Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1986
       
       
       
       
       
       
                                Barcode 879426                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2009           .                                
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       The Committee on Health and Human Services Appropriations
       (Gaetz) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 552 - 798
    4  and insert:
    5         health agency rendering the services. However, this
    6  provision does not apply to a home health agency affiliated with
    7  a retirement community, of which the parent corporation or a
    8  related legal entity owns a rural health clinic certified under
    9  42 CFR, Part 491, Subpart A, Sections 1-11, a nursing home
   10  licensed under part II of chapter 400, and apartments and single
   11  family homes for independent living.
   12         4.The physician ordering the services has examined the
   13  recipient within the 30 days preceding the initial request for
   14  the services and biannually thereafter.
   15         5.The written prescription for the services includes the
   16  recipient’s acute or chronic medical condition or diagnosis, the
   17  home health service required, and for skilled nursing services
   18  the frequency and duration of the services.
   19         6.The national provider identifier, Medicaid
   20  identification number, or medical practitioner license number of
   21  the physician ordering the services is listed on the written
   22  prescription for the services, the claim for home health
   23  reimbursement, and the prior authorization request.
   24         Section 12. Subsection (1) of section 409.907, Florida
   25  Statutes, is amended to read:
   26         (1) Each provider agreement shall require the provider to
   27  comply fully with all state and federal laws pertaining to the
   28  Medicaid program, as well as all federal, state, and local laws
   29  pertaining to licensure, if required, and the practice of any of
   30  the healing arts, and shall require the provider to provide
   31  services or goods of not less than the scope and quality it
   32  provides to the general public. Providers physically located in
   33  the State of Florida may be enrolled as Medicaid providers. A
   34  provider located outside the State of Florida may be enrolled if
   35  the provider’s location is no more than 50 miles from the
   36  Florida state line, and the agency determines a need for that
   37  provider type to ensure adequate access to care.
   38         Section 13. Subsection (14) of section 409.912, Florida
   39  Statutes, is amended to read:
   40         409.912 Cost-effective purchasing of health care.—The
   41  agency shall purchase goods and services for Medicaid recipients
   42  in the most cost-effective manner consistent with the delivery
   43  of quality medical care. To ensure that medical services are
   44  effectively utilized, the agency may, in any case, require a
   45  confirmation or second physician’s opinion of the correct
   46  diagnosis for purposes of authorizing future services under the
   47  Medicaid program. This section does not restrict access to
   48  emergency services or poststabilization care services as defined
   49  in 42 C.F.R. part 438.114. Such confirmation or second opinion
   50  shall be rendered in a manner approved by the agency. The agency
   51  shall maximize the use of prepaid per capita and prepaid
   52  aggregate fixed-sum basis services when appropriate and other
   53  alternative service delivery and reimbursement methodologies,
   54  including competitive bidding pursuant to s. 287.057, designed
   55  to facilitate the cost-effective purchase of a case-managed
   56  continuum of care. The agency shall also require providers to
   57  minimize the exposure of recipients to the need for acute
   58  inpatient, custodial, and other institutional care and the
   59  inappropriate or unnecessary use of high-cost services. The
   60  agency shall contract with a vendor to monitor and evaluate the
   61  clinical practice patterns of providers in order to identify
   62  trends that are outside the normal practice patterns of a
   63  provider’s professional peers or the national guidelines of a
   64  provider’s professional association. The vendor must be able to
   65  provide information and counseling to a provider whose practice
   66  patterns are outside the norms, in consultation with the agency,
   67  to improve patient care and reduce inappropriate utilization.
