CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Albright offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  The Legislature finds that the provisions

18  of this act which amend ss. 154.301 through 154.316, Florida

19  Statutes, fulfill the important state interest of promoting

20  the legislative intent of the Florida Health Care

21  Responsibility Act, as that intent is expressed in s. 154.302,

22  Florida Statutes.

23         Section 2.  Section 154.301, Florida Statutes, is

24  amended to read:

25         154.301  Short title.--Sections 154.301-154.316 may be

26  cited as "The Florida Health Care Responsibility Act of 1988."

27         Section 3.  Section 154.302, Florida Statutes, is

28  amended to read:

29         154.302  Legislative intent.--The Legislature finds

30  that certain hospitals provide a disproportionate share of

31  charity care for persons who are indigent, and not able to pay

                                  1

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  their medical bills, and who are not eligible for

 2  government-funded programs.  The burden of absorbing the cost

 3  of this uncompensated charity care is borne by the hospital,

 4  the private pay patients, and, many times, by the taxpayers in

 5  the county when the hospital is subsidized by tax revenues.

 6  The Legislature further finds that it is inequitable for

 7  hospitals and taxpayers of one county to be expected to

 8  subsidize the care of out-of-county indigent persons. Finally,

 9  the Legislature declares that the state and the counties must

10  share the responsibility of assuring that adequate and

11  affordable health care is available to all Floridians.

12  Therefore, it is the intent of the Legislature to place the

13  ultimate financial obligation for the out-of-county hospital

14  care of qualified indigent patients on the county in which the

15  indigent patient resides.

16         Section 4.  Section 154.304, Florida Statutes, is

17  amended to read:

18         154.304  Definitions.--As used in this part, the term

19  For the purpose of this act:

20         (1)  "Agency" means the Agency for Health Care

21  Administration.

22         (1)  "Board" means the Health Care Board as established

23  in chapter 408.

24         (2)  "Certification determination procedures" means the

25  process used by the county of residence or the agency

26  department to determine a person's county of residence.

27         (3)  "Certified resident" means a United States citizen

28  or lawfully admitted alien who has been certified as a

29  resident of the county by a person designated by the county

30  governing body to provide certification determination

31  procedures for the county in which the patient resides; by the

                                  2

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  agency department if such county does not make a determination

 2  of residency within 60 days after of receiving a certified

 3  letter from the treating hospital; or by the agency department

 4  if the hospital appeals the decision of the county making such

 5  determination.

 6         (4)  "Charity care obligation" means the minimum amount

 7  of uncompensated charity care as reported to the agency for

 8  Health Care Administration, based on the hospital's most

 9  recent audited actual experience, which must be provided by a

10  participating hospital or a regional referral hospital before

11  the hospital is eligible to be reimbursed by a county under

12  the provisions of this part act.  That amount shall be the

13  ratio of uncompensated charity care days compared to total

14  acute care inpatient days, which shall be equal to or greater

15  than 2 percent.

16         (5)  "Department" means the Department of Health.

17         (6)  "Eligibility determination procedures" means the

18  process used by a county or the agency department to evaluate

19  a person's financial eligibility, eligibility for state-funded

20  or federally funded programs, and the availability of

21  insurance, in order to document a person as a qualified

22  indigent for the purpose of this part act.

23         (7)  "Hospital," for the purposes of this act, means an

24  establishment as defined in s. 395.002 and licensed by the

25  agency department which qualifies as either a participating

26  hospital or as a regional referral hospital pursuant to this

27  section; except that, hospitals operated by the department

28  shall not be considered participating hospitals for purposes

29  of this part act.

30         (8)  "Participating hospital" means a hospital which is

31  eligible to receive reimbursement under the provisions of this

                                  3

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  part act because it has been certified by the agency board as

 2  having met its charity care obligation and has either:

 3         (a)  A formal signed agreement with a county or

 4  counties to treat such county's indigent patients; or

 5         (b)  Demonstrated to the agency board that at least 2.5

 6  percent of its uncompensated charity care, as reported to the

 7  agency board, is generated by out-of-county residents.

 8         (9)  "Qualified indigent person" or "qualified indigent

 9  patient" means a person who has been determined pursuant to s.

10  154.308 to have an average family income, for the 12 months

11  preceding the determination, which is below 100 percent of the

12  federal nonfarm poverty level; who is not eligible to

13  participate in any other government program that which

14  provides hospital care; who has no private insurance or has

15  inadequate private insurance; and who does not reside in a

16  public institution as defined under the medical assistance

17  program for the needy under Title XIX of the Social Security

18  Act, as amended.

19         (10)  "Regional referral hospital" means any hospital

20  that which is eligible to receive reimbursement under the

21  provision of this part act because it has met its charity care

22  obligation and it meets the definition of teaching hospital as

23  defined in s. 408.07.

24         Section 5.  Section 154.306, Florida Statutes, is

25  amended to read:

26         154.306  Financial responsibility for certified

27  residents who are qualified indigent patients treated at an

28  out-of-county participating hospital or regional referral

29  hospital.--Ultimate financial responsibility for treatment

30  received at a participating hospital or a regional referral

31  hospital by a qualified indigent patient who is a certified

                                  4

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  resident of a county in the State of Florida, but is not a

 2  resident of the county in which the participating hospital or

 3  regional referral hospital is located, is shall be the

 4  obligation of the county of which the qualified indigent

 5  patient is a resident. Each county shall is directed to

 6  reimburse participating hospitals or regional referral

 7  hospitals as provided for in this part act, and shall provide

 8  or arrange for indigent eligibility determination procedures

 9  and resident certification determination procedures as

10  provided for in rules developed to implement this part act.

11  The agency department, or any county determining eligibility

12  of a qualified indigent, shall provide to the county of

13  residence, upon request, a copy of any documents, forms, or

14  other information, as determined by rule, which may be used in

15  making an eligibility determination.

16         (1)  A county's financial obligation for each certified

17  resident who qualifies as an indigent patient under this part

18  act, and who has received treatment at an out-of-county

19  hospital, shall not exceed 45 days per county fiscal year at a

20  rate of payment equivalent to 100 percent of the per diem

21  reimbursement rate currently in effect for the out-of-county

22  hospital under the medical assistance program for the needy

23  under Title XIX of the Social Security Act, as amended, except

24  that those counties that are at their 10-mill cap on October

25  1, 1991, shall reimburse hospitals for such services at not

26  less than 80 percent of the hospital Medicaid per diem.

27  However, nothing in this section shall preclude a hospital

28  that which has a formal signed agreement with a county to

29  treat such county's indigents from negotiating a higher or

30  lower per diem rate with the county.  In addition, No county

31  shall be required by this act to pay more than the equivalent

                                  5

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  of $4 per capita in the county's fiscal year.  The agency

 2  department shall calculate and certify to each county by March

 3  1 of each year, the maximum amount the county may be required

 4  to pay under this act by multiplying the most recent official

 5  state population estimate for the total population of the

 6  county by $4 per capita.  Each county shall certify to the

 7  agency department within 60 days after of the end of the

 8  county's fiscal year, or upon reaching the $4 per capita

 9  threshold, should that occur before the end of the fiscal

10  year, the amount of reimbursement it paid to all out-

11  of-county hospitals under this part act.  The maximum amount a

12  county may be required to pay to out-of-county hospitals for

13  care provided to qualified indigent residents may be reduced

14  by up to one-half, provided that the amount not paid has or is

15  being spent for in-county hospital care provided to qualified

16  indigent residents.

17         (2)  No county shall be required to pay for any

18  elective or nonemergency admissions or services at an

19  out-of-county hospital for a qualified indigent who is a

20  certified resident of the county if when the county provides

21  funding for such services and the services are available at a

22  local hospital in the county where the indigent resides; or

23  the out-of-county hospital has not obtained prior written

24  authorization and approval for such hospital admission or

25  service, provided that the resident county has established a

26  procedure to authorize and approve such admissions.

27         (3)  The county where the indigent resides shall, in

28  all instances, be liable for the cost of treatment provided to

29  a qualified indigent patient at an out-of-county hospital for

30  any emergency medical condition which will deteriorate from

31  failure to provide such treatment if and when such condition

                                  6

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  is determined and documented by the attending physician to be

 2  of an emergency nature; provided that the patient has been

 3  certified to be a resident of such county pursuant to s.

 4  154.309.

 5         (4)  No county shall be liable for payment for

 6  treatment of a qualified indigent who is a certified resident

 7  and has received services at an out-of-county participating

 8  hospital or regional referral hospital, until such time as

 9  that hospital has documented to the agency board and the

10  agency board has determined that it has met its charity care

11  obligation based on the most recent audited actual experience.

12         Section 6.  Section 154.308, Florida Statutes, is

13  amended to read:

14         154.308  Determination of patient's eligibility;

15  spend-down program.--

16         (1)  The agency department, pursuant to s. 154.3105,

17  shall adopt rules which provide statewide eligibility

18  determination procedures, forms, and criteria which shall be

19  used by all counties for determining whether a person

20  financially qualifies as indigent for the purposes of this

21  part act.

22         (a)  The criteria used to determine eligibility must

23  shall be uniform statewide and shall include, at a minimum,

24  which assets, if any, may be included in the determination,

25  which verification of income shall be required, which

26  categories of persons shall be eligible, and any other

27  criteria which may be determined as necessary.

28         (b)  The methodology for determining by which to

29  determine financial eligibility must shall also be uniform

30  statewide such that any county or the state could determine

31  whether a person is would be a qualified indigent under this

                                  7

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  act.

