Senate Bill 0484er

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  1

  2         An act relating to health care; providing an

  3         important state interest; amending ss. 154.301,

  4         154.302, 154.304, 154.306, 154.308, 154.309,

  5         154.31, 154.3105, 154.312, 154.314, and

  6         154.316, F.S., relating to health care

  7         responsibility for indigents; revising short

  8         title; revising definitions; limiting the

  9         maximum amount a county may be required to pay

10         an out-of-county hospital; providing hospitals

11         additional time to notify counties of admission

12         or treatment of out-of-county patients;

13         revising language and conforming references;

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

15         limiting applicability of copayments under the

16         Primary Care for Children and Families

17         Challenge Grant Program; amending s. 198.30,

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

19         decedents to be provided to the Agency for

20         Health Care Administration; amending ss.

21         240.4075 and 240.4076, F.S., relating the

22         Nursing Student Loan Forgiveness Program, the

23         Nursing Student Loan Forgiveness Trust Fund,

24         and the nursing scholarship program;

25         transferring powers, duties, and functions with

26         respect thereto from the Department of Health

27         to the Department of Education; creating ss.

28         381.0022 and 402.115, F.S.; authorizing the

29         Department of Health and the Department of

30         Children and Family Services to share

31         confidential and exempt information; amending


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  1         s. 381.004, F.S., relating to HIV testing;

  2         providing a penalty and increasing existing

  3         penalties; amending s. 384.34, F.S., relating

  4         to sexually transmissible diseases; providing a

  5         penalty and increasing existing penalties;

  6         amending s. 414.028, F.S.; providing for a

  7         representative of a county health department or

  8         Healthy Start Coalition to serve on the local

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

10         redefining the term "medical review committee"

11         to include a committee of the Department of

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

13         that the Department of Health is the designated

14         state agency for receiving federal funds for

15         the Child Care Food Program; requiring the

16         department to adopt rules for administering the

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

18         requirements for the prophylactic to be used

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

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

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

22         providing Medicaid eligibility standards for

23         certain persons; conforming references;

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

25         to establish a reimbursement methodology for

26         long-term-care services for Medicaid-eligible

27         nursing home residents; specifying requirements

28         for the methodology; providing legislative

29         intent; prescribing guidelines for Medicaid

30         payment of Medicare deductibles and

31         coinsurance; eliminating a prohibition on


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  1         specified contracts; repealing redundant

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

  3         authorizing the agency to include

  4         disease-management initiatives in providing and

  5         monitoring Medicaid services; authorizing the

  6         agency to competitively negotiate home health

  7         services; authorizing the agency to seek

  8         necessary federal waivers that relate to the

  9         competitive negotiation of such services;

10         directing the Agency for Health Care

11         Administration to establish an outpatient

12         specialty services pilot project; providing

13         definitions; providing criteria for

14         participation; requiring an evaluation and a

15         report to the Governor and Legislature;

16         modifying the licensure requirements for a

17         provider of services under a pilot project;

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

19         Agency for Health Care Administration to

20         reimburse county health departments for

21         school-based services; requiring Medicaid

22         managed-care contractors to attempt to enter

23         agreements with school districts and county

24         health departments for specified services;

25         specifying the departments that are required to

26         make certain information available to Medicaid

27         recipients; extending the period during which a

28         Medicaid recipient may disenroll from a managed

29         care plan or MediPass provider; deleting

30         authorization for the agency to request a

31         federal waiver from the requirement that a


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  1         Medicaid managed care plan include a specified

  2         ratio of enrollees; amending requirements for

  3         the mandatory assignment of Medicaid

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

  5         providing for the distribution of amounts

  6         recovered in certain tort suits involving

  7         intervention by the Agency for Health Care

  8         Administration; requiring that certain

  9         third-party benefits received by a Medicaid

10         recipient be remitted within a specified

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

12         order under which a claim may be made against

13         the estate of a recipient of public assistance;

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

15         requirements by certain insurers; requiring

16         certain self-insurers to report certain

17         information to the Department of Insurance;

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

19         Facility in Marion County; providing an

20         appropriation to be matched by federal Medicaid

21         funds; providing effective dates.

22

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

24

25         Section 1.  The Legislature finds that the provisions

26  of this act which amend sections 154.301 through 154.316,

27  Florida Statutes, fulfill the important state interest of

28  promoting the legislative intent of the Florida Health Care

29  Responsibility Act, as that intent is expressed in section

30  154.302, Florida Statutes.

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  1         Section 2.  Section 154.301, Florida Statutes, is

  2  amended to read:

  3         154.301  Short title.--Sections 154.301-154.316 may be

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

  5         Section 3.  Section 154.302, Florida Statutes, is

  6  amended to read:

  7         154.302  Legislative intent.--The Legislature finds

  8  that certain hospitals provide a disproportionate share of

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

10  their medical bills, and who are not eligible for

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

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

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

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

15  The Legislature further finds that it is inequitable for

16  hospitals and taxpayers of one county to be expected to

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

18  the Legislature declares that the state and the counties must

19  share the responsibility of assuring that adequate and

20  affordable health care is available to all Floridians.

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

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

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

24  indigent patient resides.

25         Section 4.  Section 154.304, Florida Statutes, is

26  amended to read:

27         154.304  Definitions.--As used in this part, the term

28  For the purpose of this act:

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

30  Administration.

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

  2  in chapter 408.

  3         (2)  "Certification determination procedures" means the

  4  process used by the county of residence or the agency

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

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

  7  or lawfully admitted alien who has been certified as a

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

  9  governing body to provide certification determination

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

11  agency department if such county does not make a determination

12  of residency within 60 days after of receiving a certified

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

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

15  determination.

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

17  of uncompensated charity care as reported to the agency for

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

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

20  participating hospital or a regional referral hospital before

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

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

23  ratio of uncompensated charity care days compared to total

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

25  than 2 percent.

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

27         (6)  "Eligibility determination procedures" means the

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

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

30  or federally funded programs, and the availability of

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

  2  indigent for the purpose of this part act.

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

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

  5  agency department which qualifies as either a participating

  6  hospital or as a regional referral hospital pursuant to this

  7  section; except that, hospitals operated by the department

  8  shall not be considered participating hospitals for purposes

  9  of this part act.

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

11  eligible to receive reimbursement under the provisions of this

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

13  having met its charity care obligation and has either:

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

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

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

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

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

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

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

21  154.308 to have an average family income, for the 12 months

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

23  federal nonfarm poverty level; who is not eligible to

24  participate in any other government program that which

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

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

27  public institution as defined under the medical assistance

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

29  Act, as amended.

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

31  that which is eligible to receive reimbursement under the


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

  2  obligation and it meets the definition of teaching hospital as

  3  defined in s. 408.07.

