Florida Senate - 2010                                    SB 2532
       
       
       
       By Senator Peaden
       
       
       
       
       2-01694-10                                            20102532__
    1                        A bill to be entitled                      
    2         An act relating to a medical home pilot project;
    3         amending s. 409.91207, F.S.; requiring the Agency for
    4         Health Care Administration to establish a medical home
    5         pilot project; providing definitions; providing for
    6         the organization of medical home networks; requiring
    7         each medical home network to provide specified
    8         services; requiring the Secretary of Health Care
    9         Administration to appoint a task force to develop and
   10         implement the project; providing for the establishment
   11         of a statewide advisory panel; providing for
   12         membership and duties of the task force and the panel;
   13         providing for travel expenses and per diem for members
   14         of the task force, statewide advisory panel, and
   15         medical advisory group; directing the agency to
   16         provide staff support to the panel; directing the
   17         panel to establish a medical advisory group to promote
   18         and assist in the establishment of medical home
   19         networks; providing for enrollment of Medipass
   20         beneficiaries in the pilot project; authorizing the
   21         agency to designate priority areas in the state for
   22         the development of medical home networks; providing
   23         for financing of medical home networks; providing
   24         responsibilities of the agency; requiring the agency
   25         to adopt rules; providing for distribution of savings
   26         achieved by network providers under certain
   27         circumstances; providing for an appropriation;
   28         requiring the agency to collaborate with the Office of
   29         Insurance Regulation to encourage licensed insurers to
   30         incorporate the principles of the medical home network
   31         in insurance plans; directing the Department of
   32         Management Services to develop a medical home option
   33         in the state group insurance program; requiring
   34         medical home network providers to maintain certain
   35         records and data; providing an effective date.
   36  
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 409.91207, Florida Statutes, is amended
   40  to read:
   41         (Substantial rewording of section. See
   42         s. 409.91207, F.S., for present text.)
   43         409.91207 Medical home pilot project.—
   44         (1) PURPOSE AND PRINCIPLES.—The agency shall develop and
   45  implement a medical home pilot project. The purpose of the
   46  project is to establish an enhanced primary care case management
   47  program to test a medical home network model for coordinated and
   48  cost-effective care in a fee-for-service environment and to
   49  compare the performance of the medical home network model with
   50  other forms of managed care. The agency may test alternative
   51  payment rates and methods for designated medical homes that meet
   52  the quality and efficiency guidelines established by the agency.
   53  The medical home is intended to modify the processes and
   54  patterns of health care service delivery by applying the
   55  following principles:
   56         (a) A personal medical provider leads an interdisciplinary
   57  team of professionals who share the responsibility for providing
   58  ongoing care to a specific panel of patients.
   59         (b) The personal medical provider identifies a patient’s
   60  health care needs and responds to those needs through direct
   61  care or arrangements with other qualified providers.
   62         (c) Care is coordinated or integrated across all areas of
   63  health service delivery.
   64         (d) Information technology is integrated into delivery
   65  systems to enhance clinical performance and monitor patient
   66  outcomes.
   67         (2) DEFINITIONS.—As used in this section, the term:
   68         (a) “Case manager” means the person or persons employed by
   69  a medical home network or by a member of the network to work
   70  with primary care providers in the delivery of outreach, support
   71  services, and care coordination for medical home patients.
   72         (b) “Medical home network” means a group of primary care
   73  providers and other health professionals and facilities who
   74  agree to cooperate with one another in order to coordinate care
   75  for Medicaid beneficiaries assigned to primary care providers in
   76  the network.
   77         (c) “Primary care provider” means a federally qualified
   78  health center or a health professional practicing in the field
   79  of family medicine, general internal medicine, geriatric
   80  medicine, or pediatric medicine who is licensed as a physician
   81  under chapter 458 or chapter 459, a physician’s assistant
   82  performing services delegated by a supervising physician
   83  pursuant to s. 458.347 or s. 459.022, or a registered nurse
   84  certified as a nurse practitioner performing services pursuant
   85  to a protocol established with a supervising physician in
   86  accordance with s. 464.012.
   87         (d) “Principal network provider” means a member of a
   88  medical home network who serves as the principal liaison between
   89  the agency and that network and who accepts responsibility for
   90  communicating the agency’s directives concerning the project to
   91  all other network members.
   92         (e) “Tier One medical home” means a primary care provider
   93  designated by the agency as meeting the service capabilities
   94  established in paragraph (4)(a).
