Senate Bill 0484c2

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    Florida Senate - 1998                     CS for CS for SB 484

    By the Committees on Ways and Means and Health Care





    301-1983-98

  1                      A bill to be entitled

  2         An act relating to public assistance; amending

  3         s. 409.908, F.S.; requiring the agency to

  4         establish a reimbursement methodology for

  5         long-term-care services for Medicaid-eligible

  6         nursing home residents; specifying requirements

  7         for the methodology; providing legislative

  8         intent; prescribing guidelines for Medicaid

  9         payment of Medicare deductibles and

10         coinsurance; eliminating a prohibition on

11         specified contracts; repealing redundant

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

13         authorizing the agency to include

14         disease-management initiatives in providing and

15         monitoring Medicaid services; authorizing the

16         agency to competitively negotiate home health

17         services; authorizing the agency to seek

18         necessary federal waivers that relate to the

19         competitive negotiation of such services;

20         amending s. 409.9122, F.S.; specifying the

21         departments that are required to make certain

22         information available to Medicaid recipients;

23         extending the period during which a Medicaid

24         recipient may disenroll from a managed care

25         plan or MediPass provider; deleting

26         authorization for the agency to request a

27         federal waiver from the requirement that a

28         Medicaid managed care plan include a specified

29         ratio of enrollees; amending s. 409.910, F.S.;

30         providing for the distribution of amounts

31         recovered in certain tort suits involving

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    Florida Senate - 1998                     CS for CS for SB 484
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  1         intervention by the Agency for Health Care

  2         Administration; requiring that certain

  3         third-party benefits received by a Medicaid

  4         recipient be remitted within a specified

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

  6         order under which a claim may be made against

  7         the estate of a recipient of public assistance;

  8         amending s. 198.30, F.S.; requiring that each

  9         circuit judge provide a report of decedents to

10         the Agency for Health Care Administration;

11         amending s. 154.504, F.S.; providing certain

12         restrictions on the use of copayments by public

13         health facilities; creating ss. 381.0022,

14         402.115, F.S.; authorizing the Department of

15         Health and the Department of Children and

16         Family Services to share certain confidential

17         information; amending s. 414.028, F.S.;

18         providing for a representative of a county

19         health department or Healthy Start Coalition to

20         serve on the local WAGES coalition; amending s.

21         766.101, F.S.; redefining the term "medical

22         review committee" to include a committee of the

23         Department of Health; amending s. 383.04, F.S.;

24         revising the requirements for the prophylactic

25         to be used for the eyes of infants; repealing

26         s. 383.05, F.S., relating to the free

27         distribution of such prophylactic; providing an

28         effective date.

29

30  Be It Enacted by the Legislature of the State of Florida:

31

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  1         Section 1.  Subsections (2) and (13) of section

  2  409.908, Florida Statutes, are amended to read:

  3         409.908  Reimbursement of Medicaid providers.--Subject

  4  to specific appropriations, the agency shall reimburse

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

  6  according to methodologies set forth in the rules of the

  7  agency and in policy manuals and handbooks incorporated by

  8  reference therein.  These methodologies may include fee

  9  schedules, reimbursement methods based on cost reporting,

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

11  and other mechanisms the agency considers efficient and

12  effective for purchasing services or goods on behalf of

13  recipients.  Payment for Medicaid compensable services made on

14  behalf of Medicaid eligible persons is subject to the

15  availability of moneys and any limitations or directions

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

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

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

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

20  making any other adjustments necessary to comply with the

21  availability of moneys and any limitations or directions

22  provided for in the General Appropriations Act, provided the

23  adjustment is consistent with legislative intent.

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

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

26  intermediate care facilities for the developmentally disabled

27  licensed under chapter 393 must be made prospectively.