  4         Section 5.  Section 154.306, Florida Statutes, is

  5  amended to read:

  6         154.306  Financial responsibility for certified

  7  residents who are qualified indigent patients treated at an

  8  out-of-county participating hospital or regional referral

  9  hospital.--Ultimate financial responsibility for treatment

10  received at a participating hospital or a regional referral

11  hospital by a qualified indigent patient who is a certified

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

13  resident of the county in which the participating hospital or

14  regional referral hospital is located, is shall be the

15  obligation of the county of which the qualified indigent

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

17  reimburse participating hospitals or regional referral

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

19  or arrange for indigent eligibility determination procedures

20  and resident certification determination procedures as

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

22  The agency department, or any county determining eligibility

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

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

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

26  making an eligibility determination.

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

28  resident who qualifies as an indigent patient under this part

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

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

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


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

  2  hospital under the medical assistance program for the needy

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

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

  5  1, 1991, shall reimburse hospitals for such services at not

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

  7  However, nothing in this section shall preclude a hospital

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

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

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

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

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

13  department shall calculate and certify to each county by March

14  1 of each year, the maximum amount the county may be required

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

16  state population estimate for the total population of the

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

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

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

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

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

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

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

24  care provided to qualified indigent residents may be reduced

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

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

27  indigent residents.

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

29  elective or nonemergency admissions or services at an

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

31  certified resident of the county if when the county provides


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

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

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

  4  authorization and approval for such hospital admission or

  5  service, provided that the resident county has established a

  6  procedure to authorize and approve such admissions.

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

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

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

10  any emergency medical condition which will deteriorate from

11  failure to provide such treatment if and when such condition

12  is determined and documented by the attending physician to be

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

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

15  154.309.

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

17  treatment of a qualified indigent who is a certified resident

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

19  hospital or regional referral hospital, until such time as

20  that hospital has documented to the agency board and the

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

22  obligation based on the most recent audited actual experience.

23         Section 6.  Section 154.308, Florida Statutes, is

24  amended to read:

25         154.308  Determination of patient's eligibility;

26  spend-down program.--

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

28  shall adopt rules which provide statewide eligibility

29  determination procedures, forms, and criteria which shall be

30  used by all counties for determining whether a person

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  1  financially qualifies as indigent for the purposes of this

  2  part act.

  3         (a)  The criteria used to determine eligibility must

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

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

  6  which verification of income shall be required, which

  7  categories of persons shall be eligible, and any other

  8  criteria which may be determined as necessary.

  9         (b)  The methodology for determining by which to

10  determine financial eligibility must shall also be uniform

11  statewide such that any county or the state could determine

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

13  act.

14         (2)  Determination of financial eligibility as a

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

16  admission to a participating hospital or a regional referral

17  hospital or subsequent to such admission.

18         (3)  Determination of whether a hospital patient not

19  already determined eligible meets or does not meet eligibility

20  standards to financially qualify as indigent for the purpose

21  of this act shall be made within 60 days following

22  notification by the hospital requesting a determination of

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

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

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

26  department is unable to determine a patient's eligibility

27  within the allotted timeframe, the hospital shall be notified

28  in writing of the reason or reasons.

29         (4)  A patient determined eligible as a qualified

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

31  admission to a participating hospital or a regional referral


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  1  hospital shall be considered to have been qualified upon

  2  admission. Such determination shall be made by a person

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

  4  determination or by the agency department.

  5         (5)  Notwithstanding any other provision of this part

  6  within this act, any county may establish thresholds of

  7  financial eligibility to qualify indigents under this act

  8  which are less restrictive than 100 percent of the federal

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

10  eligibility thresholds which are more restrictive than 100

11  percent of the federal poverty line.

12         (6)  Notwithstanding any other provision of this part

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

14  persons who would otherwise qualify as qualified indigent

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

16  preceding the determination, is between 100 percent and 150

17  percent of the federal poverty level.  The agency department

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

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

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

21  hospital care which would otherwise have qualified for payment

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

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

24  October 1, 1991.

25         Section 7.  Section 154.309, Florida Statutes, is

26  amended to read:

27         154.309  Certification of county of residence.--

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

29  shall adopt rules for certification determination procedures

30  which provide criteria to be used for determining a qualified

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


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

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

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

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

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

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

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

  8  determination within 60 days following written notification by

  9  a hospital, the agency department shall determine residency

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

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

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

13  as the residence of any qualified indigent under this act

14  shall be liable to reimburse the treating hospital pursuant to

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

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

17  hospital shall be notified in writing of such reason or

18  reasons.

19         Section 8.  Section 154.31, Florida Statutes, is

20  amended to read:

21         154.31  Obligation of participating hospital or

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

23  accepting the procedures of this act, each participating

24  hospital or regional referral hospital in Florida shall be

25  obligated to admit for emergency treatment all Florida

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

27  eligibility standards established pursuant to s. 154.308 and

28  who meet the medical standards for admission to such

29  institutions. If the agency department determines that a

30  participating hospital or a regional referral hospital has

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


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  1  department may impose an administrative fine, not to exceed

  2  $5,000 per incident, and suspend the hospital from eligibility

  3  for reimbursement under the provisions of this part act.

  4         Section 9.  Section 154.3105, Florida Statutes, is

  5  amended to read:

  6         154.3105  Rules.--Rules governing the Health Care

  7  Responsibility Act of 1988 shall be developed by the agency

  8  department based on recommendations of a work group consisting

  9  of equal representation by the agency department, the hospital

10  industry, and the counties.  County representatives to this

11  work group shall be appointed by the Florida Association of

12  Counties.  Hospital representatives to this work group shall

13  be appointed by the associations representing those hospitals

14  which best represent the positions of the hospitals most

15  likely to be eligible for reimbursement.  Rules governing the

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

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

18         (1)  Eligibility determination procedures and criteria.

19         (2)  Certification determination procedures and methods

20  of notification to hospitals.

21         Section 10.  Section 154.312, Florida Statutes, is

22  amended to read:

23         154.312  Procedure for settlement of disputes.--All

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

25  participating hospital, or a regional referral hospital shall

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

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

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

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

30  under chapter 120 may combine all disputes between parties.

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


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  1  county alleges that a residency determination or eligibility

  2  determination made by the agency department is incorrect, the

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

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

  5  supported by the evidence.