   68  The agency may mandate prior authorization, drug therapy
   69  management, or disease management participation for certain
   70  populations of Medicaid beneficiaries, certain drug classes, or
   71  particular drugs to prevent fraud, abuse, overuse, and possible
   72  dangerous drug interactions. The Pharmaceutical and Therapeutics
   73  Committee shall make recommendations to the agency on drugs for
   74  which prior authorization is required. The agency shall inform
   75  the Pharmaceutical and Therapeutics Committee of its decisions
   76  regarding drugs subject to prior authorization. The agency is
   77  authorized to limit the entities it contracts with or enrolls as
   78  Medicaid providers by developing a provider network through
   79  provider credentialing. The agency may competitively bid single
   80  source-provider contracts if procurement of goods or services
   81  results in demonstrated cost savings to the state without
   82  limiting access to care. The agency may limit its network based
   83  on the assessment of beneficiary access to care, provider
   84  availability, provider quality standards, time and distance
   85  standards for access to care, the cultural competence of the
   86  provider network, demographic characteristics of Medicaid
   87  beneficiaries, practice and provider-to-beneficiary standards,
   88  appointment wait times, beneficiary use of services, provider
   89  turnover, provider profiling, provider licensure history,
   90  previous program integrity investigations and findings, peer
   91  review, provider Medicaid policy and billing compliance records,
   92  clinical and medical record audits, and other factors. Providers
   93  shall not be entitled to enrollment in the Medicaid provider
   94  network. The agency shall determine instances in which allowing
   95  Medicaid beneficiaries to purchase durable medical equipment and
   96  other goods is less expensive to the Medicaid program than long
   97  term rental of the equipment or goods. The agency may establish
   98  rules to facilitate purchases in lieu of long-term rentals in
   99  order to protect against fraud and abuse in the Medicaid program
  100  as defined in s. 409.913. The agency may seek federal waivers
  101  necessary to administer these policies.
  102         (14)(a) The agency shall operate or contract for the
  103  operation of utilization management and incentive systems
  104  designed to encourage cost-effective use of services and to
  105  eliminate services that are medically unnecessary. The agency
  106  shall track Medicaid provider prescription and billing patterns
  107  and evaluate them against Medicaid medical necessity criteria
  108  and coverage and limitation guidelines promulgated in rule.
  109  Medical necessity determination requires that service be
  110  consistent with symptoms or confirmed diagnosis of illness or
  111  injury under treatment and not in excess of the patient’s needs.
  112  The agency shall conduct reviews of provider exceptions to peer
  113  group norms and shall, using statistical methodologies, provider
  114  profiling and analysis of billing patterns, detect and
  115  investigate abnormal or unusual increases in billing or payment
  116  of claims for Medicaid services and medically unnecessary
  117  provision of services. Providers that demonstrate a pattern of
  118  submitting claims for medically unnecessary services shall be
  119  referred to the Medicaid program integrity unit for
  120  investigation. In its annual report, required in s. 409.913, the
  121  agency shall report on its efforts to control overutilization as
  122  described above.
  123         (b) The agency shall develop a procedure for determining
  124  whether health care providers and service vendors can provide
  125  the Medicaid program using a business case that demonstrates
  126  whether a particular good or service can offset the cost of
  127  providing the good or service in an alternative setting or
  128  through other means and therefore should receive a higher
  129  reimbursement. The business case must include, but need not be
  130  limited to:
  131         1. A detailed description of the good or service to be
  132  provided, a description and analysis of the agency’s current
  133  performance of the service, and a rationale documenting how
  134  providing the service in an alternative setting would be in the
  135  best interest of the state, the agency, and its clients.
  136         2. A cost-benefit analysis documenting the estimated
  137  specific direct and indirect costs, savings, performance
  138  improvements, risks, and qualitative and quantitative benefits
  139  involved in or resulting from providing the service. The cost
  140  benefit analysis must include a detailed plan and timeline
  141  identifying all actions that must be implemented to realize
  142  expected benefits. The Secretary of Health Care Administration
  143  shall verify that all costs, savings, and benefits are valid and
  144  achievable.
  145         (c) If the agency determines that the increased
  146  reimbursement is cost-effective, the agency shall recommend a
  147  change in the reimbursement schedule for that particular good or
  148  service. If, within 12 months after implementing any rate change
  149  under this procedure, the agency determines that costs were not
  150  offset by the increased reimbursement schedule, the agency may
  151  revert to the former reimbursement schedule for the particular
  152  good or service.
