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



                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

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10  ______________________________________________________________

11  Senator Latvala moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  This act may be cited as the "Patient

18  Protection Act of 2000."

19         Section 2.  Subsections (2) and (11) of section

20  400.471, Florida Statutes, are amended to read:

21         400.471  Application for license; fee; provisional

22  license; temporary permit.--

23         (2)  The applicant must file with the application

24  satisfactory proof that the home health agency is in

25  compliance with this part and applicable rules, including:

26         (a)  A listing of services to be provided, either

27  directly by the applicant or through contractual arrangements

28  with existing providers;

29         (b)  The number and discipline of professional staff to

30  be employed; and

31         (c)  Proof of financial ability to operate.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1

  2  If the applicant has applied for a certificate of need under

  3  ss. 408.0331-408.045 within the preceding 12 months, the

  4  applicant may submit the proof required during the

  5  certificate-of-need process along with an attestation that

  6  there has been no substantial change in the facts and

  7  circumstances underlying the original submission.

  8         (11)  The agency may not issue a license designated as

  9  certified to a home health agency that fails to receive a

10  certificate of need under ss. 408.031-408.045 or that fails to

11  satisfy the requirements of a Medicare certification survey

12  from the agency.

13         Section 3.  Section 408.032, Florida Statutes, is

14  amended to read:

15         408.032  Definitions.--As used in ss. 408.031-408.045,

16  the term:

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

18  Administration.

19         (2)  "Capital expenditure" means an expenditure,

20  including an expenditure for a construction project undertaken

21  by a health care facility as its own contractor, which, under

22  generally accepted accounting principles, is not properly

23  chargeable as an expense of operation and maintenance, which

24  is made to change the bed capacity of the facility, or

25  substantially change the services or service area of the

26  health care facility, health service provider, or hospice, and

27  which includes the cost of the studies, surveys, designs,

28  plans, working drawings, specifications, initial financing

29  costs, and other activities essential to acquisition,

30  improvement, expansion, or replacement of the plant and

31  equipment.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         (3)  "Certificate of need" means a written statement

  2  issued by the agency evidencing community need for a new,

  3  converted, expanded, or otherwise significantly modified

  4  health care facility, health service, or hospice.

  5         (4)  "Commenced construction" means initiation of and

  6  continuous activities beyond site preparation associated with

  7  erecting or modifying a health care facility, including

  8  procurement of a building permit applying the use of

  9  agency-approved construction documents, proof of an executed

10  owner/contractor agreement or an irrevocable or binding forced

11  account, and actual undertaking of foundation forming with

12  steel installation and concrete placing.

13         (5)  "District" means a health service planning

14  district composed of the following counties:

15         District 1.--Escambia, Santa Rosa, Okaloosa, and Walton

16  Counties.

17         District 2.--Holmes, Washington, Bay, Jackson,

18  Franklin, Gulf, Gadsden, Liberty, Calhoun, Leon, Wakulla,

19  Jefferson, Madison, and Taylor Counties.

20         District 3.--Hamilton, Suwannee, Lafayette, Dixie,

21  Columbia, Gilchrist, Levy, Union, Bradford, Putnam, Alachua,

22  Marion, Citrus, Hernando, Sumter, and Lake Counties.

23         District 4.--Baker, Nassau, Duval, Clay, St. Johns,

24  Flagler, and Volusia Counties.

25         District 5.--Pasco and Pinellas Counties.

26         District 6.--Hillsborough, Manatee, Polk, Hardee, and

27  Highlands Counties.

28         District 7.--Seminole, Orange, Osceola, and Brevard

29  Counties.

30         District 8.--Sarasota, DeSoto, Charlotte, Lee, Glades,

31  Hendry, and Collier Counties.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         District 9.--Indian River, Okeechobee, St. Lucie,

  2  Martin, and Palm Beach Counties.

  3         District 10.--Broward County.

  4         District 11.--Dade and Monroe Counties.

  5         (6)  "Exemption" means the process by which a proposal

  6  that would otherwise require a certificate of need may proceed

  7  without a certificate of need.

  8         (7)(6)  "Expedited review" means the process by which

  9  certain types of applications are not subject to the review

10  cycle requirements contained in s. 408.039(1), and the letter

11  of intent requirements contained in s. 408.039(2).

12         (8)(7)  "Health care facility" means a hospital,

13  long-term care hospital, skilled nursing facility, hospice,

14  intermediate care facility, or intermediate care facility for

15  the developmentally disabled. A facility relying solely on

16  spiritual means through prayer for healing is not included as

17  a health care facility.

18         (9)(8)  "Health services" means diagnostic, curative,

19  or rehabilitative services and includes alcohol treatment,

20  drug abuse treatment, and mental health services. Obstetric

21  services are not health services for purposes of ss.

22  408.031-408.045.

23         (9)  "Home health agency" means an organization, as

24  defined in s. 400.462(4), that is certified or seeks

25  certification as a Medicare home health service provider.

26         (10)  "Hospice" or "hospice program" means a hospice as

27  defined in part VI of chapter 400.

28         (11)  "Hospital" means a health care facility licensed

29  under chapter 395.

30         (12)  "Institutional health service" means a health

31  service which is provided by or through a health care facility

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  and which entails an annual operating cost of $500,000 or

  2  more.  The agency shall, by rule, adjust the annual operating

  3  cost threshold annually using an appropriate inflation index.

  4         (13)  "Intermediate care facility" means an institution

  5  which provides, on a regular basis, health-related care and

  6  services to individuals who do not require the degree of care

  7  and treatment which a hospital or skilled nursing facility is

  8  designed to provide, but who, because of their mental or

  9  physical condition, require health-related care and services

10  above the level of room and board.

11         (12)(14)  "Intermediate care facility for the

12  developmentally disabled" means a residential facility

13  licensed under chapter 393 and certified by the Federal

14  Government pursuant to the Social Security Act as a provider

15  of Medicaid services to persons who are mentally retarded or

16  who have a related condition.

17         (13)(15)  "Long-term care hospital" means a hospital

18  licensed under chapter 395 which meets the requirements of 42

19  C.F.R. s. 412.23(e) and seeks exclusion from the Medicare

20  prospective payment system for inpatient hospital services.

21         (14)  "Mental health services" means inpatient services

22  provided in a hospital licensed under chapter 395 and listed

23  on the hospital license as psychiatric beds for adults;

24  psychiatric beds for children and adolescents; intensive

25  residential treatment beds for children and adolescents;

26  substance abuse beds for adults; or substance abuse beds for

27  children and adolescents.

28         (16)  "Multifacility project" means an integrated

29  residential and health care facility consisting of independent

30  living units, assisted living facility units, and nursing home

31  beds certificated on or after January 1, 1987, where:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         (a)  The aggregate total number of independent living

  2  units and assisted living facility units exceeds the number of

  3  nursing home beds.

  4         (b)  The developer of the project has expended the sum

  5  of $500,000 or more on the certificated and noncertificated

  6  elements of the project combined, exclusive of land costs, by

  7  the conclusion of the 18th month of the life of the

  8  certificate of need.

  9         (c)  The total aggregate cost of construction of the

10  certificated element of the project, when combined with other,

11  noncertificated elements, is $10 million or more.

12         (d)  All elements of the project are contiguous or

13  immediately adjacent to each other and construction of all

14  elements will be continuous.

15         (15)(17)  "Nursing home geographically underserved

16  area" means:

17         (a)  A county in which there is no existing or approved

18  nursing home;

19         (b)  An area with a radius of at least 20 miles in

20  which there is no existing or approved nursing home; or

21         (c)  An area with a radius of at least 20 miles in

22  which all existing nursing homes have maintained at least a 95

23  percent occupancy rate for the most recent 6 months or a 90

24  percent occupancy rate for the most recent 12 months.

25         (18)  "Respite care" means short-term care in a

26  licensed health care facility which is personal or custodial

27  and is provided for chronic illness, physical infirmity, or

28  advanced age for the purpose of temporarily relieving family

29  members of the burden of providing care and attendance.

30         (16)(19)  "Skilled nursing facility" means an

31  institution, or a distinct part of an institution, which is

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  primarily engaged in providing, to inpatients, skilled nursing

  2  care and related services for patients who require medical or

  3  nursing care, or rehabilitation services for the

  4  rehabilitation of injured, disabled, or sick persons.

  5         (17)(20)  "Tertiary health service" means a health

  6  service which, due to its high level of intensity, complexity,

  7  specialized or limited applicability, and cost, should be

  8  limited to, and concentrated in, a limited number of hospitals

  9  to ensure the quality, availability, and cost-effectiveness of

10  such service. Examples of such service include, but are not

11  limited to, organ transplantation, specialty burn units,

12  neonatal intensive care units, comprehensive rehabilitation,

13  and medical or surgical services which are experimental or

14  developmental in nature to the extent that the provision of

15  such services is not yet contemplated within the commonly

16  accepted course of diagnosis or treatment for the condition

17  addressed by a given service.  The agency shall establish by

18  rule a list of all tertiary health services.

19         (18)(21)  "Regional area" means any of those regional

20  health planning areas established by the agency to which local

21  and district health planning funds are directed to local

22  health councils through the General Appropriations Act.

23         Section 4.  Paragraph (b) of subsection (1) and

24  paragraph (a) of subsection (3) of section 408.033, Florida

25  Statutes, are amended to read:

26         408.033  Local and state health planning.--

27         (1)  LOCAL HEALTH COUNCILS.--

28         (b)  Each local health council may:

29         1.  Develop a district or regional area health plan

30  that permits is consistent with the objectives and strategies

31  in the state health plan, but that shall permit each local

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  health council to develop strategies and set priorities for

  2  implementation based on its unique local health needs.  The

  3  district or regional area health plan must contain preferences

  4  for the development of health services and facilities, which

  5  may be considered by the agency in its review of

  6  certificate-of-need applications.  The district health plan

  7  shall be submitted to the agency and updated periodically. The

  8  district health plans shall use a uniform format and be

  9  submitted to the agency according to a schedule developed by

10  the agency in conjunction with the local health councils. The

11  schedule must provide for coordination between the development

12  of the state health plan and the district health plans and for

13  the development of district health plans by major sections

14  over a multiyear period.  The elements of a district plan

15  which are necessary to the review of certificate-of-need

16  applications for proposed projects within the district may be

17  adopted by the agency as a part of its rules.

18         2.  Advise the agency on health care issues and

19  resource allocations.

20         3.  Promote public awareness of community health needs,

21  emphasizing health promotion and cost-effective health service

22  selection.

23         4.  Collect data and conduct analyses and studies

24  related to health care needs of the district, including the

25  needs of medically indigent persons, and assist the agency and

26  other state agencies in carrying out data collection

27  activities that relate to the functions in this subsection.

28         5.  Monitor the onsite construction progress, if any,

29  of certificate-of-need approved projects and report council

30  findings to the agency on forms provided by the agency.