   95         (f) “Tier Two medical home” means a primary care provider
   96  designated by the agency as meeting the service capabilities
   97  established in paragraph (4)(b).
   98         (g) “Tier Three medical home” means a primary care provider
   99  designated by the agency as meeting the service capabilities
  100  established in paragraph (4)(c).
  101         (3) ORGANIZATION.—
  102         (a) Each participating primary care provider shall be a
  103  member of a medical home network and shall be designated by the
  104  agency as a Tier One, Tier Two, or Tier Three medical home upon
  105  certification by the provider of compliance with the service
  106  capabilities for that tier.
  107         (b) The members of each medical home network shall
  108  designate a principal network provider who shall be responsible
  109  for maintaining an accurate list of participating providers,
  110  forwarding this list to the agency and updating the list as
  111  requested by the agency, and facilitating communication between
  112  the agency and the participating providers.
  113         (4) SERVICE CAPABILITIES.—A medical home network shall
  114  provide primary care, coordinate services to control chronic
  115  illnesses, provide or arrange for pharmacy services, provide or
  116  arrange for outpatient diagnostic and specialty physician
  117  services, and provide for or coordinate with inpatient
  118  facilities and rehabilitative service providers.
  119         (a) Tier One medical homes shall have the capability to:
  120         1. Maintain a written copy of the mutual agreement between
  121  the medical home and the patient in the patient’s medical
  122  record.
  123         2. Supply all medically necessary primary and preventive
  124  services and provide all scheduled immunizations.
  125         3. Organize clinical data in paper or electronic form using
  126  a patient-centered charting system.
  127         4. Maintain and update patients’ medication lists and
  128  review all medications during each office visit.
  129         5. Maintain a system to track diagnostic tests and provide
  130  followup services regarding test results.
  131         6. Maintain a system to track referrals, including self
  132  referrals by members.
  133         7. Supply care coordination and continuity of care through
  134  proactive contact with members and encourage family
  135  participation in care.
  136         8. Supply education and support using various materials and
  137  processes appropriate for individual patient needs.
  138         (b) Tier Two medical homes shall have all of the
  139  capabilities of a Tier One medical home and shall have the
  140  additional capability to:
  141         1. Communicate electronically.
  142         2. Supply voice-to-voice telephone coverage to panel
  143  members 24 hours per day, 7 days per week, to enable patients to
  144  speak to a licensed health care professional who triages and
  145  forwards calls, as appropriate.
  146         3. Maintain an office schedule of at least 30 scheduled
  147  hours per week.
  148         4. Use scheduling processes to promote continuity with
  149  clinicians, including providing care for walk-in, routine, and
  150  urgent care visits.
  151         5. Implement and document behavioral health and substance
  152  abuse screening procedures and make referrals as needed.
  153         6. Use data to identify and track patients’ health and
  154  service use patterns.
  155         7. Coordinate care and followup for patients receiving
  156  services in inpatient and outpatient facilities.
  157         8. Implement processes to promote access to care and member
  158  communication.
  159         (c) Tier Three medical homes shall have all of the
  160  capabilities of Tier One and Tier Two medical homes and shall
  161  have the additional capability to:
  162         1. Maintain electronic medical records.
  163         2. Develop a health care team that provides ongoing
  164  support, oversight, and guidance for all medical care received
  165  by the patient and documents contact with specialists and other
  166  health care providers caring for the patient.
  167         3. Supply postvisit followup care for patients.
  168         4. Implement specific evidence-based clinical practice
  169  guidelines for preventive and chronic care.
  170         5. Implement a medication reconciliation procedure to avoid
  171  interactions or duplications.
  172         6. Use personalized screening, brief intervention, and
  173  referral to treatment procedures for appropriate patients
  174  requiring specialty treatment.
  175         7. Offer at least 4 hours per week of after-hours care to
  176  patients.
  177         8. Use health assessment tools to identify patient needs
  178  and risks.
  179         (5) TASK FORCE; ADVISORY PANEL.—
  180         (a) The Secretary of Health Care Administration shall
  181  appoint a task force by August 1, 2009, to assist the agency in
  182  the development and implementation of the medical home pilot
  183  project. The task force must include, but is not limited to,
  184  representatives of providers who could potentially participate
  185  in a medical home network, Medicaid recipients, and existing
  186  MediPass and managed care providers. Members of the task force
  187  shall serve without compensation but are entitled to
  188  reimbursement for per diem and travel expenses as provided in s.