  6         Section 11.  Section 154.314, Florida Statutes, is

  7  amended to read:

  8         154.314  Certification of the State of Florida.--

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

10  rendered by a participating hospital or a regional referral

11  hospital is not received from the responsible county within 90

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

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

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

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

16  the date of exhaustion of all administrative and legal

17  remedies as provided in chapter 120, the hospital shall

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

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

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

21  notice to forward the amount delinquent to the appropriate

22  hospital from any funds due to the county under any

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

24  except as otherwise provided by the State Constitution.  The

25  Comptroller shall provide the Governor and the fiscal

26  appropriations and finance and tax committees in the House of

27  Representatives and the Senate with a quarterly accounting of

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

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

30  funds due to the county.

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  1         Section 12.  Section 154.316, Florida Statutes, is

  2  amended to read:

  3         154.316  Hospital's responsibility to notify of

  4  admission of indigent patients.--

  5         (1)  Any hospital admitting or treating any

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

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

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

  9  county of residency of such admission, or such hospital

10  forfeits its right to reimbursement.

11         (2)  It shall be the responsibility of any

12  participating hospital or regional referral hospital to

13  initiate any eligibility or certification determination

14  procedures with any appropriate state or county agency which

15  can determine financial eligibility or certify an indigent as

16  a resident under this part act.

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

18  Statutes, is amended to read:

19         154.504  Eligibility and benefits.--

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

21  care for children and families challenge grant to provide

22  primary health care services to children and families with

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

24  Participants shall pay no monthly premium for participation,

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

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

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

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

29  766.1115, the term "copayment" may not be considered and may

30  not be used as compensation for services to health care

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  1  providers, and all funds generated from copayments shall be

  2  used by the governmental contractor.

  3         Section 14.  Section 198.30, Florida Statutes, is

  4  amended to read:

  5         198.30  Circuit judge to furnish department with names

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

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

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

  9  respective personal representatives, administrators, or

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

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

12  estates of decedents whose wills have been probated or

13  propounded for probate before the circuit judge or upon which

14  letters testamentary or upon whose estates letters of

15  administration or curatorship have been sought or granted,

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

17  other information which the circuit judge may have concerning

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

19  report shall be provided to the Agency for Health Care

20  Administration. A circuit judge shall also furnish forthwith

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

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

23  from time to time require.

24         Section 15.  Section 240.4075, Florida Statutes, is

25  amended to read:

26         240.4075  Nursing Student Loan Forgiveness Program.--

27         (1)  To encourage qualified personnel to seek

28  employment in areas of this state in which critical nursing

29  shortages exist, there is established the Nursing Student Loan

30  Forgiveness Program.  The primary function of the program is

31  to increase employment and retention of registered nurses and


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  1  licensed practical nurses in nursing homes and hospitals in

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

  3  facilities, birth centers, federally sponsored community

  4  health centers and teaching hospitals by making repayments

  5  toward loans received by students from federal or state

  6  programs or commercial lending institutions for the support of

  7  postsecondary study in accredited or approved nursing

  8  programs.

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

10  from an accredited or approved nursing program and have

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

12  registered nurse or a Florida certificate as an advanced

13  registered nurse practitioner.

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

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

16  $4,000 for each year of education towards the degree obtained.

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

18  contingent upon continued proof of employment in the

19  designated facilities in this state. Loan principal payments

20  shall be made by the Department of Education Health directly

21  to the federal or state programs or commercial lending

22  institutions holding the loan as follows:

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

24  accrued interest shall be retired after the first year of

25  nursing;

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

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

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

29  accrued interest shall be retired after the third year of

30  nursing; and

31


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  1         (d)  The remaining loan principal and accrued interest

  2  shall be retired after the fourth year of nursing.

  3

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

  5  12-month period.

  6         (5)  There is created the Nursing Student Loan

  7  Forgiveness Trust Fund to be administered by the Department of

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

  9  department rules.  The Comptroller shall authorize

10  expenditures from the trust fund upon receipt of vouchers

11  approved by the Department of Education Health.  All moneys

12  collected from the private health care industry and other

13  private sources for the purposes of this section shall be

14  deposited into the Nursing Student Loan Forgiveness Trust

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

16  year shall remain therein and shall be available for carrying

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

18         (6)  In addition to licensing fees imposed under

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

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

21  of nursing licensure. Revenues collected from the fee imposed

22  in this subsection shall be deposited in the Nursing Student

23  Loan Forgiveness Trust Fund of the Department of Education

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

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

26  percent of the revenues appropriated to implement this

27  subsection may be used for the nursing scholarship program

28  established pursuant to s. 240.4076.

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

30  Forgiveness Trust Fund which are to be used for loan

31  forgiveness for those nurses employed by hospitals, birth


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  1  centers, and nursing homes must be matched on a

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

  3  institutions, except that this provision shall not apply to

  4  state-operated medical and health care facilities, county

  5  health departments, federally sponsored community health

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

  7         (b)  All Nursing Student Loan Forgiveness Trust Fund

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

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

10  shall increase the total funds available for loan forgiveness

11  and scholarships. Pledged contributions shall not be eligible

12  for matching prior to the actual collection of the total

13  private contribution for the year.

14         (8)  The Department of Education Health may solicit

15  technical assistance relating to the conduct of this program

16  from the Department of Health Education.

17         (9)  The Department of Education Health is authorized

18  to recover from the Nursing Student Loan Forgiveness Trust

19  Fund its costs for administering the Nursing Student Loan

20  Forgiveness Program.

21         (10)  The Department of Education Health may adopt

22  rules necessary to administer this program.

23         (11)  This section shall be implemented only as

24  specifically funded.

25         Section 16.  Section 240.4076, Florida Statutes, is

26  amended to read:

27         240.4076  Nursing scholarship program.--

28         (1)  There is established within the Department of

29  Education Health a scholarship program for the purpose of

30  attracting capable and promising students to the nursing

31  profession.


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

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

  3  approved nursing program leading to the award of a

  4  baccalaureate or any advanced registered nurse practitioner

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

  6  an approved program leading to the award of an associate

  7  degree in nursing or a diploma in nursing.

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

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

10  registered nurses pursuing an advanced registered nurse

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

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

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

14  urban consumers published by the United States Department of

15  Commerce.

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

17  follows:

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

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

20  facility in a medically underserved area as approved by the

21  Department of Education Health. Scholarship recipients who

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

23  service obligation prorated in proportion to the amount of

24  scholarship payments received.

