Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1884
       
       
       
       
       
       
                                Barcode 215006                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/25/2013           .                                
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       The Committee on Appropriations (Grimsley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 409.915, Florida Statutes, is amended to
    6  read:
    7         409.915 County contributions to Medicaid.—Although the
    8  state is responsible for the full portion of the state share of
    9  the matching funds required for the Medicaid program, in order
   10  to acquire a certain portion of these funds, the state shall
   11  charge the counties an annual contribution in order to acquire a
   12  certain portion of these funds for certain items of care and
   13  service as provided in this section.
   14         (1) As used in this section, the term “state Medicaid
   15  expenditures” means those expenditures used as matching funds
   16  for the federal Medicaid program.
   17         (2)(a)For the 2013-2014 state fiscal year, the total
   18  amount of the counties’ contribution is $269.6 million. For each
   19  fiscal year thereafter, the annual amount shall be adjusted by
   20  the percentage change in the state Medicaid expenditures as
   21  determined by the Social Services Estimating Conference.
   22         (b) By March 15 of each year, the Social Services
   23  Estimating Conference shall determine the percentage change in
   24  state Medicaid expenditures by comparing expenditures for the 2
   25  most recent completed state fiscal years.
   26         (3)(a)1.The amount of each county’s annual contribution is
   27  equal to the product of the amount determined under subsection
   28  (2) multiplied by the sum of the percentages calculated in sub
   29  subparagraphs a. and b.:
   30         a. The enrollment weight provided in subparagraph 2. is
   31  multiplied by a fraction, the numerator of which is the number
   32  of the county’s Medicaid enrollees as of March 1 of each year,
   33  and the denominator of which is the number of all counties’
   34  Medicaid enrollees as of March 1 of each year. The agency shall
   35  calculate this amount for each county and provide the
   36  information to the Department of Revenue by May 15 of each year.
   37         b. The payment weight provided in subparagraph 2. is
   38  multiplied by the percentage share of payments provided in
   39  subparagraph 3. for each county.
   40         2. The weights for each fiscal year are equal to:
   41  
   42  
   43                Weights                 
   44  Fiscal Year   Enrollment  Payment     
   45  2013-14       0%          100%        
   46  2014-15       16.67%      83.33%      
   47  2015-16       33.34%      66.66%      
   48  2016-17       50%         50%         
   49  2017-18       66.66%      33.34%      
   50  2018-19       83.33%      16.67%      
   51  2019-20+      100%        0%          
   52         3. The percentage share of payments for each county is:
   53  
   54  County           Share of Payments
   55  ALACHUA          1.278%           
   56  BAKER            0.116%           
   57  BAY              0.607%           
   58  BRADFORD         0.179%           
   59  BREVARD          2.471%           
   60  BROWARD          9.226%           
   61  CALHOUN          0.084%           
   62  CHARLOTTE        0.578%           
   63  CITRUS           0.663%           
   64  CLAY             0.635%           
   65  COLLIER          1.160%           
   66  COLUMBIA         0.557%           
   67  DADE (MIAMI-DADE)18.850%          
   68  DESOTO           0.167%           
   69  DIXIE            0.098%           
   70  DUVAL            5.336%           
   71  ESCAMBIA         1.614%           
   72  FLAGLER          0.397%           
   73  FRANKLIN         0.091%           
   74  GADSDEN          0.239%           
   75  GILCHRIST        0.078%           
   76  GLADES           0.055%           
   77  GULF             0.076%           
   78  HAMILTON         0.075%           
   79  HARDEE           0.110%           
   80  HENDRY           0.163%           
   81  HERNANDO         0.862%           
   82  HIGHLANDS        0.468%           
   83  HILLSBOROUGH     6.952%           
   84  HOLMES           0.101%           
   85  INDIAN RIVER     0.397%           
   86  JACKSON          0.218%           
   87  JEFFERSON        0.083%           
   88  LAFAYETTE        0.014%           
   89  LAKE             1.525%           
   90  LEE              2.511%           
   91  LEON             0.929%           
   92  LEVY             0.256%           
   93  LIBERTY          0.050%           
   94  MADISON          0.086%           
   95  MANATEE          1.622%           
   96  MARION           1.629%           
   97  MARTIN           0.352%           
   98  MONROE           0.262%           
   99  NASSAU           0.240%           
  100  OKALOOSA         0.566%           
  101  OKEECHOBEE       0.235%           
  102  ORANGE           6.680%           
  103  OSCEOLA          1.613%           
  104  PALM BEACH       5.898%           
  105  PASCO            2.391%           
  106  PINELLAS         6.644%           
  107  POLK             3.642%           
  108  PUTNAM           0.417%           
  109  SAINT JOHNS      0.459%           
  110  SAINT LUCIE      1.154%           
  111  SANTA ROSA       0.462%           
  112  SARASOTA         1.230%           
  113  SEMINOLE         1.739%           
  114  SUMTER           0.218%           
  115  SUWANNEE         0.252%           
  116  TAYLOR           0.103%           
  117  UNION            0.075%           
  118  VOLUSIA          2.298%           
  119  WAKULLA          0.103%           
  120  WALTON           0.229%           
  121  WASHINGTON       0.114%           
  122         (b)1. The Legislature intends to replace the county
  123  percentage share provided in subparagraph (a)3. with percentage
  124  shares based upon each county’s proportion of the total
  125  statewide amount of county billings made under this section from
  126  April 1, 2012, through March 31, 2013, for which the state
  127  ultimately receives payment.
