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House Bill 1523er

ENROLLED 1997 Legislature HB 1523, First Engrossed 1 2 An act relating to long-term care; providing 3 legislative findings and intent; creating the 4 "Long-Term Care Community Diversion Pilot 5 Project Act"; providing definitions; providing 6 for evaluation of criteria and procedures for 7 long-term care through community diversion 8 pilot projects; providing for design and 9 implementation of pilot projects; providing for 10 funding and participant cost-sharing; providing 11 for selection of pilot project areas; providing 12 service requirements; providing for quality of 13 care standards; authorizing contracts for 14 managed care services; revising 15 certificate-of-need nursing home bed need 16 methodology to accommodate pilot project 17 development; requiring annual reports; 18 requiring independent evaluation of pilot 19 projects; specifying responsibilities of the 20 Department of Elderly Affairs and the Agency 21 for Health Care Administration; creating the 22 long-term care interagency advisory council; 23 providing for appointment of members; providing 24 council duties; amending s. 400.071, F.S.; 25 authorizing the agency to consider specified 26 certificate-of-need review criteria for nursing 27 homes; providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 1 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1523, First Engrossed 1 Section 1. Legislative findings and intent.--The 2 Legislature finds that state expenditures for long-term care 3 services continue to increase at a rapid rate and that Florida 4 faces increasing pressure in its efforts to meet the long-term 5 care needs of the public. It is the intent of the Legislature 6 that the Department of Elderly Affairs, in consultation with 7 the Agency for Health Care Administration, implement long-term 8 care community diversion pilot projects to test the 9 effectiveness of managed care and outcome-based reimbursement 10 principles when applied to long-term care. 11 Section 2. Short title.--This act may be cited as the 12 "Long-Term Care Community Diversion Pilot Project Act." 13 Section 3. Definitions.--As used in this act, the 14 term: 15 (1) "Agency" means the Agency for Health Care 16 Administration. 17 (2) "Community diversion" means a strategy that places 18 participants in the most appropriate care settings and 19 provides comprehensive home and community-based services of 20 sufficient quantity, type, and duration to prevent or delay 21 the need for long-term placement in a nursing facility. 22 (3) "Community diversion pilot project" means any 23 pilot service delivery system that places participants in the 24 most appropriate care settings and provides comprehensive home 25 and community-based services of sufficient quantity, type, and 26 duration to prevent or delay the need for long-term placement 27 in a nursing facility. 28 (4) "Community diversion pilot project area" means a 29 geographic area selected by the department where the 30 department will conduct a community diversion pilot project. 31 2 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1523, First Engrossed 1 (5) "Department" means the Department of Elderly 2 Affairs. 3 (6) "Managed care organization" means an entity that 4 meets the requirements of the Department of Insurance for 5 operation as a health maintenance organization and meets the 6 qualifications for participation as a managed care 7 organization established by the agency and the department. 8 (7) "Participant" means an individual enrolled in a 9 community diversion pilot project. 10 Section 4. Evaluation of long-term care through the 11 pilot projects.-- 12 (1) The department shall evaluate the Comprehensive 13 Assessment and Review for Long-Term Care (CARES) Program 14 processes, procedures, and instruments, and its ability to 15 predict nursing home placement. The department may revise 16 these processes, procedures, and instruments as necessary to 17 increase the number of persons diverted from institutional 18 placement. Nothing in this section shall be construed to 19 prevent the department from directing CARES to review and 20 evaluate nursing home residents. The department shall: 21 (a) Ensure that the CARES process is an effective 22 predictor of the need for nursing facility care; and 23 (b) Assess the use of CARES as a single entry point 24 for aging and long-term care services. 