31         6.  Advise and assist any regional planning councils

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  within each district that have elected to address health

  2  issues in their strategic regional policy plans with the

  3  development of the health element of the plans to address the

  4  health goals and policies in the State Comprehensive Plan.

  5         7.  Advise and assist local governments within each

  6  district on the development of an optional health plan element

  7  of the comprehensive plan provided in chapter 163, to assure

  8  compatibility with the health goals and policies in the State

  9  Comprehensive Plan and district health plan.  To facilitate

10  the implementation of this section, the local health council

11  shall annually provide the local governments in its service

12  area, upon request, with:

13         a.  A copy and appropriate updates of the district

14  health plan;

15         b.  A report of hospital and nursing home utilization

16  statistics for facilities within the local government

17  jurisdiction; and

18         c.  Applicable agency rules and calculated need

19  methodologies for health facilities and services regulated

20  under s. 408.034 for the district served by the local health

21  council.

22         8.  Monitor and evaluate the adequacy, appropriateness,

23  and effectiveness, within the district, of local, state,

24  federal, and private funds distributed to meet the needs of

25  the medically indigent and other underserved population

26  groups.

27         9.  In conjunction with the Agency for Health Care

28  Administration, plan for services at the local level for

29  persons infected with the human immunodeficiency virus.

30         10.  Provide technical assistance to encourage and

31  support activities by providers, purchasers, consumers, and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  local, regional, and state agencies in meeting the health care

  2  goals, objectives, and policies adopted by the local health

  3  council.

  4         11.  Provide the agency with data required by rule for

  5  the review of certificate-of-need applications and the

  6  projection of need for health services and facilities in the

  7  district.

  8         (3)  DUTIES AND RESPONSIBILITIES OF THE AGENCY.--

  9         (a)  The agency, in conjunction with the local health

10  councils, is responsible for the coordinated planning of all

11  health care services in the state and for the preparation of

12  the state health plan.

13         Section 5.  Subsection (2) of section 408.034, Florida

14  Statutes, is amended to read:

15         408.034  Duties and responsibilities of agency;

16  rules.--

17         (2)  In the exercise of its authority to issue licenses

18  to health care facilities and health service providers, as

19  provided under chapters 393, 395, and parts II, IV, and VI of

20  chapter 400, the agency may not issue a license to any health

21  care facility, health service provider, hospice, or part of a

22  health care facility which fails to receive a certificate of

23  need or an exemption for the licensed facility or service.

24         Section 6.  Section 408.035, Florida Statutes, is

25  amended to read:

26         408.035  Review criteria.--

27         (1)  The agency shall determine the reviewability of

28  applications and shall review applications for

29  certificate-of-need determinations for health care facilities

30  and health services in context with the following criteria:

31         (1)(a)  The need for the health care facilities and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  health services being proposed in relation to the applicable

  2  district health plan, except in emergency circumstances that

  3  pose a threat to the public health.

  4         (2)(b)  The availability, quality of care, efficiency,

  5  appropriateness, accessibility, and extent of utilization of,

  6  and adequacy of like and existing health care facilities and

  7  health services in the service district of the applicant.

  8         (3)(c)  The ability of the applicant to provide quality

  9  of care and the applicant's record of providing quality of

10  care.

11         (d)  The availability and adequacy of other health care

12  facilities and health services in the service district of the

13  applicant, such as outpatient care and ambulatory or home care

14  services, which may serve as alternatives for the health care

15  facilities and health services to be provided by the

16  applicant.

17         (e)  Probable economies and improvements in service

18  which may be derived from operation of joint, cooperative, or

19  shared health care resources.

20         (4)(f)  The need in the service district of the

21  applicant for special health care equipment and services that

22  are not reasonably and economically accessible in adjoining

23  areas.

24         (5)(g)  The needs of need for research and educational

25  facilities, including, but not limited to, facilities with

26  institutional training programs and community training

27  programs for health care practitioners and for doctors of

28  osteopathic medicine and medicine at the student, internship,

29  and residency training levels.

30         (6)(h)  The availability of resources, including health

31  personnel, management personnel, and funds for capital and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  operating expenditures, for project accomplishment and

  2  operation.; the effects the project will have on clinical

  3  needs of health professional training programs in the service

  4  district; the extent to which the services will be accessible

  5  to schools for health professions in the service district for

  6  training purposes if such services are available in a limited

  7  number of facilities; the availability of alternative uses of

  8  such resources for the provision of other health services; and

  9         (7)  The extent to which the proposed services will

10  enhance access to health care for be accessible to all

11  residents of the service district.

12         (8)(i)  The immediate and long-term financial

13  feasibility of the proposal.

14         (j)  The special needs and circumstances of health

15  maintenance organizations.

16         (k)  The needs and circumstances of those entities that

17  provide a substantial portion of their services or resources,

18  or both, to individuals not residing in the service district

19  in which the entities are located or in adjacent service

20  districts.  Such entities may include medical and other health

21  professions, schools, multidisciplinary clinics, and specialty

22  services such as open-heart surgery, radiation therapy, and

23  renal transplantation.

24         (9)(l)  The extent to which the proposal will foster

25  competition that promotes quality and cost-effectiveness. The

26  probable impact of the proposed project on the costs of

27  providing health services proposed by the applicant, upon

28  consideration of factors including, but not limited to, the

29  effects of competition on the supply of health services being

30  proposed and the improvements or innovations in the financing

31  and delivery of health services which foster competition and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  service to promote quality assurance and cost-effectiveness.

  2         (10)(m)  The costs and methods of the proposed

  3  construction, including the costs and methods of energy

  4  provision and the availability of alternative, less costly, or

  5  more effective methods of construction.

  6         (11)(n)  The applicant's past and proposed provision of

  7  health care services to Medicaid patients and the medically

  8  indigent.

  9         (o)  The applicant's past and proposed provision of

10  services that promote a continuum of care in a multilevel

11  health care system, which may include, but are not limited to,

12  acute care, skilled nursing care, home health care, and

13  assisted living facilities.

14         (12)(p)  The applicant's designation as a Gold Seal

15  Program nursing facility pursuant to s. 400.235, when the

16  applicant is requesting additional nursing home beds at that

17  facility.

18         (2)  In cases of capital expenditure proposals for the

19  provision of new health services to inpatients, the agency

20  shall also reference each of the following in its findings of

21  fact:

22         (a)  That less costly, more efficient, or more

23  appropriate alternatives to such inpatient services are not

24  available and the development of such alternatives has been

25  studied and found not practicable.

26         (b)  That existing inpatient facilities providing

27  inpatient services similar to those proposed are being used in

28  an appropriate and efficient manner.

29         (c)  In the case of new construction or replacement

30  construction, that alternatives to the construction, for

31  example, modernization or sharing arrangements, have been

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  considered and have been implemented to the maximum extent

  2  practicable.

  3         (d)  That patients will experience serious problems in

  4  obtaining inpatient care of the type proposed, in the absence

  5  of the proposed new service.

  6         (e)  In the case of a proposal for the addition of beds

  7  for the provision of skilled nursing or intermediate care

  8  services, that the addition will be consistent with the plans

  9  of other agencies of the state responsible for the provision

10  and financing of long-term care, including home health

11  services.

12         Section 7.  Section 408.036, Florida Statutes, is

13  amended to read:

14         408.036  Projects subject to review.--

15         (1)  APPLICABILITY.--Unless exempt under subsection

16  (3), all health-care-related projects, as described in

17  paragraphs (a)-(h)(k), are subject to review and must file an

18  application for a certificate of need with the agency. The

19  agency is exclusively responsible for determining whether a

20  health-care-related project is subject to review under ss.

21  408.031-408.045.

22         (a)  The addition of beds by new construction or

23  alteration.

24         (b)  The new construction or establishment of

25  additional health care facilities, including a replacement

26  health care facility when the proposed project site is not

27  located on the same site as the existing health care facility.

28         (c)  The conversion from one type of health care

29  facility to another, including the conversion from one level

30  of care to another, in a skilled or intermediate nursing

31  facility, if the conversion effects a change in the level of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  care of 10 beds or 10 percent of total bed capacity of the

  2  skilled or intermediate nursing facility within a 2-year

  3  period.  If the nursing facility is certified for both skilled

  4  and intermediate nursing care, the provisions of this

  5  paragraph do not apply.

  6         (d)  An Any increase in the total licensed bed capacity

  7  of a health care facility.

  8         (e)  Subject to the provisions of paragraph (3)(i), The

  9  establishment of a Medicare-certified home health agency, the

10  establishment of a hospice or hospice inpatient facility, or

11  the direct provision of such services by a health care

12  facility or health maintenance organization for those other

13  than the subscribers of the health maintenance organization;

14  except that this paragraph does not apply to the establishment

15  of a Medicare-certified home health agency by a facility

16  described in paragraph (3)(h).

17         (f)  An acquisition by or on behalf of a health care

18  facility or health maintenance organization, by any means,

19  which acquisition would have required review if the

20  acquisition had been by purchase.

21         (f)(g)  The establishment of inpatient institutional

22  health services by a health care facility, or a substantial

23  change in such services.

24         (h)  The acquisition by any means of an existing health

25  care facility by any person, unless the person provides the

26  agency with at least 30 days' written notice of the proposed

27  acquisition, which notice is to include the services to be

28  offered and the bed capacity of the facility, and unless the

29  agency does not determine, within 30 days after receipt of

30  such notice, that the services to be provided and the bed

31  capacity of the facility will be changed.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         (i)  An increase in the cost of a project for which a

  2  certificate of need has been issued when the increase in cost

  3  exceeds 20 percent of the originally approved cost of the

  4  project, except that a cost overrun review is not necessary

  5  when the cost overrun is less than $20,000.

  6         (g)(j)  An increase in the number of beds for acute

  7  care, specialty burn units, neonatal intensive care units,

  8  comprehensive rehabilitation, mental health services, or

  9  hospital-based distinct part skilled nursing units, or at a

10  long-term care hospital psychiatric or rehabilitation beds.

11         (h)(k)  The establishment of tertiary health services.

12         (2)  PROJECTS SUBJECT TO EXPEDITED REVIEW.--Unless

13  exempt pursuant to subsection (3), projects subject to an

14  expedited review shall include, but not be limited to:

15         (a)  Cost overruns, as defined in paragraph (1)(i).

16         (a)(b)  Research, education, and training programs.

17         (b)(c)  Shared services contracts or projects.

18         (c)(d)  A transfer of a certificate of need.

19         (d)(e)  A 50-percent increase in nursing home beds for

20  a facility incorporated and operating in this state for at

21  least 60 years on or before July 1, 1988, which has a licensed

22  nursing home facility located on a campus providing a variety

23  of residential settings and supportive services.  The

24  increased nursing home beds shall be for the exclusive use of

25  the campus residents.  Any application on behalf of an

26  applicant meeting this requirement shall be subject to the

27  base fee of $5,000 provided in s. 408.038.