  128         2. By February 1 of each year and continuing until a
  129  certification is made under sub-subparagraph b., the agency
  130  shall report to the President of the Senate and the Speaker of
  131  the House of Representatives the status of the county billings
  132  made under this section from April 1, 2012, through March 31,
  133  2013, by county, including:
  134         a. The amounts billed to each county which remain unpaid,
  135  if any; and
  136         b. A certification from the agency of a final accounting of
  137  the amount of funds received by the state from such billings, by
  138  county, upon the expiration of all appeal rights that counties
  139  may have to contest such billings.
  140         3. By March 15 of the state fiscal year in which the state
  141  receives the certification provided for in sub-subparagraph
  142  (b)2.b., the Social Services Estimating Conference shall
  143  calculate each county’s percentage share of the total statewide
  144  amount of county billings made under this section from April 1,
  145  2012, through March 31, 2013, for which the state ultimately
  146  receives payment.
  147         4. Beginning in the state fiscal year following the receipt
  148  by the state of the certification provided in sub-subparagraph
  149  (b)2.b., each county’s percentage share under subparagraph (a)3.
  150  shall be replaced by the percentage calculated under
  151  subparagraph (b)3.
  152         5. If the court invalidates the replacement of each
  153  county’s share as provided in this paragraph, the county share
  154  set forth in subparagraph (a)3. shall continue to apply.
  155         (4) By June 1 of each year, the Department of Revenue shall
  156  notify each county of its required annual contribution. Each
  157  county shall pay its contribution, by check or electronic
  158  transfer, in equal monthly installments to the department by the
  159  5th day of each month. If a county fails to remit the payment by
  160  the 5th day of the month, the department shall reduce the
  161  monthly distribution of that county pursuant to s. 218.61 and,
  162  if necessary, by the amount of the monthly installment pursuant
  163  to s. 218.26. The payments and the amounts by which the
  164  distributions are reduced shall be transferred to the General
  165  Revenue Fund.
  166         (1) Each county shall participate in the following items of
  167  care and service:
  168         (a) For both health maintenance members and fee-for-service
  169  beneficiaries, payments for inpatient hospitalization in excess
  170  of 10 days, but not in excess of 45 days, with the exception of
  171  pregnant women and children whose income is in excess of the
  172  federal poverty level and who do not participate in the Medicaid
  173  medically needy program, and for adult lung transplant services.
  174         (b) For both health maintenance members and fee-for-service
  175  beneficiaries, payments for nursing home or intermediate
  176  facilities care in excess of $170 per month, with the exception
  177  of skilled nursing care for children under age 21.
  178         (2) A county’s participation must be 35 percent of the
  179  total cost, or the applicable discounted cost paid by the state
  180  for Medicaid recipients enrolled in health maintenance
  181  organizations or prepaid health plans, of providing the items
  182  listed in subsection (1), except that the payments for items
  183  listed in paragraph (1)(b) may not exceed $55 per month per
  184  person.
  185         (3) Each county shall set aside sufficient funds to pay for
  186  items of care and service provided to the county’s eligible
  187  recipients for which county contributions are required,
  188  regardless of where in the state the care or service is
  189  rendered.
  190         (4) Each county shall contribute its pro rata share of the
  191  total county participation based upon statements rendered by the
  192  agency. The agency shall render such statements monthly based on
  193  each county’s eligible recipients. For purposes of this section,
  194  each county’s eligible recipients shall be determined by the
  195  recipient’s address information contained in the federally
  196  approved Medicaid eligibility system within the Department of
  197  Children and Family Services. A county may use the process
  198  developed under subsection (10) to request a refund if it
  199  determines that the statement rendered by the agency contains
  200  errors.
