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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Saunders moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 69, between lines 9 and 10,

15

16  insert:

17         Section 56.  Subsection (11) of section 409.906,

18  Florida Statutes, 1998 Supplement, is amended to read:

19         409.906  Optional Medicaid services.--Subject to

20  specific appropriations, the agency may make payments for

21  services which are optional to the state under Title XIX of

22  the Social Security Act and are furnished by Medicaid

23  providers to recipients who are determined to be eligible on

24  the dates on which the services were provided.  Any optional

25  service that is provided shall be provided only when medically

26  necessary and in accordance with state and federal law.

27  Nothing in this section shall be construed to prevent or limit

28  the agency from adjusting fees, reimbursement rates, lengths

29  of stay, number of visits, or number of services, or making

30  any other adjustments necessary to comply with the

31  availability of moneys and any limitations or directions

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





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

 2  Optional services may include:

 3         (11)  HEALTHY START SERVICES.--The agency may pay for a

 4  continuum of risk-appropriate medical and psychosocial

 5  services for the Healthy Start program in accordance with a

 6  federal waiver. The agency may not implement the federal

 7  waiver unless the waiver permits the state to limit enrollment

 8  or the amount, duration, and scope of services to ensure that

 9  expenditures will not exceed funds appropriated by the

10  Legislature or available from local sources. If the Health

11  Care Financing Administration does not approve a federal

12  waiver for Healthy Start services, the agency, in consultation

13  with the Department of Health and the Florida Association of

14  Healthy Start Coalitions, is authorized to establish a

15  Medicaid certified-match program for Healthy Start services.

16  Participation in the Healthy Start certified-match program

17  shall be voluntary and reimbursement shall be limited to the

18  federal Medicaid share to Medicaid-enrolled Healthy Start

19  coalitions for services provided to Medicaid recipients. The

20  agency shall take no action to implement a certified-match

21  program without ensuring that the amendment and review

22  requirements of ss. 216.177 and 216.181 have been met.

23         Section 57.  Subsection (21) of section 409.910,

24  Florida Statutes, 1998 Supplement, is renumbered as subsection

25  (22), and a new subsection (21) is added to that section to

26  read:

27         409.910  Responsibility for payments on behalf of

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

29         (21)  Entities providing health insurance as defined in

30  s. 624.603, and health maintenance organizations as defined in

31  chapter 641, requiring tape or electronic billing formats from

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  the agency shall accept Medicaid billings that are prepared

 2  using the current Medicare standard billing format. If the

 3  insurance entity or health maintenance organization is unable

 4  to use the agency format, the entity shall accept paper claims

 5  from the agency in lieu of tape or electronic billing,

 6  provided that these claims are prepared using current Medicare

 7  standard billing formats.

 8         Section 58.  Section 409.9101, Florida Statutes, is

 9  created to read:

10         409.9101  Recovery for payments made on behalf of

11  Medicaid-eligible persons.--

12         (1)  This section may be cited as the "Medicaid Estate

13  Recovery Act."

14         (2)  It is the intent of the Legislature by this

15  section to supplement Medicaid funds that are used to provide

16  medical services to eligible persons. Medicaid estate recovery

17  shall generally be accomplished through the filing of claims

18  against the estates of deceased Medicaid recipients. The

19  recoveries shall be made pursuant to federal authority in s.

20  13612 of the Omnibus Budget Reconciliation Act of 1993, which

21  amends s. 1917(b)(1) of the Social Security Act (42 U.S.C. s.

22  1396p(b)(1)).

23         (3)  Pursuant to s. 733.212(4)(a), the personal

24  representative of the estate of the decedent shall serve the

25  agency with a copy of the notice of administration of the

26  estate within 3 months after the first publication of the

27  notice, unless the agency has already filed a claim pursuant

28  to this section.

29         (4)  The acceptance of public medical assistance, as

30  defined by Title XIX (Medicaid) of the Social Security Act,

31  including mandatory and optional supplemental payments under

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  the Social Security Act, shall create a claim, as defined in

 2  s. 731.201, in favor of the agency as an interested person as

 3  defined in s. 731.201. The claim amount is calculated as the

 4  total amount paid to or for the benefit of the recipient for

 5  medical assistance on behalf of the recipient after he or she

 6  reached 55 years of age. There is no claim under this section

 7  against estates of recipients who had not yet reached 55 years

 8  of age.