 2         (2)  Determination of financial eligibility as a

 3  qualified indigent may occur either prior to a person's

 4  admission to a participating hospital or a regional referral

 5  hospital or subsequent to such admission.

 6         (3)  Determination of whether a hospital patient not

 7  already determined eligible meets or does not meet eligibility

 8  standards to financially qualify as indigent for the purpose

 9  of this act shall be made within 60 days following

10  notification by the hospital requesting a determination of

11  indigency, by certified letter, to the county known or

12  believed to be the county of residence or to the agency

13  department.  If, for any reason, the county or agency

14  department is unable to determine a patient's eligibility

15  within the allotted timeframe, the hospital shall be notified

16  in writing of the reason or reasons.

17         (4)  A patient determined eligible as a qualified

18  indigent for the purpose of this act subsequent to his or her

19  admission to a participating hospital or a regional referral

20  hospital shall be considered to have been qualified upon

21  admission. Such determination shall be made by a person

22  designated by the governing board of the county to make such a

23  determination or by the agency department.

24         (5)  Notwithstanding any other provision of this part

25  within this act, any county may establish thresholds of

26  financial eligibility to qualify indigents under this act

27  which are less restrictive than 100 percent of the federal

28  poverty line.  However, a no county may not establish

29  eligibility thresholds which are more restrictive than 100

30  percent of the federal poverty line.

31         (6)  Notwithstanding any other provision of this part

                                  8

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  act, there is hereby established a spend-down program for

 2  persons who would otherwise qualify as qualified indigent

 3  persons, but whose average family income, for the 12 months

 4  preceding the determination, is between 100 percent and 150

 5  percent of the federal poverty level.  The agency department

 6  shall adopt, by rule, procedures for the spend-down program.

 7  The rule shall require that in order to qualify for the

 8  spend-down program, a person must have incurred bills for

 9  hospital care which would otherwise have qualified for payment

10  under this part.  This subsection does not apply to persons

11  who are residents of counties that are at their 10-mill cap on

12  October 1, 1991.

13         Section 7.  Section 154.309, Florida Statutes, is

14  amended to read:

15         154.309  Certification of county of residence.--

16         (1)  The agency department, pursuant to s. 154.3105,

17  shall adopt rules for certification determination procedures

18  which provide criteria to be used for determining a qualified

19  indigent's county of residence.  Such criteria must shall

20  include, at a minimum, how and to what extent residency shall

21  be verified and how a hospital shall be notified of a

22  patient's certification or the inability to certify a patient.

23         (2)  In all instances, the county known or thought to

24  be the county of residence shall be given first opportunity to

25  certify a resident.  If the county known or thought to be the

26  county of residence fails to, or is unable to, make such

27  determination within 60 days following written notification by

28  a hospital, the agency department shall determine residency

29  utilizing the same criteria required by rule as the county,

30  and the agency's department's determination of residency shall

31  be binding on the county of residence.  The county determined

                                  9

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  as the residence of any qualified indigent under this act

 2  shall be liable to reimburse the treating hospital pursuant to

 3  s. 154.306.  If, for any reason, a county or the agency

 4  department is unable to determine an indigent's residency, the

 5  hospital shall be notified in writing of such reason or

 6  reasons.

 7         Section 8.  Section 154.31, Florida Statutes, is

 8  amended to read:

 9         154.31  Obligation of participating hospital or

10  regional referral hospital.--As a condition of participation

11  accepting the procedures of this act, each participating

12  hospital or regional referral hospital in Florida shall be

13  obligated to admit for emergency treatment all Florida

14  residents, without regard to county of residence, who meet the

15  eligibility standards established pursuant to s. 154.308 and

16  who meet the medical standards for admission to such

17  institutions. If the agency department determines that a

18  participating hospital or a regional referral hospital has

19  failed to meet the requirements of this section, the agency

20  department may impose an administrative fine, not to exceed

21  $5,000 per incident, and suspend the hospital from eligibility

22  for reimbursement under the provisions of this part act.

23         Section 9.  Section 154.3105, Florida Statutes, is

24  amended to read:

25         154.3105  Rules.--Rules governing the Health Care

26  Responsibility Act of 1988 shall be developed by the agency

27  department based on recommendations of a work group consisting

28  of equal representation by the agency department, the hospital

29  industry, and the counties.  County representatives to this

30  work group shall be appointed by the Florida Association of

31  Counties.  Hospital representatives to this work group shall

                                  10

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  be appointed by the associations representing those hospitals

 2  which best represent the positions of the hospitals most

 3  likely to be eligible for reimbursement.  Rules governing the

 4  various aspects of this part act shall be adopted by the

 5  agency. department.  Such rules shall address, at a minimum:

 6         (1)  Eligibility determination procedures and criteria.

 7         (2)  Certification determination procedures and methods

 8  of notification to hospitals.

 9         Section 10.  Section 154.312, Florida Statutes, is

10  amended to read:

11         154.312  Procedure for settlement of disputes.--All

12  disputes among counties, the board, the agency department, a

13  participating hospital, or a regional referral hospital shall

14  be resolved by order as provided in chapter 120. Hearings held

15  under this provision shall be conducted in the same manner as

16  provided in ss. 120.569 and 120.57, except that the presiding

17  officer's order shall be final agency action.  Cases filed

18  under chapter 120 may combine all disputes between parties.

19  Notwithstanding any other provisions of this part, if when a

20  county alleges that a residency determination or eligibility

21  determination made by the agency department is incorrect, the

22  burden of proof shall be on the county to demonstrate that

23  such determination is, in light of the total record, not

24  supported by the evidence.

25         Section 11.  Section 154.314, Florida Statutes, is

26  amended to read:

27         154.314  Certification of the State of Florida.--

28         (1)  In the event payment for the costs of services

29  rendered by a participating hospital or a regional referral

30  hospital is not received from the responsible county within 90

31  days of receipt of a statement for services rendered to a

                                  11

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  qualified indigent who is a certified resident of the county,

 2  or if the payment is disputed and said payment is not received

 3  from the county determined to be responsible within 60 days of

 4  the date of exhaustion of all administrative and legal

 5  remedies as provided in chapter 120, the hospital shall

 6  certify to the Comptroller the amount owed by the county.

 7         (2)  The Comptroller shall have no not longer than 45

 8  days from the date of receiving the hospital's certified

 9  notice to forward the amount delinquent to the appropriate

10  hospital from any funds due to the county under any

11  revenue-sharing or tax-sharing fund established by the state,

12  except as otherwise provided by the State Constitution.  The

13  Comptroller shall provide the Governor and the fiscal

14  appropriations and finance and tax committees in the House of

15  Representatives and the Senate with a quarterly accounting of

16  the amounts certified by hospitals as owed by counties and the

17  amount paid to hospitals out of any revenue or tax sharing

18  funds due to the county.

19         Section 12.  Section 154.316, Florida Statutes, is

20  amended to read:

21         154.316  Hospital's responsibility to notify of

22  admission of indigent patients.--

23         (1)  Any hospital admitting or treating any

24  out-of-county patient who may qualify as indigent under this

25  part act shall, within 30 10 days after admitting or treating

26  such patient, notify the county known, or thought to be, the

27  county of residency of such admission, or such hospital

28  forfeits its right to reimbursement.

29         (2)  It shall be the responsibility of any

30  participating hospital or regional referral hospital to

31  initiate any eligibility or certification determination

                                  12

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  procedures with any appropriate state or county agency which

 2  can determine financial eligibility or certify an indigent as

 3  a resident under this part act.

 4         Section 13.  Subsection (1) of section 154.504, Florida

 5  Statutes, is amended to read:

 6         154.504  Eligibility and benefits.--

 7         (1)  Any county or counties may apply for a primary

 8  care for children and families challenge grant to provide

 9  primary health care services to children and families with

10  incomes of up to 150 percent of the federal poverty level.

11  Participants shall pay no monthly premium for participation,

12  but shall be required to pay a copayment at the time a service

13  is provided. Copayments may be paid from sources other than

14  the participant, including, but not limited to, the child's or

15  parent's employer, or other private sources. As used in s.

16  766.1115, the term "copayment" may not be considered and may

17  not be used as compensation for services to health care

18  providers, and all funds generated from copayments shall be

19  used by the governmental contractor.

20         Section 14.  Section 198.30, Florida Statutes, is

21  amended to read:

22         198.30  Circuit judge to furnish department with names

23  of decedents, etc.--Each circuit judge of this state shall, on

24  or before the 10th day of every month, notify the department

25  of the names of all decedents; the names and addresses of the

26  respective personal representatives, administrators, or

27  curators appointed; the amount of the bonds, if any, required

28  by the court; and the probable value of the estates, in all

29  estates of decedents whose wills have been probated or

30  propounded for probate before the circuit judge or upon which

31  letters testamentary or upon whose estates letters of

                                  13

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  administration or curatorship have been sought or granted,

 2  during the preceding month; and such report shall contain any

 3  other information which the circuit judge may have concerning

 4  the estates of such decedents. In addition, a copy of this

 5  report shall be provided to the Agency for Health Care

 6  Administration. A circuit judge shall also furnish forthwith

 7  such further information, from the records and files of the

 8  circuit court in regard to such estates, as the department may

 9  from time to time require.