25 (2) The department shall develop a capitation 26 rate-setting method that: 27 (a) Assures sufficient savings from the state Medicaid 28 nursing home budget category to fund the community diversion 29 pilot projects; and 30 31 3 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1523, First Engrossed 1 (b) Assures that expenditures do not exceed the 2 average nursing home cost in the pilot project area, excluding 3 Medicaid acute care costs and Medicaid cost-sharing. 4 (3) The department shall evaluate: 5 (a) The standards in existing Medicaid managed care 6 contracts to determine if they are sufficient to assure 7 access, quality, and cost-effectiveness of services for frail 8 elders. 9 (b) The cost-effectiveness of the services provided by 10 the pilot projects. 11 (c) The impact of nursing home bed growth on state 12 expenditures. 13 (d) Methods to encourage competition among long-term 14 care service providers that will improve service quality, 15 price, and participant satisfaction. 16 (e) Criteria for selecting the managed care 17 organizations, including, but not limited to, quality 18 assurance processes, grievance procedures, service costs, 19 accessibility, adequacy of provider networks, and 20 administrative costs. 21 (f) Criteria for participant eligibility. 22 Section 5. Implementation of the long-term care 23 community diversion pilot projects.-- 24 (1) In designing and implementing the community 25 diversion pilot projects, the department shall work in 26 consultation with the agency. 27 (2) The department shall select projects whose design 28 and providers demonstrate capacity to maximize the placement 29 of participants in the least restrictive appropriate care 30 setting. 31 4 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1523, First Engrossed 1 (3) The department shall provide to prospective 2 participants a choice of participating in a community 3 diversion pilot project or any other appropriate placement 4 available. To the extent possible, individuals shall be 5 allowed to choose their care providers. 6 (4) The department shall enroll participants. 7 Providers shall not directly enroll participants in community 8 diversion pilot projects. 9 (5) In selecting the pilot project area, the 10 department shall consider the following factors in the area: 11 (a) The nursing home occupancy level. 12 (b) The number of certificates of need awarded for 13 nursing home beds for which renovation, expansion, or 14 construction has not begun. 15 (c) The annual number of additional nursing home beds. 16 (d) The annual number of nursing home admissions. 17 (e) The adequacy of community-based long-term care 18 service providers. 19 (6) The department may require participants to 20 contribute to their cost of care in an amount not to exceed 21 the cost-sharing required of Medicaid-eligible nursing home 22 residents. 23 (7) Community diversion pilot projects must: 24 (a) Provide services for participants that are of 25 sufficient quality, quantity, type, and duration to prevent or 26 delay nursing facility placement. 27 (b) Integrate acute and long-term care services, and 28 the funding sources for such services, as feasible. 29 (c) Encourage individuals, families, and communities 30 to plan for their long-term care needs. 31 5 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1523, First Engrossed 1 (d) Provide skilled and intermediate nursing facility 2 care for participants who cannot be adequately cared for in 3 noninstitutional settings. 4 Section 6. Quality of care.--The department, in 5 consultation with the agency, shall develop quality of care 6 standards for community diversion pilot projects. Such 7 standards shall apply to all contractors and subcontractors, 8 and must include, but are not limited to, outcome measures, 9 utilization review, grievance and conflict resolution, patient 10 satisfaction, and care and service standards. 11 Section 7. Contracts.--The department, in consultation 12 with the agency, shall select and contract with managed care 13 organizations to provide long-term care within community 14 diversion pilot project areas. 15 Section 8. Certificate of need.--To ensure that 16 Medicaid community diversion pilot projects result in a 17 reduction in the projected average monthly nursing home 18 caseload, the agency shall, in accordance with the provisions 19 of s. 408.034(4): 20 (1) Reduce the projected nursing home bed need in each 21 certificate-of-need batching cycle in the community diversion 22 pilot project areas. 23 (2) Reduce the conditions imposed on existing nursing 24 homes or those to be constructed, in accordance with the 25 number of projected community diversion slots. 26 (3) Adopt rules to reduce the number of beds in 27 Medicaid-participating nursing homes eligible for Medicaid, 28 through a Medicaid-selective contracting process or some other 29 appropriate method. 