Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 119, 1st Eng.
       
       
       
       
       
       
                                Barcode 256010                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1J/AD/2R         .           Floor: RC            
             05/06/2011 07:05 PM       .      05/06/2011 10:48 PM       
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       Senator Garcia moved the following:
       
    1         Senate Amendment to Amendment (258560) (with title
    2  amendment)
    3  
    4         Between lines 2937 and 2938
    5  insert:
    6         Section 74. Section 409.981, Florida Statutes, is created
    7  to read:
    8         409.981 Eligible long-term care plans.—
    9         (1) ELIGIBLE PLANS.—Provider service networks must be long
   10  term care provider service networks. Other eligible plans may be
   11  long-term care plans or comprehensive long-term care plans.
   12         (2) ELIGIBLE PLAN SELECTION.—The agency shall select
   13  eligible plans through the procurement process described in s.
   14  409.966. The agency shall provide notice of invitations to
   15  negotiate by July 1, 2012. The agency shall procure:
   16         (a) Two plans for Region 1. At least one plan must be a
   17  provider service network if any provider service networks submit
   18  a responsive bid.
   19         (b) Two plans for Region 2. At least one plan must be a
   20  provider service network if any provider service networks submit
   21  a responsive bid.
   22         (c) At least three plans and up to five plans for Region 3.
   23  At least one plan must be a provider service network if any
   24  provider service networks submit a responsive bid.
   25         (d) At least three plans and up to five plans for Region 4.
   26  At least one plan must be a provider service network if any
   27  provider service network submits a responsive bid.
   28         (e) At least two plans and up to 4 plans for Region 5. At
   29  least one plan must be a provider service network if any
   30  provider service networks submit a responsive bid.
   31         (f) At least four plans and up to seven plans for Region 6.
   32  At least one plan must be a provider service network if any
   33  provider service networks submit a responsive bid.
   34         (g) At least three plans and up to 6 plans for Region 7. At
   35  least one plan must be a provider service networks if any
   36  provider service networks submit a responsive bid.
   37         (h) At least two plans and up to four plans for Region 8.
   38  At least one plan must be a provider service network if any
   39  provider service networks submit a responsive bid.
   40         (i) At least two plans and up to four plans for Region 9.
   41  At least one plan must be a provider service network if any
   42  provider service networks submit a responsive bid.
   43         (j) At least two plans and up to four plans for Region 10.
   44  At least one plan must be a provider service network if any
   45  provider service networks submit a responsive bid.
   46         (k) At least five plans and up to ten plans for Region 11.
   47  At least one plan must be a provider service network if any
   48  provider service networks submit a responsive bid.
   49  
   50  If no provider service network submits a responsive bid in a
   51  region other than Region 1 or Region 2, the agency shall procure
   52  no more than one less than the maximum number of eligible plans
   53  permitted in that region. Within 12 months after the initial
   54  invitation to negotiate, the agency shall attempt to procure a
   55  provider service network. The agency shall notice another
   56  invitation to negotiate only with provider service networks in
   57  regions where no provider service network has been selected.
   58         (3) QUALITY SELECTION CRITERIA.—In addition to the criteria
   59  established in s. 409.966, the agency shall consider the
   60  following factors in the selection of eligible plans:
   61         (a) Evidence of the employment of executive managers with
   62  expertise and experience in serving aged and disabled persons
   63  who require long-term care.
   64         (b) Whether a plan has established a network of service
   65  providers dispersed throughout the region and in sufficient
   66  numbers to meet specific service standards established by the
   67  agency for specialty services for persons receiving home and
   68  community-based care.
   69         (c) Whether a plan is proposing to establish a
   70  comprehensive long-term care plan and whether the eligible plan
   71  has a contract to provide managed medical assistance services in
   72  the same region.
   73         (d) Whether a plan offers consumer-directed care services
   74  to enrollees pursuant to s. 409.221.
   75         (e) Whether a plan is proposing to provide home and
   76  community-based services in addition to the minimum benefits
   77  required by s. 409.98.
   78         (4) PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY.