25         (b)  Eligible health care facilities include

26  state-operated medical or health care facilities, county

27  health departments, federally sponsored community health

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

29  recipient shall be encouraged to complete the service

30  obligation at a single employment site.  If continuous

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


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  1  apply to the department for a transfer to another approved

  2  health care facility.

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

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

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

  6  determined by the department, the entire amount of the

  7  scholarship plus 18 percent interest accruing from the date of

  8  the scholarship payment. Moneys repaid shall be deposited into

  9  the Nursing Student Loan Forgiveness Trust Fund established in

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

11  time for repayment if the department finds that circumstances

12  beyond the control of the recipient caused or contributed to

13  the default.

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

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

16  complete 12 months of approved employment for each year of

17  scholarship assistance received shall repay to the Department

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

19  amount of the scholarship plus interest accruing from the date

20  of the scholarship payment at the maximum allowable interest

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

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

23  However, the department may provide additional time for

24  repayment if the department finds that circumstances beyond

25  the control of the recipient caused or contributed to the

26  default.

27         (5)  Scholarship payments shall be transmitted to the

28  recipient upon receipt of documentation that the recipient is

29  enrolled in an approved nursing program. The Department of

30  Education Health shall develop a formula to prorate payments

31


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  1  to scholarship recipients so as not to exceed the maximum

  2  amount per academic year.

  3         (6)  The Department of Education Health shall adopt

  4  rules, including rules to address extraordinary circumstances

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

  6  enrollment or employment contractual agreement, to implement

  7  this section and may solicit technical assistance relating to

  8  the conduct of this program from the Department of Health

  9  Education.

10         (7)  The Department of Education Health is authorized

11  to recover from the Nursing Student Loan Forgiveness Trust

12  Fund its costs for administering the nursing scholarship

13  program.

14         Section 17.  All statutory powers, duties and

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

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

17  the Department of Health relating to the Nursing Student Loan

18  Forgiveness Program and the Nursing Student Loan Forgiveness

19  Trust Fund, as created in section 240.4075, Florida Statutes,

20  and the nursing scholarship program, as created in section

21  240.4076, Florida Statutes, are transferred by a type two

22  transfer, as provided for in section 20.06(2), Florida

23  Statutes, from the Department of Health to the Department of

24  Education. Such transfer shall take effect July 1, 1998. Any

25  rules adopted by or for the Department of Health for the

26  administration and operation of the Nursing Student Loan

27  Forgiveness Program, the Nursing Student Loan Forgiveness

28  Trust Fund, and the nursing scholarship program are included

29  in such transfer.

30         Section 18.  Section 381.0022, Florida Statutes, is

31  created to read:


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  1         381.0022  Sharing confidential or exempt

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

  3  the contrary, the Department of Health and the Department of

  4  Children and Family Services may share confidential

  5  information or information exempt from disclosure under

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

  7  of a program within the jurisdiction of each agency.

  8  Information so exchanged remains confidential or exempt as

  9  provided by law.

10         Section 19.  Section 402.115, Florida Statutes, is

11  created to read:

12         402.115  Sharing confidential or exempt

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

14  the contrary, the Department of Health and the Department of

15  Children and Family Services may share confidential

16  information or information exempt from disclosure under

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

18  of a program within the jurisdiction of each agency.

19  Information so exchanged remains confidential or exempt as

20  provided by law.

21         Section 20.  Subsection (6) of section 381.004, Florida

22  Statutes, is amended to read:

23         381.004  Testing for human immunodeficiency virus.--

24         (6)  PENALTIES.--

25         (a)  Any violation of this section by a facility or

26  licensed health care provider shall be a ground for

27  disciplinary action contained in the facility's or

28  professional's respective licensing chapter.

29         (b)  Any person who violates the confidentiality

30  provisions of this section and s. 951.27 commits a misdemeanor

31


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  1  of the first degree, punishable as provided in s. 775.082 or

  2  s. 775.083.

  3         (c)  Any person who obtains information that identifies

  4  an individual who has a sexually transmissible disease

  5  including human immunodeficiency virus or acquired

  6  immunodeficiency syndrome, who knew or should have known the

  7  nature of the information and maliciously, or for monetary

  8  gain, disseminates this information or otherwise makes this

  9  information known to any other person, except by providing it

10  either to a physician or nurse employed by the department or

11  to a law enforcement agency, commits a felony of the third

12  degree, punishable as provided in ss. 775.082 or 775.083.

13         Section 21.  Section 384.34, Florida Statutes, is

14  amended to read:

15         384.34  Penalties.--

16         (1)  Any person who violates the provisions of s.

17  384.24(1) commits a misdemeanor of the first degree,

18  punishable as provided in s. 775.082 or s. 775.083.

19         (2)  Any person who violates the provisions of s.

20  384.26 or s. 384.29 commits a misdemeanor of the first degree,

21  punishable as provided in s. 775.082 or s. 775.083.

22         (3)  Any person who maliciously disseminates any false

23  information or report concerning the existence of any sexually

24  transmissible disease commits a felony of the third is guilty

25  of a misdemeanor of the second degree, punishable as provided

26  in ss. s. 775.082, or s. 775.083, and 775.084.

27         (4)  Any person who violates the provisions of the

28  department's rules pertaining to sexually transmissible

29  diseases may be punished by a fine not to exceed $500 for each

30  violation. Any penalties enforced under this subsection shall

31  be in addition to other penalties provided by this act.


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  1         (5)  Any person who violates the provisions of s.

  2  384.24(2) commits a felony of the third degree, punishable as

  3  provided in ss. 775.082, 775.083, 775.084, and 775.0877(7).

  4  Any person who commits multiple violations of the provisions

  5  of s. 384.24(2) commits a felony of the first degree,

  6  punishable as provided in ss. 775.082, 775.083, 775.084, and

  7  775.0877(7).

  8         (6)  Any person who obtains information that identifies

  9  an individual who has a sexually transmissible disease, who

10  knew or should have known the nature of the information and

11  maliciously, or for monetary gain, disseminates this

12  information or otherwise makes this information known to any

13  other person, except by providing it either to a physician or

14  nurse employed by the Department of Health or to a law

15  enforcement agency, commits a felony of the third degree,

16  punishable as provided in ss. 775.082, 775.083, or 775.084.

17         Section 22.  Paragraph (e) is added to subsection (1)

18  of section 414.028, Florida Statutes, to read:

19         414.028  Local WAGES coalitions.--The WAGES Program

20  State Board of Directors shall create and charter local WAGES

21  coalitions to plan and coordinate the delivery of services

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

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

24  the boundaries of the service area for the regional workforce

25  development board established under the Enterprise Florida

26  workforce development board. The local delivery of services

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

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

29  local service providers designated by the regional workforce

30  development boards.

