are needed. Shifting to "pre-enrollment" might impede the effective tracking of this data. Many families have stated that it appears through marketing a new name change for the "Waiting List," APD is trying to sanitize the challenges the Agency has and the unmet needs that families desperately need. The reality is that everyone who is on the "Waiting List" will still call it the "Waiting List.” However, will CMS continue to call it a "Waiting List" as they pass new accountability measures? 
Save the Date - September 13-15, 2024

Thank you for your advocacy! If you want additional information regarding this issues, please contact our CEO Alan Abramowitz at alan@arcflorida.org or 850.241.3232.