28         2.  Unless otherwise limited or directed in the General

29  Appropriations Act, reimbursement to hospitals licensed under

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

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

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  1  statewide nursing home payment, and reimbursement to a

  2  hospital licensed under part I of chapter 395 for the

  3  provision of skilled nursing services must be made on the

  4  basis of the average nursing home payment for those services

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

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

  7  community nursing homes, reimbursement must be determined by

  8  averaging the nursing home payments, in counties that surround

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

10  hospitals, including Medicaid payment of Medicare copayments,

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

12  unless a prior authorization has been obtained from the

13  agency. Medicaid reimbursement may be extended by the agency

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

15  by the patient's physician that the patient requires

16  short-term rehabilitative and recuperative services only, in

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

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

19  chapter 395 for the temporary provision of skilled nursing

20  services to nursing home residents who have been displaced as

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

22  exceed the average county nursing home payment for those

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

24  limited to the period of time which the agency considers

25  necessary for continued placement of the nursing home

26  residents in the hospital.

27         (b)  Subject to any limitations or directions provided

28  for in the General Appropriations Act, the agency shall

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

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

31  to provide care and services in conformance with the

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

  2  quality and safety standards and to ensure that individuals

  3  eligible for medical assistance have reasonable geographic

  4  access to such care. Effective not later than the rate-setting

  5  period beginning July 1, 1999, the agency shall establish a

  6  case-mix reimbursement methodology for the rate of payment for

  7  long-term-care services for nursing home residents. The agency

  8  shall compute a per diem rate for Medicaid residents, adjusted

  9  for case mix, which is based on a resident classification

10  system that accounts for the relative resource utilization by

11  different types of residents and which is based on

12  level-of-care data and other appropriate data. The case-mix

13  methodology developed by the agency shall take into account

14  the medical, behavioral, and cognitive deficits of residents.

15  In developing the reimbursement methodology, the agency shall

16  evaluate and modify other aspects of the reimbursement plan as

17  necessary to improve the overall effectiveness of the plan

18  with respect to the costs of patient care, operating costs,

19  and property costs. The agency shall work with the Department

20  of Elderly Affairs, the Florida Health Care Association, and

21  the Florida Association of Homes for the Aging in developing

22  the methodology. It is the intent of the Legislature that the

23  reimbursement plan achieve the goal of providing access to

24  health care for nursing home residents who require large

25  amounts of care while encouraging diversion services as an

26  alternative to nursing home care for residents who can be

27  served within the community.  The agency shall base the

28  establishment of any maximum rate of payment, whether overall

29  or component, on the available moneys as provided for in the

30  General Appropriations Act. The agency may base the maximum

31  rate of payment on the results of scientifically valid

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    Florida Senate - 1998                     CS for CS for SB 484
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  1  analysis and conclusions derived from objective statistical

  2  data pertinent to the particular maximum rate of payment.

  3         (13)  Medicare premiums for persons eligible for both

  4  Medicare and Medicaid coverage shall be paid at the rates

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

  6  Medicare services rendered to Medicaid-eligible persons,

  7  Medicaid shall pay Medicare deductibles and coinsurance as

  8  follows:

  9         (a)  Medicaid shall make no payment toward deductibles

10  and coinsurance for any service that is not covered by

11  Medicaid.

12         (b)  Medicaid's financial obligation for deductibles

13  and coinsurance payments shall be based on Medicare allowable

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

15         (c)  Medicaid will pay no portion of Medicare

16  deductibles and coinsurance when payment that Medicare has

17  made for the service equals or exceeds what Medicaid would

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

19  of Medicare and Medicaid shall not exceed the amount Medicaid

20  would have paid had it been the sole payor.

21         (d)  The following provisions are exceptions to

22  paragraphs (a)-(c):

23         1.  Medicaid payments for Nursing Home Medicare Part A

24  coinsurance shall be the lesser of the Medicare coinsurance

25  amount or the Medicaid nursing home per diem rate.

26         2.  Medicaid shall pay all deductibles and coinsurance

27  for Nursing Home Medicare Part B services.

28         3.  Medicaid shall pay all deductibles and coinsurance

29  for Medicare-eligible recipients receiving freestanding end

30  stage renal dialysis center services.

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  1         4.  Medicaid shall pay all deductibles and coinsurance

  2  for hospital outpatient Medicare Part B services.

  3         5.  Medicaid payments for general hospital inpatient

  4  services shall be limited to the Medicare deductible per spell

  5  of illness.  Medicaid shall make no payment toward coinsurance

  6  for Medicare general hospital inpatient services.