10         Section 15.  Section 240.4075, Florida Statutes, is

11  amended to read:

12         240.4075  Nursing Student Loan Forgiveness Program.--

13         (1)  To encourage qualified personnel to seek

14  employment in areas of this state in which critical nursing

15  shortages exist, there is established the Nursing Student Loan

16  Forgiveness Program.  The primary function of the program is

17  to increase employment and retention of registered nurses and

18  licensed practical nurses in nursing homes and hospitals in

19  the state and in state-operated medical and health care

20  facilities, birth centers, federally sponsored community

21  health centers and teaching hospitals by making repayments

22  toward loans received by students from federal or state

23  programs or commercial lending institutions for the support of

24  postsecondary study in accredited or approved nursing

25  programs.

26         (2)  To be eligible, a candidate must have graduated

27  from an accredited or approved nursing program and have

28  received a Florida license as a licensed practical nurse or a

29  registered nurse or a Florida certificate as an advanced

30  registered nurse practitioner.

31         (3)  Only loans to pay the costs of tuition, books, and

                                  14

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  living expenses shall be covered, at an amount not to exceed

 2  $4,000 for each year of education towards the degree obtained.

 3         (4)  Receipt of funds pursuant to this program shall be

 4  contingent upon continued proof of employment in the

 5  designated facilities in this state. Loan principal payments

 6  shall be made by the Department of Education Health directly

 7  to the federal or state programs or commercial lending

 8  institutions holding the loan as follows:

 9         (a)  Twenty-five percent of the loan principal and

10  accrued interest shall be retired after the first year of

11  nursing;

12         (b)  Fifty percent of the loan principal and accrued

13  interest shall be retired after the second year of nursing;

14         (c)  Seventy-five percent of the loan principal and

15  accrued interest shall be retired after the third year of

16  nursing; and

17         (d)  The remaining loan principal and accrued interest

18  shall be retired after the fourth year of nursing.

19

20  In no case may payment for any nurse exceed $4,000 in any

21  12-month period.

22         (5)  There is created the Nursing Student Loan

23  Forgiveness Trust Fund to be administered by the Department of

24  Education Health pursuant to this section and s. 240.4076 and

25  department rules.  The Comptroller shall authorize

26  expenditures from the trust fund upon receipt of vouchers

27  approved by the Department of Education Health.  All moneys

28  collected from the private health care industry and other

29  private sources for the purposes of this section shall be

30  deposited into the Nursing Student Loan Forgiveness Trust

31  Fund. Any balance in the trust fund at the end of any fiscal

                                  15

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  year shall remain therein and shall be available for carrying

 2  out the purposes of this section and s. 240.4076.

 3         (6)  In addition to licensing fees imposed under

 4  chapter 464, there is hereby levied and imposed an additional

 5  fee of $5, which fee shall be paid upon licensure or renewal

 6  of nursing licensure. Revenues collected from the fee imposed

 7  in this subsection shall be deposited in the Nursing Student

 8  Loan Forgiveness Trust Fund of the Department of Education

 9  Health and will be used solely for the purpose of carrying out

10  the provisions of this section and s. 240.4076. Up to 50

11  percent of the revenues appropriated to implement this

12  subsection may be used for the nursing scholarship program

13  established pursuant to s. 240.4076.

14         (7)(a)  Funds contained in the Nursing Student Loan

15  Forgiveness Trust Fund which are to be used for loan

16  forgiveness for those nurses employed by hospitals, birth

17  centers, and nursing homes must be matched on a

18  dollar-for-dollar basis by contributions from the employing

19  institutions, except that this provision shall not apply to

20  state-operated medical and health care facilities, county

21  health departments, federally sponsored community health

22  centers, or teaching hospitals as defined in s. 408.07.

23         (b)  All Nursing Student Loan Forgiveness Trust Fund

24  moneys shall be invested pursuant to s. 18.125.  Interest

25  income accruing to that portion of the trust fund not matched

26  shall increase the total funds available for loan forgiveness

27  and scholarships. Pledged contributions shall not be eligible

28  for matching prior to the actual collection of the total

29  private contribution for the year.

30         (8)  The Department of Education Health may solicit

31  technical assistance relating to the conduct of this program

                                  16

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  from the Department of Health Education.

 2         (9)  The Department of Education Health is authorized

 3  to recover from the Nursing Student Loan Forgiveness Trust

 4  Fund its costs for administering the Nursing Student Loan

 5  Forgiveness Program.

 6         (10)  The Department of Education Health may adopt

 7  rules necessary to administer this program.

 8         (11)  This section shall be implemented only as

 9  specifically funded.

10         Section 16.  Section 240.4076, Florida Statutes, is

11  amended to read:

12         240.4076  Nursing scholarship program.--

13         (1)  There is established within the Department of

14  Education Health a scholarship program for the purpose of

15  attracting capable and promising students to the nursing

16  profession.

17         (2)  A scholarship applicant shall be enrolled as a

18  full-time or part-time student in the upper division of an

19  approved nursing program leading to the award of a

20  baccalaureate or any advanced registered nurse practitioner

21  degree or be enrolled as a full-time or part-time student in

22  an approved program leading to the award of an associate

23  degree in nursing or a diploma in nursing.

24         (3)  A scholarship may be awarded for no more than 2

25  years, in an amount not to exceed $8,000 per year.  However,

26  registered nurses pursuing an advanced registered nurse

27  practitioner degree may receive up to $12,000 per year.

28  Beginning July 1, 1998, these amounts shall be adjusted by the

29  amount of increase or decrease in the consumer price index for

30  urban consumers published by the United States Department of

31  Commerce.

                                  17

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (4)  Credit for repayment of a scholarship shall be as

 2  follows:

 3         (a)  For each full year of scholarship assistance, the

 4  recipient agrees to work for 12 months at a health care

 5  facility in a medically underserved area as approved by the

 6  Department of Education Health. Scholarship recipients who

 7  attend school on a part-time basis shall have their employment

 8  service obligation prorated in proportion to the amount of

 9  scholarship payments received.

10         (b)  Eligible health care facilities include

11  state-operated medical or health care facilities, county

12  health departments, federally sponsored community health

13  centers, or teaching hospitals as defined in s. 408.07. The

14  recipient shall be encouraged to complete the service

15  obligation at a single employment site.  If continuous

16  employment at the same site is not feasible, the recipient may

17  apply to the department for a transfer to another approved

18  health care facility.

19         (c)  Any recipient who does not complete an appropriate

20  program of studies or who does not become licensed shall repay

21  to the Department of Education Health, on a schedule to be

22  determined by the department, the entire amount of the

23  scholarship plus 18 percent interest accruing from the date of

24  the scholarship payment. Moneys repaid shall be deposited into

25  the Nursing Student Loan Forgiveness Trust Fund established in

26  s. 240.4075.  However, the department may provide additional

27  time for repayment if the department finds that circumstances

28  beyond the control of the recipient caused or contributed to

29  the default.

30         (d)  Any recipient who does not accept employment as a

31  nurse at an approved health care facility or who does not

                                  18

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  complete 12 months of approved employment for each year of

 2  scholarship assistance received shall repay to the Department

 3  of Education Health an amount equal to two times the entire

 4  amount of the scholarship plus interest accruing from the date

 5  of the scholarship payment at the maximum allowable interest

 6  rate permitted by law.  Repayment shall be made within 1 year

 7  of notice that the recipient is considered to be in default.

 8  However, the department may provide additional time for

 9  repayment if the department finds that circumstances beyond

10  the control of the recipient caused or contributed to the

11  default.

12         (5)  Scholarship payments shall be transmitted to the

13  recipient upon receipt of documentation that the recipient is

14  enrolled in an approved nursing program. The Department of

15  Education Health shall develop a formula to prorate payments

16  to scholarship recipients so as not to exceed the maximum

17  amount per academic year.

18         (6)  The Department of Education Health shall adopt

19  rules, including rules to address extraordinary circumstances

20  that may cause a recipient to default on either the school

21  enrollment or employment contractual agreement, to implement

22  this section and may solicit technical assistance relating to

23  the conduct of this program from the Department of Health

24  Education.

25         (7)  The Department of Education Health is authorized

26  to recover from the Nursing Student Loan Forgiveness Trust

27  Fund its costs for administering the nursing scholarship

28  program.

29         Section 17.  All statutory powers, duties and

30  functions, records, rules, personnel, property, and unexpended

31  balances of appropriations, allocations, or other funds, of

                                  19

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  the Department of Health relating to the Nursing Student Loan

 2  Forgiveness Program and the Nursing Student Loan Forgiveness

 3  Trust Fund, as created in s. 240.4075, Florida Statutes, and

 4  the Nursing scholarship program, as created in s. 240.4076,

 5  Florida Statutes, are transferred by a type two transfer, as

 6  provided for in s. 20.06(2), Florida Statutes, from the

 7  Department of Health to the Department of Education. Such

 8  transfer shall take effect July 1, 1998. Any rules adopted by

 9  or for the Department of Health for the administration and

10  operation of the Nursing Student Loan Forgiveness Program, the

11  Nursing Student Loan Forgiveness Trust Fund, and the nursing

12  scholarship program are included in such transfer.

13         Section 18.  Section 381.0022, Florida Statutes, is

14  created to read:

15         381.0022  Sharing confidential or exempt

16  information.--Notwithstanding any other provision of law to

17  the contrary, the Department of Health and the Department of

18  Children and Family Services may share confidential

19  information or information exempt from disclosure under

20  chapter 119 on any individual who is or has been the subject

21  of a program within the jurisdiction of each agency.