28         (f)  Combination within one nursing home facility of

29  the beds or services authorized by two or more certificates of

30  need issued in the same planning subdistrict.

31         (g)  Division into two or more nursing home facilities

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  of beds or services authorized by one certificate of need

  2  issued in the same planning subdistrict.  Such division shall

  3  not be approved if it would adversely affect the original

  4  certificate's approved cost.

  5         (e)(h)  Replacement of a health care facility when the

  6  proposed project site is located in the same district and

  7  within a 1-mile radius of the replaced health care facility.

  8         (f)  The conversion of mental health services beds

  9  licensed under chapter 395 or hospital-based distinct part

10  skilled nursing unit beds to general acute care beds; the

11  conversion of mental health services beds between or among the

12  licensed bed categories defined as beds for mental health

13  services; or the conversion of general acute care beds to beds

14  for mental health services.

15         1.  Conversion under this paragraph shall not establish

16  a new licensed bed category at the hospital but shall apply

17  only to categories of beds licensed at that hospital.

18         2.  Beds converted under this paragraph must be

19  licensed and operational for at least 12 months before the

20  hospital may apply for additional conversion affecting beds of

21  the same type.

22

23  The agency shall develop rules to implement the provisions for

24  expedited review, including time schedule, application content

25  which may be reduced from the full requirements of s.

26  408.037(1), and application processing.

27         (3)  EXEMPTIONS.--Upon request, the following projects

28  are subject to supported by such documentation as the agency

29  requires, the agency shall grant an exemption from the

30  provisions of subsection (1):

31         (a)  For the initiation or expansion of obstetric

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  services.

  2         (a)(b)  For replacement of any expenditure to replace

  3  or renovate any part of a licensed health care facility on the

  4  same site, provided that the number of licensed beds in each

  5  licensed bed category will not increase and, in the case of a

  6  replacement facility, the project site is the same as the

  7  facility being replaced.

  8         (c)  For providing respite care services. An individual

  9  may be admitted to a respite care program in a hospital

10  without regard to inpatient requirements relating to admitting

11  order and attendance of a member of a medical staff.

12         (b)(d)  For hospice services or home health services

13  provided by a rural hospital, as defined in s. 395.602, or for

14  swing beds in such rural hospital in a number that does not

15  exceed one-half of its licensed beds.

16         (c)(e)  For the conversion of licensed acute care

17  hospital beds to Medicare and Medicaid certified skilled

18  nursing beds in a rural hospital as defined in s. 395.602, so

19  long as the conversion of the beds does not involve the

20  construction of new facilities. The total number of skilled

21  nursing beds, including swing beds, may not exceed one-half of

22  the total number of licensed beds in the rural hospital as of

23  July 1, 1993. Certified skilled nursing beds designated under

24  this paragraph, excluding swing beds, shall be included in the

25  community nursing home bed inventory.  A rural hospital which

26  subsequently decertifies any acute care beds exempted under

27  this paragraph shall notify the agency of the decertification,

28  and the agency shall adjust the community nursing home bed

29  inventory accordingly.

30         (d)(f)  For the addition of nursing home beds at a

31  skilled nursing facility that is part of a retirement

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  community that provides a variety of residential settings and

  2  supportive services and that has been incorporated and

  3  operated in this state for at least 65 years on or before July

  4  1, 1994. All nursing home beds must not be available to the

  5  public but must be for the exclusive use of the community

  6  residents.

  7         (e)(g)  For an increase in the bed capacity of a

  8  nursing facility licensed for at least 50 beds as of January

  9  1, 1994, under part II of chapter 400 which is not part of a

10  continuing care facility if, after the increase, the total

11  licensed bed capacity of that facility is not more than 60

12  beds and if the facility has been continuously licensed since

13  1950 and has received a superior rating on each of its two

14  most recent licensure surveys.

15         (h)  For the establishment of a Medicare-certified home

16  health agency by a facility certified under chapter 651; a

17  retirement community, as defined in s. 400.404(2)(g); or a

18  residential facility that serves only retired military

19  personnel, their dependents, and the surviving dependents of

20  deceased military personnel. Medicare-reimbursed home health

21  services provided through such agency shall be offered

22  exclusively to residents of the facility or retirement

23  community or to residents of facilities or retirement

24  communities owned, operated, or managed by the same corporate

25  entity. Each visit made to deliver Medicare-reimbursable home

26  health services to a home health patient who, at the time of

27  service, is not a resident of the facility or retirement

28  community shall be a deceptive and unfair trade practice and

29  constitutes a violation of ss. 501.201-501.213.

30         (i)  For the establishment of a Medicare-certified home

31  health agency. This paragraph shall take effect 90 days after

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  the adjournment sine die of the next regular session of the

  2  Legislature occurring after the legislative session in which

  3  the Legislature receives a report from the Director of Health

  4  Care Administration certifying that the federal Health Care

  5  Financing Administration has implemented a per-episode

  6  prospective pay system for Medicare-certified home health

  7  agencies.

  8         (f)(j)  For an inmate health care facility built by or

  9  for the exclusive use of the Department of Corrections as

10  provided in chapter 945. This exemption expires when such

11  facility is converted to other uses.

12         (k)  For an expenditure by or on behalf of a health

13  care facility to provide a health service exclusively on an

14  outpatient basis.

15         (g)(l)  For the termination of an inpatient a health

16  care service, upon 30 days' written notice to the agency.

17         (h)(m)  For the delicensure of beds, upon 30 days'

18  written notice to the agency. A request for exemption An

19  application submitted under this paragraph must identify the

20  number, the category of beds classification, and the name of

21  the facility in which the beds to be delicensed are located.

22         (i)(n)  For the provision of adult inpatient diagnostic

23  cardiac catheterization services in a hospital.

24         1.  In addition to any other documentation otherwise

25  required by the agency, a request for an exemption submitted

26  under this paragraph must comply with the following criteria:

27         a.  The applicant must certify it will not provide

28  therapeutic cardiac catheterization pursuant to the grant of

29  the exemption.

30         b.  The applicant must certify it will meet and

31  continuously maintain the minimum licensure requirements

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  adopted by the agency governing such programs pursuant to

  2  subparagraph 2.

  3         c.  The applicant must certify it will provide a

  4  minimum of 2 percent of its services to charity and Medicaid

  5  patients.

  6         2.  The agency shall adopt licensure requirements by

  7  rule which govern the operation of adult inpatient diagnostic

  8  cardiac catheterization programs established pursuant to the

  9  exemption provided in this paragraph. The rules shall ensure

10  that such programs:

11         a.  Perform only adult inpatient diagnostic cardiac

12  catheterization services authorized by the exemption and will

13  not provide therapeutic cardiac catheterization or any other

14  services not authorized by the exemption.

15         b.  Maintain sufficient appropriate equipment and

16  health personnel to ensure quality and safety.

17         c.  Maintain appropriate times of operation and

18  protocols to ensure availability and appropriate referrals in

19  the event of emergencies.

20         d.  Maintain appropriate program volumes to ensure

21  quality and safety.

22         e.  Provide a minimum of 2 percent of its services to

23  charity and Medicaid patients each year.

24         3.a.  The exemption provided by this paragraph shall

25  not apply unless the agency determines that the program is in

26  compliance with the requirements of subparagraph 1. and that

27  the program will, after beginning operation, continuously

28  comply with the rules adopted pursuant to subparagraph 2.  The

29  agency shall monitor such programs to ensure compliance with

30  the requirements of subparagraph 2.

31         b.(I)  The exemption for a program shall expire

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  immediately when the program fails to comply with the rules

  2  adopted pursuant to sub-subparagraphs 2.a., b., and c.

  3         (II)  Beginning 18 months after a program first begins

  4  treating patients, the exemption for a program shall expire

  5  when the program fails to comply with the rules adopted

  6  pursuant to sub-subparagraphs 2.d. and e.

  7         (III)  If the exemption for a program expires pursuant

  8  to sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the

  9  agency shall not grant an exemption pursuant to this paragraph

10  for an adult inpatient diagnostic cardiac catheterization

11  program located at the same hospital until 2 years following

12  the date of the determination by the agency that the program

13  failed to comply with the rules adopted pursuant to

14  subparagraph 2.

15         4.  The agency shall not grant any exemption under this

16  paragraph until the adoption of the rules required under this

17  paragraph, or until March 1, 1998, whichever comes first.

18  However, if final rules have not been adopted by March 1,

19  1998, the proposed rules governing the exemptions shall be

20  used by the agency to grant exemptions under the provisions of

21  this paragraph until final rules become effective.

22         (j)(o)  For any expenditure to provide mobile surgical

23  facilities and related health care services provided under

24  contract with the Department of Corrections or a private

25  correctional facility operating pursuant to chapter 957.

26         (k)(p)  For state veterans' nursing homes operated by

27  or on behalf of the Florida Department of Veterans' Affairs in

28  accordance with part II of chapter 296 for which at least 50

29  percent of the construction cost is federally funded and for

30  which the Federal Government pays a per diem rate not to

31  exceed one-half of the cost of the veterans' care in such

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  state nursing homes. These beds shall not be included in the

  2  nursing home bed inventory.

  3         (l)  For combination within one nursing home facility

  4  of the beds or services authorized by two or more certificates

  5  of need issued in the same planning subdistrict.  An exemption

  6  granted under this paragraph shall extend the validity period

  7  of the certificates of need to be consolidated by the length

  8  of the period beginning upon submission of the exemption

  9  request and ending with issuance of the exemption.  The

10  longest validity period among the certificates shall be

11  applicable to each of the combined certificates.

12         (m)  For division into two or more nursing home

13  facilities of beds or services authorized by one certificate

14  of need issued in the same planning subdistrict.  An exemption

15  granted under this paragraph shall extend the validity period

16  of the certificate of need to be divided by the length of the

17  period beginning upon submission of the exemption request and

18  ending with issuance of the exemption.

19         (n)  For the addition of hospital beds licensed under

20  chapter 395 for acute care, mental health services, or a

21  hospital-based distinct part skilled nursing unit in a number

22  that may not exceed 10 total beds or 10 percent of the

23  licensed capacity of the bed category being expanded,

24  whichever is greater. Beds for specialty burn units, neonatal

25  intensive care units, or comprehensive rehabilitation, or at a

26  long-term care hospital, may not be increased under this

27  paragraph.

28         1.  In addition to any other documentation otherwise

29  required by the agency, a request for exemption submitted

30  under this paragraph must:

31         a.  Certify that the prior 12-month average occupancy

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  rate for the category of licensed beds being expanded at the

  2  facility meets or exceeds 80 percent or, for a hospital-based

  3  distinct part skilled nursing unit, the prior 12-month average

  4  occupancy rate meets or exceeds 96 percent.