31         (1)


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

  2  a representative of a Healthy Start Coalition shall serve as

  3  an ex officio, nonvoting member of the coalition.

  4         Section 23.  Paragraph (a) of subsection (1) of section

  5  766.101, Florida Statutes, is amended to read:

  6         766.101  Medical review committee, immunity from

  7  liability.--

  8         (1)  As used in this section:

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

10  means:

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

12  center licensed under chapter 395 or a health maintenance

13  organization certificated under part I of chapter 641,

14         b.  A committee of a state or local professional

15  society of health care providers,

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

17  hospital or nursing home, provided the medical staff operates

18  pursuant to written bylaws that have been approved by the

19  governing board of the hospital or nursing home,

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

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

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

23  the authority or both,

24         e.  A committee of a professional service corporation

25  formed under chapter 621 or a corporation organized under

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

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

28  which has at least 25 health care providers who routinely

29  provide health care services directly to patients,

30         f.  A committee of a mental health treatment facility

31  licensed under chapter 394 or a community mental health center


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

  2  program operates pursuant to the guidelines which have been

  3  approved by the governing board of the agency,

  4         g.  A committee of a substance abuse treatment and

  5  education prevention program licensed under chapter 397

  6  provided the quality assurance program operates pursuant to

  7  the guidelines which have been approved by the governing board

  8  of the agency,

  9         h.  A peer review or utilization review committee

10  organized under chapter 440, or

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

12  health department, healthy start coalition, or certified rural

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

14  of these entities when reviewing mortality records,

15

16  which committee is formed to evaluate and improve the quality

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

18  determine that health services rendered were professionally

19  indicated or were performed in compliance with the applicable

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

21  considered reasonable by the providers of professional health

22  services in the area; or

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

24  underwriting association of medical malpractice insurance, or

25  other persons conducting review under s. 766.106.

26         Section 24.  Paragraph (i) is added to subsection (1)

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

28  that section is amended, to read:

29         383.011  Administration of maternal and child health

30  programs.--

31


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

  2  state agency for:

  3         (i)  Receiving federal funds for children eligible for

  4  assistance through the child portion of the federal Child and

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

  6  Care Food Program, and for establishing and administering this

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

  8  provide nutritious meals and snacks for children in

  9  nonresidential day care. To ensure the quality and integrity

10  of the program, the department shall develop standards and

11  procedures that govern sponsoring organizations, day care

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

13  school hours. Standards and procedures must address the

14  following:  participation criteria for sponsoring

15  organizations, which may include administrative budgets,

16  staffing requirements, requirements for experience in

17  operating similar programs, operating hours and availability,

18  bonding requirements, geographic coverage, and a required

19  minimum number of homes or centers; procedures for

20  investigating complaints and allegations of noncompliance;

21  application and renewal requirements; audit requirements; meal

22  pattern requirements; requirements for managing funds;

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

24  storage and preparation; food service companies;

25  reimbursements; use of commodities; administrative reviews and

26  monitoring; training requirements; recordkeeping requirements;

27  and criteria pertaining to imposing sanctions and penalties,

28  including the denial, termination, and appeal of program

29  eligibility.

30         (2)  The Department of Health shall follow federal

31  requirements and may adopt any rules necessary for the


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  1  implementation of the maternal and child health care program,

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

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

  4  adopt rules that interpret and implement relevant federal

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

  6  address at least those program requirements and procedures

  7  identified in paragraph (1)(i).

  8         Section 25.  Section 383.04, Florida Statutes, is

  9  amended to read:

10         383.04  Prophylactic required for eyes of

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

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

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

14  hour after birth an effective prophylactic recommended by the

15  Committee on Infectious Diseases of the American Academy of

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

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

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

19  been opened, or some equally effective prophylactic approved

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

21  blindness from ophthalmia neonatorum. This section does shall

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

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

24  of a child written objections on account of religious beliefs

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

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

27  that such measures were or were not employed and attach

28  thereto any written objection.

29         Section 26.  Section 383.05, Florida Statutes, is

30  repealed.

31


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  1         Section 27.  Section 409.903, Florida Statutes, is

  2  amended to read:

  3         409.903  Mandatory payments for eligible persons.--The

  4  agency department shall make payments for medical assistance

  5  and related services on behalf of the following persons who

  6  the agency department determines to be eligible, subject to

  7  the income, assets, and categorical eligibility tests set

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

  9  Medicaid eligible persons is subject to the availability of

10  moneys and any limitations established by the General

11  Appropriations Act or chapter 216.

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

13  Medicaid provided they meet the following requirements:

14  Persons who receive payments from or are determined eligible

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

16  would be eligible but do not meet certain technical

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

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

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

20  families and their children.

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

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

23  least one parent is disabled or otherwise incapacitated.

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

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

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

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

28  state plan to conform as closely as possible to the

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

30  the extent permitted by federal law. Certain unemployed

31  two-parent families and their children.


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

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

  3  benefits from the federal program known as the Supplemental

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

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

  6  age 65 considered to be permanently and totally disabled.

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

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

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

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

11  WAGES Program.

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

13  Social Security Act for subsidized board payments, foster

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

15  has assumed temporary or permanent responsibility and who does

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

17  shelter or emergency shelter care, or subsidized adoption.

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

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

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

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

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

23  1992, that has an income which is at or below 185 percent of

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

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

26  applies for eligibility for the Medicaid program through a

27  qualified Medicaid provider must be offered the opportunity,

28  subject to federal rules, to be made presumptively eligible

29  for the Medicaid program.

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

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


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

  2  6, but has not attained the age of 19.  In determining the

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

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

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

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

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

  8  a child, an assets test is not required.

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

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

11  below 100 percent of the most current federal poverty level

12  and whose assets do not exceed limitations established by the

13  agency department.  However, the agency department may only

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

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

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

17         Section 28.  Subsections (2) and (13) of section

18  409.908, Florida Statutes, are amended to read:

19         409.908  Reimbursement of Medicaid providers.--Subject

20  to specific appropriations, the agency shall reimburse

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

22  according to methodologies set forth in the rules of the

23  agency and in policy manuals and handbooks incorporated by

24  reference therein.  These methodologies may include fee

25  schedules, reimbursement methods based on cost reporting,

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

27  and other mechanisms the agency considers efficient and

28  effective for purchasing services or goods on behalf of

29  recipients.  Payment for Medicaid compensable services made on

30  behalf of Medicaid eligible persons is subject to the

31  availability of moneys and any limitations or directions


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

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

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

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

  5  making any other adjustments necessary to comply with the

  6  availability of moneys and any limitations or directions

  7  provided for in the General Appropriations Act, provided the

  8  adjustment is consistent with legislative intent.