22  Information so exchanged remains confidential or exempt as

23  provided by law.

24         Section 19.  Section 402.115, Florida Statutes, is

25  created to read:

26         402.115  Sharing confidential or exempt

27  information.--Notwithstanding any other provision of law to

28  the contrary, the Department of Health and the Department of

29  Children and Family Services may share confidential

30  information or information exempt from disclosure under

31  chapter 119 on any individual who is or has been the subject

                                  20

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  of a program within the jurisdiction of each agency.

 2  Information so exchanged remains confidential or exempt as

 3  provided by law.

 4         Section 20.  Paragraph (e) is added to subsection (1)

 5  of section 414.028, Florida Statutes, to read:

 6         414.028  Local WAGES coalitions.--The WAGES Program

 7  State Board of Directors shall create and charter local WAGES

 8  coalitions to plan and coordinate the delivery of services

 9  under the WAGES Program at the local level. The boundaries of

10  the service area for a local WAGES coalition shall conform to

11  the boundaries of the service area for the regional workforce

12  development board established under the Enterprise Florida

13  workforce development board. The local delivery of services

14  under the WAGES Program shall be coordinated, to the maximum

15  extent possible, with the local services and activities of the

16  local service providers designated by the regional workforce

17  development boards.

18         (1)

19         (e)  A representative of a county health department or

20  a representative of a Healthy Start Coalition shall serve as

21  an ex officio, nonvoting member of the coalition.

22         Section 21.  Paragraph (a) of subsection (1) of section

23  766.101, Florida Statutes, is amended to read:

24         766.101  Medical review committee, immunity from

25  liability.--

26         (1)  As used in this section:

27         (a)  The term "medical review committee" or "committee"

28  means:

29         1.a.  A committee of a hospital or ambulatory surgical

30  center licensed under chapter 395 or a health maintenance

31  organization certificated under part I of chapter 641,

                                  21

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         b.  A committee of a state or local professional

 2  society of health care providers,

 3         c.  A committee of a medical staff of a licensed

 4  hospital or nursing home, provided the medical staff operates

 5  pursuant to written bylaws that have been approved by the

 6  governing board of the hospital or nursing home,

 7         d.  A committee of the Department of Corrections or the

 8  Correctional Medical Authority as created under s. 945.602, or

 9  employees, agents, or consultants of either the department or

10  the authority or both,

11         e.  A committee of a professional service corporation

12  formed under chapter 621 or a corporation organized under

13  chapter 607 or chapter 617, which is formed and operated for

14  the practice of medicine as defined in s. 458.305(3), and

15  which has at least 25 health care providers who routinely

16  provide health care services directly to patients,

17         f.  A committee of a mental health treatment facility

18  licensed under chapter 394 or a community mental health center

19  as defined in s. 394.907, provided the quality assurance

20  program operates pursuant to the guidelines which have been

21  approved by the governing board of the agency,

22         g.  A committee of a substance abuse treatment and

23  education prevention program licensed under chapter 397

24  provided the quality assurance program operates pursuant to

25  the guidelines which have been approved by the governing board

26  of the agency,

27         h.  A peer review or utilization review committee

28  organized under chapter 440, or

29         i.  A committee of the Department of Health, a county

30  health department, healthy start coalition, or certified rural

31  health network, when reviewing quality of care, or employees

                                  22

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  of these entities when reviewing mortality records,

 2

 3  which committee is formed to evaluate and improve the quality

 4  of health care rendered by providers of health service or to

 5  determine that health services rendered were professionally

 6  indicated or were performed in compliance with the applicable

 7  standard of care or that the cost of health care rendered was

 8  considered reasonable by the providers of professional health

 9  services in the area; or

10         2.  A committee of an insurer, self-insurer, or joint

11  underwriting association of medical malpractice insurance, or

12  other persons conducting review under s. 766.106.

13         Section 22.  Paragraph (i) is added to subsection (1)

14  of section 383.011, Florida Statutes, and subsection (2) of

15  that section is amended, to read:

16         383.011  Administration of maternal and child health

17  programs.--

18         (1)  The Department of Health is designated as the

19  state agency for:

20         (i)  Receiving federal funds for children eligible for

21  assistance through the child portion of the federal Child and

22  Adult Care Food Program, which is referred to as the Child

23  Care Food Program, and for establishing and administering this

24  program. The purpose of the Child Care Food Program is to

25  provide nutritious meals and snacks for children in

26  nonresidential day care. To ensure the quality and integrity

27  of the program, the department shall develop standards and

28  procedures that govern sponsoring organizations, day care

29  homes, child care centers, and centers that operate outside

30  school hours. Standards and procedures must address the

31  following:  participation criteria for sponsoring

                                  23

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  organizations, which may include administrative budgets,

 2  staffing requirements, requirements for experience in

 3  operating similar programs, operating hours and availability,

 4  bonding requirements, geographic coverage, and a required

 5  minimum number of homes or centers; procedures for

 6  investigating complaints and allegations of noncompliance;

 7  application and renewal requirements; audit requirements; meal

 8  pattern requirements; requirements for managing funds;

 9  participant eligibility for free and reduced-price meals; food

10  storage and preparation; food service companies;

11  reimbursements; use of commodities; administrative reviews and

12  monitoring; training requirements; recordkeeping requirements;

13  and criteria pertaining to imposing sanctions and penalties,

14  including the denial, termination, and appeal of program

15  eligibility.

16         (2)  The Department of Health shall follow federal

17  requirements and may adopt any rules necessary for the

18  implementation of the maternal and child health care program,

19  or the WIC program, and the Child Care Food Program. With

20  respect to the Child Care Food Program, the department shall

21  adopt rules that interpret and implement relevant federal

22  regulations, including 7 C.F.R., part 226. The rules must

23  address at least those program requirements and procedures

24  identified in paragraph (1)(i).

25         Section 23.  Section 383.04, Florida Statutes, is

26  amended to read:

27         383.04  Prophylactic required for eyes of

28  infants.--Every physician, midwife, or other person in

29  attendance at the birth of a child in the state is required to

30  instill or have instilled into the eyes of the baby within 1

31  hour after birth an effective prophylactic recommended by the

                                  24

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  Committee on Infectious Diseases of the American Academy of

 2  Pediatrics a 1-percent fresh solution of silver nitrate (with

 3  date of manufacture marked on container), two drops of the

 4  solution to be dropped into each eye after the eyelids have

 5  been opened, or some equally effective prophylactic approved

 6  by the Department of Health, for the prevention of neonatal

 7  blindness from ophthalmia neonatorum. This section does shall

 8  not apply to cases where the parents shall file with the

 9  physician, midwife, or other person in attendance at the birth

10  of a child written objections on account of religious beliefs

11  contrary to the use of drugs.  In such case the physician,

12  midwife, or other person in attendance shall maintain a record

13  that such measures were or were not employed and attach

14  thereto any written objection.

15         Section 24.  Section 383.05, Florida Statutes, is

16  repealed.

17         Section 25.  Section 409.903, Florida Statutes, is

18  amended to read:

19         409.903  Mandatory payments for eligible persons.--The

20  agency department shall make payments for medical assistance

21  and related services on behalf of the following persons who

22  the agency department determines to be eligible, subject to

23  the income, assets, and categorical eligibility tests set

24  forth in federal and state law.  Payment on behalf of these

25  Medicaid eligible persons is subject to the availability of

26  moneys and any limitations established by the General

27  Appropriations Act or chapter 216.

28         (1)  Low-income families with children are eligible for

29  Medicaid provided they meet the following requirements:

30  Persons who receive payments from or are determined eligible

31  to participate in the WAGES Program, and certain persons who

                                  25

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  would be eligible but do not meet certain technical

 2  requirements. This group includes, but is not limited to:

 3         (a)  The family includes a dependent child who is

 4  living with a caretaker relative. Low-income, single-parent

 5  families and their children.

 6         (b)  The family's income does not exceed the gross

 7  income test limit. Low-income, two-parent families in which at

 8  least one parent is disabled or otherwise incapacitated.

 9         (c)  The family's countable income and resources do not

10  exceed the applicable aid-to-families-with-dependent-children

11  (AFDC) income and resource standards under the AFDC state plan

12  in effect in July 1996, except as amended in the Medicaid

13  state plan to conform as closely as possible to the

14  requirements of the WAGES Program as created in s. 414.015, to

15  the extent permitted by federal law. Certain unemployed

16  two-parent families and their children.

17         (2)  A person who receives payments from, who is

18  determined eligible for, or who was eligible for but lost cash

19  benefits from the federal program known as the Supplemental

20  Security Income program (SSI).  This category includes a

21  low-income person age 65 or over and a low-income person under

22  age 65 considered to be permanently and totally disabled.

23         (3)  A child under age 21 living in a low-income,

24  two-parent family, and a child under age 7 living with a

25  nonrelative, if the income and assets of the family or child,

26  as applicable, do not exceed the resource limits under the

27  WAGES Program.

28         (4)  A child who is eligible under Title IV-E of the

29  Social Security Act for subsidized board payments, foster

30  care, or adoption subsidies, and a child for whom the state

31  has assumed temporary or permanent responsibility and who does

                                  26

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  not qualify for Title IV-E assistance but is in foster care,

 2  shelter or emergency shelter care, or subsidized adoption.