  5         b.  Certify that any beds of the same type authorized

  6  for the facility under this paragraph before the date of the

  7  current request for an exemption have been licensed and

  8  operational for at least 12 months.

  9         2.  The timeframes and monitoring process specified in

10  s. 408.040(2)(a)-(c) apply to any exemption issued under this

11  paragraph.

12         3.  The agency shall count beds authorized under this

13  paragraph as approved beds in the published inventory of

14  hospital beds until the beds are licensed.

15         (o)  For the addition of acute care beds, as authorized

16  by rule consistent with s. 395.003(4), in a number that may

17  not exceed 10 total beds or 10 percent of licensed bed

18  capacity, whichever is greater, for temporary beds in a

19  hospital which has experienced high seasonal occupancy within

20  the prior 12-month period or in a hospital that must respond

21  to emergency circumstances.

22         (p)  For the addition of nursing home beds licensed

23  under chapter 400 in a number not exceeding 10 total beds or

24  10 percent of the number of beds licensed in the facility

25  being expanded, whichever is greater.

26         1.  In addition to any other documentation required by

27  the agency, a request for exemption submitted under this

28  paragraph must:

29         a.  Certify that the facility has not had any class I

30  or class II deficiencies within the 30 months preceding the

31  request for addition.

                                  24
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         b.  Certify that the prior 12-month average occupancy

  2  rate for the nursing home beds at the facility meets or

  3  exceeds 96 percent.

  4         c.  Certify that any beds authorized for the facility

  5  under this paragraph before the date of the current request

  6  for an exemption have been licensed and operational for at

  7  least 12 months.

  8         2.  The timeframes and monitoring process specified in

  9  s. 408.040(2)(a)-(c) apply to any exemption issued under this

10  paragraph.

11         3.  The agency shall count beds authorized under this

12  paragraph as approved beds in the published inventory of

13  nursing home beds until the beds are licensed.

14         (q)  For establishment of a specialty hospital offering

15  a range of medical service restricted to a defined age or

16  gender group of the population or a restricted range of

17  services appropriate to the diagnosis, care, and treatment of

18  patients with specific categories of medical illnesses or

19  disorders, through the transfer of beds and services from an

20  existing hospital in the same county.

21         (4)  A request for exemption under this subsection (3)

22  may be made at any time and is not subject to the batching

23  requirements of this section. The request shall be supported

24  by such documentation as the agency requires by rule. The

25  agency shall assess a fee of $250 for each request for

26  exemption submitted under subsection (3).

27         Section 8.  Paragraph (a) of subsection (1) of section

28  408.037, Florida Statutes, is amended to read:

29         408.037  Application content.--

30         (1)  An application for a certificate of need must

31  contain:

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         (a)  A detailed description of the proposed project and

  2  statement of its purpose and need in relation to the district

  3  local health plan and the state health plan.

  4         Section 9.  Section 408.038, Florida Statutes, is

  5  amended to read:

  6         408.038  Fees.--The agency department shall assess fees

  7  on certificate-of-need applications.  Such fees shall be for

  8  the purpose of funding the functions of the local health

  9  councils and the activities of the agency department and shall

10  be allocated as provided in s. 408.033. The fee shall be

11  determined as follows:

12         (1)  A minimum base fee of $5,000.

13         (2)  In addition to the base fee of $5,000, 0.015 of

14  each dollar of proposed expenditure, except that a fee may not

15  exceed $22,000.

16         Section 10.  Subsections (3) and (4), paragraph (c) of

17  subsection (5), and paragraphs (a) and (b) of subsection (6)

18  of section 408.039, Florida Statutes, are amended to read:

19         408.039  Review process.--The review process for

20  certificates of need shall be as follows:

21         (3)  APPLICATION PROCESSING.--

22         (a)  An applicant shall file an application with the

23  agency department, and shall furnish a copy of the application

24  to the local health council and the agency department. Within

25  15 days after the applicable application filing deadline

26  established by agency department rule, the staff of the agency

27  department shall determine if the application is complete.  If

28  the application is incomplete, the staff shall request

29  specific information from the applicant necessary for the

30  application to be complete; however, the staff may make only

31  one such request. If the requested information is not filed

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  with the agency department within 21 days of the receipt of

  2  the staff's request, the application shall be deemed

  3  incomplete and deemed withdrawn from consideration.

  4         (b)  Upon the request of any applicant or substantially

  5  affected person within 14 days after notice that an

  6  application has been filed, a public hearing may be held at

  7  the agency's department's discretion if the agency department

  8  determines that a proposed project involves issues of great

  9  local public interest. The public hearing shall allow

10  applicants and other interested parties reasonable time to

11  present their positions and to present rebuttal information. A

12  recorded verbatim record of the hearing shall be maintained.

13  The public hearing shall be held at the local level within 21

14  days after the application is deemed complete.

15         (4)  STAFF RECOMMENDATIONS.--

16         (a)  The agency's department's review of and final

17  agency action on applications shall be in accordance with the

18  district health plan, and statutory criteria, and the

19  implementing administrative rules.  In the application review

20  process, the agency department shall give a preference, as

21  defined by rule of the agency department, to an applicant

22  which proposes to develop a nursing home in a nursing home

23  geographically underserved area.

24         (b)  Within 60 days after all the applications in a

25  review cycle are determined to be complete, the agency

26  department shall issue its State Agency Action Report and

27  Notice of Intent to grant a certificate of need for the

28  project in its entirety, to grant a certificate of need for

29  identifiable portions of the project, or to deny a certificate

30  of need.  The State Agency Action Report shall set forth in

31  writing its findings of fact and determinations upon which its

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  decision is based.  If a finding of fact or determination by

  2  the agency department is counter to the district health plan

  3  of the local health council, the agency department shall

  4  provide in writing its reason for its findings, item by item,

  5  to the local health council.  If the agency department intends

  6  to grant a certificate of need, the State Agency Action Report

  7  or the Notice of Intent shall also include any conditions

  8  which the agency department intends to attach to the

  9  certificate of need. The agency department shall designate by

10  rule a senior staff person, other than the person who issues

11  the final order, to issue State Agency Action Reports and

12  Notices of Intent.

13         (c)  The agency department shall publish its proposed

14  decision set forth in the Notice of Intent in the Florida

15  Administrative Weekly within 14 days after the Notice of

16  Intent is issued.

17         (d)  If no administrative hearing is requested pursuant

18  to subsection (5), the State Agency Action Report and the

19  Notice of Intent shall become the final order of the agency

20  department.  The agency department shall provide a copy of the

21  final order to the appropriate local health council.

22         (5)  ADMINISTRATIVE HEARINGS.--

23         (c)  In administrative proceedings challenging the

24  issuance or denial of a certificate of need, only applicants

25  considered by the agency in the same batching cycle are

26  entitled to a comparative hearing on their applications.

27  Existing health care facilities may initiate or intervene in

28  an administrative hearing upon a showing that an established

29  program will be substantially affected by the issuance of any

30  certificate of need, whether reviewed under s. 408.036(1) or

31  (2), to a competing proposed facility or program within the

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  same district.

  2         (6)  JUDICIAL REVIEW.--

  3         (a)  A party to an administrative hearing for an

  4  application for a certificate of need has the right, within

  5  not more than 30 days after the date of the final order, to

  6  seek judicial review in the District Court of Appeal pursuant

  7  to s. 120.68.  The agency department shall be a party in any

  8  such proceeding.

  9         (b)  In such judicial review, the court shall affirm

10  the final order of the agency department, unless the decision

11  is arbitrary, capricious, or not in compliance with ss.

12  408.031-408.045.

13         Section 11.  Subsections (1) and (2) of section

14  408.040, Florida Statutes, are amended to read:

15         408.040  Conditions and monitoring.--

16         (1)(a)  The agency may issue a certificate of need

17  predicated upon statements of intent expressed by an applicant

18  in the application for a certificate of need. Any conditions

19  imposed on a certificate of need based on such statements of

20  intent shall be stated on the face of the certificate of need.

21         1.  Any certificate of need issued for construction of

22  a new hospital or for the addition of beds to an existing

23  hospital shall include a statement of the number of beds

24  approved by category of service, including rehabilitation or

25  psychiatric service, for which the agency has adopted by rule

26  a specialty-bed-need methodology. All beds that are approved,

27  but are not covered by any specialty-bed-need methodology,

28  shall be designated as general.

29         (b)2.  The agency may consider, in addition to the

30  other criteria specified in s. 408.035, a statement of intent

31  by the applicant that a specified to designate a percentage of

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  the annual patient days at beds of the facility will be

  2  utilized for use by patients eligible for care under Title XIX

  3  of the Social Security Act. Any certificate of need issued to

  4  a nursing home in reliance upon an applicant's statements that

  5  to provide a specified percentage number of annual patient

  6  days will be utilized beds for use by residents eligible for

  7  care under Title XIX of the Social Security Act must include a

  8  statement that such certification is a condition of issuance

  9  of the certificate of need. The certificate-of-need program

10  shall notify the Medicaid program office and the Department of

11  Elderly Affairs when it imposes conditions as authorized in

12  this paragraph subparagraph in an area in which a community

13  diversion pilot project is implemented.

14         (c)(b)  A certificateholder may apply to the agency for

15  a modification of conditions imposed under paragraph (a) or

16  paragraph (b). If the holder of a certificate of need

17  demonstrates good cause why the certificate should be

18  modified, the agency shall reissue the certificate of need

19  with such modifications as may be appropriate.  The agency

20  shall by rule define the factors constituting good cause for

21  modification.

22         (d)(c)  If the holder of a certificate of need fails to

23  comply with a condition upon which the issuance of the

24  certificate was predicated, the agency may assess an

25  administrative fine against the certificateholder in an amount

26  not to exceed $1,000 per failure per day.  In assessing the

27  penalty, the agency shall take into account as mitigation the

28  relative lack of severity of a particular failure.  Proceeds

29  of such penalties shall be deposited in the Public Medical

30  Assistance Trust Fund.

31         (2)(a)  Unless the applicant has commenced

                                  30
    4:40 PM   05/04/00                              s2154c3c-19x88




                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  construction, if the project provides for construction, unless

  2  the applicant has incurred an enforceable capital expenditure

  3  commitment for a project, if the project does not provide for

  4  construction, or unless subject to paragraph (b), a

  5  certificate of need shall terminate 18 months after the date

  6  of issuance, except in the case of a multifacility project, as

  7  defined in s. 408.032, where the certificate of need shall

  8  terminate 2 years after the date of issuance. The agency shall

  9  monitor the progress of the holder of the certificate of need

10  in meeting the timetable for project development specified in

11  the application with the assistance of the local health

12  council as specified in s. 408.033(1)(b)5., and may revoke the

13  certificate of need, if the holder of the certificate is not

14  meeting such timetable and is not making a good faith effort,

15  as defined by rule, to meet it.