 9         (5)  At the time of filing the claim, the agency may

10  reserve the right to amend the claim amounts based on medical

11  claims submitted by providers subsequent to the agency's

12  initial claim calculation.

13         (6)  The claim of the agency shall be the current total

14  allowable amount of Medicaid payments as denoted in the

15  agency's provider payment processing system at the time the

16  agency's claim or amendment is filed. The agency's provider

17  processing system reports shall be admissible as prima facie

18  evidence in substantiating the agency's claim.

19         (7)  The claim of the agency under this section shall

20  constitute a Class 3 claim under s. 733.707(1)(c), as provided

21  in s. 414.28(1).

22         (8)  The claim created under this section shall not be

23  enforced if the recipient is survived by:

24         (a)  A spouse;

25         (b)  A child or children under 21 years of age; or

26         (c)  A child or children who are blind or permanently

27  and totally disabled pursuant to the eligibility requirements

28  of Title XIX of the Social Security Act.

29         (9)  In accordance with s. 4, Art. X of the State

30  Constitution, no claim under this section shall be enforced

31  against any property that is determined to be the homestead of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  the deceased Medicaid recipient and is determined to be exempt

 2  from the claims of creditors of the deceased Medicaid

 3  recipient.

 4         (10)  The agency shall not recover from an estate if

 5  doing so would cause undue hardship for the qualified heirs,

 6  as defined in s. 731.201. The personal representative of an

 7  estate and any heir may request that the agency waive recovery

 8  of any or all of the debt when recovery would create a

 9  hardship. A hardship does not exist solely because recovery

10  will prevent any heirs from receiving an anticipated

11  inheritance. The following criteria shall be considered by the

12  agency in reviewing a hardship request:

13         (a)  The heir:

14         1.  Currently resides in the residence of the decedent;

15         2.  Resided there at the time of the death of the

16  decedent;

17         3.  Has made the residence his or her primary residence

18  for the 12 months immediately preceding the death of the

19  decedent; and

20         4.  Owns no other residence;

21         (b)  The heir would be deprived of food, clothing,

22  shelter, or medical care necessary for the maintenance of life

23  or health;

24         (c)  The heir can document that he or she provided

25  full-time care to the recipient which delayed the recipient's

26  entry into a nursing home. The heir must be either the

27  decedent's sibling or the son or daughter of the decedent and

28  must have resided with the recipient for at least 1 year prior

29  to the recipient's death; or

30         (d)  The cost involved in the sale of the property

31  would be equal to or greater than the value of the property.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1         (11)  Instances arise in Medicaid estate-recovery cases

 2  where the assets include a settlement of a claim against a

 3  liable third party. The agency's claim under s. 409.910 must

 4  be satisfied prior to including the settlement proceeds as

 5  estate assets. The remaining settlement proceeds shall be

 6  included in the estate and be available to satisfy the

 7  Medicaid estate-recovery claim. The Medicaid estate-recovery

 8  share shall be one-half of the settlement proceeds included in

 9  the estate. Nothing in this subsection is intended to limit

10  the agency's rights against other assets in the estate not

11  related to the settlement. However, in no circumstances shall

12  the agency's recovery exceed the total amount of Medicaid

13  medical assistance provided to the recipient.

14         (12)  In instances where there are no liquid assets to

15  satisfy the Medicaid estate-recovery claim, if there is

16  nonhomestead real property and the costs of sale will not

17  exceed the proceeds, the property shall be sold to satisfy the

18  Medicaid estate-recovery claim. Real property shall not be

19  transferred to the agency in any instance.

20         (13)  The agency is authorized to adopt rules to

21  implement the provisions of this section.

22         Section 59.  Paragraph (d) of subsection (3) of section

23  409.912, Florida Statutes, 1998 Supplement, is amended to

24  read:

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

26  agency shall purchase goods and services for Medicaid

27  recipients in the most cost-effective manner consistent with

28  the delivery of quality medical care.  The agency shall

29  maximize the use of prepaid per capita and prepaid aggregate

30  fixed-sum basis services when appropriate and other

31  alternative service delivery and reimbursement methodologies,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  including competitive bidding pursuant to s. 287.057, designed

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

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

 4  minimize the exposure of recipients to the need for acute

 5  inpatient, custodial, and other institutional care and the

 6  inappropriate or unnecessary use of high-cost services.

