Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1736
       
       
       
       
       
       
                                Barcode 615948                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Budget (Flores) recommended the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Between lines 2675 and 2676
    4  insert:
    5         (4) The agency may contract with:
    6         (b) An entity that is providing comprehensive behavioral
    7  health care services to certain Medicaid recipients through a
    8  capitated, prepaid arrangement pursuant to the federal waiver
    9  provided for by s. 409.905(5). Such entity must be licensed
   10  under chapter 624, chapter 636, or chapter 641, or authorized
   11  under paragraph (c) or paragraph (d), and must possess the
   12  clinical systems and operational competence to manage risk and
   13  provide comprehensive behavioral health care to Medicaid
   14  recipients. As used in this paragraph, the term “comprehensive
   15  behavioral health care services” means covered mental health and
   16  substance abuse treatment services that are available to
   17  Medicaid recipients. The secretary of the Department of Children
   18  and Family Services shall approve provisions of procurements
   19  related to children in the department’s care or custody before
   20  enrolling such children in a prepaid behavioral health plan. Any
   21  contract awarded under this paragraph must be competitively
   22  procured. In developing the behavioral health care prepaid plan
   23  procurement document, the agency shall ensure that the
   24  procurement document requires the contractor to develop and
   25  implement a plan to ensure compliance with s. 394.4574 related
   26  to services provided to residents of licensed assisted living
   27  facilities that hold a limited mental health license. Except as
   28  provided in subparagraph 8., and except in counties where the
   29  Medicaid managed care pilot program is authorized pursuant to s.
   30  409.91211, the agency shall seek federal approval to contract
   31  with a single entity meeting these requirements to provide
   32  comprehensive behavioral health care services to all Medicaid
   33  recipients not enrolled in a Medicaid managed care plan
   34  authorized under s. 409.91211, a provider service network
   35  authorized under paragraph (d), or a Medicaid health maintenance
   36  organization in an AHCA area. In an AHCA area where the Medicaid
   37  managed care pilot program is authorized pursuant to s.
   38  409.91211 in one or more counties, the agency may procure a
   39  contract with a single entity to serve the remaining counties as
   40  an AHCA area or the remaining counties may be included with an
   41  adjacent AHCA area and are subject to this paragraph. Each
   42  entity must offer a sufficient choice of providers in its
   43  network to ensure recipient access to care and the opportunity
   44  to select a provider with whom they are satisfied. The network
   45  shall include all public mental health hospitals. To ensure
   46  unimpaired access to behavioral health care services by Medicaid
   47  recipients, all contracts issued pursuant to this paragraph must
   48  require 80 percent of the capitation paid to the managed care
   49  plan, including health maintenance organizations and capitated
   50  provider service networks, to be expended for the provision of
   51  behavioral health care services. If the managed care plan
   52  expends less than 80 percent of the capitation paid for the
   53  provision of behavioral health care services, the difference
   54  shall be returned to the agency. The agency shall provide the
   55  plan with a certification letter indicating the amount of
   56  capitation paid during each calendar year for behavioral health
   57  care services pursuant to this section. The agency may reimburse
   58  for substance abuse treatment services on a fee-for-service
   59  basis until the agency finds that adequate funds are available
   60  for capitated, prepaid arrangements.
   61         1. By January 1, 2001, the agency shall modify the
   62  contracts with the entities providing comprehensive inpatient
   63  and outpatient mental health care services to Medicaid
   64  recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk
   65  Counties, to include substance abuse treatment services.
   66         2. By July 1, 2003, the agency and the Department of
   67  Children and Family Services shall execute a written agreement
   68  that requires collaboration and joint development of all policy,
   69  budgets, procurement documents, contracts, and monitoring plans
   70  that have an impact on the state and Medicaid community mental
   71  health and targeted case management programs.
   72         3. Except as provided in subparagraph 8., by July 1, 2006,
   73  the agency and the Department of Children and Family Services
   74  shall contract with managed care entities in each AHCA area
   75  except area 6 or arrange to provide comprehensive inpatient and
   76  outpatient mental health and substance abuse services through
   77  capitated prepaid arrangements to all Medicaid recipients who
   78  are eligible to participate in such plans under federal law and
   79  regulation. In AHCA areas where eligible individuals number less
   80  than 150,000, the agency shall contract with a single managed
   81  care plan to provide comprehensive behavioral health services to
   82  all recipients who are not enrolled in a Medicaid health
   83  maintenance organization, a provider service network authorized
   84  under paragraph (d), or a Medicaid capitated managed care plan
   85  authorized under s. 409.91211. The agency may contract with more
   86  than one comprehensive behavioral health provider to provide
   87  care to recipients who are not enrolled in a Medicaid capitated
   88  managed care plan authorized under s. 409.91211, a provider
   89  service network authorized under paragraph (d), or a Medicaid
   90  health maintenance organization in AHCA areas where the eligible
   91  population exceeds 150,000. In an AHCA area where the Medicaid
   92  managed care pilot program is authorized pursuant to s.
   93  409.91211 in one or more counties, the agency may procure a
   94  contract with a single entity to serve the remaining counties as
   95  an AHCA area or the remaining counties may be included with an
   96  adjacent AHCA area and shall be subject to this paragraph.
   97  Contracts for comprehensive behavioral health providers awarded