16         (b)  A certificate of need issued to an applicant

17  holding a provisional certificate of authority under chapter

18  651 shall terminate 1 year after the applicant receives a

19  valid certificate of authority from the Department of

20  Insurance.

21         (c)  The certificate-of-need validity period for a

22  project shall be extended by the agency, to the extent that

23  the applicant demonstrates to the satisfaction of the agency

24  that good faith commencement of the project is being delayed

25  by litigation or by governmental action or inaction with

26  respect to regulations or permitting precluding commencement

27  of the project.

28         (d)  If an application is filed to consolidate two or

29  more certificates as authorized by s. 408.036(2)(f) or to

30  divide a certificate of need into two or more facilities as

31  authorized by s. 408.036(2)(g), the validity period of the

                                  31
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  certificate or certificates of need to be consolidated or

  2  divided shall be extended for the period beginning upon

  3  submission of the application and ending when final agency

  4  action and any appeal from such action has been concluded.

  5  However, no such suspension shall be effected if the

  6  application is withdrawn by the applicant.

  7         Section 12.  Section 408.044, Florida Statutes, is

  8  amended to read:

  9         408.044  Injunction.--Notwithstanding the existence or

10  pursuit of any other remedy, the agency department may

11  maintain an action in the name of the state for injunction or

12  other process against any person to restrain or prevent the

13  pursuit of a project subject to review under ss.

14  408.031-408.045, in the absence of a valid certificate of

15  need.

16         Section 13.  Section 408.045, Florida Statutes, is

17  amended to read:

18         408.045  Certificate of need; competitive sealed

19  proposals.--

20         (1)  The application, review, and issuance procedures

21  for a certificate of need for an intermediate care facility

22  for the developmentally disabled may be made by the agency

23  department by competitive sealed proposals.

24         (2)  The agency department shall make a decision

25  regarding the issuance of the certificate of need in

26  accordance with the provisions of s. 287.057(15), rules

27  adopted by the agency department relating to intermediate care

28  facilities for the developmentally disabled, and the criteria

29  in s. 408.035, as further defined by rule.

30         (3)  Notification of the decision shall be issued to

31  all applicants not later than 28 calendar days after the date

                                  32
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  responses to a request for proposal are due.

  2         (4)  The procedures provided for under this section are

  3  exempt from the batching cycle requirements and the public

  4  hearing requirement of s. 408.039.

  5         (5)  The agency department may use the competitive

  6  sealed proposal procedure for determining a certificate of

  7  need for other types of health care facilities and services if

  8  the agency department identifies an unmet health care need and

  9  when funding in whole or in part for such health care

10  facilities or services is authorized by the Legislature.

11         Section 14.  (1)(a)  There is created a

12  certificate-of-need workgroup staffed by the Agency for Health

13  Care Administration.

14         (b)  Workgroup participants shall be responsible for

15  only the expenses that they generate individually through

16  workgroup participation.  The agency shall be responsible for

17  expenses incidental to the production of any required data or

18  reports.

19         (2)  The workgroup shall consist of 30 members, 10

20  appointed by the Governor, 10 appointed by the President of

21  the Senate, and 10 appointed by the Speaker of the House of

22  Representatives. The workgroup chair shall be selected by

23  majority vote of a quorum present. Sixteen members shall

24  constitute a quorum. The membership shall include, but not be

25  limited to, representatives from health care provider

26  organizations, health care facilities, individual health care

27  practitioners, local health councils, and consumer

28  organizations, and persons with health care market expertise

29  as private-sector consultants.

30         (3)  Appointment to the workgroup shall be as follows:

31         (a)  The Governor shall appoint one representative each

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  from the hospital industry, the nursing home industry, the

  2  hospice industry, the local health councils, and a consumer

  3  organization; three health care market consultants, one of

  4  whom is a recognized expert on hospital markets, one of whom

  5  is a recognized expert on nursing home or long-term care

  6  markets, and one of whom is a recognized expert on hospice

  7  markets; one representative from the Medicaid program; and one

  8  representative from a health care facility that provides a

  9  tertiary service.

10         (b)  The President of the Senate shall appoint a

11  representative of a for-profit hospital, a representative of a

12  not-for-profit hospital, a representative of a public

13  hospital, two representatives of the nursing home industry,

14  two representatives of the hospice industry, a representative

15  of a consumer organization, a representative from the

16  Department of Elderly Affairs involved with the implementation

17  of a long-term care community diversion program, and a health

18  care market consultant with expertise in health care

19  economics.

20         (c)  The Speaker of the House of Representatives shall

21  appoint a representative from the Florida Hospital

22  Association, a representative of the Association of Community

23  Hospitals and Health Systems of Florida, a representative of

24  the Florida League of Health Systems, a representative of the

25  Florida Health Care Association, a representative of the

26  Florida Association of Homes for the Aging, three

27  representatives of Florida Hospices and Palliative Care, one

28  representative of local health councils, and one

29  representative of a consumer organization.

30         (4)  The workgroup shall study issues pertaining to the

31  certificate-of-need program, including the impact of trends in

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  health care delivery and financing. The workgroup shall study

  2  issues relating to implementation of the certificate-of-need

  3  program.

  4         (5)  The workgroup shall meet at least annually, at the

  5  request of the chair. The workgroup shall submit an interim

  6  report by December 31, 2001, and a final report by December

  7  31, 2002. The workgroup is abolished effective July 1, 2003.

  8         Section 15.  Subsection (7) of section 651.118, Florida

  9  Statutes, is amended to read:

10         651.118  Agency for Health Care Administration;

11  certificates of need; sheltered beds; community beds.--

12         (7)  Notwithstanding the provisions of subsection (2),

13  at the discretion of the continuing care provider, sheltered

14  nursing home beds may be used for persons who are not

15  residents of the facility and who are not parties to a

16  continuing care contract for a period of up to 5 years after

17  the date of issuance of the initial nursing home license.  A

18  provider whose 5-year period has expired or is expiring may

19  request the Agency for Health Care Administration for an

20  extension, not to exceed 30 percent of the total sheltered

21  nursing home beds, if the utilization by residents of the

22  facility in the sheltered beds will not generate sufficient

23  income to cover facility expenses, as evidenced by one of the

24  following:

25         (a)  The facility has a net loss for the most recent

26  fiscal year as determined under generally accepted accounting

27  principles, excluding the effects of extraordinary or unusual

28  items, as demonstrated in the most recently audited financial

29  statement; or

30         (b)  The facility would have had a pro forma loss for

31  the most recent fiscal year, excluding the effects of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  extraordinary or unusual items, if revenues were reduced by

  2  the amount of revenues from persons in sheltered beds who were

  3  not residents, as reported on by a certified public

  4  accountant.

  5

  6  The agency shall be authorized to grant an extension to the

  7  provider based on the evidence required in this subsection.

  8  The agency may request a facility to use up to 25 percent of

  9  the patient days generated by new admissions of nonresidents

10  during the extension period to serve Medicaid recipients for

11  those beds authorized for extended use if there is a

12  demonstrated need in the respective service area and if funds

13  are available. A provider who obtains an extension is

14  prohibited from applying for additional sheltered beds under

15  the provision of subsection (2), unless additional residential

16  units are built or the provider can demonstrate need by

17  facility residents to the Agency for Health Care

18  Administration. The 5-year limit does not apply to up to five

19  sheltered beds designated for inpatient hospice care as part

20  of a contractual arrangement with a hospice licensed under

21  part VI of chapter 400. A facility that uses such beds after

22  the 5-year period shall report such use to the Agency for

23  Health Care Administration.  For purposes of this subsection,

24  "resident" means a person who, upon admission to the facility,

25  initially resides in a part of the facility not licensed under

26  part II of chapter 400.

27         Section 16.  Subsection (2) of section 395.701, Florida

28  Statutes, is amended to read:

29         395.701  Annual assessments on net operating revenues

30  for inpatient services to fund public medical assistance;

31  administrative fines for failure to pay assessments when due;

                                  36
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  exemption.--

  2         (2)(a)  There is imposed upon each hospital an

  3  assessment in an amount equal to 1.5 percent of the annual net

  4  operating revenue for inpatient services for each hospital,

  5  such revenue to be determined by the agency, based on the

  6  actual experience of the hospital as reported to the agency.

  7  Within 6 months after the end of each hospital fiscal year,

  8  the agency shall certify the amount of the assessment for each

  9  hospital.  The assessment shall be payable to and collected by

10  the agency in equal quarterly amounts, on or before the first

11  day of each calendar quarter, beginning with the first full

12  calendar quarter that occurs after the agency certifies the

13  amount of the assessment for each hospital. All moneys

14  collected pursuant to this subsection shall be deposited into

15  the Public Medical Assistance Trust Fund.

16         (b)  There is imposed upon each hospital an assessment

17  in an amount equal to 1 percent of the annual net operating

18  revenue for outpatient services for each hospital, such

19  revenue to be determined by the agency, based on the actual

20  experience of the hospital as reported to the agency. Within 6

21  months after the end of each hospital fiscal year, the agency

22  shall certify the amount of the assessment for each hospital.

23  The assessment shall be payable to and collected by the agency

24  in equal quarterly amounts, on or before the first day of each

25  calendar quarter, beginning with the first full calendar

26  quarter that occurs after the agency certifies the amount of

27  the assessment for each hospital. All moneys collected

28  pursuant to this subsection shall be deposited into the Public

29  Medical Assistance Trust Fund.

30         Section 17.  Paragraph (a) of subsection (2) of section

31  395.7015, Florida Statutes, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         395.7015 Annual assessment on health care entities.--

  2         (2)  There is imposed an annual assessment against

  3  certain health care entities as described in this section:

  4         (a)  The assessment shall be equal to 1 1.5 percent of

  5  the annual net operating revenues of health care entities. The

  6  assessment shall be payable to and collected by the agency.

  7  Assessments shall be based on annual net operating revenues

  8  for the entity's most recently completed fiscal year as

  9  provided in subsection (3).

10         Section 18.  Paragraph (c) of subsection (2) of section

11  408.904, Florida Statutes, is amended to read:

12         408.904  Benefits.--

13         (2)  Covered health services include:

14         (c)  Hospital outpatient services.  Those services

15  provided to a member in the outpatient portion of a hospital

16  licensed under part I of chapter 395, up to a limit of $1,500

17  $1,000 per calendar year per member, that are preventive,

18  diagnostic, therapeutic, or palliative.