 7         (3)  The agency may contract with:

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

 9  demonstration projects to test Medicaid direct contracting.

10  One demonstration project must be located in Orange County.

11  The demonstration projects may be reimbursed on a

12  fee-for-service or prepaid basis.  A provider service network

13  which is reimbursed by the agency on a prepaid basis shall be

14  exempt from parts I and III of chapter 641, but must meet

15  appropriate financial reserve, quality assurance, and patient

16  rights requirements as established by the agency.  The agency

17  shall award contracts on a competitive bid basis and shall

18  select bidders based upon price and quality of care. Medicaid

19  recipients assigned to a demonstration project shall be chosen

20  equally from those who would otherwise have been assigned to

21  prepaid plans and MediPass.  The agency is authorized to seek

22  federal Medicaid waivers as necessary to implement the

23  provisions of this section.  A demonstration project awarded

24  pursuant to this paragraph shall be for 2 years from the date

25  of implementation.

26         Section 60.  Paragraph (a) of subsection (24) of

27  section 409.913, Florida Statutes, is amended to read:

28         409.913  Oversight of the integrity of the Medicaid

29  program.--The agency shall operate a program to oversee the

30  activities of Florida Medicaid recipients, and providers and

31  their representatives, to ensure that fraudulent and abusive

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  behavior and neglect of recipients occur to the minimum extent

 2  possible, and to recover overpayments and impose sanctions as

 3  appropriate.

 4         (24)(a)  The agency may withhold Medicaid payments, in

 5  whole or in part, to a provider upon receipt of reliable

 6  evidence that the circumstances giving rise to the need for a

 7  withholding of payments involve fraud or willful

 8  misrepresentation under the Medicaid program, or a crime

 9  committed while rendering goods or services to Medicaid

10  recipients, up to the amount of the overpayment as determined

11  by final agency audit report, pending completion of legal

12  proceedings under this section. If the agency withholds

13  payments under this section, the Medicaid payment may not be

14  reduced by more than 10 percent. If it is has been determined

15  that fraud, willful misrepresentation, or a crime did not

16  occur an overpayment has not occurred, the payments withheld

17  must be paid to the provider within 14 60 days after such

18  determination with interest at the rate of 10 percent a year.

19  Any money withheld in accordance with this paragraph shall be

20  placed in a suspended account, readily accessible to the

21  agency, so that any payment ultimately due the provider shall

22  be made within 14 days. Furthermore, the authority to withhold

23  payments under this paragraph shall not apply to physicians

24  whose alleged overpayments are being determined by

25  administrative proceedings pursuant to chapter 120. If the

26  amount of the alleged overpayment exceeds $75,000, the agency

27  may reduce the Medicaid payments by up to $25,000 per month.

28         Section 61.  Section 409.9131, Florida Statutes, is

29  created to read:

30         409.9131  Special provisions relating to integrity of

31  the Medicaid program.--

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1         (1)  LEGISLATIVE FINDINGS AND INTENT.--It is the intent

 2  of the Legislature that physicians, as defined in this

 3  section, be subject to Medicaid fraud and abuse investigations

 4  in accordance with the provisions set forth in this section as

 5  a supplement to the provisions contained in s. 409.913.  If a

 6  conflict exists between the provisions of this section and s.

 7  409.913, it is the intent of the Legislature that the

 8  provisions of this section shall control.

 9         (2)  DEFINITIONS.--For purposes of this section, the

10  term:

11         (a)  "Active practice" means a physician must have

12  regularly provided medical care and treatment to patients

13  within the past 2 years.

14         (b)  "Medical necessity" or "medically necessary" means

15  any goods or services necessary to palliate the effects of a

16  terminal condition or to prevent, diagnose, correct, cure,

17  alleviate, or preclude deterioration of a condition that

18  threatens life, causes pain or suffering, or results in

19  illness or infirmity, which goods or services are provided in

20  accordance with generally accepted standards of medical

21  practice.  For purposes of determining Medicaid reimbursement,

22  the agency is the final arbiter of medical necessity.  In

23  making determinations of medical necessity, the agency must,

24  to the maximum extent possible, use a physician in active

25  practice, either employed by or under contract with the

26  agency, of the same specialty or subspecialty as the physician

27  under review.  Such determination must be based upon the

28  information available at the time the goods or services were

29  provided.