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

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

11  intermediate care facilities for the developmentally disabled

12  licensed under chapter 393 must be made prospectively.

13         2.  Unless otherwise limited or directed in the General

14  Appropriations Act, reimbursement to hospitals licensed under

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

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

17  statewide nursing home payment, and reimbursement to a

18  hospital licensed under part I of chapter 395 for the

19  provision of skilled nursing services must be made on the

20  basis of the average nursing home payment for those services

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

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

23  community nursing homes, reimbursement must be determined by

24  averaging the nursing home payments, in counties that surround

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

26  hospitals, including Medicaid payment of Medicare copayments,

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

28  unless a prior authorization has been obtained from the

29  agency. Medicaid reimbursement may be extended by the agency

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

31  by the patient's physician that the patient requires


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  1  short-term rehabilitative and recuperative services only, in

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

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

  4  chapter 395 for the temporary provision of skilled nursing

  5  services to nursing home residents who have been displaced as

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

  7  exceed the average county nursing home payment for those

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

  9  limited to the period of time which the agency considers

10  necessary for continued placement of the nursing home

11  residents in the hospital.

12         (b)  Subject to any limitations or directions provided

13  for in the General Appropriations Act, the agency shall

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

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

16  to provide care and services in conformance with the

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

18  quality and safety standards and to ensure that individuals

19  eligible for medical assistance have reasonable geographic

20  access to such care. Effective no earlier than the

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

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

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

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

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

26  resident classification system that accounts for the relative

27  resource utilization by different types of residents and which

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

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

30  account the medical, behavioral, and cognitive deficits of

31  residents. In developing the reimbursement methodology, the


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  1  agency shall evaluate and modify other aspects of the

  2  reimbursement plan as necessary to improve the overall

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

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

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

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

  7  more adequately cover the cost of services provided in the

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

  9  Department of Elderly Affairs, the Florida Health Care

10  Association, and the Florida Association of Homes for the

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

12  Legislature that the reimbursement plan achieve the goal of

13  providing access to health care for nursing home residents who

14  require large amounts of care while encouraging diversion

15  services as an alternative to nursing home care for residents

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

17  the establishment of any maximum rate of payment, whether

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

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

20  maximum rate of payment on the results of scientifically valid

21  analysis and conclusions derived from objective statistical

22  data pertinent to the particular maximum rate of payment.

23         (13)  Medicare premiums for persons eligible for both

24  Medicare and Medicaid coverage shall be paid at the rates

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

26  Medicare services rendered to Medicaid-eligible persons,

27  Medicaid shall pay Medicare deductibles and coinsurance as

28  follows:

29         (a)  Medicaid shall make no payment toward deductibles

30  and coinsurance for any service that is not covered by

31  Medicaid.


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  1         (b)  Medicaid's financial obligation for deductibles

  2  and coinsurance payments shall be based on Medicare allowable

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

  4         (c)  Medicaid will pay no portion of Medicare

  5  deductibles and coinsurance when payment that Medicare has

  6  made for the service equals or exceeds what Medicaid would

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

  8  of Medicare and Medicaid shall not exceed the amount Medicaid

  9  would have paid had it been the sole payor.

10         (d)  The following provisions are exceptions to

11  paragraphs (a)-(c):

12         1.  Medicaid payments for Nursing Home Medicare Part A

13  coinsurance shall be the lesser of the Medicare coinsurance

14  amount or the Medicaid nursing home per diem rate.

15         2.  Medicaid shall pay all deductibles and coinsurance

16  for Nursing Home Medicare Part B services.

17         3.  Medicaid shall pay all deductibles and coinsurance

18  for Medicare-eligible recipients receiving freestanding end

19  stage renal dialysis center services.

20         4.  Medicaid shall pay all deductibles and coinsurance

21  for hospital outpatient Medicare Part B services.

22         5.  Medicaid payments for general hospital inpatient

23  services shall be limited to the Medicare deductible per spell

24  of illness.  Medicaid shall make no payment toward coinsurance

25  for Medicare general hospital inpatient services.

26         6.  Medicaid shall pay all deductibles and coinsurance

27  for Medicare emergency transportation services provided by

28  ambulances licensed pursuant to chapter 401. Premiums,

29  deductibles, and coinsurance for Medicare services rendered to

30  Medicaid eligible persons shall be reimbursed in accordance

31


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  1  with fees established by Title XVIII of the Social Security

  2  Act.

  3         Section 29.  Paragraph (c) of subsection (4) of section

  4  409.912, Florida Statutes, is repealed, paragraph (b) of

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

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

  7  section, to read:

  8         409.912  Cost-effective purchasing of health care.--The

  9  agency shall purchase goods and services for Medicaid

10  recipients in the most cost-effective manner consistent with

11  the delivery of quality medical care.  The agency shall

12  maximize the use of prepaid per capita and prepaid aggregate

13  fixed-sum basis services when appropriate and other

14  alternative service delivery and reimbursement methodologies,

15  including competitive bidding pursuant to s. 287.057, designed

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

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

18  minimize the exposure of recipients to the need for acute

19  inpatient, custodial, and other institutional care and the

20  inappropriate or unnecessary use of high-cost services.

21         (3)  The agency may contract with:

22         (b)  An entity that is providing comprehensive

23  inpatient and outpatient mental health care services to

24  certain Medicaid recipients in Hillsborough, Highlands,

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

26  prepaid arrangement pursuant to the federal waiver provided

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

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

29  1998, and is exempt from the provisions of part I of chapter

30  641 until then. However, if the entity assumes risk, the

31  Department of Insurance shall develop appropriate regulatory


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  1  requirements by rule under the insurance code before the

  2  entity becomes operational.

  3         (13)  The agency shall identify health care utilization

  4  and price patterns within the Medicaid program which that are

  5  not cost-effective or medically appropriate and assess the

  6  effectiveness of new or alternate methods of providing and

  7  monitoring service, and may implement such methods as it

  8  considers appropriate. Such methods may include

  9  disease-management initiatives, an integrated and systematic

10  approach for managing the health care needs of recipients who

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

12  best practices, prevention strategies, clinical-practice

13  improvement, clinical interventions and protocols, outcomes

14  research, information technology, and other tools and

15  resources to reduce overall costs and improve measurable

16  outcomes.

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

18  purchasing of home health services through competitive

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

20  appropriate waivers from the federal Health Care Financing

21  Administration in order to competitively bid home health

22  services.