  189  112.061. When the statewide advisory panel created pursuant to
  190  paragraph (b) has been appointed, the task force shall dissolve.
  191         (b) A statewide advisory panel shall be established to
  192  advise the agency on the development and implementation of the
  193  medical home pilot project and to promote communication among
  194  medical home networks. The panel shall consist of seven members,
  195  who shall be appointed as follows:
  196         1. Two members appointed by the Speaker of the House of
  197  Representatives, one of whom shall be a primary care physician
  198  licensed under chapter 458 or chapter 459 and one of whom shall
  199  be a representative of a hospital licensed under chapter 395.
  200         2. Two members appointed by the President of the Senate,
  201  one of whom shall be a physician licensed under chapter 458 or
  202  chapter 459 who is a board-certified specialist and one of whom
  203  shall be a representative of a Florida medical school.
  204         3. Two members appointed by the Governor, one of whom shall
  205  be a representative of a Florida-licensed insurer or a health
  206  maintenance organization and one of whom shall be a
  207  representative of Medicaid consumers.
  208         4. The Secretary of Health Care Administration or his or
  209  her designee.
  210         (c) Members of the statewide advisory panel shall serve
  211  without compensation but may be reimbursed for per diem and
  212  travel expenses as provided in s. 112.061.
  213         (d) The agency shall provide staff support to assist the
  214  panel in the performance of its duties.
  215         (e) The statewide advisory panel shall establish a medical
  216  advisory group consisting of physicians licensed under chapter
  217  458 or chapter 459 who shall act as ambassadors to their
  218  communities for the promotion of and assistance in the
  219  establishment of medical home networks. Members of the medical
  220  advisory group shall serve without compensation, but are
  221  entitled to reimbursement for per diem and travel expenses as
  222  provided in s. 112.061.
  223         (6) ENROLLMENT.—Each Medipass beneficiary served by a
  224  designated Tier One, Tier Two, or Tier Three medical home shall
  225  be given a choice to enroll in a medical home network.
  226  Enrollment shall be effective upon the agency’s receipt of a
  227  participation agreement signed by the beneficiary.
  228         (7) PRIORITY AREAS.—The agency may designate primary care
  229  providers in any area of the state in which Medipass operates
  230  and shall identify priority areas for the development of medical
  231  home networks based on an analysis of emergency department use
  232  and rates of hospitalization for ambulatory care-sensitive
  233  conditions. In these priority areas, the agency shall conduct
  234  outreach to Medicaid primary care providers to explain the
  235  medical home network model and encourage participation in the
  236  pilot project. At least one medical home shall be designated in
  237  each priority area by October 1, 2010.
  238         (8) FINANCING.—
  239         (a) Subject to a specific appropriation provided for in the
  240  General Appropriations Act, medical home network members shall
  241  be eligible to receive an enhanced case management fee. The Tier
  242  One medical homes shall receive a base fee equal to 110 percent
  243  of the standard Medipass case management fee. Tier Two medical
  244  homes shall receive a base fee equal to 130 percent of the
  245  enhanced fee for Tier One medical homes. Tier Three medical
  246  homes shall receive a base fee equal to 200 percent of the
  247  enhanced fee for Tier One medical homes. The base fee for each
  248  tier shall be adjusted based on the age, gender, and eligibility
  249  of the enrollees.
  250         (b) Services provided by a medical home network shall be
  251  reimbursed based on claims filed for Medicaid fee-for-service
  252  payments.
  253         (c) Any hospital, as defined in s. 395.002(12),
  254  participating in a medical home network and employing case
  255  managers for the network shall be eligible to receive a credit
  256  against the assessment imposed under s. 395.701. The credit is
  257  compensation for participating in the medical home network by
  258  providing case management and other medical home network
  259  services.
  260         1. The credit shall be prorated based on the number of
  261  full-time equivalent case managers hired but shall not be less
  262  than $75,000 for each full-time equivalent case manager. The
  263  total credit may not exceed $450,000 for any hospital for any
  264  state fiscal year.
  265         2. To qualify for the credit, the hospital must employ each
  266  full-time equivalent case manager for the entire hospital fiscal
  267  year for which the credit is claimed.