  7         6.  Medicaid shall pay all deductibles and coinsurance

  8  for Medicare emergency transportation services. Premiums,

  9  deductibles, and coinsurance for Medicare services rendered to

10  Medicaid eligible persons shall be reimbursed in accordance

11  with fees established by Title XVIII of the Social Security

12  Act.

13         Section 2.  Paragraph (c) of subsection (4) of section

14  409.912, Florida Statutes, is repealed, paragraph (d) of

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

16  amended, and subsection (34) is added to that section, to

17  read:

18         409.912  Cost-effective purchasing of health care.--The

19  agency shall purchase goods and services for Medicaid

20  recipients in the most cost-effective manner consistent with

21  the delivery of quality medical care.  The agency shall

22  maximize the use of prepaid per capita and prepaid aggregate

23  fixed-sum basis services when appropriate and other

24  alternative service delivery and reimbursement methodologies,

25  including competitive bidding pursuant to s. 287.057, designed

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

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

28  minimize the exposure of recipients to the need for acute

29  inpatient, custodial, and other institutional care and the

30  inappropriate or unnecessary use of high-cost services.

31         (3)  The agency may contract with:

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

  2  demonstration projects to test Medicaid direct contracting.

  3  However, no such demonstration project shall be established

  4  with a federally qualified health center nor shall any

  5  provider service network under contract with the agency

  6  pursuant to this paragraph include a federally qualified

  7  health center in its provider network. One demonstration

  8  project must be located in Orange County.  The demonstration

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

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

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

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

13  quality assurance, and patient rights requirements as

14  established by the agency.  The agency shall award contracts

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

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

17  demonstration project shall be chosen equally from those who

18  would otherwise have been assigned to prepaid plans and

19  MediPass.  The agency is authorized to seek federal Medicaid

20  waivers as necessary to implement the provisions of this

21  section.  A demonstration project awarded pursuant to this

22  paragraph shall be for 2 years from the date of

23  implementation.

24         (13)  The agency shall identify health care utilization

25  and price patterns within the Medicaid program which that are

26  not cost-effective or medically appropriate and assess the

27  effectiveness of new or alternate methods of providing and

28  monitoring service, and may implement such methods as it

29  considers appropriate. Such methods may include

30  disease-management initiatives, an integrated and systematic

31  approach for managing the health care needs of recipients who

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

  2  best practices, prevention strategies, clinical-practice

  3  improvement, clinical interventions and protocols, outcomes

  4  research, information technology, and other tools and

  5  resources to reduce overall costs and improve measurable

  6  outcomes.

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

  8  purchasing of home health services through competitive

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

10  appropriate waivers from the federal Health Care Financing

11  Administration in order to competitively bid home health

12  services.

13         Section 3.  Subsection (2) of section 409.9122, Florida

14  Statutes, is amended to read:

15         409.9122  Mandatory Medicaid managed care enrollment;

16  programs and procedures.--

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

18  or MediPass all Medicaid recipients, except those Medicaid

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

20  Medicaid medically needy program; or eligible for both

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

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

23  MediPass a Medicaid recipient who is exempt from mandatory

24  managed care enrollment, provided that:

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

26  care plan or MediPass is voluntary;

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

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

29  plan provides specific programs and services which address the

30  special health needs of the recipient; and

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  1         3.  The agency receives any necessary waivers from the

  2  federal Health Care Financing Administration.

  3

  4  The agency shall develop rules to establish policies by which

  5  exceptions to the mandatory managed care enrollment

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

  7  shall include the specific criteria to be applied when making

  8  a determination as to whether to exempt a recipient from

  9  mandatory enrollment in a managed care plan or MediPass.

10  School districts participating in the certified school match

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

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

13  236.0812(1) and (2), for a Medicaid-eligible child

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

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

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

17  plans shall make a good faith effort to execute agreements

18  with school districts and county health departments regarding

19  the coordinated provision of services authorized under s.

20  236.0812. To ensure continuity of care for Medicaid patients,

21  the agency and the Department of Education shall develop

22  procedures for ensuring that a student's managed care plan or

23  MediPass provider receives information relating to services

24  provided in accordance with ss. 236.0812 and 409.9071.

