The Florida Senate BILL ANALYSIS AND FISCAL IMPACT STATEMENT (This document is based on the provisions contained in the legislation as of the latest date listed below.) Prepared By: The Professional Staff of the Appropriations Committee on Health and Human Services BILL: CS/SB 186 INTRODUCER: Health Policy Committee and Senator Brodeur and others SUBJECT: Progressive Supranuclear Palsy and Other Neurodegenerative Diseases Policy Committee DATE: January 10, 2024 ANALYST STAFF DIRECTOR REFERENCE ACTION 1. Morgan Brown HP Fav/CS 2. Gerbrandt McKnight AHS Pre-meeting 3. FP Please see Section IX. for Additional Information: COMMITTEE SUBSTITUTE - Technical Changes I. Summary: CS/SB 186 creates undesignated sections of the Laws of Florida, requiring the State Surgeon General to establish a progressive supranuclear palsy and other neurodegenerative diseases policy committee (committee) to identify the impact of progressive supranuclear palsy and other neurodegenerative diseases on Floridians, while providing recommendations to improve health awareness, detection, and outcomes. The bill provides administrative support to the committee, establishes the membership of the committee, and authorizes the committee chair to create subcommittees. The bill requires that members of the committee be appointed by September 1, 2024, and that the initial meeting be held by October 1, 2024. All meetings of the committee must take place via teleconference or other electronic means. The bill requires the State Surgeon General to submit a progress report detailing committee activities, as well as findings and recommendations, to the Governor, the President of the Senate, and the Speaker of the House of Representatives by January 4, 2025. The bill requires the State Surgeon General to submit a final report to the Governor and the Legislature by January 4, 2026. The bill provides that, once enacted, the act may be cited as the “Justo R. Cortes Progressive Supranuclear Palsy Act.” REVISED: BILL: CS/SB 186 Page 2 The bill has no fiscal impact on state revenues or state expenditures. The bill provides an effective date of July 1, 2024. II. Present Situation: Neurodegenerative disease is an umbrella term used for a plethora of conditions that gradually damage and destroy parts of the nervous system, especially areas of the brain. The effects and symptoms of these diseases tend to appear later in life and usually develop slowly. 1 Cases of such disorders are rare, with researchers estimating that neurodegenerative diseases affect more than 50 million people worldwide; however, most of these conditions are strongly attributed to age and are far more likely in persons over 65 years old. 2 According to the U.S. Census Bureau’s 2020 population estimates, more than 55 million Americans are age 65 or older, one-fourth of whom live in California, Florida, and Texas. 3 Florida’s older residents compose 21.3 percent of the population, or approximately 4,638,000 of the state’s 21,733,000 estimated residents. 4 Diagnosing a neurodegenerative disease varies based on the suspected condition: Neurologic exam by a healthcare provider to discuss symptoms and medical history. Laboratory testing, such as blood and genetic tests. Imaging scans, such as computed tomography and magnetic resonance imaging scans. Histopathology, or microscopic tissue analysis, after death. Some neurodegenerative diseases are suspected, but a confirmed diagnosis is only possible after examining brain samples post autopsy. Other tests are possible and continue to be developed. 5 Neurodegenerative diseases are incurable and irreversible, but some of them can be treated in order to manage, limit, or slow symptom advancement and the resulting complications. Other neurodegenerative diseases have no treatment, meaning a more reactionary approach is taken versus preventive, i.e. treat the symptoms to promote the best quality of life. 6 Progressive Supranuclear Palsy Progressive supranuclear palsy (PSP) 7 is a rare, complex condition that affects the brain, resulting in muscle weakness that worsens over time, limiting the ability to walk, and causing 1 Cleveland Clinic, Neurodegenerative Diseases, available at https://my.clevelandclinic.org/health/diseases/24976- neurodegenerative-diseases (last visited Dec. 1, 2023). 2 Supra note 1. 3 Population Reference Bureau, Which U.S. States Have the Oldest Populations?, available at https://www.prb.org/resources/which-us-states-are-the-oldest/ (last visited Dec. 1, 2023). 4 Id. 5 Supra note 1. 6 Id. 7 Johns Hopkins Medicine, Progressive Supranuclear Palsy, available at https://www.hopkinsmedicine.org/health/conditions-and-diseases/progressive-supranuclear-palsy (last visted Dec. 1, 2023). BILL: CS/SB 186 Page 3 visual impairment. It is known as an atypical form of parkinsonism 8 , as well as a motor neuron disease. 9 PSP Risk Factors PSP occurs when brain cells in an area of the brain stem become damaged, but how or why these cells are damaged remains unknown. Although anyone could develop PSP, it is more common in men and those of late middle age or older. 10 PSP Symptoms and Complications Early signs of PSP can be subtle, but disease progression increases symptom severity. Problems with balance and rigidity or discomfort while walking often tend to be the first indicators of PSP. 11 Other symptoms include: 12 Increased forgetfulness and irritability. Unusual emotional outbursts, such as crying or laughing unexpectedly or at inappropriate times. Irrational anger. Hand tremors. Trouble controlling eye movement. Blurred vision. Slurred speech. Trouble swallowing. Dementia. Depression. Inability to control the eyelids, such as unwanted blinking or eye opening difficulty. A careful evaluation of symptoms can help diagnose PSP, but signs often mirror those of Parkinson’s disease, or even an inner ear infection, increasing the likelihood of misdiagnosis. However, key differences include: 13 Significant difficulty with speech and swallowing. Problems with eye movement, specifically when looking up or down. Leaning and falling backward versus forward. 