 3         (5)  A pregnant woman for the duration of her pregnancy

 4  and for the post partum period as defined in federal law and

 5  rule, or a child under age 1, if either is living in a family

 6  that has an income which is at or below 150 percent of the

 7  most current federal poverty level, or, effective January 1,

 8  1992, that has an income which is at or below 185 percent of

 9  the most current federal poverty level.  Such a person is not

10  subject to an assets test. Further, a pregnant woman who

11  applies for eligibility for the Medicaid program through a

12  qualified Medicaid provider must be offered the opportunity,

13  subject to federal rules, to be made presumptively eligible

14  for the Medicaid program.

15         (6)  A child born after September 30, 1983, living in a

16  family that has an income which is at or below 100 percent of

17  the current federal poverty level, who has attained the age of

18  6, but has not attained the age of 19.  In determining the

19  eligibility of such a child, an assets test is not required.

20         (7)  A child living in a family that has an income

21  which is at or below 133 percent of the current federal

22  poverty level, who has attained the age of 1, but has not

23  attained the age of 6.  In determining the eligibility of such

24  a child, an assets test is not required.

25         (8)  A person who is age 65 or over or is determined by

26  the agency department to be disabled, whose income is at or

27  below 100 percent of the most current federal poverty level

28  and whose assets do not exceed limitations established by the

29  agency department.  However, the agency department may only

30  pay for premiums, coinsurance, and deductibles, as required by

31  federal law, unless additional coverage is provided for any or

                                  27

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  all members of this group by s. 409.904(1).

 2         Section 26.  Subsections (2) and (13) of section

 3  409.908, Florida Statutes, are amended to read:

 4         409.908  Reimbursement of Medicaid providers.--Subject

 5  to specific appropriations, the agency shall reimburse

 6  Medicaid providers, in accordance with state and federal law,

 7  according to methodologies set forth in the rules of the

 8  agency and in policy manuals and handbooks incorporated by

 9  reference therein.  These methodologies may include fee

10  schedules, reimbursement methods based on cost reporting,

11  negotiated fees, competitive bidding pursuant to s. 287.057,

12  and other mechanisms the agency considers efficient and

13  effective for purchasing services or goods on behalf of

14  recipients.  Payment for Medicaid compensable services made on

15  behalf of Medicaid eligible persons is subject to the

16  availability of moneys and any limitations or directions

17  provided for in the General Appropriations Act or chapter 216.

18  Further, nothing in this section shall be construed to prevent

19  or limit the agency from adjusting fees, reimbursement rates,

20  lengths of stay, number of visits, or number of services, or

21  making any other adjustments necessary to comply with the

22  availability of moneys and any limitations or directions

23  provided for in the General Appropriations Act, provided the

24  adjustment is consistent with legislative intent.

25         (2)(a)1.  Reimbursement to nursing homes licensed under

26  part II of chapter 400 and state-owned-and-operated

27  intermediate care facilities for the developmentally disabled

28  licensed under chapter 393 must be made prospectively.

29         2.  Unless otherwise limited or directed in the General

30  Appropriations Act, reimbursement to hospitals licensed under

31  part I of chapter 395 for the provision of swing-bed nursing

                                  28

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  home services must be made on the basis of the average

 2  statewide nursing home payment, and reimbursement to a

 3  hospital licensed under part I of chapter 395 for the

 4  provision of skilled nursing services must be made on the

 5  basis of the average nursing home payment for those services

 6  in the county in which the hospital is located. When a

 7  hospital is located in a county that does not have any

 8  community nursing homes, reimbursement must be determined by

 9  averaging the nursing home payments, in counties that surround

10  the county in which the hospital is located. Reimbursement to

11  hospitals, including Medicaid payment of Medicare copayments,

12  for skilled nursing services shall be limited to 30 days,

13  unless a prior authorization has been obtained from the

14  agency. Medicaid reimbursement may be extended by the agency

15  beyond 30 days, and approval must be based upon verification

16  by the patient's physician that the patient requires

17  short-term rehabilitative and recuperative services only, in

18  which case an extension of no more than 15 days may be

19  approved. Reimbursement to a hospital licensed under part I of

20  chapter 395 for the temporary provision of skilled nursing

21  services to nursing home residents who have been displaced as

22  the result of a natural disaster or other emergency may not

23  exceed the average county nursing home payment for those

24  services in the county in which the hospital is located and is

25  limited to the period of time which the agency considers

26  necessary for continued placement of the nursing home

27  residents in the hospital.

28         (b)  Subject to any limitations or directions provided

29  for in the General Appropriations Act, the agency shall

30  establish and implement a Florida Title XIX Long-Term Care

31  Reimbursement Plan (Medicaid) for nursing home care in order

                                  29

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  to provide care and services in conformance with the

 2  applicable state and federal laws, rules, regulations, and

 3  quality and safety standards and to ensure that individuals

 4  eligible for medical assistance have reasonable geographic

 5  access to such care. Effective no earlier than the

 6  rate-setting period beginning April 1, 1999, the agency shall

 7  establish a case-mix reimbursement methodology for the rate of

 8  payment for long-term-care services for nursing home

 9  residents. The agency shall compute a per diem rate for

10  Medicaid residents, adjusted for case mix, which is based on a

11  resident classification system that accounts for the relative

12  resource utilization by different types of residents and which

13  is based on level-of-care data and other appropriate data. The

14  case-mix methodology developed by the agency shall take into

15  account the medical, behavioral, and cognitive deficits of

16  residents. In developing the reimbursement methodology, the

17  agency shall evaluate and modify other aspects of the

18  reimbursement plan as necessary to improve the overall

19  effectiveness of the plan with respect to the costs of patient

20  care, operating costs, and property costs. In the event

21  adequate data are not available, the agency is authorized to

22  adjust the patient's care component or the per diem rate to

23  more adequately cover the cost of services provided in the

24  patient's care component. The agency shall work with the

25  Department of Elderly Affairs, the Florida Health Care

26  Association, and the Florida Association of Homes for the

27  Aging in developing the methodology. It is the intent of the

28  Legislature that the reimbursement plan achieve the goal of

29  providing access to health care for nursing home residents who

30  require large amounts of care while encouraging diversion

31  services as an alternative to nursing home care for residents

                                  30

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  who can be served within the community. The agency shall base

 2  the establishment of any maximum rate of payment, whether

 3  overall or component, on the available moneys as provided for

 4  in the General Appropriations Act. The agency may base the

 5  maximum rate of payment on the results of scientifically valid

 6  analysis and conclusions derived from objective statistical

 7  data pertinent to the particular maximum rate of payment.

 8         (13)  Medicare premiums for persons eligible for both

 9  Medicare and Medicaid coverage shall be paid at the rates

10  established by Title XVIII of the Social Security Act.  For

11  Medicare services rendered to Medicaid-eligible persons,

12  Medicaid shall pay Medicare deductibles and coinsurance as

13  follows:

14         (a)  Medicaid shall make no payment toward deductibles

15  and coinsurance for any service that is not covered by

16  Medicaid.

17         (b)  Medicaid's financial obligation for deductibles

18  and coinsurance payments shall be based on Medicare allowable

19  fees, not on a provider's billed charges.

20         (c)  Medicaid will pay no portion of Medicare

21  deductibles and coinsurance when payment that Medicare has

22  made for the service equals or exceeds what Medicaid would

23  have paid if it had been the sole payor.  The combined payment

24  of Medicare and Medicaid shall not exceed the amount Medicaid

25  would have paid had it been the sole payor.

26         (d)  The following provisions are exceptions to

27  paragraphs (a)-(c):

28         1.  Medicaid payments for Nursing Home Medicare Part A

29  coinsurance shall be the lesser of the Medicare coinsurance

30  amount or the Medicaid nursing home per diem rate.

31         2.  Medicaid shall pay all deductibles and coinsurance

                                  31

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  for Nursing Home Medicare Part B services.

 2         3.  Medicaid shall pay all deductibles and coinsurance

 3  for Medicare-eligible recipients receiving freestanding end

 4  stage renal dialysis center services.

 5         4.  Medicaid shall pay all deductibles and coinsurance

 6  for hospital outpatient Medicare Part B services.

 7         5.  Medicaid payments for general hospital inpatient

 8  services shall be limited to the Medicare deductible per spell

 9  of illness.  Medicaid shall make no payment toward coinsurance

10  for Medicare general hospital inpatient services.

11         6.  Medicaid shall pay all deductibles and coinsurance

12  for Medicare emergency transportation services provided by

13  ambulances licensed pursuant to chapter 401. Premiums,

14  deductibles, and coinsurance for Medicare services rendered to

15  Medicaid eligible persons shall be reimbursed in accordance

16  with fees established by Title XVIII of the Social Security

17  Act.

18         Section 27.  Paragraph (c) of subsection (4) of section

19  409.912, Florida Statutes, is repealed, paragraph (b) of

20  subsection (3) and subsection (13) of that section are

21  amended, and subsections (34) and (35) are added to that

22  section, to read:

23         409.912  Cost-effective purchasing of health care.--The

24  agency shall purchase goods and services for Medicaid

25  recipients in the most cost-effective manner consistent with

26  the delivery of quality medical care.  The agency shall

27  maximize the use of prepaid per capita and prepaid aggregate

28  fixed-sum basis services when appropriate and other

29  alternative service delivery and reimbursement methodologies,

30  including competitive bidding pursuant to s. 287.057, designed

31  to facilitate the cost-effective purchase of a case-managed

                                  32

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  continuum of care. The agency shall also require providers to

 2  minimize the exposure of recipients to the need for acute

 3  inpatient, custodial, and other institutional care and the

 4  inappropriate or unnecessary use of high-cost services.