30         (c)  "Peer" means a Florida licensed physician who is,

31  to the maximum extent possible, of the same specialty or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  subspecialty, licensed under the same chapter, and in active

 2  practice.

 3         (d)  "Peer review" means an evaluation of the

 4  professional practices of a Medicaid physician provider by a

 5  peer or peers in order to assess the medical necessity,

 6  appropriateness, and quality of care provided, as such care is

 7  compared to that customarily furnished by the physician's

 8  peers and to recognized health care standards, and to

 9  determine whether the documentation in the physician's records

10  is adequate.

11         (e)  "Physician" means a person licensed to practice

12  medicine under chapter 458 or a person licensed to practice

13  osteopathic medicine under chapter 459.

14         (f)  "Professional services" means procedures provided

15  to a Medicaid recipient, either directly by or under the

16  supervision of a physician who is a registered provider for

17  the Medicaid program.

18         (3)  ONSITE RECORDS REVIEW.--As specified in s.

19  409.913(8), the agency may investigate, review, or analyze a

20  physician's medical records concerning Medicaid patients. The

21  physician must make such records available to the agency

22  during normal business hours. The agency must provide notice

23  to the physician at least 24 hours before such visit. The

24  agency and physician shall make every effort to set a mutually

25  agreeable time for the agency's visit during normal business

26  hours and within the 24-hour period. If such a time cannot be

27  agreed upon, the agency may set the time.

28         (4)  NOTICE OF DUE PROCESS RIGHTS REQUIRED.--Whenever

29  the agency seeks an administrative remedy against a physician

30  pursuant to this section or s. 409.913, the physician must be

31  advised of his or her rights to due process under chapter 120.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  This provision shall not limit or hinder the agency's ability

 2  to pursue any remedy available to it under s. 409.913 or other

 3  applicable law.

 4         (5)  DETERMINATIONS OF OVERPAYMENT.--In making a

 5  determination of overpayment to a physician, the agency must:

 6         (a)  Use accepted and valid auditing, accounting,

 7  analytical, statistical, or peer-review methods, or

 8  combinations thereof. Appropriate statistical methods may

 9  include, but are not limited to, sampling and extension to the

10  population, parametric and nonparametric statistics, tests of

11  hypotheses, other generally accepted statistical methods,

12  review of medical records, and a consideration of the

13  physician's client case mix. Before performing a review of the

14  physician's Medicaid records, however, the agency shall make

15  every effort to consider the physician's patient case mix,

16  including, but not limited to, patient age and whether

17  individual patients are clients of the Children's Medical

18  Services network established in chapter 391. In meeting its

19  burden of proof in any administrative or court proceeding, the

20  agency may introduce the results of such statistical methods

21  and its other audit findings as evidence of overpayment.

22         (b)  Refer all physician service claims for peer review

23  when the agency's preliminary analysis indicates a potential

24  overpayment, and before any formal proceedings are initiated

25  against the physician, except as required by s. 409.913.

26         (c)  By March 1, 2000, the agency shall study and

27  report to the Legislature on its current statistical model

28  used to calculate overpayments and advise the Legislature

29  what, if any, changes, improvements, or other modifications

30  should be made to the statistical model. Such review shall

31  include, but not be limited to, a review of the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  appropriateness of including physician specialty and case-mix

 2  parameters within the statistical model.

 3         Section 62.  Section 641.261, Florida Statutes, is

 4  amended to read:

 5         641.261  Other reporting requirements.--

 6         (1)  Each authorized health maintenance organization

 7  shall provide records and information to the Agency for Health

 8  Care Administration Department of Health and Rehabilitative

 9  Services pursuant to s. 409.910(20) and (21) (22) for the sole

10  purpose of identifying potential coverage for claims filed

11  with the agency Department of Health and Rehabilitative

12  Services and its fiscal agents for payment of medical services

13  under the Medicaid program.

14         (2)  Any information provided by a health maintenance

15  organization under this section to the agency Department of

16  Health and Rehabilitative Services shall not be considered a

17  violation of any right of confidentiality or contract that the

18  health maintenance organization may have with covered persons.