23         (35)  The Agency for Health Care Administration is

24  directed to issue a request for proposal or intent to

25  negotiate to implement on a demonstration basis an outpatient

26  specialty services pilot project in a rural and urban county

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

28  "outpatient specialty services" means clinical laboratory,

29  diagnostic imaging, and specified home medical services to

30  include durable medical equipment, prosthetics and orthotics,

31  and infusion therapy.


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

  2  Medicaid managed care outpatient specialty services must, at a

  3  minimum, meet the following criteria:

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

  5  Insurance under part II of chapter 641.

  6         2.  The entity must be experienced in providing

  7  outpatient specialty services.

  8         3.  The entity must demonstrate to the satisfaction of

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

10  patients.

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

12  complaints and grievance process to assist Medicaid recipients

13  enrolled in the pilot managed care program to resolve

14  complaints and grievances.

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

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

17  be to determine the cost-effectiveness and effects on

18  utilization, access, and quality of providing outpatient

19  specialty services to Medicaid recipients on a prepaid,

20  capitated basis.

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

22  review of the prepaid health clinic each year that the

23  demonstration program is in effect. The prepaid health clinic

24  is responsible for all expenses incurred by the agency in

25  conducting a quality assurance review.

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

27  outpatient specialty services to Medicaid recipients shall

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

29  the agency, for the purpose of conducting the evaluation

30  required in paragraph (e).

31


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

  2  pilot managed care program and report its findings to the

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

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

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

  6  which authorizes competitive bidding for Medicaid home health,

  7  clinical laboratory, or x-ray services.

  8         Section 30.  Effective January 1, 1999, paragraph (d)

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

10  amended to read:

11         409.912  Cost-effective purchasing of health care.--The

12  agency shall purchase goods and services for Medicaid

13  recipients in the most cost-effective manner consistent with

14  the delivery of quality medical care.  The agency shall

15  maximize the use of prepaid per capita and prepaid aggregate

16  fixed-sum basis services when appropriate and other

17  alternative service delivery and reimbursement methodologies,

18  including competitive bidding pursuant to s. 287.057, designed

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

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

21  minimize the exposure of recipients to the need for acute

22  inpatient, custodial, and other institutional care and the

23  inappropriate or unnecessary use of high-cost services.

24         (3)  The agency may contract with:

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

26  demonstration projects to test Medicaid direct contracting.

27  However, no such demonstration project shall be established

28  with a federally qualified health center nor shall any

29  provider service network under contract with the agency

30  pursuant to this paragraph include a federally qualified

31  health center in its provider network.  One demonstration


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  1  project must be located in Orange County.  The demonstration

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

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

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

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

  6  quality assurance, and patient rights requirements as

  7  established by the agency.  The agency shall award contracts

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

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

10  demonstration project shall be chosen equally from those who

11  would otherwise have been assigned to prepaid plans and

12  MediPass.  The agency is authorized to seek federal Medicaid

13  waivers as necessary to implement the provisions of this

14  section.  A demonstration project awarded pursuant to this

15  paragraph shall be for 2 years from the date of

16  implementation.

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

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

19  amended to read:

20         409.9122  Mandatory Medicaid managed care enrollment;

21  programs and procedures.--

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

23  or MediPass all Medicaid recipients, except those Medicaid

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

25  Medicaid medically needy program; or eligible for both

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

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

28  MediPass a Medicaid recipient who is exempt from mandatory

29  managed care enrollment, provided that:

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

31  care plan or MediPass is voluntary;


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

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

  3  plan provides specific programs and services which address the

  4  special health needs of the recipient; and

  5         3.  The agency receives any necessary waivers from the

  6  federal Health Care Financing Administration.

  7

  8  The agency shall develop rules to establish policies by which

  9  exceptions to the mandatory managed care enrollment

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

11  shall include the specific criteria to be applied when making

12  a determination as to whether to exempt a recipient from

13  mandatory enrollment in a managed care plan or MediPass.

14  School districts participating in the certified school match

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

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

17  236.0812(1) and (2), for a Medicaid-eligible child

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

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

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

21  plans shall make a good faith effort to execute agreements

22  with school districts and county health departments regarding

23  the coordinated provision of services authorized under s.

24  236.0812. County health departments delivering school-based

25  services pursuant to ss. 381.0056 and 381.0057 shall be

26  reimbursed by Medicaid for the federal share for a

27  Medicaid-eligible child who receives Medicaid-covered services

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

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

30  plans shall make a good faith effort to execute agreements

31  with county health departments regarding the coordinated


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

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

  3  Department of Health, and the Department of Education shall

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

  5  plan or MediPass provider receives information relating to

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

  7  381.0057, and 409.9071.

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

  9  care plans or MediPass.  The Agency for Health Care

10  Administration, the Department of Health and Rehabilitative

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

12  the Department of Elderly Affairs shall cooperate to ensure

13  that each Medicaid recipient receives clear and easily

14  understandable information that meets the following

15  requirements:

16         1.  Explains the concept of managed care, including

17  MediPass.

18         2.  Provides information on the comparative performance

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

20  credentialing, preventive health programs, network size and

21  availability, and patient satisfaction.

22         3.  Explains where additional information on each

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

24  obtained.

25         4.  Explains that recipients have the right to choose

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

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

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

29  MediPass according to the criteria specified in this section.

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

31  grievance, or change managed care plans or MediPass providers


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

  2  or MediPass.

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

  4  managed care plan or MediPass provider, the agency shall

  5  assign the Medicaid recipient to a managed care plan or

  6  MediPass provider. Medicaid recipients who are subject to

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

  8  assigned to managed care plans or provider service networks

  9  until an equal enrollment of 50 percent in MediPass and

10  provider service networks and 50 percent in managed care plans

11  is achieved.  Once equal enrollment is achieved, the

12  assignments shall be divided in order to maintain an equal

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

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

15  assignments shall be divided equally between the MediPass

16  program and managed care plans. Thereafter, assignment of

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

18  proportionally on the preferences of recipients who have made

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

20  revised at least quarterly to reflect an update of the

21  preferences of Medicaid recipients.  When making assignments,

22  the agency shall take into account the following criteria:

23         1.  A managed care plan has sufficient network capacity

24  to meet the need of members.

25         2.  The managed care plan or MediPass has previously

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

27  plan's primary care providers or MediPass providers has

28  previously provided health care to the recipient.

29         3.  The agency has knowledge that the member has

30  previously expressed a preference for a particular managed

31


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  1  care plan or MediPass provider as indicated by Medicaid

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

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

  4  providers are geographically accessible to the recipient's

  5  residence.