8 Cleveland Clinic, Parkinsonism, available at https://my.clevelandclinic.org/health/diseases/22815-parkinsonism (last visited Dec. 1, 2023). 9 Cleveland Clinic, Neurodegenerative Diseases, available at https://my.clevelandclinic.org/health/diseases/24976- neurodegenerative-diseases (last visited Dec. 1, 2023). 10 Johns Hopkins Medicine, Progressive Supranuclear Palsy, available at https://www.hopkinsmedicine.org/health/conditions-and-diseases/progressive-supranuclear-palsy (last visted Dec. 1, 2023). 11 Id. 12 Id. 13 Id. BILL: CS/SB 186 Page 4 While PSP is not fatal, symptoms will worsen and, like all neurodegenerative diseases, it cannot be cured. Nevertheless, complications, such as pneumonia from the inhalation of food particles while choking, can be life threatening. 14 PSP Treatment Although there is no medicine or procedure to completely control the symptoms of PSP, there are strategies and methods available to assist in the management of symptoms, such as medications for the treatment of Parkinson’s disease to improve balance, flexibility of the muscles, and depression. 15 Other treatment options include: 16 Special glasses with prisms to improve vision. A weighted tool or aid to assist in walking and prevent falling backwards. Physical therapy and exercise to improve flexibility and decrease muscle atrophy. A feeding tube for when swallowing becomes too difficult. Other Neurodegenerative Diseases Other types of neurodegenerative diseases include: 17 Dementia-type diseases, which can cause progressive damage to various areas of the brain, resulting in neuron death and a wide range of symptoms. These include Alzheimer’s disease, frontotemporal dementia, chronic traumatic encephalopathy, Lewy body dementia, and limbic predominant age-related TDP-43 encephalopathy. Demyelinating diseases, which involve myelin damage or loss and can affect the sending and relaying of nerve signals. These include conditions such as multiple sclerosis and neuromyelitis optica spectrum disorder. Parkinsonism-type diseases, which involve damage to specific neurons in the brain that help manage coordination and precise control of muscle movements. These include Parkinson’s disease and other forms of parkinsonism. Motor neuron diseases, which involve the death of neurons that control movement. These include conditions such as amyotrophic lateral sclerosis and PSP. Risk Factors Although there are multiple causation factors attributed to most neurodegenerative diseases, a few have been identified as a stronger indicator than others. 18 Age: Older individuals are more likely to develop a neurodegenerative disease. Genetics: Spontaneous mutations can occur, specific mutations can be inherited, and a combination of genes can increase the risk of developing a neurodegenerative disease. 14 Id. 15 Id. 16 Id. 17 Cleveland Clinic, Neurodegenerative Diseases, available at https://my.clevelandclinic.org/health/diseases/24976- neurodegenerative-diseases (last visited Dec. 1, 2023). 18 Id. BILL: CS/SB 186 Page 5 Environment: Exposure to pollution, chemicals and toxins, certain types of infections, address, etc. Medical history: Specific medical events can catalyze or exacerbate some neurodegenerative conditions. Lifestyle: Habits, routine, and choices, such as food, fitness, smoking, etc. Symptoms and Complications The symptoms of neurodegenerative diseases can vary widely, even among people with the same condition, as each brain is unique, the causes of the disease can differ, and the symptoms are dependent on the part of the brain or nervous system that has been affected. However, a commonality in those diagnosed is the correlation between progression and independence, i.e., the further the disease advances, the less self-reliant an afflicted individual becomes. 19 In general, the following symptoms and complications are associated with neurodegenerative diseases: 20 Dementia-type diseases: Confusion, memory loss, trouble thinking or concentrating, and behavior changes. Demyelinating diseases: Tingling or numbness, pain, muscle spasms, weakness and paralysis, coordination issues, and fatigue. Parkinsonism-type diseases: Slowed movements, shaking and tremors, balance problems, shuffling steps, and hunched posture, as well as decreased strength, flexibility, agility, and reflexes, increasing the risk of falls and fractures. Motor neuron diseases: Muscle weakness that progresses to paralysis, as well as increased risk of pneumonia and other respiratory conditions. Executive Branch Structure Chapter 20, F.S., creates the organizational structure of the Executive Branch of state government, and s. 20.03, F.S., provides definitions for uniform nomenclature throughout the structure of the Executive Branch, including bodies created as adjuncts to Executive Branch departments, agencies, or offices. A “committee” or “task force” means an advisory body created without specific statutory enactment for a time not to exceed one year or created by specific statutory enactment for a time not to exceed three years and appointed to study a specific problem and recommend a solution or policy alternative with respect to that problem. Its existence terminates upon the completion of its assignment. III. Effect of Proposed Changes: Section 1 provides that, once enacted, the act may be cited as the “Justo R. Cortes Progressive Supranuclear Palsy Act.” Section 2 creates a non-statutory section of the Laws of Florida to require the State Surgeon General to