30 31 6 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1523, First Engrossed 1 (4) Determine the feasibility of increasing the 2 nursing home occupancy threshold used in determining nursing 3 home bed needs under the certificate-of-need process. 4 Section 9. Reports and evaluations.-- 5 (1) Beginning January 1, 1998, and continuing each 6 January 1 while the community diversion pilot projects are 7 operating, the department shall report to the Legislature 8 regarding the implementation and operation of community 9 diversion pilot projects. 10 (2) The department shall contract for an independent 11 evaluation of the community diversion pilot projects. Such 12 evaluation must include a careful review and assessment of the 13 actual cost for the provision of services to participants. 14 (3) The department, in consultation with the agency, 15 shall assess the feasibility of implementing a managed 16 long-term care system throughout the state to serve 17 appropriate Medicaid-eligible long-term care recipients age 60 18 years and older. 19 Section 10. Long-term care interagency advisory 20 council.-- 21 (1) The long-term care interagency advisory council is 22 created within the Department of Elderly Affairs to advise the 23 secretary of the department on matters related to the 24 long-term care community diversion pilot projects. The 25 department and the agency shall provide staff support to the 26 council, as determined by the secretary of the department and 27 the director of the agency. 28 (a) The Secretary of the Department of Children and 29 Family Services shall appoint four members, one each to 30 represent the following: 31 7 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1523, First Engrossed 1 1. Consumers, or family or guardians of consumers, of 2 optional state supplementation, adult protective services, 3 developmental services, or mental health services from the 4 department. 5 2. Providers of community-based services. 6 3. Consumer advocacy organizations. 7 4. Consumers, or representatives of consumers, who 8 have non-age related physical disabilities. 9 (b) The Secretary of the Department of Elderly Affairs 10 shall appoint five members, one each to represent the 11 following: 12 1. The nursing home industry. 13 2. The assisted living industry. 14 3. Consumers of long-term care services. 15 4. Providers of community-based services. 16 5. Area Agencies on Aging. 17 (c) The Commissioner of Insurance shall appoint one 18 member to represent the insurance industry. 19 (d) The Director of the Agency for Health Care 20 Administration shall appoint three members, one each to 21 represent the following: 22 1. The hospital industry. 23 2. The home health industry. 24 3. Health maintenance organizations. 25 (2) Council members representing industries or 26 organizations shall serve at their own expense. 27 (3) Consumer council members shall be reimbursed by 28 the appointing department for travel expenses incurred in 29 attending council meetings. 30 (4) The council shall discuss, evaluate, and develop 31 recommendations regarding the following topics: 8 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1523, First Engrossed 1 (a) Implementation of community diversion pilot 2 projects and the possibility of statewide implementation. 3 (b) Budgetary constraints and other issues related to 4 providing a full continuum of long-term care services. 5 (c) The use and potential use of assistive 6 technologies and equipment in the provision of long-term care 7 services. 8 (d) Mechanisms to encourage families and other 9 potential caregivers to assist people in need of long-term 10 care. 11 (e) Related issues that the council determines are 12 necessary and appropriate. 13 Section 11. Subsection (7) of section 400.071, Florida 14 Statutes, is amended to read: 15 400.071 Application for license.-- 16 (7) The agency may not issue a license to a nursing 17 home that which fails to receive a certificate of need under 18 the provisions of ss. 408.031-408.045. The agency may shall 19 consider, in addition to the other criteria specified in s. 20 408.035, the statement of intent by the applicant to designate 21 a percentage of the beds of the facility for use by patients 22 eligible for care under Title XIX of the Social Security Act, 23 the percentage to be all or a portion of the need for such 24 beds as identified in the local health plan. It is the intent 25 of the Legislature that preference be given to an application 26 which most closely meets the need for such beds. 27 Section 12. This act shall take effect upon becoming a 28 law. 29 30 31 9