19         Section 19.  Paragraph (e) is added to subsection (3)

20  of section 409.912, Florida Statutes, and subsection (9) of

21  said section is amended to read:

22         409.912  Cost-effective purchasing of health care.--The

23  agency shall purchase goods and services for Medicaid

24  recipients in the most cost-effective manner consistent with

25  the delivery of quality medical care.  The agency shall

26  maximize the use of prepaid per capita and prepaid aggregate

27  fixed-sum basis services when appropriate and other

28  alternative service delivery and reimbursement methodologies,

29  including competitive bidding pursuant to s. 287.057, designed

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  minimize the exposure of recipients to the need for acute

  2  inpatient, custodial, and other institutional care and the

  3  inappropriate or unnecessary use of high-cost services.

  4         (3)  The agency may contract with:

  5         (e)  An entity in Pasco County or Pinellas County that

  6  provides in-home physician services to Medicaid recipients

  7  with degenerative neurological diseases in order to test the

  8  cost-effectiveness of enhanced home-based medical care. The

  9  entity providing the services shall be reimbursed on a

10  fee-for-service basis at a rate not less than comparable

11  Medicare reimbursement rates. The agency may apply for waivers

12  of federal regulations necessary to implement such program.

13  This paragraph shall be repealed on July 1, 2002.

14         (9)  The agency, after notifying the Legislature, may

15  apply for waivers of applicable federal laws and regulations

16  as necessary to implement more appropriate systems of health

17  care for Medicaid recipients and reduce the cost of the

18  Medicaid program to the state and federal governments and

19  shall implement such programs, after legislative approval,

20  within a reasonable period of time after federal approval.

21  These programs must be designed primarily to reduce the need

22  for inpatient care, custodial care and other long-term or

23  institutional care, and other high-cost services.

24         (a)  Prior to seeking legislative approval of such a

25  waiver as authorized by this subsection, the agency shall

26  provide notice and an opportunity for public comment.  Notice

27  shall be provided to all persons who have made requests of the

28  agency for advance notice and shall be published in the

29  Florida Administrative Weekly not less than 28 days prior to

30  the intended action.

31         (b)  Notwithstanding s. 216.292, funds that are

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  appropriated to the Department of Elderly Affairs for the

  2  Assisted Living for the Elderly Medicaid waiver and are not

  3  expended shall be transferred to the agency to fund

  4  Medicaid-reimbursed nursing home care.

  5         Section 20.  The Legislature shall appropriate each

  6  fiscal year from either the General Revenue Fund or the Agency

  7  for Health Care Administration Tobacco Settlement Trust Fund

  8  an amount sufficient to replace the funds lost due to

  9  reduction by this act of the assessment on other health care

10  entities under s. 395.7015, Florida Statutes, and the

11  reduction by this act in the assessment on hospitals under s.

12  395.701, Florida Statutes, and to maintain federal approval of

13  the reduced amount of funds deposited into the Public Medical

14  Assistance Trust Fund under s. 395.701, Florida Statutes, as

15  state match for the state's Medicaid program.

16         Section 21.  There is hereby appropriated the sum of

17  $28.3 million from the General Revenue Fund to the Agency for

18  Health Care Administration to implement the provisions of this

19  act relating to the Public Medical Assistance Trust Fund,

20  provided, however, that no portion of this appropriation shall

21  be effective that duplicates a similar appropriation for the

22  same purpose contained in other legislation from the 2000

23  Legislative Session that becomes law.

24         Section 22.  The amendments to ss. 395.701 and

25  395.7015, Florida Statutes, by this act shall take effect only

26  upon the Agency for Health Care Administration receiving

27  written confirmation from the federal Health Care Financing

28  Administration that the changes contained in such amendments

29  will not adversely affect the use of the remaining assessments

30  as state match for the state's Medicaid program.

31         Section 23.  Effective July 1, 2000, and applicable to

                                  40
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  provider contracts entered into or renewed on or after that

  2  date, subsection (39) is added to section 641.31, Florida

  3  Statutes, to read:

  4         641.31  Health maintenance contracts.--

  5         (39)  A health maintenance organization contract may

  6  not prohibit or restrict a subscriber from receiving inpatient

  7  services in a contracted hospital from a contracted primary

  8  care or admitting physician if such services are determined by

  9  the organization to be medically necessary and covered

10  services under the organization's contract with the contract

11  holder.

12         Section 24.  Effective July 1, 2000, and applicable to

13  provider contracts entered into or renewed on or after that

14  date, subsection (11) is added to section 641.315, Florida

15  Statutes, to read:

16         641.315  Provider contracts.--

17         (11)  A contract between a health maintenance

18  organization and a contracted primary care or admitting

19  physician may not contain any provision that prohibits such

20  physician from providing inpatient services in a contracted

21  hospital to a subscriber if such services are determined by

22  the organization to be medically necessary and covered

23  services under the organization's contract with the contract

24  holder.

25         Section 25.  Effective July 1, 2000, and applicable to

26  provider contracts entered into or renewed on or after that

27  date, subsection (5) is added to section 641.3155, Florida

28  Statutes, to read:

29         641.3155  Provider contracts; payment of claims.--

30         (5)  A health maintenance organization shall pay a

31  contracted primary care or admitting physician, pursuant to

                                  41
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  such physician's contract, for providing inpatient services in

  2  a contracted hospital to a subscriber, if such services are

  3  determined by the organization to be medically necessary and

  4  covered services under the organization's contract with the

  5  contract holder.

  6         Section 26.  Subsections (4) through (10) of section

  7  641.51, Florida Statutes, are renumbered as subsections (5)

  8  through (11), respectively, and a new subsection (4) is added

  9  to said section to read:

10         641.51 Quality assurance program; second medical

11  opinion requirement.--

12         (4)  The organization shall ensure that only a

13  physician licensed under chapter 458 or chapter 459, or an

14  allopathic or osteopathic physician with an active,

15  unencumbered license in another state with similar licensing

16  requirements may render an adverse determination regarding a

17  service provided by a physician licensed in this state. The

18  organization shall submit to the treating provider and the

19  subscriber written notification regarding the organization's

20  adverse determination within 2 working days after the

21  subscriber or provider is notified of the adverse

22  determination. The written notification must include the

23  utilization review criteria or benefits provisions used in the

24  adverse determination, identify the physician who rendered the

25  adverse determination, and be signed by an authorized

26  representative of the organization or the physician who

27  rendered the adverse determination. The organization must

28  include with the notification of an adverse determination

29  information concerning the appeal process for adverse

30  determinations.

31         Section 27.  Section 381.7351, Florida Statutes, is

                                  42
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  created to read:

  2         381.7351  Short title.--Sections 381.7351-381.7356 may

  3  be cited as the "Reducing Racial and Ethnic Health

  4  Disparities:  Closing the Gap Act."

  5         Section 28.  Section 381.7352, Florida Statutes, is

  6  created to read:

  7         381.7352  Legislative findings and intent.--

  8         (1)  The Legislature finds that despite state

  9  investments in health care programs, certain racial and ethnic

10  populations in Florida continue to have significantly poorer

11  health outcomes when compared to non-Hispanic whites.  The

12  Legislature finds that local solutions to health care problems

13  can have a dramatic and positive effect on the health status

14  of these populations.  Local governments and communities are

15  best equipped to identify the health education, health

16  promotion, and disease prevention needs of the racial and

17  ethnic populations in their communities, mobilize the

18  community to address health outcome disparities, enlist and

19  organize local public and private resources, and faith-based

20  organizations to address these disparities, and evaluate the

21  effectiveness of interventions.

22         (2)  It is therefore the intent of the Legislature to

23  provide funds within Florida counties and Front Porch Florida

24  Communities, in the form of Reducing Racial and Ethnic Health

25  Disparities: Closing the Gap grants, to stimulate the

26  development of community-based and neighborhood-based projects

27  which will improve the health outcomes of racial and ethnic

28  populations.  Further, it is the intent of the Legislature

29  that these programs foster the development of coordinated,

30  collaborative, and broad-based participation by public and

31  private entities, and faith-based organizations.  Finally, it

                                  43
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  is the intent of the Legislature that the grant program

  2  function as a partnership between state and local governments,

  3  faith-based organizations, and private-sector health care

  4  providers, including managed care, voluntary health care

  5  resources, social service providers, and nontraditional

  6  partners.

  7         Section 29.  Section 381.7353, Florida Statutes, is

  8  created to read:

  9         381.7353  Reducing Racial and Ethnic Health

10  Disparities:  Closing the Gap grant program; administration;

11  department duties.--

12         (1)  The Reducing Racial and Ethnic Health Disparities:

13  Closing the Gap grant program shall be administered by the

14  Department of Health.

15         (2)  The department shall:

16         (a)  Publicize the availability of funds and establish

17  an application process for submitting a grant proposal.

18         (b)  Provide technical assistance and training,

19  including a statewide meeting promoting best practice

20  programs, as requested, to grant recipients.

21         (c)  Develop uniform data reporting requirements for

22  the purpose of evaluating the performance of the grant

23  recipients and demonstrating improved health outcomes.

24         (d)  Develop a monitoring process to evaluate progress

25  toward meeting grant objectives.

26         (e)  Coordinate with existing community-based programs,

27  such as chronic disease community intervention programs,

28  cancer prevention and control programs, diabetes control

29  programs, the Healthy Start program, the Florida KidCare

30  Program, the HIV/AIDS program, immunization programs, and

31  other related programs at the state and local levels, to avoid

                                  44
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  duplication of effort and promote consistency.

  2         (3)  Pursuant to s. 20.43(6), the secretary may appoint

  3  an ad hoc advisory committee to: examine areas where public

  4  awareness, public education, research, and coordination

  5  regarding racial and ethnic health outcome disparities are

  6  lacking; consider access and transportation issues which

  7  contribute to health status disparities; and make

  8  recommendations for closing gaps in health outcomes and

  9  increasing the public's awareness and understanding of health

10  disparities that exist between racial and ethnic populations.

11         Section 30.  Section 381.7354, Florida Statutes, is

12  created to read:

13         381.7354  Eligibility.--

14         (1)  Any person, entity, or organization within a

15  county may apply for a Closing the Gap grant and may serve as

16  the lead agency to administer and coordinate project

17  activities within the county and develop community

18  partnerships necessary to implement the grant.

19         (2)  Persons, entities, or organizations within

20  adjoining counties with populations of less than 100,000,

21  based on the annual estimates produced by the Population

22  Program of the University of Florida Bureau of Economic and

23  Business Research, may jointly submit a multicounty Closing

24  the Gap grant proposal.  However, the proposal must clearly

25  identify a single lead agency with respect to program

26  accountability and administration.

27         (3)  In addition to the grants awarded under

28  subsections (1) and (2), up to 20 percent of the funding for

29  the Reducing Racial and Ethnic Health Disparities: Closing the

30  Gap grant program shall be dedicated to projects that address

31  improving racial and ethnic health status within specific

                                  45
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  Front Porch Florida Communities, as designated pursuant to s.

  2  14.2015(9)(b).

  3         (4)  Nothing in ss. 381.7351-381.7356 shall prevent a

  4  person, entity, or organization within a county or group of

  5  counties from separately contracting for the provision of

  6  racial and ethnic health promotion, health awareness, and

  7  disease prevention services.