  153         Section 13. Subsections (2), (7), (11), (13), (14), (15),
  154  (21), (22), (24), (25), (27), (30), (31), and (36) of section
  155  409.913, Florida Statutes, are amended, and subsection (37) is
  156  added to that section, to read:
  157         409.913 Oversight of the integrity of the Medicaid
  158  program.—The agency shall operate a program to oversee the
  159  activities of Florida Medicaid recipients, and providers and
  160  their representatives, to ensure that fraudulent and abusive
  161  behavior and neglect of recipients occur to the minimum extent
  162  possible, and to recover overpayments and impose sanctions as
  163  appropriate. Beginning January 1, 2003, and each year
  164  thereafter, the agency and the Medicaid Fraud Control Unit of
  165  the Department of Legal Affairs shall submit a joint report to
  166  the Legislature documenting the effectiveness of the state’s
  167  efforts to control Medicaid fraud and abuse and to recover
  168  Medicaid overpayments during the previous fiscal year. The
  169  report must describe the number of cases opened and investigated
  170  each year; the sources of the cases opened; the disposition of
  171  the cases closed each year; the amount of overpayments alleged
  172  in preliminary and final audit letters; the number and amount of
  173  fines or penalties imposed; any reductions in overpayment
  174  amounts negotiated in settlement agreements or by other means;
  175  the amount of final agency determinations of overpayments; the
  176  amount deducted from federal claiming as a result of
  177  overpayments; the amount of overpayments recovered each year;
  178  the amount of cost of investigation recovered each year; the
  179  average length of time to collect from the time the case was
  180  opened until the overpayment is paid in full; the amount
  181  determined as uncollectible and the portion of the uncollectible
  182  amount subsequently reclaimed from the Federal Government; the
  183  number of providers, by type, that are terminated from
  184  participation in the Medicaid program as a result of fraud and
  185  abuse; and all costs associated with discovering and prosecuting
  186  cases of Medicaid overpayments and making recoveries in such
  187  cases. The report must also document actions taken to prevent
  188  overpayments and the number of providers prevented from
  189  enrolling in or reenrolling in the Medicaid program as a result
  190  of documented Medicaid fraud and abuse and must include policy
  191  recommendations recommend changes necessary to prevent or
  192  recover overpayments and changes necessary to prevent and detect
  193  Medicaid fraud. All policy recommendations in the report must
  194  include a detailed fiscal analysis, including, but not limited
  195  to, implementation costs, estimated savings to the Medicaid
  196  program, and the return on investment. The agency must submit
  197  the policy recommendations and fiscal analyses in the report to
  198  the appropriate estimating conference, pursuant to s. 216.137,
  199  by February 15 of each year. The agency and the Medicaid Fraud
  200  Control Unit of the Department of Legal Affairs each must
  201  include detailed unit-specific performance standards,
  202  benchmarks, and metrics in the report, including projected cost
  203  savings to the state Medicaid program during the following
  204  fiscal year.
  205         (2) The agency shall conduct, or cause to be conducted by
  206  contract or otherwise, reviews, investigations, analyses,
  207  audits, or any combination thereof, to determine possible fraud,
  208  abuse, overpayment, or recipient neglect in the Medicaid program
  209  and shall report the findings of any overpayments in audit
  210  reports as appropriate. At least 5 percent of all audits shall
  211  be conducted on a random basis. As part of its ongoing fraud
  212  detection activities, the agency shall identify and monitor, by
  213  contract or otherwise, patterns of overutilization of Medicaid
  214  services based on state averages. The agency shall track
  215  Medicaid provider prescription and billing patterns and evaluate
  216  them against Medicaid medical necessity criteria and coverage
  217  and limitation guidelines promulgated in rule. Medical necessity
  218  determination requires that service be consistent with symptoms
  219  or confirmed diagnosis of illness or injury under treatment and
  220  not in excess of the patient’s needs. The agency shall conduct
  221  reviews of provider exceptions to peer group norms and shall,
  222  using statistical methodologies, provider profiling and analysis
  223  of billing patterns, detect and investigate abnormal or unusual
  224  increases in billing or payment of claims for Medicaid services
  225  and medically unnecessary provision of services.