25         (b)  A Medicaid recipient shall not be enrolled in or

26  assigned to a managed care plan or MediPass unless the managed

27  care plan or MediPass has complied with the quality-of-care

28  standards specified in paragraphs (3)(a) and (b),

29  respectively.

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

31  care plans or MediPass.  The Agency for Health Care

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  1  Administration, the Department of Health and Rehabilitative

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

  3  the Department of Elderly Affairs shall cooperate to ensure

  4  that each Medicaid recipient receives clear and easily

  5  understandable information that meets the following

  6  requirements:

  7         1.  Explains the concept of managed care, including

  8  MediPass.

  9         2.  Provides information on the comparative performance

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

11  credentialing, preventive health programs, network size and

12  availability, and patient satisfaction.

13         3.  Explains where additional information on each

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

15  obtained.

16         4.  Explains that recipients have the right to choose

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

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

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

20  MediPass according to the criteria specified in this section.

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

22  grievance, or change managed care plans or MediPass providers

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

24  or MediPass.

25         (d)  The agency shall develop a mechanism for providing

26  information to Medicaid recipients for the purpose of making a

27  managed care plan or MediPass selection.  Examples of such

28  mechanisms may include, but not be limited to, interactive

29  information systems, mailings, and mass marketing materials.

30  Managed care plans and MediPass providers are prohibited from

31  providing inducements to Medicaid recipients to select their

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  1  plans or from prejudicing Medicaid recipients against other

  2  managed care plans or MediPass providers.

  3         (e)  Prior to requesting a Medicaid recipient who is

  4  subject to mandatory managed care enrollment to make a choice

  5  between a managed care plan or MediPass, the agency shall

  6  contact and provide choice counseling to the recipient.

  7  Medicaid recipients who are already enrolled in a managed care

  8  plan or MediPass shall be offered the opportunity to change

  9  managed care plans or MediPass providers on a staggered basis,

10  as defined by the agency.  All Medicaid recipients shall have

11  90 days in which to make a choice of managed care plans or

12  MediPass providers.  Those Medicaid recipients who do not make

13  a choice shall be assigned to a managed care plan or MediPass

14  in accordance with paragraph (f).  To facilitate continuity of

15  care, for a Medicaid recipient who is also a recipient of

16  Supplemental Security Income (SSI), prior to assigning the SSI

17  recipient to a managed care plan or MediPass, the agency shall

18  determine whether the SSI recipient has an ongoing

19  relationship with a MediPass provider or managed care plan,

20  and if so, the agency shall assign the SSI recipient to that

21  MediPass provider or managed care plan.  Those SSI recipients

22  who do not have such a provider relationship shall be assigned

23  to a managed care plan or MediPass provider in accordance with

24  paragraph (f).

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

26  managed care plan or MediPass provider, the agency shall

27  assign the Medicaid recipient to a managed care plan or

28  MediPass provider.  In the first period that assignment

29  begins, the assignments shall be divided equally between the

30  MediPass program and managed care plans.  Thereafter,

31  assignment of Medicaid recipients who fail to make a choice

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  1  shall be based proportionally on the preferences of recipients

  2  who have made a choice in the previous period.  Such

  3  proportions shall be revised at least quarterly to reflect an

  4  update of the preferences of Medicaid recipients.  When making

  5  assignments, the agency shall take into account the following

  6  criteria:

  7         1.  A managed care plan has sufficient network capacity

  8  to meet the need of members.

  9         2.  The managed care plan or MediPass has previously

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

11  plan's primary care providers or MediPass providers has

12  previously provided health care to the recipient.

13         3.  The agency has knowledge that the member has

14  previously expressed a preference for a particular managed

15  care plan or MediPass provider as indicated by Medicaid

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

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

18  providers are geographically accessible to the recipient's

19  residence.

20         (g)  When more than one managed care plan or MediPass

21  provider meets the criteria specified in paragraph (f), the

22  agency shall make recipient assignments consecutively by

23  family unit.