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

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

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

  9  select another managed care plan or MediPass provider.  After

10  90 60 days, no further changes may be made except for cause.

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

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

13  unreasonable delay or denial of service, or fraudulent

14  enrollment.  The agency shall develop criteria for good cause

15  disenrollment for chronically ill and disabled populations who

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

17  available through the MediPass program.  The agency must make

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

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

20  or MediPass grievance process prior to the agency's

21  determination of cause, except in cases in which immediate

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

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

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

25  first day of the second month after the month the

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

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

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

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

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

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


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

  2  agency fails to act within the specified timeframe, the

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

  4  of the date agency action was required.  Recipients who

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

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

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

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

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

10  Administration a waiver of the regulation requiring health

11  maintenance organizations to have one commercial enrollee for

12  each three Medicaid enrollees.

13         Section 32.  Paragraph (f) of subsection (12) and

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

15  amended to read:

16         409.910  Responsibility for payments on behalf of

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

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

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

20  intervene in, or join any legal or administrative proceeding

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

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

23  recipient, or as lienholder of the collateral.

24         (f)  Notwithstanding any provision in this section to

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

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

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

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

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

30  defined in subparagraph 4., after reasonable costs and

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


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  1  percent of the amount of medical assistance provided by

  2  Medicaid less any medical coverage paid or payable to the

  3  department, then distribution of the amount recovered shall be

  4  distributed as follows:

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

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

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

  8  total amount of medical assistance provided by Medicaid.

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

10  to the recipient.

11         3.  For purposes of calculating the department's

12  recovery of medical assistance benefits paid, the fee for

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

14  her legal representative shall be calculated at 25 percent of

15  the judgment, award, or settlement.

16         4.  Notwithstanding any provision of this section to

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

18  coverage benefits up to the total amount of medical assistance

19  provided by Medicaid.

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

21  recipient or his or her legal representative shall not exceed

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

23  reasonable costs and expenses of litigation, from the

24  judgment, award, or settlement.

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

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

27  the department for medical assistance provided by Medicaid.

28         3.  The remaining amount from the recovery shall be

29  paid to the recipient.

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

31  means any benefits under health insurance, a health


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  1  maintenance organization, a preferred provider arrangement, or

  2  a prepaid health clinic, and the portion of benefits

  3  designated for medical payments under coverage for workers'

  4  compensation, personal injury protection, and casualty.

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

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

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

  8  excluding notice charged solely by reason of the recording of

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

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

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

12  proceeds therefrom for a covered illness or injury, is

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

14  receipt of settlement proceeds, the full amount of the

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

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

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

18  of the department pending judicial or administrative

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

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

21  received medical assistance from Medicaid, and that

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

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

24  provided medical assistance, and that any such person

25  knowingly obtained possession or control of, or used,

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

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

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

29  pending judicial or administrative determination, unless

30  adequately explained, gives rise to an inference that such

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


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  1  payments received from social security, insurance, or other

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

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

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

  5  request appropriate officers or agencies of the state to

  6  investigate suspected criminal violations or fraudulent

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

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

  9  directed, without limitation, to the Medicaid Fraud Control

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

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

12  primary responsibility to investigate and control Medicaid

13  fraud.

14         (b)  In carrying out duties and responsibilities

15  related to Medicaid fraud control, the department may subpoena

16  witnesses or materials within or outside the state and,

17  through any duly designated employee, administer oaths and

18  affirmations and collect evidence for possible use in either

19  civil or criminal judicial proceedings.

20         (c)  All information obtained and documents prepared

21  pursuant to an investigation of a Medicaid recipient, the

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

23  to an allegation of recipient fraud or theft is confidential

24  and exempt from s. 119.07(1):

25         1.  Until such time as the department takes final

26  agency action;

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

28  case for criminal prosecution;

29         3.  Until such time as an indictment or criminal

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

31  or


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

  2         Section 33.  Subsection (1) of section 414.28, Florida

  3  Statutes, is amended to read:

  4         414.28  Public assistance payments to constitute debt

  5  of recipient.--

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

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

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

  9  debt thereby created is enforceable only by claim filed

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

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

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

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

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

15  public assistance paid to or for the benefit of such

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

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

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

19         Section 34.  Subsection (1) of section 627.912, Florida

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

21  section, to read:

22         627.912  Professional liability claims and actions;

23  reports by insurers.--

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

25  each insurer or joint underwriting association providing

26  professional liability insurance to a practitioner of medicine

27  licensed under chapter 458, to a practitioner of osteopathic

28  medicine licensed under chapter 459, to a podiatrist licensed

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

30  a hospital licensed under chapter 395, to a crisis

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


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  1  health maintenance organization certificated under part I of

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

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

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

  5  Department of Insurance any claim or action for damages for

  6  personal injuries claimed to have been caused by error,

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

  8  professional services or based on a claimed performance of

  9  professional services without consent, if the claim resulted

10  in:

11         (a)  A final judgment in any amount.

12         (b)  A settlement in any amount.

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

14  behalf of the insured.

15

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

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

18  or chapter 466, with the Agency for Health Care

19  Administration, no later than 30 days following the occurrence

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

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

22  review each report and determine whether any of the incidents

23  that resulted in the claim potentially involved conduct by the

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

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

26  Health Care Administration, as part of the annual report

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

28  without identifying licensees, on the reports it receives,

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

30  the appropriate regulatory board.

31


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

  2  240.213 shall report in duplicate to the Department of

  3  Insurance any claim or action for damages for personal

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

  5  negligence in the performance of professional services

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

  7  of the Board of Regents, including practitioners of medicine

  8  licensed under chapter 458, practitioners of osteopathic

  9  medicine licensed under chapter 459, podiatrists licensed

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

11  based on a claimed performance of professional services

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

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

14  required by this subsection shall contain the information

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

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

17  whose performance or professional services is alleged in the

18  claim or action to have caused personal injury.

19         Section 35.  Upon completion, the Marion County Health

20  Department building to be constructed in Belleview, Florida,

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

22  Facility."

23         Section 36.  The amount of $2 million is appropriated

24  from tobacco settlement revenues to the Grants and Donations

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

26  matched at an appropriate level with federal Medicaid funds

27  available under Title XIX of the Social Security Act to

28  provide prosthetic and orthotic devices for Medicaid

29  recipients when such devices are prescribed by licensed

30  practitioners participating in the Medicaid program.

31


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  1         Section 37.  Except as otherwise provided herein, this

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

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