  226         (7) When presenting a claim for payment under the Medicaid
  227  program, a provider has an affirmative duty to supervise the
  228  provision of, and be responsible for, goods and services claimed
  229  to have been provided, to supervise and be responsible for
  230  preparation and submission of the claim, and to present a claim
  231  that is true and accurate and that is for goods and services
  232  that:
  233         (a) Have actually been furnished to the recipient by the
  234  provider prior to submitting the claim.
  235         (b) Are Medicaid-covered goods or services that are
  236  medically necessary.
  237         (c) Are of a quality comparable to those furnished to the
  238  general public by the provider’s peers.
  239         (d) Have not been billed in whole or in part to a recipient
  240  or a recipient’s responsible party, except for such copayments,
  241  coinsurance, or deductibles as are authorized by the agency.
  242         (e) Are provided in accord with applicable provisions of
  243  all Medicaid rules, regulations, handbooks, and policies and in
  244  accordance with federal, state, and local law.
  245         (f) Are documented by records made at the time the goods or
  246  services were provided, demonstrating the medical necessity for
  247  the goods or services rendered. Medicaid goods or services are
  248  excessive or not medically necessary unless both the medical
  249  basis and the specific need for them are fully and properly
  250  documented in the recipient’s medical record.
  251  
  252  The agency shall may deny payment or require repayment for goods
  253  or services that are not presented as required in this
  254  subsection.
  255         (11) The agency shall may deny payment or require repayment
  256  for inappropriate, medically unnecessary, or excessive goods or
  257  services from the person furnishing them, the person under whose
  258  supervision they were furnished, or the person causing them to
  259  be furnished.
  260         (13) The agency shall immediately may terminate
  261  participation of a Medicaid provider in the Medicaid program and
  262  may seek civil remedies or impose other administrative sanctions
  263  against a Medicaid provider, if the provider or any principal,
  264  officer, director, agent, managing employee, or affiliated
  265  person of the provider, or any partner or shareholder having an
  266  ownership interest in the provider equal to 5 percent or
  267  greater, has been:
  268         (a) Convicted of a criminal offense related to the delivery
  269  of any health care goods or services, including the performance
  270  of management or administrative functions relating to the
  271  delivery of health care goods or services;
  272         (b) Convicted of a criminal offense under federal law or
  273  the law of any state relating to the practice of the provider’s
  274  profession; or
  275         (c) Found by a court of competent jurisdiction to have
  276  neglected or physically abused a patient in connection with the
  277  delivery of health care goods or services.
  278  
  279  If the agency determines a provider did not participate or
  280  acquiesce in an offense in paragraphs (a), (b), or (c) of this
  281  subsection, a termination will not be imposed. If the agency
  282  effects a termination under this subsection, the agency shall
  283  issue an immediate final order pursuant to s. 120.569(2)(n).
  284  
  285  ================= T I T L E  A M E N D M E N T ================
  286         And the title is amended as follows:
  287         Delete lines 48 - 66
  288  and insert:
  289  unless specified requirements are satisfied; providing an
  290  exemption for home health agencies that meet certain
  291  requirements; amending s. 409.907; authorizing the Agency for
  292  Health Care Administration to enroll Medicaid providers located
  293  outside of the state of Florida if specified requirements are
  294  satisfied; amending s. 409.912, F.S.; requiring the Agency for
  295  Health Care Administration to establish norms for the
  296  utilization of Medicaid services; requiring the agency include
  297  information relating to the overutilization of Medicaid services
  298  in the annual report submitted by the Agency for Health Care
  299  Administration and the Medicaid Fraud Control Unit; amending s.
  300  409.913, F.S.; requiring that the annual report submitted by the
  301  Agency for Health Care Administration and the Medicaid Fraud
  302  Control Unit of the Department of Legal Affairs recommend
  303  changes necessary to prevent and detect Medicaid fraud;
  304  requiring the Agency for Health Care Administration to monitor
  305  patterns of overutilization of Medicaid services; requiring the
  306  agency to deny payment or require repayment for Medicaid
  307  services under certain circumstances; requiring the Agency for
  308  Health Care Administration to immediately terminate a Medicaid
  309  provider’s participation in the Medicaid program as a result of
  310  certain adjudications against the provider or certain affiliated
  311  persons; providing the Agency for Health Care Administration the
  312  discretion not to terminate certain providers; requiring