establish a progressive supranuclear palsy (PSP) and other neurodegenerative diseases policy committee, a committee as defined in s. 20.03, F.S. The bill requires the Department of 19 Id. 20 Id. BILL: CS/SB 186 Page 6 Health (DOH) to provide staff and administrative support to the committee for the purposes of carrying out the following duties and responsibilities: Identifying the aggregate number of people diagnosed with PSP and other neurodegenerative diseases each year in this state. Identifying how data is collected regarding diagnoses of PSP and other neurodegenerative diseases and adverse health outcomes associated with such conditions. Identifying how PSP and other neurodegenerative diseases impact the lives of people in the state. Identifying the standard of care for the surveillance, detection, and treatment of PSP and other neurodegenerative diseases. Identifying emerging treatments, therapies, and research relating to PSP and other neurodegenerative diseases. Developing a risk surveillance system to help health care providers identify patients who may be at a higher risk of developing PSP and other neurodegenerative diseases. Developing policy recommendations to help improve patient awareness of PSP and other neurodegenerative diseases. Developing policy recommendations to help improve surveillance and detection of patients who may be at a higher risk of being diagnosed with PSP and other neurodegenerative diseases in licensed health care facilities, including hospitals, nursing homes, assisted living facilities, residential treatment facilities, and ambulatory surgical centers. Developing policy recommendations relating to guidelines that affect the standard of care for patients with PSP and other neurodegenerative diseases. Developing policy recommendations relating to providing patients and their families with written notice of increased risks of being diagnosed with PSP and other neurodegenerative diseases. The bill requires that the committee be composed of 20 members, including the State Surgeon General, health care providers, family members or caretakers of patients who have been diagnosed with PSP and other neurodegenerative diseases, advocates, and other interested parties and associations. The bill requires the President of the Senate and the Speaker of the House of Representatives to each appoint two members, and the State Surgeon General to appoint the chair and all other members of the committee. Members of the committee must be appointed by September 1, 2024, under the bill and shall serve without compensation for the entirety of the committee’s existence. The bill authorizes the chair to create subcommittees to help with research, scheduling speakers on important subjects, and drafting a committee report and policy recommendations. Meetings of the committee must be held through teleconference or other electronic means. The committee must meet for its initial meeting by October 1, 2024. Thereafter, the committee must meet upon the call of the chair or the request of a majority of the members. Notices for any scheduled meetings of the committee must be published in advance on the DOH’s website. The bill requires the State Surgeon General to submit a progress report detailing committee activities, as well as findings and recommendations, to the Governor, the President of the Senate, and the Speaker of the House of Representatives by January 4, 2025. The bill also requires the BILL: CS/SB 186 Page 7 State Surgeon General to submit a final report to the Governor and the Legislature by January 4, 2026. Both reports must be made available on the DOH’s website. The bill provides that the committee will sunset July 1, 2026, and this section of law will be repealed on that date. Section 3 provides an effective date of July 1, 2024. IV. Constitutional Issues: A. Municipality/County Mandates Restrictions: None. B. Public Records/Open Meetings Issues: None. C. Trust Funds Restrictions: None. D. State Tax or Fee Increases: None. E. Other Constitutional Issues: None. V. Fiscal Impact Statement: A. Tax/Fee Issues: None. B. Private Sector Impact: None. C. Government Sector Impact: The bill requires the DOH to provide administrative support for the committee. The costs of which can be absorbed within existing resources. VI. Technical Deficiencies: None. BILL: CS/SB 186 Page 8 VII. Related Issues: None. VIII. Statutes Affected: This bill creates undesignated sections of the Laws of Florida. IX. Additional Information: A. Committee Substitute – Statement of Changes: (Summarizing differences between the Committee Substitute and the prior version of the bill.) CS by Health Policy on December 5, 2023: The CS: Changes the workgroup to a committee, as defined in s. 20.03, F.S., and establishes the committee as the duty and responsibility of the State Surgeon General and the DOH in the Laws of Florida. Provides a September 1, 2024, deadline for committee appointments, and requires that members serve for the entirety of the committee’s existence. Requires, rather than allows, meetings to be held via teleconference or other electronic means. The initial committee meeting must be held by October 1, 2024, and all meetings thereafter occur upon the call of the chair or the request of a majority of the members. Notices for scheduled meetings of the committee must be published in advance on the DOH’s website. Requires both a progress and a final report that include details as to committee activities, in addition to findings and recommendations. These reports must be published on the DOH’s website. A submission deadline for the progress report is established as January 4, 2025. Provides a sunset date of July 1, 2026, for the committee. B. Amendments: None. This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.