   98  pursuant to this section shall be competitively procured. Both
   99  for-profit and not-for-profit corporations are eligible to
  100  compete. Managed care plans contracting with the agency under
  101  subsection (3) or paragraph (d), shall provide and receive
  102  payment for the same comprehensive behavioral health benefits as
  103  provided in AHCA rules, including handbooks incorporated by
  104  reference. In AHCA area 11, the agency shall contract with at
  105  least two comprehensive behavioral health care providers to
  106  provide behavioral health care to recipients in that area who
  107  are enrolled in, or assigned to, the MediPass program. One of
  108  the behavioral health care contracts must be with the existing
  109  provider service network pilot project, as described in
  110  paragraph (d), for the purpose of demonstrating the cost
  111  effectiveness of the provision of quality mental health services
  112  through a public hospital-operated managed care model. Payment
  113  shall be at an agreed-upon capitated rate to ensure cost
  114  savings. Of the recipients in area 11 who are assigned to
  115  MediPass under s. 409.9122(2)(k), a minimum of 50,000 of those
  116  MediPass-enrolled recipients shall be assigned to the existing
  117  provider service network in area 11 for their behavioral care.
  118         4. By October 1, 2003, the agency and the department shall
  119  submit a plan to the Governor, the President of the Senate, and
  120  the Speaker of the House of Representatives which provides for
  121  the full implementation of capitated prepaid behavioral health
  122  care in all areas of the state.
  123         a. Implementation shall begin in 2003 in those AHCA areas
  124  of the state where the agency is able to establish sufficient
  125  capitation rates.
  126         b. If the agency determines that the proposed capitation
  127  rate in any area is insufficient to provide appropriate
  128  services, the agency may adjust the capitation rate to ensure
  129  that care will be available. The agency and the department may
  130  use existing general revenue to address any additional required
  131  match but may not over-obligate existing funds on an annualized
  132  basis.
  133         c. Subject to any limitations provided in the General
  134  Appropriations Act, the agency, in compliance with appropriate
  135  federal authorization, shall develop policies and procedures
  136  that allow for certification of local and state funds.
  137         5. Children residing in a statewide inpatient psychiatric
  138  program, or in a Department of Juvenile Justice or a Department
  139  of Children and Family Services residential program approved as
  140  a Medicaid behavioral health overlay services provider may not
  141  be included in a behavioral health care prepaid health plan or
  142  any other Medicaid managed care plan pursuant to this paragraph.
  143         6. In converting to a prepaid system of delivery, the
  144  agency shall in its procurement document require an entity
  145  providing only comprehensive behavioral health care services to
  146  prevent the displacement of indigent care patients by enrollees
  147  in the Medicaid prepaid health plan providing behavioral health
  148  care services from facilities receiving state funding to provide
  149  indigent behavioral health care, to facilities licensed under
  150  chapter 395 which do not receive state funding for indigent
  151  behavioral health care, or reimburse the unsubsidized facility
  152  for the cost of behavioral health care provided to the displaced
  153  indigent care patient.
  154         7. Traditional community mental health providers under
  155  contract with the Department of Children and Family Services
  156  pursuant to part IV of chapter 394, child welfare providers
  157  under contract with the Department of Children and Family
  158  Services in areas 1 and 6, and inpatient mental health providers
  159  licensed pursuant to chapter 395 must be offered an opportunity
  160  to accept or decline a contract to participate in any provider
  161  network for prepaid behavioral health services.
  162         8. All Medicaid-eligible children, except children in area
  163  1 and children in Highlands County, Hardee County, Polk County,
  164  or Manatee County of area 6, that are open for child welfare
  165  services in the HomeSafeNet system, shall receive their
  166  behavioral health care services through a specialty prepaid plan
  167  operated by community-based lead agencies through a single
  168  agency or formal agreements among several agencies. The agency
  169  shall work with the specialty plan to develop clinically
  170  effective, evidence-based alternatives as a downward
  171  substitution for the statewide inpatient psychiatric program and
  172  similar residential care and institutional services. The
  173  specialty prepaid plan must result in savings to the state
  174  comparable to savings achieved in other Medicaid managed care
  175  and prepaid programs. Such plan must provide mechanisms to
  176  maximize state and local revenues. The specialty prepaid plan
  177  shall be developed by the agency and the Department of Children
  178  and Family Services. The agency may seek federal waivers to
  179  implement this initiative. Medicaid-eligible children whose
  180  cases are open for child welfare services in the HomeSafeNet
  181  system and who reside in AHCA area 10 are exempt from the
  182  specialty prepaid plan upon the development of a service
  183  delivery mechanism for children who reside in area 10 as
  184  specified in s. 409.91211(3)(dd).
  185  
  186  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  187         And the directory clause is amended as follows:
  188         Delete lines 2612 - 2613
  189  and insert:
  190         Section 72. Paragraph (b) of subsection (4) and paragraph
  191  (a) of subsection (39) of section 409.912, Florida Statutes, are
  192  amended to read:
  193  
  194  ================= T I T L E  A M E N D M E N T ================
  195         And the title is amended as follows:
  196         Delete line 232
  197  and insert:
  198         F.S.; requiring the Agency for Health Care
  199         Administration to work with the specialty prepaid plan
  200         that provides behavioral health care services for
  201         certain Medicaid-eligible children to develop
  202         evidence-based alternatives for the statewide
  203         inpatient psychiatric program and other similar
  204         services; revising procedures for implementation of a