24         (h)  The agency may not engage in practices that are

25  designed to favor one managed care plan over another or that

26  are designed to influence Medicaid recipients to enroll in

27  MediPass rather than in a managed care plan or to enroll in a

28  managed care plan rather than in MediPass.  This subsection

29  does not prohibit the agency from reporting on the performance

30  of MediPass or any managed care plan, as measured by

31  performance criteria developed by the agency.

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

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

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

  4  select another managed care plan or MediPass provider.  After

  5  90 60 days, no further changes may be made except for cause.

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

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

  8  unreasonable delay or denial of service, or fraudulent

  9  enrollment.  The agency shall develop criteria for good cause

10  disenrollment for chronically ill and disabled populations who

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

12  available through the MediPass program.  The agency must make

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

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

15  or MediPass grievance process prior to the agency's

16  determination of cause, except in cases in which immediate

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

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

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

20  first day of the second month after the month the

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

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

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

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

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

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

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

28  agency fails to act within the specified timeframe, the

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

30  of the date agency action was required.  Recipients who

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

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

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

  3         (j)  The agency shall apply for a federal waiver from

  4  the Health Care Financing Administration to lock eligible

  5  Medicaid recipients into a managed care plan or MediPass for

  6  12 months after an open enrollment period. After 12 months'

  7  enrollment, a recipient may select another managed care plan

  8  or MediPass provider.  However, nothing shall prevent a

  9  Medicaid recipient from changing primary care providers within

10  the managed care plan or MediPass program during the 12-month

11  period.

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

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

14  Administration a waiver of the regulation requiring health

15  maintenance organizations to have one commercial enrollee for

16  each three Medicaid enrollees.

17         Section 4.  Paragraph (f) of subsection (12) and

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

19  amended to read:

20         409.910  Responsibility for payments on behalf of

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

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

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

24  intervene in, or join any legal or administrative proceeding

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

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

27  recipient, or as lienholder of the collateral.

28         (f)  Notwithstanding any provision in this section to

29  the contrary, the department shall reduce its recovery to take

30  account of the cost of procuring the judgment, award, or

31  settlement amount as provided in this section.

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  1         1.  In the event of an action in tort against a third

  2  party in which the recipient or his or her legal

  3  representative is a party and in which the amount of any

  4  judgment, award, or settlement from third-party benefits,

  5  excluding medical coverage as defined in sub-subparagraph d.

  6  subparagraph 4., after reasonable costs and expenses of

  7  litigation, is an amount equal to or less than 200 percent of

  8  the amount of medical assistance provided by Medicaid less any

  9  medical coverage paid or payable to the department, then

10  distribution of the amount recovered shall be as follows:

11         a.1.  Any fee for services of an attorney retained by

12  the recipient or his or her legal representative shall not

13  exceed an amount equal to 25 percent of the recovery, after

14  reasonable costs and expenses of litigation, from the

15  judgment, award, or settlement.

16         b.2.  After attorney's fees, two-thirds of the

17  remaining recovery shall be designated for past medical care

18  and paid to the department for medical assistance provided by

19  Medicaid.

20         c.3.  The remaining amount from the recovery shall be

21  paid to the recipient.

22         d.  As used in 4.  For purposes of this paragraph, the

23  term "medical coverage" means any benefits under health

24  insurance, a health maintenance organization, a preferred

25  provider arrangement, or a prepaid health clinic, and the

26  portion of benefits designated for medical payments under

27  coverage for workers' compensation, personal injury

28  protection, and casualty.

29         2.  In the event of an action in tort against a third

30  party in which the recipient or his or her legal

31  representative is a party and in which the amount of any

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  1  judgment, award, or settlement from the third-party benefits,

  2  excluding medical coverage as defined in sub-subparagraph

  3  1.d., after reasonable costs and expenses of litigation, is an

  4  amount more than 200 percent of the amount of medical

  5  assistance provided by Medicaid, less any medical coverage

  6  paid or payable to the department, then distribution of the

  7  amount of recovery must be computed as follows:

  8         a.  Determine the ratio of the procurement costs to the

  9  total judgment or settlement payment. Procurement costs must

10  include reasonable costs and expenses of litigation and

11  attorney's fees. The total amount of attorney's fees used to

12  determine the procurement costs attributable to Medicaid must

13  not exceed 25 percent of the award, judgment, or settlement

14  from third-party benefits, excluding medical coverage as

15  defined in sub-subparagraph 1.d., and after reasonable costs

16  and expenses of litigation.