19  The health maintenance organization is immune from any

20  liability that it may otherwise incur through its release of

21  information to the agency Department of Health and

22  Rehabilitative Services under this section.

23         Section 63.  Section 641.411, Florida Statutes, is

24  amended to read:

25         641.411  Other reporting requirements.--

26         (1)  Each prepaid health clinic shall provide records

27  and information to the Agency for Health Care Administration

28  Department of Health and Rehabilitative Services pursuant to

29  s. 409.910(20) and (21) (22) for the sole purpose of

30  identifying potential coverage for claims filed with the

31  agency Department of Health and Rehabilitative Services and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  its fiscal agents for payment of medical services under the

 2  Medicaid program.

 3         (2)  Any information provided by a prepaid health

 4  clinic under this section to the agency Department of Health

 5  and Rehabilitative Services shall not be considered a

 6  violation of any right of confidentiality or contract that the

 7  prepaid health clinic may have with covered persons.  The

 8  prepaid health clinic is immune from any liability that it may

 9  otherwise incur through its release of information to the

10  agency Department of Health and Rehabilitative Services under

11  this section.

12         Section 64.  Paragraph (a) of subsection (4) of section

13  733.212, Florida Statutes, is amended to read:

14         733.212  Notice of administration; filing of objections

15  and claims.--

16         (4)(a)  The personal representative shall promptly make

17  a diligent search to determine the names and addresses of

18  creditors of the decedent who are reasonably ascertainable and

19  shall serve on those creditors a copy of the notice within 3

20  months after the first publication of the notice. Under s.

21  409.9101, the Agency for Health Care Administration is

22  considered a reasonably ascertainable creditor in instances

23  where the decedent had received Medicaid assistance for

24  medical care after reaching 55 years of age. Impracticable and

25  extended searches are not required.  Service is not required

26  on any creditor who has filed a claim as provided in this

27  part; a creditor whose claim has been paid in full; or a

28  creditor whose claim is listed in a personal representative's

29  timely proof of claim if the personal representative notified

30  the creditor of that listing.

31

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  (Redesignate subsequent sections.)insert:

 2

 3

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

 5  And the title is amended as follows:

 6         On page 1, line 2, delete that line

 7

 8  and insert:

 9         An act relating to health care; amending s.

10         409.906, F.S.; authorizing the Agency for

11         Health Care Administration to develop a

12         certified-match program for Healthy Start

13         services under certain circumstances; amending

14         s. 409.910, F.S.; providing for use of Medicare

15         standard billing formats for certain

16         data-exchange purposes; creating s. 409.9101,

17         F.S.; providing a short title; providing

18         legislative intent relating to Medicaid estate

19         recovery; requiring certain notice of

20         administration of the estate of a deceased

21         Medicaid recipient; providing that receipt of

22         Medicaid benefits creates a claim and interest

23         by the agency against an estate; specifying the

24         right of the agency to amend the amount of its

25         claim based on medical claims submitted by

26         providers subsequent to the agency's initial

27         claim calculation; providing the basis of

28         calculation of the amount of the agency's

29         claim; specifying a claim's class standing;

30         providing circumstances for nonenforcement of

31         claims; providing criteria for use in

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1         considering hardship requests; providing for

 2         recovery when estate assets result from a claim

 3         against a third party; providing for estate

 4         recovery in instances involving real property;

 5         providing agency rulemaking authority; amending

 6         s. 409.912, F.S.; eliminating a requirement

 7         that a Medicaid provider service network

 8         demonstration project be located in Orange

 9         County; amending s. 409.913, F.S.; revising

10         provisions relating to the agency's authority

11         to withhold Medicaid payments pending

12         completion of certain legal proceedings;

13         providing for disbursement of withheld Medicaid

14         provider payments; creating s. 409.9131, F.S.;

15         providing legislative findings and intent

16         relating to integrity of the Medicaid program;

17         providing definitions; authorizing onsite

18         reviews of physician records by the agency;

19         requiring notice for such reviews; requiring

20         notice of due process rights in certain

21         circumstances; specifying procedures for

22         determinations of overpayment; requiring a

23         study of certain statistical models used by the

24         agency; requiring a report; amending ss.

25         641.261 and 641.411, F.S.; conforming

26         references and cross-references; amending s.

27         733.212, F.S.; establishing the agency as a

28         reasonably ascertainable creditor with respect

29         to administration of certain estates;

30

31

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