   79  Participation by the Program of All-Inclusive Care for the
   80  Elderly (PACE) shall be pursuant to a contract with the agency
   81  and not subject to the procurement requirements or regional plan
   82  number limits of this section. PACE plans may continue to
   83  provide services to individuals at such levels and enrollment
   84  caps as authorized by the General Appropriations Act.
   85         (5) MEDICARE PLANS.—Participation by a Medicare Advantage
   86  Preferred Provider Organization, Medicare Advantage Provider
   87  sponsored Organization, Medicare Advantage Special Needs Plan,
   88  Medicare Advantage health maintenance organizations, or Medicare
   89  Advantage coordinated care plans shall be pursuant to a contract
   90  with the agency and not subject to the procurement requirements
   91  if the plan’s Medicaid enrollees consist exclusively of
   92  recipients who are deemed dually eligible for Medicaid and
   93  Medicare services. Otherwise, Medicare Advantage Preferred
   94  Provider Organizations, Medicare Advantage Provider-Sponsored
   95  Organizations, Medicare Advantage Special Needs Plans, Medicare
   96  Advantage health maintenance organizations, and Medicare
   97  Advantage coordinated care plans are subject to all procurement
   98  requirements.
   99         Section 75. Section 409.984, Florida Statutes, is created
  100  to read:
  101         409.984 Enrollment in a long-term care managed care plan.—
  102         (1) The agency shall automatically enroll into a long-term
  103  care managed care plan those Medicaid recipients who do not
  104  voluntarily choose a plan pursuant to s. 409.969. The agency
  105  shall automatically enroll recipients in plans that meet or
  106  exceed the performance or quality standards established pursuant
  107  to s. 409.967 and may not automatically enroll recipients in a
  108  plan that is deficient in those performance or quality
  109  standards. If a recipient is deemed dually eligible for Medicaid
  110  and Medicare services and is currently receiving Medicare
  111  services from an entity qualified under 42 C.F.R. part 422 as a
  112  Medicare Advantage Preferred Provider Organization, Medicare
  113  Advantage Provider-sponsored Organization, Medicare Advantage
  114  Special Needs Plan, Medicare Advantage health maintenance
  115  organization, or Medicare Advantage coordinated care plan, the
  116  agency shall automatically enroll the recipient in such plan for
  117  Medicaid services if the plan is currently participating in the
  118  long-term care managed care program. Except as otherwise
  119  provided in this part, the agency may not engage in practices
  120  that are designed to favor one managed care plan over another.
  121         (1) When automatically enrolling recipients in plans, the
  122  agency shall take into account the following criteria:
  123         (a) Whether the plan has sufficient network capacity to
  124  meet the needs of the recipients.
  125         (b) Whether the recipient has previously received services
  126  from one of the plan’s home and community-based service
  127  providers.
  128         (c) Whether the home and community-based providers in one
  129  plan are more geographically accessible to the recipient’s
  130  residence than those in other plans.
  131         (3) Notwithstanding s. 409.969(3)(c), if a recipient is
  132  referred for hospice services, the recipient has 30 days during
  133  which the recipient may select to enroll in another managed care
  134  plan to access the hospice provider of the recipient’s choice.
  135         (4) If a recipient is referred for placement in a nursing
  136  home or assisted living facility, the plan must inform the
  137  recipient of any facilities within the plan that have specific
  138  cultural or religious affiliations and, if requested by the
  139  recipient, make a reasonable effort to place the recipient in
  140  the facility of the recipient’s choice.
  141  
  142  ================= T I T L E  A M E N D M E N T ================
  143         And the title is amended as follows:
  144         Delete line 4902
  145  and insert:
  146         psychiatric facility; creating s. 409.981, F.S.;
  147         providing criteria for eligible plans; designating
  148         regions for plan implementation throughout the state;
  149         providing criteria for the selection of plans to
  150         participate in the long-term care managed care
  151         program; providing that participation by the Program
  152         of All-Inclusive Care for the Elderly and certain
  153         Medicare plans is pursuant to an agency contract and
  154         not subject to procurement; creating s. 409.984, F.S.;
  155         providing criteria for automatic assignments of plan
  156         enrollees who fail to choose a plan; providing for
  157         hospice selection within a specified timeframe;
  158         providing for a choice of residential setting under
  159         certain circumstances; amending s. 429.07, F.S.;