  8         Section 31.  Section 381.7355, Florida Statutes, is

  9  created to read:

10         381.7355  Project requirements; review criteria.--

11         (1)  Closing the Gap grant proposals shall be submitted

12  to the Department of Health for review.

13         (2)  A proposal must include each of the following

14  elements:

15         (a)  The purpose and objectives of the proposal,

16  including identification of the particular racial or ethnic

17  disparity the project will address. The proposal must address

18  one or more of the following priority areas:

19         1.  Decreasing racial and ethnic disparities in

20  maternal and infant mortality rates.

21         2.  Decreasing racial and ethnic disparities in

22  morbidity and mortality rates relating to cancer.

23         3.  Decreasing racial and ethnic disparities in

24  morbidity and mortality rates relating to HIV/AIDS.

25         4.  Decreasing racial and ethnic disparities in

26  morbidity and mortality rates relating to cardiovascular

27  disease.

28         5.  Decreasing racial and ethnic disparities in

29  morbidity and mortality rates relating to diabetes.

30         6.  Increasing adult and child immunization rates in

31  certain racial and ethnic populations.

                                  46
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         (b)  Identification and relevance of the target

  2  population.

  3         (c)  Methods for obtaining baseline health status data

  4  and assessment of community health needs.

  5         (d)  Mechanisms for mobilizing community resources and

  6  gaining local commitment.

  7         (e)  Development and implementation of health promotion

  8  and disease prevention interventions.

  9         (f)  Mechanisms and strategies for evaluating the

10  project's objectives, procedures, and outcomes.

11         (g)  A proposed work plan, including a timeline for

12  implementing the project.

13         (h)  Likelihood that project activities will occur and

14  continue in the absence of funding.

15         (3) Priority shall be given to proposals that:

16         (a)  Represent areas with the greatest documented

17  racial and ethnic health status disparities.

18         (b)  Exceed the minimum local contribution requirements

19  specified in s. 381.7356.

20         (c)  Demonstrate broad-based local support and

21  commitment from entities representing racial and ethnic

22  populations, including non-Hispanic whites. Indicators of

23  support and commitment may include agreements to participate

24  in the program, letters of endorsement, letters of commitment,

25  interagency agreements, or other forms of support.

26         (d)  Demonstrate a high degree of participation by the

27  health care community in clinical preventive service

28  activities and community-based health promotion and disease

29  prevention interventions.

30         (e)  Have been submitted from counties with a high

31  proportion of residents living in poverty and with poor health

                                  47
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  status indicators.

  2         (f)  Demonstrate a coordinated community approach to

  3  addressing racial and ethnic health issues within existing

  4  publicly financed health care programs.

  5         (g)  Incorporate intervention mechanisms which have a

  6  high probability of improving the targeted population's health

  7  status.

  8         (h)  Demonstrate a commitment to quality management in

  9  all aspects of project administration and implementation.

10         Section 32.  Section 381.7356, Florida Statutes, is

11  created to read:

12         381.7356  Local matching funds; grant awards.--

13         (1)  One or more Closing the Gap grants may be awarded

14  in a county, or in a group of adjoining counties from which a

15  multicounty application is submitted. Front Porch Florida

16  Communities grants may also be awarded in a county or group of

17  adjoining counties that are also receiving a grant award.

18         (2)  Closing the Gap grants shall be awarded on a

19  matching basis.  One dollar in local matching funds must be

20  provided for each $3 grant payment made by the state, except

21  that:

22         (a)  In counties with populations greater than 50,000,

23  up to 50 percent of the local match may be in kind in the form

24  of free services or human resources. Fifty percent of the

25  local match must be in the form of cash.

26         (b)  In counties with populations of 50,000 or less,

27  the required local matching funds may be provided entirely

28  through in-kind contributions.

29         (c)  Grant awards to Front Porch Florida Communities

30  shall not be required to have a matching requirement.

31         (3)  The amount of the grant award shall be based on

                                  48
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  the county or neighborhood's population, or on the combined

  2  population in a group of adjoining counties from which a

  3  multicounty application is submitted, and on other factors, as

  4  determined by the department.

  5         (4)  Dissemination of grant awards shall begin no later

  6  than January 1, 2001.

  7         (5)  A Closing the Gap grant shall be funded for 1 year

  8  and may be renewed annually upon application to and approval

  9  by the department, subject to the achievement of quality

10  standards, objectives, and outcomes and to the availability of

11  funds.

12         (6)  Implementation of the Reducing Racial and Ethnic

13  Health Disparities: Closing the Gap grant program shall be

14  subject to a specific appropriation provided in the General

15  Appropriations Act.

16         Section 33.  Florida Commission on Excellence in Health

17  Care.--

18         (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature

19  finds that the health care delivery industry is one of the

20  largest and most complex industries in Florida. The

21  Legislature finds that the current system of regulating health

22  care practitioners and health care providers is one of blame

23  and punishment and does not encourage voluntary admission of

24  errors and immediate corrective action on a large scale. The

25  Legislature finds that previous attempts to identify and

26  address areas which impact the quality of care provided by the

27  health care industry have suffered from a lack of coordination

28  among the industry's stakeholders and regulators. The

29  Legislature finds that additional focus on strengthening

30  health care delivery systems by eliminating avoidable mistakes

31  in the diagnosis and treatment of Floridians holds tremendous

                                  49
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  promise to increase the quality of health care services

  2  available to Floridians, thereby reducing the costs associated

  3  with medical mistakes and malpractice and in turn increasing

  4  access to health care in the state. To achieve this enhanced

  5  focus, it is the intent of the Legislature to create the

  6  Florida Commission on Excellence in Health Care to facilitate

  7  the development of a comprehensive statewide strategy for

  8  improving health care delivery systems through meaningful

  9  reporting standards, data collection and review, and quality

10  measurement.

11         (2)  DEFINITIONS.--As used in this act, the term:

12         (a)  "Agency" means the Agency for Health Care

13  Administration.

14         (b)  "Commission" means the Florida Commission on

15  Excellence in Health Care.

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

17         (d)  "Error," with respect to health care, means an

18  unintended act, by omission or commission.

19         (e)  "Health care practitioner" means any person

20  licensed under chapter 457; chapter 458; chapter 459; chapter

21  460; chapter 461; chapter 462; chapter 463; chapter 464;

22  chapter 465; chapter 466; chapter 467; part I, part II, part

23  III, part V, part X, part XIII, or part XIV of chapter 468;

24  chapter 478; chapter 480; part III or part IV of chapter 483;

25  chapter 484; chapter 486; chapter 490; or chapter 491, Florida

26  Statutes.

27         (f)  "Health care provider" means any health care

28  facility or other health care organization licensed or

29  certified to provide approved medical and allied health

30  services in this state.

31         (3)  COMMISSION; DUTIES AND RESPONSIBILITIES.--There is

                                  50
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  hereby created the Florida Commission on Excellence in Health

  2  Care. The commission shall:

  3         (a)  Identify existing data sources that evaluate

  4  quality of care in Florida and collect, analyze, and evaluate

  5  this data.

  6         (b)  Establish guidelines for data sharing and

  7  coordination.

  8         (c)  Identify core sets of quality measures for

  9  standardized reporting by appropriate components of the health

10  care continuum.

11         (d)  Recommend a framework for quality measurement and

12  outcome reporting.

13         (e)  Develop quality measures that enhance and improve

14  the ability to evaluate and improve care.

15         (f)  Make recommendations regarding research and

16  development needed to advance quality measurement and

17  reporting.

18         (g)  Evaluate regulatory issues relating to the

19  pharmacy profession and recommend changes necessary to

20  optimize patient safety.

21         (h)  Facilitate open discussion of a process to ensure

22  that comparative information on health care quality is valid,

23  reliable, comprehensive, understandable, and widely available

24  in the public domain.

25         (i)  Sponsor public hearings to share information and

26  expertise, identify "best practices," and recommend methods to

27  promote their acceptance.

28         (j)  Evaluate current regulatory programs to determine

29  what changes, if any, need to be made to facilitate patient

30  safety.

31         (k)  Review public and private health care purchasing

                                  51
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  systems to determine if there are sufficient mandates and

  2  incentives to facilitate continuous improvement in patient

  3  safety.

  4         (l)  Analyze how effective existing regulatory systems

  5  are in ensuring continuous competence and knowledge of

  6  effective safety practices.

  7         (m)  Develop a framework for organizations that

  8  license, accredit, or credential health care practitioners and

  9  health care providers to more quickly and effectively identify

10  unsafe providers and practitioners and to take action

11  necessary to remove the unsafe provider or practitioner from

12  practice or operation until such time as the practitioner or

13  provider has proven safe to practice or operate.

14         (n)  Recommend procedures for development of a

15  curriculum on patient safety and methods of incorporating such

16  curriculum into training, licensure, and certification

17  requirements.

18         (o)  Develop a framework for regulatory bodies to

19  disseminate information on patient safety to health care

20  practitioners, health care providers, and consumers through

21  conferences, journal articles and editorials, newsletters,

22  publications, and Internet websites.

23         (p)  Recommend procedures to incorporate recognized

24  patient safety considerations into practice guidelines and

25  into standards related to the introduction and diffusion of

26  new technologies, therapies, and drugs.

27         (q)  Recommend a framework for development of

28  community-based collaborative initiatives for error reporting

29  and analysis and implementation of patient safety

30  improvements.

31         (r)  Evaluate the role of advertising in promoting or

                                  52
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  adversely affecting patient safety.

  2         (s)  Evaluate and make recommendations regarding the

  3  need for licensure of additional persons who participate in

  4  the delivery of health care to Floridians, including, but not

  5  limited to, surgical technologists and pharmacy technicians.

  6         (t)  Evaluate the benefits and problems of the current

  7  disciplinary systems and make recommendations regarding

  8  alternatives and improvements.

  9         (4)  MEMBERSHIP, ORGANIZATION, MEETINGS, PROCEDURES,

10  STAFF.--

11         (a)  The commission shall consist of:

12         1.  The Secretary of Health and the Executive Director

13  of the Agency for Health Care Administration.