17         b.  Apply the ratio to the Medicaid payment. The

18  product is the Medicaid share of procurement costs.

19         c.  Subtract the Medicaid share of procurement costs

20  from the Medicaid payments. The remainder is the department's

21  recovery amount.

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

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

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

25  excluding notice charged solely by reason of the recording of

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

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

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

29  proceeds therefrom for a covered illness or injury, is

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

31  receipt of settlement proceeds, the full amount of the

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

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

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

  4  of the department pending judicial or administrative

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

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

  7  received medical assistance from Medicaid, and that

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

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

10  provided medical assistance, and that any such person

11  knowingly obtained possession or control of, or used,

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

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

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

15  pending judicial or administrative determination, unless

16  adequately explained, gives rise to an inference that such

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

18  payments received from social security, insurance, or other

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

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

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

22  request appropriate officers or agencies of the state to

23  investigate suspected criminal violations or fraudulent

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

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

26  directed, without limitation, to the Medicaid Fraud Control

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

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

29  primary responsibility to investigate and control Medicaid

30  fraud.

31

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  1         (b)  In carrying out duties and responsibilities

  2  related to Medicaid fraud control, the department may subpoena

  3  witnesses or materials within or outside the state and,

  4  through any duly designated employee, administer oaths and

  5  affirmations and collect evidence for possible use in either

  6  civil or criminal judicial proceedings.

  7         (c)  All information obtained and documents prepared

  8  pursuant to an investigation of a Medicaid recipient, the

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

10  to an allegation of recipient fraud or theft is confidential

11  and exempt from s. 119.07(1):

12         1.  Until such time as the department takes final

13  agency action;

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

15  case for criminal prosecution;

16         3.  Until such time as an indictment or criminal

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

18  or

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

20         Section 5.  Subsection (1) of section 414.28, Florida

21  Statutes, is amended to read:

22         414.28  Public assistance payments to constitute debt

23  of recipient.--

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

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

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

27  debt thereby created is enforceable only by claim filed

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

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

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

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

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

  2  public assistance paid to or for the benefit of such

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

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

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

  6         Section 6.  Section 198.30, Florida Statutes, is

  7  amended to read:

  8         198.30  Circuit judge to furnish department with names

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

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

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

12  respective personal representatives, administrators, or

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

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

15  estates of decedents whose wills have been probated or

16  propounded for probate before the circuit judge or upon which

17  letters testamentary or upon whose estates letters of

18  administration or curatorship have been sought or granted,

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

20  other information which the circuit judge may have concerning

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

22  report shall be provided to the Agency for Health Care

23  Administration. A circuit judge shall also furnish forthwith

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

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

26  from time to time require.

27         Section 7.  Subsection (1) of section 154.504, Florida

28  Statutes, is amended to read:

29         154.504  Eligibility and benefits.--

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

31  care for children and families challenge grant to provide

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  1  primary health care services to children and families with

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

  3  Participants shall pay no monthly premium for participation,

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

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

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

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

  8  766.1115, the term "copayment" may not be considered and may

  9  not be used as compensation for services to health care

10  providers, and all funds generated from copayments shall be

11  used by the governmental contractor.

12         Section 8.  Section 381.0022, Florida Statutes, is

13  created to read:

14         381.0022  Sharing confidential

15  information.--Notwithstanding any other law to the contrary,

16  the Department of Health and the Department of Children and

17  Family Services may share confidential or exempt information

18  that concerns clients served by both agencies. Confidential

19  information exchanged as provided in this section remains

20  confidential and exempt for disclosure as otherwise provided

21  by law.

22         Section 9.  Section 402.115, Florida Statutes, is

23  created to read:

24         402.115  Sharing confidential

25  information.--Notwithstanding any other law to the contrary,

26  the Department of Health and the Department of Children and

27  Family Services may share confidential or exempt information

28  that concerns clients served by both agencies. Confidential

29  information exchanged as provided in this section remains

30  confidential and exempt for disclosure as otherwise provided

31  by law.