 5         (3)  The agency may contract with:

 6         (b)  An entity that is providing comprehensive

 7  inpatient and outpatient mental health care services to

 8  certain Medicaid recipients in Hillsborough, Highlands,

 9  Hardee, Manatee, and Polk Counties, through a capitated,

10  prepaid arrangement pursuant to the federal waiver provided

11  for by s. 409.905(5). Such an entity must become licensed

12  under chapter 624, chapter 636, or chapter 641 by December 31,

13  1998, and is exempt from the provisions of part I of chapter

14  641 until then. However, if the entity assumes risk, the

15  Department of Insurance shall develop appropriate regulatory

16  requirements by rule under the insurance code before the

17  entity becomes operational.

18         (13)  The agency shall identify health care utilization

19  and price patterns within the Medicaid program which that are

20  not cost-effective or medically appropriate and assess the

21  effectiveness of new or alternate methods of providing and

22  monitoring service, and may implement such methods as it

23  considers appropriate. Such methods may include

24  disease-management initiatives, an integrated and systematic

25  approach for managing the health care needs of recipients who

26  are at risk of or diagnosed with a specific disease by using

27  best practices, prevention strategies, clinical-practice

28  improvement, clinical interventions and protocols, outcomes

29  research, information technology, and other tools and

30  resources to reduce overall costs and improve measurable

31  outcomes.

                                  33

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (34)  The agency may provide for cost-effective

 2  purchasing of home health services through competitive

 3  negotiation pursuant to s. 287.057. The agency may request

 4  appropriate waivers from the federal Health Care Financing

 5  Administration in order to competitively bid home health

 6  services.

 7         (35)  The Agency for Health Care Administration is

 8  directed to issue a request for proposal or intent to

 9  negotiate to implement on a demonstration basis an outpatient

10  specialty services pilot project in a rural and urban county

11  in the state.  As used in this subsection, the term

12  "outpatient specialty services" means clinical laboratory,

13  diagnostic imaging, and specified home medical services to

14  include durable medical equipment, prosthetics and orthotics,

15  and infusion therapy.

16         (a)  The entity that is awarded the contract to provide

17  Medicaid managed care outpatient specialty services must, at a

18  minimum, meet the following criteria:

19         1.  The entity must be licensed by the Department of

20  Insurance under part II of chapter 641.

21         2.  The entity must be experienced in providing

22  outpatient specialty services.

23         3.  The entity must demonstrate to the satisfaction of

24  the agency that it provides high-quality services to its

25  patients.

26         4.  The entity must demonstrate that it has in place a

27  complaints and grievance process to assist Medicaid recipients

28  enrolled in the pilot managed care program to resolve

29  complaints and grievances.

30         (b)  The pilot managed care program shall operate for a

31  period of 3 years.  The objective of the pilot program shall

                                  34

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  be to determine the cost-effectiveness and effects on

 2  utilization, access, and quality of providing outpatient

 3  specialty services to Medicaid recipients on a prepaid,

 4  capitated basis.

 5         (c)  The agency shall conduct a quality-assurance

 6  review of the prepaid health clinic each year that the

 7  demonstration program is in effect. The prepaid health clinic

 8  is responsible for all expenses incurred by the agency in

 9  conducting a quality assurance review.

10         (d)  The entity that is awarded the contract to provide

11  outpatient specialty services to Medicaid recipients shall

12  report data required by the agency in a format specified by

13  the agency, for the purpose of conducting the evaluation

14  required in paragraph (e).

15         (e)  The agency shall conduct an evaluation of the

16  pilot managed care program and report its findings to the

17  Governor and the Legislature by no later than January 1, 2001.

18         (f)  Nothing in this subsection is intended to conflict

19  with the provision of the 1997-1998 General Appropriations Act

20  which authorizes competitive bidding for Medicaid home health,

21  clinical laboratory, or x-ray services.

22         Section 28.  Effective January 1, 1999, paragraph (d)

23  of subsection (3) of section 409.912, Florida Statutes, is

24  amended to read:

25         409.912  Cost-effective purchasing of health care.--The

26  agency shall purchase goods and services for Medicaid

27  recipients in the most cost-effective manner consistent with

28  the delivery of quality medical care.  The agency shall

29  maximize the use of prepaid per capita and prepaid aggregate

30  fixed-sum basis services when appropriate and other

31  alternative service delivery and reimbursement methodologies,

                                  35

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  including competitive bidding pursuant to s. 287.057, designed

 2  to facilitate the cost-effective purchase of a case-managed

 3  continuum of care. The agency shall also require providers to

 4  minimize the exposure of recipients to the need for acute

 5  inpatient, custodial, and other institutional care and the

 6  inappropriate or unnecessary use of high-cost services.

 7         (3)  The agency may contract with:

 8         (d)  No more than four provider service networks for

 9  demonstration projects to test Medicaid direct contracting.

10  However, no such demonstration project shall be established

11  with a federally qualified health center nor shall any

12  provider service network under contract with the agency

13  pursuant to this paragraph include a federally qualified

14  health center in its provider network.  One demonstration

15  project must be located in Orange County.  The demonstration

16  projects may be reimbursed on a fee-for-service or prepaid

17  basis.  A provider service network which is reimbursed by the

18  agency on a prepaid basis shall be exempt from parts I and III

19  of chapter 641, but must meet appropriate financial reserve,

20  quality assurance, and patient rights requirements as

21  established by the agency.  The agency shall award contracts

22  on a competitive bid basis and shall select bidders based upon

23  price and quality of care. Medicaid recipients assigned to a

24  demonstration project shall be chosen equally from those who

25  would otherwise have been assigned to prepaid plans and

26  MediPass.  The agency is authorized to seek federal Medicaid

27  waivers as necessary to implement the provisions of this

28  section.  A demonstration project awarded pursuant to this

29  paragraph shall be for 2 years from the date of

30  implementation.

31         Section 29.  Paragraphs (a), (c), (f), (i), and (k) of

                                  36

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  subsection (2) of section 409.9122, Florida Statutes, are

 2  amended to read:

 3         409.9122  Mandatory Medicaid managed care enrollment;

 4  programs and procedures.--

 5         (2)(a)  The agency shall enroll in a managed care plan

 6  or MediPass all Medicaid recipients, except those Medicaid

 7  recipients who are: in an institution; enrolled in the

 8  Medicaid medically needy program; or eligible for both

 9  Medicaid and Medicare.  However, to the extent permitted by

10  federal law, the agency may enroll in a managed care plan or

11  MediPass a Medicaid recipient who is exempt from mandatory

12  managed care enrollment, provided that:

13         1.  The recipient's decision to enroll in a managed

14  care plan or MediPass is voluntary;

15         2.  If the recipient chooses to enroll in a managed

16  care plan, the agency has determined that the managed care

17  plan provides specific programs and services which address the

18  special health needs of the recipient; and

19         3.  The agency receives any necessary waivers from the

20  federal Health Care Financing Administration.

21

22  The agency shall develop rules to establish policies by which

23  exceptions to the mandatory managed care enrollment

24  requirement may be made on a case-by-case basis. The rules

25  shall include the specific criteria to be applied when making

26  a determination as to whether to exempt a recipient from

27  mandatory enrollment in a managed care plan or MediPass.

28  School districts participating in the certified school match

29  program pursuant to ss. 236.0812 and 409.908(21) shall be

30  reimbursed by Medicaid, subject to the limitations of s.

31  236.0812(1) and (2), for a Medicaid-eligible child

                                  37

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  participating in the services as authorized in s. 236.0812, as

 2  provided for in s. 409.9071, regardless of whether the child

 3  is enrolled in MediPass or a managed care plan. Managed care

 4  plans shall make a good faith effort to execute agreements

 5  with school districts and county health departments regarding

 6  the coordinated provision of services authorized under s.

 7  236.0812. County health departments delivering school-based

 8  services pursuant to ss. 381.0056 and 381.0057 shall be

 9  reimbursed by Medicaid for the federal share for a

10  Medicaid-eligible child who receives Medicaid-covered services

11  in a school setting, regardless of whether the child is

12  enrolled in MediPass or a managed care plan.  Managed care

13  plans shall make a good faith effort to execute agreements

14  with county health departments regarding the coordinated

15  provision of services to a Medicaid-eligible child. To ensure

16  continuity of care for Medicaid patients, the agency, the

17  Department of Health, and the Department of Education shall

18  develop procedures for ensuring that a student's managed care

19  plan or MediPass provider receives information relating to

20  services provided in accordance with ss. 236.0812, 381.0056,

21  381.0057, and 409.9071.

22         (c)  Medicaid recipients shall have a choice of managed

23  care plans or MediPass.  The Agency for Health Care

24  Administration, the Department of Health and Rehabilitative

25  Services, the Department of Children and Family Services, and

26  the Department of Elderly Affairs shall cooperate to ensure

27  that each Medicaid recipient receives clear and easily

28  understandable information that meets the following

29  requirements:

30         1.  Explains the concept of managed care, including

31  MediPass.

                                  38

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         2.  Provides information on the comparative performance

 2  of managed care plans and MediPass in the areas of quality,

 3  credentialing, preventive health programs, network size and

 4  availability, and patient satisfaction.

 5         3.  Explains where additional information on each

 6  managed care plan and MediPass in the recipient's area can be

 7  obtained.