  201         (5) In any county in which a special taxing district or
  202  authority is located which benefits will benefit from the
  203  Medicaid program medical assistance programs covered by this
  204  section, the board of county commissioners may divide the
  205  county’s financial responsibility for this purpose
  206  proportionately, and each such district or authority must
  207  furnish its share to the board of county commissioners in time
  208  for the board to comply with subsection (4) (3). Any appeal of
  209  the proration made by the board of county commissioners must be
  210  made to the Department of Financial Services, which shall then
  211  set the proportionate share for of each party.
  212         (6) Counties are exempt from contributing toward the cost
  213  of new exemptions on inpatient ceilings for statutory teaching
  214  hospitals, specialty hospitals, and community hospital education
  215  program hospitals that came into effect July 1, 2000, and for
  216  special Medicaid payments that came into effect on or after July
  217  1, 2000.
  218         (6)(7)(a) By August 1, 2012, the agency shall certify to
  219  each county the amount of such county’s billings from November
  220  1, 2001, through April 30, 2012, which remain unpaid. A county
  221  may contest the amount certified by filing a petition under the
  222  applicable provisions of chapter 120 on or before September 1,
  223  2012. This procedure is the exclusive method to challenge the
  224  amount certified. In order to successfully challenge the amount
  225  certified, a county must show, by a preponderance of the
  226  evidence, that a recipient was not an eligible recipient of that
  227  county or that the amount certified was otherwise in error.
  228         (b) By September 15, 2012, the agency shall certify to the
  229  Department of Revenue:
  230         1. For each county that files a petition on or before
  231  September 1, 2012, the amount certified under paragraph (a); and
  232         2. For each county that does not file a petition on or
  233  before September 1, 2012, an amount equal to 85 percent of the
  234  amount certified under paragraph (a).
  235         (c) The filing of a petition under paragraph (a) does shall
  236  not stay or stop the Department of Revenue from reducing
  237  distributions in accordance with paragraph (b) and subsection
  238  (7) (8). If a county that files a petition under paragraph (a)
  239  is able to demonstrate that the amount certified should be
  240  reduced, the agency shall notify the Department of Revenue of
  241  the amount of the reduction. The Department of Revenue shall
  242  adjust all future monthly distribution reductions under
  243  subsection (7) (8) in a manner that results in the remaining
  244  total distribution reduction being applied in equal monthly
  245  amounts.
  246         (7)(8)(a) Beginning with the October 2012 distribution, the
  247  Department of Revenue shall reduce each county’s distributions
  248  pursuant to s. 218.26 by one thirty-sixth of the amount
  249  certified by the agency under subsection (6) (7) for that
  250  county, minus any amount required under paragraph (b). Beginning
  251  with the October 2013 distribution, the Department of Revenue
  252  shall reduce each county’s distributions pursuant to s. 218.26
  253  by one forty-eighth of two-thirds of the amount certified by the
  254  agency under subsection (6) (7) for that county, minus any
  255  amount required under paragraph (b). However, the amount of the
  256  reduction may not exceed 50 percent of each county’s
  257  distribution. If, after 60 months, the reductions for any county
  258  do not equal the total amount initially certified by the agency,
  259  the Department of Revenue shall continue to reduce such county’s
  260  distribution by up to 50 percent until the total amount
  261  certified is reached. The amounts by which the distributions are
  262  reduced shall be transferred to the General Revenue Fund.
  263         (b) As an assurance to holders of bonds issued before the
  264  effective date of this act to which distributions made pursuant
  265  to s. 218.26 are pledged, or bonds issued to refund such bonds
  266  which mature no later than the bonds they refunded and which
  267  result in a reduction of debt service payable in each fiscal
  268  year, the amount available for distribution to a county shall
  269  remain as provided by law and continue to be subject to any lien
  270  or claim on behalf of the bondholders. The Department of Revenue
  271  must ensure, based on information provided by an affected
  272  county, that any reduction in amounts distributed pursuant to
  273  paragraph (a) does not reduce the amount of distribution to a
  274  county below the amount necessary for the timely payment of
  275  principal and interest when due on the bonds and the amount
  276  necessary to comply with any covenant under the bond resolution
  277  or other documents relating to the issuance of the bonds. If a
  278  reduction to a county’s monthly distribution must be decreased
  279  in order to comply with this paragraph, the Department of
  280  Revenue must notify the agency of the amount of the decrease and
  281  the agency must send a bill for payment of such amount to the
  282  affected county.
  283         (9)(a) Beginning May 1, 2012, and each month thereafter,
  284  the agency shall certify to the Department of Revenue by the 7th
  285  day of each month the amount of the monthly statement rendered
  286  to each county pursuant to subsection (4). Beginning with the
  287  May 2012 distribution, the Department of Revenue shall reduce
  288  each county’s monthly distribution pursuant to s. 218.61 by the
  289  amount certified by the agency minus any amount required under
  290  paragraph (b). The amounts by which the distributions are
  291  reduced shall be transferred to the General Revenue Fund.