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  1         Section 10.  Paragraph (e) is added to subsection (1)

  2  of section 414.028, Florida Statutes, to read:

  3         414.028  Local WAGES coalitions.--The WAGES Program

  4  State Board of Directors shall create and charter local WAGES

  5  coalitions to plan and coordinate the delivery of services

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

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

  8  the boundaries of the service area for the regional workforce

  9  development board established under the Enterprise Florida

10  workforce development board. The local delivery of services

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

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

13  local service providers designated by the regional workforce

14  development boards.

15         (1)

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

17  a representative of a Healthy Start Coalition shall serve as

18  an ex officio, nonvoting member of the coalition.

19         Section 11.  Paragraph (a) of subsection (1) of section

20  766.101, Florida Statutes, is amended to read:

21         766.101  Medical review committee, immunity from

22  liability.--

23         (1)  As used in this section:

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

25  means:

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

27  center licensed under chapter 395 or a health maintenance

28  organization certificated under part I of chapter 641,

29         b.  A committee of a state or local professional

30  society of health care providers,

31

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

  2  hospital or nursing home, provided the medical staff operates

  3  pursuant to written bylaws that have been approved by the

  4  governing board of the hospital or nursing home,

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

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

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

  8  the authority or both,

  9         e.  A committee of a professional service corporation

10  formed under chapter 621 or a corporation organized under

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

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

13  which has at least 25 health care providers who routinely

14  provide health care services directly to patients,

15         f.  A committee of a mental health treatment facility

16  licensed under chapter 394 or a community mental health center

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

18  program operates pursuant to the guidelines which have been

19  approved by the governing board of the agency,

20         g.  A committee of a substance abuse treatment and

21  education prevention program licensed under chapter 397

22  provided the quality assurance program operates pursuant to

23  the guidelines which have been approved by the governing board

24  of the agency,

25         h.  A peer review or utilization review committee

26  organized under chapter 440, or

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

28  health department, healthy start coalition, or certified rural

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

30  of these entities when reviewing mortality records,

31

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  1  which committee is formed to evaluate and improve the quality

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

  3  determine that health services rendered were professionally

  4  indicated or were performed in compliance with the applicable

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

  6  considered reasonable by the providers of professional health

  7  services in the area; or

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

  9  underwriting association of medical malpractice insurance, or

10  other persons conducting review under s. 766.106.

11         Section 12.  Section 383.04, Florida Statutes, is

12  amended to read:

13         383.04  Prophylactic required for eyes of

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

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

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

17  hour after birth an effective prophylactic recommended by the

18  Committee on Infectious Diseases of the American Academy of

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

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

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

22  been opened, or some equally effective prophylactic approved

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

24  blindness from ophthalmia neonatorum. This section does shall

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

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

27  of a child written objections on account of religious beliefs

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

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

30  that such measures were or were not employed and attach

31  thereto any written objection.

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  1         Section 13.  Section 383.05, Florida Statutes, is

  2  repealed.

  3         Section 14.  This act shall take effect July 1, 1998.

  4

  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                            CS/SB 484

  7

  8  Contains the following provisions:

  9  Precribes guidelines for Medicaid payment of Medicare
    deductibles and coinsurance;
10
    Repeals a prohibition on specified contracts and eliminates a
11  redundant provision;

12  Prohibits the use of copayments as compensation by health care
    providers;
13
    Authorizes the Department of Health and the Department of
14  Children and Family Services to share confidential information
    on their mutual clients;
15
    Provides for a representative of a county health department or
16  Healthy Start Coalition to serve as a nonvoting member of the
    local WAGES coalition;
17
    Redefines the term "medical review committee" to include a
18  committee of the Department of Health;

19  Requires the prophylactic to be used for the eyes of newborn
    infants to be approved by the Committee on Infectious Diseases
20  of the American Academy of Pediatrics; and

21  Repeals provision requiring the Department of Health to
    prepare prophylactic solution, disallowed by s. 383.04, F.S.,
22  for free distribution.

23

24

25

26

27

28

29

30

31

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