 8         4.  Explains that recipients have the right to choose

 9  their own managed care plans or MediPass.  However, if a

10  recipient does not choose a managed care plan or MediPass, the

11  agency will assign the recipient to a managed care plan or

12  MediPass according to the criteria specified in this section.

13         5.  Explains the recipient's right to complain, file a

14  grievance, or change managed care plans or MediPass providers

15  if the recipient is not satisfied with the managed care plan

16  or MediPass.

17         (f)  When a Medicaid recipient does not choose a

18  managed care plan or MediPass provider, the agency shall

19  assign the Medicaid recipient to a managed care plan or

20  MediPass provider. Medicaid recipients who are subject to

21  mandatory assignment but who fail to make a choice shall be

22  assigned to managed care plans or provider service networks

23  until an equal enrollment of 50 percent in MediPass and

24  provider service networks and 50 percent in managed care plans

25  is achieved.  Once equal enrollment is achieved, the

26  assignments shall be divided in order to maintain an equal

27  enrollment in MediPass and managed care plans for the 1998-99

28  fiscal year. In the first period that assignment begins, the

29  assignments shall be divided equally between the MediPass

30  program and managed care plans. Thereafter, assignment of

31  Medicaid recipients who fail to make a choice shall be based

                                  39

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  proportionally on the preferences of recipients who have made

 2  a choice in the previous period.  Such proportions shall be

 3  revised at least quarterly to reflect an update of the

 4  preferences of Medicaid recipients.  When making assignments,

 5  the agency shall take into account the following criteria:

 6         1.  A managed care plan has sufficient network capacity

 7  to meet the need of members.

 8         2.  The managed care plan or MediPass has previously

 9  enrolled the recipient as a member, or one of the managed care

10  plan's primary care providers or MediPass providers has

11  previously provided health care to the recipient.

12         3.  The agency has knowledge that the member has

13  previously expressed a preference for a particular managed

14  care plan or MediPass provider as indicated by Medicaid

15  fee-for-service claims data, but has failed to make a choice.

16         4.  The managed care plan's or MediPass primary care

17  providers are geographically accessible to the recipient's

18  residence.

19         (i)  After a recipient has made a selection or has been

20  enrolled in a managed care plan or MediPass, the recipient

21  shall have 90 60 days in which to voluntarily disenroll and

22  select another managed care plan or MediPass provider.  After

23  90 60 days, no further changes may be made except for cause.

24  Cause shall include, but not be limited to, poor quality of

25  care, lack of access to necessary specialty services, an

26  unreasonable delay or denial of service, or fraudulent

27  enrollment.  The agency shall develop criteria for good cause

28  disenrollment for chronically ill and disabled populations who

29  are assigned to managed care plans if more appropriate care is

30  available through the MediPass program.  The agency must make

31  a determination as to whether cause exists.  However, the

                                  40

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  agency may require a recipient to use the managed care plan's

 2  or MediPass grievance process prior to the agency's

 3  determination of cause, except in cases in which immediate

 4  risk of permanent damage to the recipient's health is alleged.

 5  The grievance process, when utilized, must be completed in

 6  time to permit the recipient to disenroll no later than the

 7  first day of the second month after the month the

 8  disenrollment request was made. If the managed care plan or

 9  MediPass, as a result of the grievance process, approves an

10  enrollee's request to disenroll, the agency is not required to

11  make a determination in the case.  The agency must make a

12  determination and take final action on a recipient's request

13  so that disenrollment occurs no later than the first day of

14  the second month after the month the request was made.  If the

15  agency fails to act within the specified timeframe, the

16  recipient's request to disenroll is deemed to be approved as

17  of the date agency action was required.  Recipients who

18  disagree with the agency's finding that cause does not exist

19  for disenrollment shall be advised of their right to pursue a

20  Medicaid fair hearing to dispute the agency's finding.

21         (k)  In order to provide increased access to managed

22  care, the agency may request from the Health Care Financing

23  Administration a waiver of the regulation requiring health

24  maintenance organizations to have one commercial enrollee for

25  each three Medicaid enrollees.

26         Section 30.  Paragraph (f) of subsection (12) and

27  subsection (18) of section 409.910, Florida Statutes, are

28  amended to read:

29         409.910  Responsibility for payments on behalf of

30  Medicaid-eligible persons when other parties are liable.--

31         (12)  The department may, as a matter of right, in

                                  41

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  order to enforce its rights under this section, institute,

 2  intervene in, or join any legal or administrative proceeding

 3  in its own name in one or more of the following capacities:

 4  individually, as subrogee of the recipient, as assignee of the

 5  recipient, or as lienholder of the collateral.

 6         (f)  Notwithstanding any provision in this section to

 7  the contrary, in the event of an action in tort against a

 8  third party in which the recipient or his or her legal

 9  representative is a party which results in a and in which the

10  amount of any judgment, award, or settlement from a third

11  party, third-party benefits, excluding medical coverage as

12  defined in subparagraph 4., after reasonable costs and

13  expenses of litigation, is an amount equal to or less than 200

14  percent of the amount of medical assistance provided by

15  Medicaid less any medical coverage paid or payable to the

16  department, then distribution of the amount recovered shall be

17  distributed as follows:

18         1.  After attorney's fees and taxable costs as defined

19  by the Florida Rules of Civil Procedure, one-half of the

20  remaining recovery shall be paid to the department up to the

21  total amount of medical assistance provided by Medicaid.

22         2.  The remaining amount of the recovery shall be paid

23  to the recipient.

24         3.  For purposes of calculating the department's

25  recovery of medical assistance benefits paid, the fee for

26  services of an attorney retained by the recipient or his or

27  her legal representative shall be calculated at 25 percent of

28  the judgment, award, or settlement.

29         4.  Notwithstanding any provision of this section to

30  the contrary, the department shall be entitled to all medical

31  coverage benefits up to the total amount of medical assistance

                                  42

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  provided by Medicaid.

 2         1.  Any fee for services of an attorney retained by the

 3  recipient or his or her legal representative shall not exceed

 4  an amount equal to 25 percent of the recovery, after

 5  reasonable costs and expenses of litigation, from the

 6  judgment, award, or settlement.

 7         2.  After attorney's fees, two-thirds of the remaining

 8  recovery shall be designated for past medical care and paid to

 9  the department for medical assistance provided by Medicaid.

10         3.  The remaining amount from the recovery shall be

11  paid to the recipient.

12         4.  For purposes of this paragraph, "medical coverage"

13  means any benefits under health insurance, a health

14  maintenance organization, a preferred provider arrangement, or

15  a prepaid health clinic, and the portion of benefits

16  designated for medical payments under coverage for workers'

17  compensation, personal injury protection, and casualty.

18         (18)  A recipient or his or her legal representative or

19  any person representing, or acting as agent for, a recipient

20  or the recipient's legal representative, who has notice,

21  excluding notice charged solely by reason of the recording of

22  the lien pursuant to paragraph (6)(d), or who has actual

23  knowledge of the department's rights to third-party benefits

24  under this section, who receives any third-party benefit or

25  proceeds therefrom for a covered illness or injury, is

26  required either to pay the department, within 60 days after

27  receipt of settlement proceeds, the full amount of the

28  third-party benefits, but not in excess of the total medical

29  assistance provided by Medicaid, or to place the full amount

30  of the third-party benefits in a trust account for the benefit

31  of the department pending judicial or administrative

                                  43

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  determination of the department's right thereto. Proof that

 2  any such person had notice or knowledge that the recipient had

 3  received medical assistance from Medicaid, and that

 4  third-party benefits or proceeds therefrom were in any way

 5  related to a covered illness or injury for which Medicaid had

 6  provided medical assistance, and that any such person

 7  knowingly obtained possession or control of, or used,

 8  third-party benefits or proceeds and failed either to pay the

 9  department the full amount required by this section or to hold

10  the full amount of third-party benefits or proceeds in trust

11  pending judicial or administrative determination, unless

12  adequately explained, gives rise to an inference that such

13  person knowingly failed to credit the state or its agent for

14  payments received from social security, insurance, or other

15  sources, pursuant to s. 414.39(4)(b), and acted with the

16  intent set forth in s. 812.014(1).

17         (a)  The department is authorized to investigate and to

18  request appropriate officers or agencies of the state to

19  investigate suspected criminal violations or fraudulent

20  activity related to third-party benefits, including, without

21  limitation, ss. 409.325 and 812.014. Such requests may be

22  directed, without limitation, to the Medicaid Fraud Control

23  Unit of the Office of the Attorney General, or to any state

24  attorney. Pursuant to s. 409.913, the Attorney General has

25  primary responsibility to investigate and control Medicaid

26  fraud.

27         (b)  In carrying out duties and responsibilities

28  related to Medicaid fraud control, the department may subpoena

29  witnesses or materials within or outside the state and,

30  through any duly designated employee, administer oaths and

31  affirmations and collect evidence for possible use in either

                                  44

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  civil or criminal judicial proceedings.

 2         (c)  All information obtained and documents prepared

 3  pursuant to an investigation of a Medicaid recipient, the

 4  recipient's legal representative, or any other person relating

 5  to an allegation of recipient fraud or theft is confidential

 6  and exempt from s. 119.07(1):

 7         1.  Until such time as the department takes final

 8  agency action;

 9         2.  Until such time as the Attorney General refers the

10  case for criminal prosecution;

11         3.  Until such time as an indictment or criminal

12  information is filed by a state attorney in a criminal case;

13  or

14         4.  At all times if otherwise protected by law.