  268         3. The hospital must certify the number of full-time
  269  equivalent case managers for whom it is entitled to a credit
  270  using the certification process required under s. 395.701(2)(a).
  271         4. The agency shall calculate the amount of the credit and
  272  reduce the certified assessment for the hospital by the amount
  273  of the credit.
  274         (d) The enhanced payments to primary care providers shall
  275  not affect the calculation of capitated rates under this
  276  chapter.
  277         (9) AGENCY DUTIES; RULEMAKING AUTHORITY.–
  278         (a) The agency shall:
  279         1. Designate primary care providers as Tier One, Tier Two,
  280  or Tier Three medical homes consistent with the principles and
  281  applicable service capabilities of each primary care provider as
  282  provided in subsections (1) and (4).
  283         2. Develop a standard form to assess the implementation of
  284  the principles and service capabilities of each medical home
  285  tier as provided in subsections (1) and (4) to be executed by
  286  primary care providers in certifying to the agency that they
  287  meet the necessary principles and service capabilities for the
  288  tier in which they seek to be designated.
  289         3. Base any alternative payment rates and methods that may
  290  be established for medical homes on quality indicators that
  291  demonstrate improved patient outcomes compared to the Medicaid
  292  fee-for-service system, such as reductions in hospitalizations
  293  due to preventable causes, readmission rates, or emergency
  294  department use rates and efficiencies in the form of savings
  295  associated with these and other quality indicators.
  296         4. Develop a process for designating as Tier One, Tier Two,
  297  or Tier Three medical home managed care organizations that
  298  establish policies and procedures consistent with the principles
  299  and corresponding service capabilities provided for in
  300  subsections (1) and (4) and provide documentation that such
  301  policies and procedures have been implemented.
  302         5. Establish a participation agreement to be executed by
  303  Medipass recipients who choose to participate in the medical
  304  home pilot project.
  305         6. Analyze spending for enrolled medical home network
  306  patients compared to capitation rates that would have been paid
  307  for these medical home patients if they had been assigned to a
  308  prepaid health plan. The agency shall report the aggregated
  309  results of this comparison to the Social Services Estimating
  310  Conference.
  311         7. Report and publish medical home network financial
  312  performance on a quarterly basis. Annual assessments of spending
  313  pursuant to subparagraph 6. shall be submitted to the President
  314  of the Senate and the Speaker of the House of Representatives by
  315  March 1, 2011, February 1, 2012, and February 1, 2013.
  316         8. Report community network utilization performance. The
  317  agency shall contract with the University of South Florida to
  318  evaluate the use and determine any change in the use of
  319  emergency departments, in-hospital care, and pharmaceuticals by
  320  patients in the medical home pilot project. An initial
  321  assessment of the utilization performance shall be submitted to
  322  the President of the Senate and the Speaker of the House of
  323  Representatives by March 1, 2011.
  324         (b) The agency shall adopt any rules necessary for the
  325  implementation and administration of this section.
  326         (10) ACHIEVED SAVINGS.—Each medical home network that
  327  achieves savings equal to or greater than the spending that
  328  would have occurred if its enrollees participated in prepaid
  329  health plans is eligible to receive funding based on the
  330  identified savings pursuant to a specific appropriation provided
  331  for in the General Appropriations Act. The savings shall be
  332  distributed as a multiplier to Medicaid fees paid to primary
  333  care and principal network providers during the period of the
  334  earned savings. Subject to a specific appropriation, it is the
  335  intent of the Legislature that the savings that result from the
  336  implementation of the medical home network model be used to
  337  enable Medicaid fees to physicians participating in medical home
  338  networks to be equivalent to 100 percent of Medicare rates as
  339  soon as possible.
  340         (11) COLLABORATION WITH PRIVATE INSURERS.—To enable the
  341  state to participate in federal gainsharing initiatives, the
  342  agency shall collaborate with the Office of Insurance Regulation
  343  to encourage Florida-licensed insurers to incorporate medical
  344  home network principles in the design of their individual and
  345  employment-based plans. The Department of Management Services is
  346  directed to develop a medical home option in the state group
  347  insurance program.
  348         (12) QUALITY ASSURANCE AND ACCOUNTABILITY.—Each primary
  349  care and principal network provider participating in a medical
  350  home network shall maintain medical records and clinical data
  351  necessary to assess the use, cost, and outcome of services
  352  provided to enrollees.
  353         Section 2. This act shall take effect July 1, 2010.