  292         (b) As an assurance to holders of bonds issued before the
  293  effective date of this act to which distributions made pursuant
  294  to s. 218.61 are pledged, or bonds issued to refund such bonds
  295  which mature no later than the bonds they refunded and which
  296  result in a reduction of debt service payable in each fiscal
  297  year, the amount available for distribution to a county shall
  298  remain as provided by law and continue to be subject to any lien
  299  or claim on behalf of the bondholders. The Department of Revenue
  300  must ensure, based on information provided by an affected
  301  county, that any reduction in amounts distributed pursuant to
  302  paragraph (a) does not reduce the amount of distribution to a
  303  county below the amount necessary for the timely payment of
  304  principal and interest when due on the bonds and the amount
  305  necessary to comply with any covenant under the bond resolution
  306  or other documents relating to the issuance of the bonds. If a
  307  reduction to a county’s monthly distribution must be decreased
  308  in order to comply with this paragraph, the Department of
  309  Revenue must notify the agency of the amount of the decrease and
  310  the agency must send a bill for payment of such amount to the
  311  affected county.
  312         (10) The agency, in consultation with the Department of
  313  Revenue and the Florida Association of Counties, shall develop a
  314  process for refund requests which:
  315         (a) Allows counties to submit to the agency written
  316  requests for refunds of any amounts by which the distributions
  317  were reduced as provided in subsection (9) and which set forth
  318  the reasons for the refund requests.
  319         (b) Requires the agency to make a determination as to
  320  whether a refund request is appropriate and should be approved,
  321  in which case the agency shall certify the amount of the refund
  322  to the department.
  323         (c) Requires the department to issue the refund for the
  324  certified amount to the county from the General Revenue Fund.
  325  The Department of Revenue may issue the refund in the form of a
  326  credit against reductions to be applied to subsequent monthly
  327  distributions.
  328         (8)(11) Beginning in the 2013-2014 fiscal year and each
  329  year thereafter through the 2020-2021 fiscal year, the Chief
  330  Financial Officer shall transfer from the General Revenue Fund
  331  to the Lawton Chiles Endowment Fund an amount equal to the
  332  amounts transferred to the General Revenue Fund in the previous
  333  fiscal year pursuant to subsections (4) and (7) subsections (8)
  334  and (9), reduced by the amount of refunds paid pursuant to
  335  subsection (10), which are in excess of the official estimate
  336  for medical hospital fees for such previous fiscal year adopted
  337  by the Revenue Estimating Conference on January 12, 2012, as
  338  reflected in the conference’s workpapers. By July 20 of each
  339  year, the Office of Economic and Demographic Research shall
  340  certify the amount to be transferred to the Chief Financial
  341  Officer. Such transfers must be made before July 31 of each year
  342  until the total transfers for all years equal $350 million. If
  343  In the event that such transfers do not total $350 million by
  344  July 1, 2021, the Legislature shall provide for the transfer of
  345  amounts necessary to total $350 million. The Office of Economic
  346  and Demographic Research shall publish the official estimates
  347  reflected in the conference’s workpapers on its website.
  348         (9)(12) The agency may adopt rules to administer this
  349  section.
  350         Section 2. Notwithstanding s. 409.915(3) and (4), Florida
  351  Statutes, as amended by this act, the amount of each county’s
  352  contribution during the 2013-2014 state fiscal year shall be
  353  determined and provided to the Department of Revenue by the
  354  Agency for Health Care Administration by June 15, 2013. The
  355  Department of Revenue shall notify each county of its annual
  356  contribution by June 20, 2013.
  357         Section 3. This act shall take effect upon becoming a law.
  358  
  359  ================= T I T L E  A M E N D M E N T ================
  360         And the title is amended as follows:
  361         Delete everything before the enacting clause
  362  and insert:
  363                        A bill to be entitled                      
  364         An act relating to county Medicaid contributions;
  365         amending s. 409.915, F.S.; specifying the total
  366         contribution for the year and specifying the method
  367         for determining the amount in the following years;
  368         revising the method for calculating each county’s
  369         contribution; providing tables for calculating county
  370         contributions; requiring the Agency for Health Care
  371         Administration to annually report the status of county
  372         billings to the Legislature; authorizing the
  373         Department of Revenue to withhold county distributions
  374         for failure to remit Medicaid contributions; deleting
  375         provisions specifying the care and services that
  376         counties must participate in, obsolete bond
  377         provisions, and a process for refund requests;
  378         specifying the method for calculating each county’s
  379         contribution for the 2013-2014 fiscal year; providing
  380         an effective date.