15         Section 31.  Subsection (1) of section 414.28, Florida

16  Statutes, is amended to read:

17         414.28  Public assistance payments to constitute debt

18  of recipient.--

19         (1)  CLAIMS.--The acceptance of public assistance

20  creates a debt of the person accepting assistance, which debt

21  is enforceable only after the death of the recipient.  The

22  debt thereby created is enforceable only by claim filed

23  against the estate of the recipient after his or her death or

24  by suit to set aside a fraudulent conveyance, as defined in

25  subsection (3). After the death of the recipient and within

26  the time prescribed by law, the department may file a claim

27  against the estate of the recipient for the total amount of

28  public assistance paid to or for the benefit of such

29  recipient, reimbursement for which has not been made.  Claims

30  so filed shall take priority as class 3 class 7 claims as

31  provided by s. 733.707(1)(g).

                                  45

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         Section 32.  Subsection (1) of section 627.912, Florida

 2  Statutes, is amended, and subsection (5) is added to said

 3  section, to read:

 4         627.912  Professional liability claims and actions;

 5  reports by insurers.--

 6         (1)  Each self-insurer authorized under s. 627.357 and

 7  each insurer or joint underwriting association providing

 8  professional liability insurance to a practitioner of medicine

 9  licensed under chapter 458, to a practitioner of osteopathic

10  medicine licensed under chapter 459, to a podiatrist licensed

11  under chapter 461, to a dentist licensed under chapter 466, to

12  a hospital licensed under chapter 395, to a crisis

13  stabilization unit licensed under part IV of chapter 394, to a

14  health maintenance organization certificated under part I of

15  chapter 641, to clinics included in chapter 390, to an

16  ambulatory surgical center as defined in s. 395.002, or to a

17  member of The Florida Bar shall report in duplicate to the

18  Department of Insurance any claim or action for damages for

19  personal injuries claimed to have been caused by error,

20  omission, or negligence in the performance of such insured's

21  professional services or based on a claimed performance of

22  professional services without consent, if the claim resulted

23  in:

24         (a)  A final judgment in any amount.

25         (b)  A settlement in any amount.

26         (c)  A final disposition not resulting in payment on

27  behalf of the insured.

28

29  Reports shall be filed with the department and, if the insured

30  party is licensed under chapter 458, chapter 459, chapter 461,

31  or chapter 466, with the Agency for Health Care

                                  46

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  Administration, no later than 30 days following the occurrence

 2  of any event listed in paragraph (a) or, paragraph (b), or

 3  paragraph (c). The Agency for Health Care Administration shall

 4  review each report and determine whether any of the incidents

 5  that resulted in the claim potentially involved conduct by the

 6  licensee that is subject to disciplinary action, in which case

 7  the provisions of s. 455.225 shall apply. The Agency for

 8  Health Care Administration, as part of the annual report

 9  required by s. 455.2285, shall publish annual statistics,

10  without identifying licensees, on the reports it receives,

11  including final action taken on such reports by the agency or

12  the appropriate regulatory board.

13         (5)  Any self-insurance program established under s.

14  240.213 shall report in duplicate to the Department of

15  Insurance any claim or action for damages for personal

16  injuries claimed to have been caused by error, omission, or

17  negligence in the performance of professional services

18  provided by the Board of Regents through an employee or agent

19  of the Board of Regents, including practitioners of medicine

20  licensed under chapter 458, practitioners of osteopathic

21  medicine licensed under chapter 459, podiatrists licensed

22  under chapter 461, and dentists licensed under chapter 466, or

23  based on a claimed performance of professional services

24  without consent if the claim resulted in a final judgment in

25  any amount, or a settlement in any amount. The reports

26  required by this subsection shall contain the information

27  required by subsection (3) and the name, address, and

28  specialty of the employee or agent of the Board of Regents

29  whose performance or professional services is alleged in the

30  claim or action to have caused personal injury.

31         Section 33.  Upon completion, the Marion County Health

                                  47

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  Department building to be constructed in Belleview, Florida,

 2  shall be known as the "Carl S. Lytle, M.D., Memorial Health

 3  Facility."

 4         Section 34.  The amount of $2 million is appropriated

 5  from tobacco settlement revenues to the Grants and Donations

 6  Trust Fund of the Agency for Health Care Administration to be

 7  matched at an appropriate level with federal Medicaid funds

 8  available under Title XIX of the Social Security Act to

 9  provide prosthetic and orthotic devices for Medicaid

10  recipients when such devices are prescribed by licensed

11  practitioners participating in the Medicaid program.

12         Section 35.  Except as otherwise provided herein, this

13  act shall take effect July 1 of the year in which enacted.

14

15

16  ================ T I T L E   A M E N D M E N T ===============

17  And the title is amended as follows:

18         On page ,

19  remove from the title of the bill:  the entire title

20

21  and insert in lieu thereof:

22         An act relating to health care; providing an

23         important state interest; amending ss. 154.301,

24         154.302, 154.304, 154.306, 154.308, 154.309,

25         154.31, 154.3105, 154.312, 154.314, and

26         154.316, F.S., relating to health care

27         responsibility for indigents; revising short

28         title; revising definitions; limiting the

29         maximum amount a county may be required to pay

30         an out-of-county hospital; providing hospitals

31         additional time to notify counties of admission

                                  48

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         or treatment of out-of-county patients;

 2         revising language and conforming references;

 3         providing penalties; amending s. 154.504, F.S.;

 4         limiting applicability of copayments under the

 5         Primary Care for Children and Families

 6         Challenge Grant Program; amending s. 198.30,

 7         F.S.; requiring certain reports of estates of

 8         decedents to be provided to the Agency for

 9         Health Care Administration; amending ss.

10         240.4075 and 240.4076, F.S., relating the

11         Nursing Student Loan Forgiveness Program, the

12         Nursing Student Loan Forgiveness Trust Fund,

13         and the nursing scholarship program;

14         transferring powers, duties, and functions with

15         respect thereto from the Department of Health

16         to the Department of Education; creating ss.

17         381.0022 and 402.115, F.S.; authorizing the

18         Department of Health and the Department of

19         Children and Family Services to share

20         confidential and exempt information; amending

21         s. 414.028, F.S.; providing for a

22         representative of a county health department or

23         Healthy Start Coalition to serve on the local

24         WAGES coalition; amending s. 766.101, F.S.;

25         redefining the term "medical review committee"

26         to include a committee of the Department of

27         Health; amending s. 383.011, F.S.; providing

28         that the Department of Health is the designated

29         state agency for receiving federal funds for

30         the Child Care Food Program; requiring the

31         department to adopt rules for administering the

                                  49

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         program; amending s. 383.04, F.S.; revising the

 2         requirements for the prophylactic to be used

 3         for the eyes of infants; repealing s. 383.05,

 4         F.S., relating to the free distribution of such

 5         prophylactic; amending s. 409.903, F.S.;

 6         providing Medicaid eligibility standards for

 7         certain persons; conforming references;

 8         amending s. 409.908, F.S.; requiring the agency

 9         to establish a reimbursement methodology for

10         long-term-care services for Medicaid-eligible

11         nursing home residents; specifying requirements

12         for the methodology; providing legislative

13         intent; prescribing guidelines for Medicaid

14         payment of Medicare deductibles and

15         coinsurance; eliminating a prohibition on

16         specified contracts; repealing redundant

17         provisions; amending s. 409.912, F.S.;

18         authorizing the agency to include

19         disease-management initiatives in providing and

20         monitoring Medicaid services; authorizing the

21         agency to competitively negotiate home health

22         services; authorizing the agency to seek

23         necessary federal waivers that relate to the

24         competitive negotiation of such services;

25         directing the Agency for Health Care

26         Administration to establish an outpatient

27         specialty services pilot project; providing

28         definitions; providing criteria for

29         participation; requiring an evaluation and a

30         report to the Governor and Legislature;

31         modifying the licensure requirements for a

                                  50

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         provider of services under a pilot project;

 2         amending s. 409.9122, F.S.; requiring the

 3         Agency for Health Care Administration to

 4         reimburse county health departments for

 5         school-based services; requiring Medicaid

 6         managed-care contractors to attempt to enter

 7         agreements with school districts and county

 8         health departments for specified services;

 9         specifying the departments that are required to

10         make certain information available to Medicaid

11         recipients; extending the period during which a

12         Medicaid recipient may disenroll from a managed

13         care plan or MediPass provider; deleting

14         authorization for the agency to request a

15         federal waiver from the requirement that a

16         Medicaid managed care plan include a specified

17         ratio of enrollees; amending requirements for

18         the mandatory assignment of Medicaid

19         recipients; amending s. 409.910, F.S.;

20         providing for the distribution of amounts

21         recovered in certain tort suits involving

22         intervention by the Agency for Health Care

23         Administration; requiring that certain

24         third-party benefits received by a Medicaid

25         recipient be remitted within a specified

26         period; amending s. 414.28, F.S.; revising the

27         order under which a claim may be made against

28         the estate of a recipient of public assistance;

29         amending s. 627.912, F.S.; revising reporting

30         requirements by certain insurers; requiring

31         certain self-insurers to report certain

                                  51

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281




                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 484, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         information to the Department of Insurance;

 2         naming the Carl S. Lytle, M.D., Memorial Health

 3         Facility in Marion County; providing an

 4         appropriation to be matched by federal Medicaid

 5         funds; providing effective dates.

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  52

    File original & 9 copies    04/28/98
    hci0001                     11:18 am         00484-0024-984281