14         2.  One representative each from the following agencies

15  or organizations:  the Board of Medicine, the Board of

16  Osteopathic Medicine, the Board of Pharmacy, the Board of

17  Nursing, the Board of Dentistry, the Florida Dental

18  Association, the Florida Medical Association, the Florida

19  Osteopathic Medical Association, the Florida Academy of

20  Physician Assistants, the Florida Chiropractic Society, the

21  Florida Chiropractic Association, the Florida Podiatric

22  Medical Association, the Florida Society of Ambulatory

23  Surgical Centers, the Florida Statutory Teaching Hospital

24  Council, Inc., the Florida Statutory Rural Hospital Council,

25  the Florida Nurses Association, the Florida Organization of

26  Nursing Executives, the Florida Pharmacy Association, the

27  Florida Society of Health System Pharmacists, Inc., the

28  Florida Hospital Association, the Association of Community

29  Hospitals and Health Systems of Florida, Inc., the Florida

30  League of Health Care Systems, the Florida Health Care Risk

31  Management Advisory Council, the Florida Health Care

                                  53
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  Association, and the Florida Association of Homes for the

  2  Aging;

  3         3.  One licensed clinical laboratory director,

  4  appointed by the Secretary of Health;

  5         4.  Two health lawyers, appointed by the Secretary of

  6  Health, one of whom shall be a member of The Florida Bar

  7  Health Law Section who defends physicians and one of whom

  8  shall be a member of the Florida Academy of Trial Lawyers;

  9         5.  One representative of the medical malpractice

10  professional liability insurance industry, appointed by the

11  Secretary of Health;

12         6.  One representative of a Florida medical school

13  appointed by the Secretary of Health;

14         7.  Two representatives of the health insurance

15  industry, appointed by the Executive Director of the Agency

16  for Health Care Administration, one of whom shall represent

17  indemnity plans and one of whom shall represent managed care;

18         8.  Five consumer advocates, consisting of one from the

19  Association for Responsible Medicine, two appointed by the

20  Governor, one appointed by the President of the Senate, and

21  one appointed by the Speaker of the House of Representatives;

22  and

23         9.  Two legislators, one appointed by the President of

24  the Senate and one appointed by the Speaker of the House of

25  Representatives.

26

27  Commission membership shall reflect the geographic and

28  demographic diversity of the state.

29         (b)  The Secretary of Health and the Executive Director

30  of the Agency for Health Care Administration shall jointly

31  chair the commission. Subcommittees shall be formed by the

                                  54
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  joint chairs, as needed, to make recommendations to the full

  2  commission on the subjects assigned. However, all votes on

  3  work products of the commission shall be at the full

  4  commission level, and all recommendations to the Governor, the

  5  President of the Senate, and the Speaker of the House of

  6  Representatives must pass by a two-thirds vote of the full

  7  commission. Sponsoring agencies and organizations may

  8  designate an alternative member who may attend and vote on

  9  behalf of the sponsoring agency or organization in the event

10  the appointed member is unable to attend a meeting of the

11  commission or any subcommittee. The commission shall be

12  staffed by employees of the Department of Health and the

13  Agency for Health Care Administration. Sponsoring agencies or

14  organizations must fund the travel and related expenses of

15  their appointed members on the commission. Travel and related

16  expenses for the consumer members of the commission shall be

17  reimbursed by the state pursuant to s. 112.061, Florida

18  Statutes. The commission shall hold its first meeting no later

19  than July 15, 2000.

20         (5)  EVIDENTIARY PROHIBITIONS.--

21         (a)  The findings, recommendations, evaluations,

22  opinions, investigations, proceedings, records, reports,

23  minutes, testimony, correspondence, work product, and actions

24  of the commission shall be available to the public, but may

25  not be introduced into evidence at any civil, criminal,

26  special, or administrative proceeding against a health care

27  practitioner or health care provider arising out of the

28  matters which are the subject of the findings of the

29  commission. Moreover, no member of the commission shall be

30  examined in any civil, criminal, special, or administrative

31  proceeding against a health care practitioner or health care

                                  55
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  provider as to any evidence or other matters produced or

  2  presented during the proceedings of this commission or as to

  3  any findings, recommendations, evaluations, opinions,

  4  investigations, proceedings, records, reports, minutes,

  5  testimony, correspondence, work product, or other actions of

  6  the commission or any members thereof. However, nothing in

  7  this section shall be construed to mean that information,

  8  documents, or records otherwise available and obtained from

  9  original sources are immune from discovery or use in any

10  civil, criminal, special, or administrative proceeding merely

11  because they were presented during proceedings of the

12  commission. Nor shall any person who testifies before the

13  commission or who is a member of the commission be prevented

14  from testifying as to matters within his or her knowledge in a

15  subsequent civil, criminal, special, or administrative

16  proceeding merely because such person testified in front of

17  the commission.

18         (b)  The findings, recommendations, evaluations,

19  opinions, investigations, proceedings, records, reports,

20  minutes, testimony, correspondence, work product, and actions

21  of the commission shall be used as a guide and resource and

22  shall not be construed as establishing or advocating the

23  standard of care for health care practitioners or health care

24  providers unless subsequently enacted into law or adopted in

25  rule. Nor shall any findings, recommendations, evaluations,

26  opinions, investigations, proceedings, records, reports,

27  minutes, testimony, correspondence, work product, or actions

28  of the commission be admissible as evidence in any way,

29  directly or indirectly, by introduction of documents or as a

30  basis of an expert opinion as to the standard of care

31  applicable to health care practitioners or health care

                                  56
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  providers in any civil, criminal, special, or administrative

  2  proceeding unless subsequently enacted into law or adopted in

  3  rule.

  4         (c)  No person who testifies before the commission or

  5  who is a member of the commission may specifically identify

  6  any patient, health care practitioner, or health care provider

  7  by name. Moreover, the findings, recommendations, evaluations,

  8  opinions, investigations, proceedings, records, reports,

  9  minutes, testimony, correspondence, work product, and actions

10  of the commission may not specifically identify any patient,

11  health care practitioner, or health care provider by name.

12         (6)  REPORT; TERMINATION.--The commission shall provide

13  a report of its findings and recommendations to the Governor,

14  the President of the Senate, and the Speaker of the House of

15  Representatives no later than February 1, 2001. After

16  submission of the report, the commission shall continue to

17  exist for the purpose of assisting the Department of Health,

18  the Agency for Health Care Administration, and the regulatory

19  boards in their drafting of proposed legislation and rules to

20  implement its recommendations and for the purpose of providing

21  information to the health care industry on its

22  recommendations. The commission shall be terminated June 1,

23  2001.

24         Section 34.  Effective October 1, 2000, subsection (1)

25  of section 408.7056, Florida Statutes, is amended to read:

26         408.7056  Statewide Provider and Subscriber Assistance

27  Program.--

28         (1)  As used in this section, the term:

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

30  Administration.

31         (b)  "Department" means the Department of Insurance.

                                  57
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         (c)  "Grievance procedure" means an established set of

  2  rules that specify a process for appeal of an organizational

  3  decision.

  4         (d)  "Health care provider" or "provider" means a

  5  state-licensed or state-authorized facility, a facility

  6  principally supported by a local government or by funds from a

  7  charitable organization that holds a current exemption from

  8  federal income tax under s. 501(c)(3) of the Internal Revenue

  9  Code, a licensed practitioner, a county health department

10  established under part I of chapter 154, a prescribed

11  pediatric extended care center defined in s. 400.902, a

12  federally supported primary care program such as a migrant

13  health center or a community health center authorized under s.

14  329 or s. 330 of the United States Public Health Services Act

15  that delivers health care services to individuals, or a

16  community facility that receives funds from the state under

17  the Community Alcohol, Drug Abuse, and Mental Health Services

18  Act and provides mental health services to individuals.

19         (e)(a)  "Managed care entity" means a health

20  maintenance organization or a prepaid health clinic certified

21  under chapter 641, a prepaid health plan authorized under s.

22  409.912, or an exclusive provider organization certified under

23  s. 627.6472.

24         (f)(b)  "Panel" means a statewide provider and

25  subscriber assistance panel selected as provided in subsection

26  (11).

27         Section 35.  Effective October 1, 2000, section

28  627.654, Florida Statutes, is amended to read:

29         627.654  Labor union, and association, and small

30  employer health alliance groups.--

31         (1)(a)  A group of individuals may be insured under a

                                  58
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  policy issued to an association, including a labor union,

  2  which association has a constitution and bylaws and not less

  3  than 25 individual members and which has been organized and

  4  has been maintained in good faith for a period of 1 year for

  5  purposes other than that of obtaining insurance, or to the

  6  trustees of a fund established by such an association, which

  7  association or trustees shall be deemed the policyholder,

  8  insuring at least 15 individual members of the association for

  9  the benefit of persons other than the officers of the

10  association, the association or trustees.

11         (b)  A small employer, as defined in s. 627.6699 and

12  including the employer's eligible employees and the spouses

13  and dependents of such employees, may be insured under a

14  policy issued to a small employer health alliance by a carrier

15  as defined in s. 627.6699.  A small employer health alliance

16  must be organized as a not-for-profit corporation under

17  chapter 617. Notwithstanding any other law, if a small

18  employer member of an alliance loses eligibility to purchase

19  health care through the alliance solely because the business

20  of the small employer member expands to more than 50 and fewer

21  than 75 eligible employees, the small employer member may, at

22  its next renewal date, purchase coverage through the alliance

23  for not more than 1 additional year.  A small employer health

24  alliance shall establish conditions of participation in the

25  alliance by a small employer, including, but not limited to:

26         1.  Assurance that the small employer is not formed for

27  the purpose of securing health benefit coverage.

28         2.  Assurance that the employees of a small employer

29  have not been added for the purpose of securing health benefit

30  coverage.

31         (2)  No such policy of insurance as defined in

                                  59
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  subsection (1) may be issued to any such association or

  2  alliance, unless all individual members of such association,

  3  or all small employer members of an alliance, or all of any

  4  class or classes thereof, are declared eligible and acceptable

  5  to the insurer at the time of issuance of the policy.

  6         (3)  Any such policy issued under paragraph (1)(a) may

  7  insure the spouse or dependent children with or without the

  8  member being insured.

  9         (4)  A single master policy issued to an association,

10  labor union, or small employer health alliance may include

11  more than one health plan from the same insurer or affiliated

12  insurer group as alternatives for an employer, employee, or

13  member to select.

14         Section 36.  Effective October 1, 2000, paragraph (f)

15  of subsection (2), paragraph (b) of subsection (4), and

16  subsection (6) of section 627.6571, Florida Statutes, are

17  amended to read:

18         627.6571  Guaranteed renewability of coverage.--

19         (2)  An insurer may nonrenew or discontinue a group

20  health insurance policy based only on one or more of the

21  following conditions:

22         (f)  In the case of health insurance coverage that is

23  made available only through one or more bona fide associations

24  as defined in subsection (5) or through one or more small

25  employer health alliances as described in s. 627.654(1)(b),

26  the membership of an employer in the association or in the

27  small employer health alliance, on the basis of which the

28  coverage is provided, ceases, but only if such coverage is

29  terminated under this paragraph uniformly without regard to

30  any health-status-related factor that relates to any covered

31  individuals.

                                  60
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         (4)  At the time of coverage renewal, an insurer may

  2  modify the health insurance coverage for a product offered:

  3         (b)  In the small-group market if, for coverage that is

  4  available in such market other than only through one or more

  5  bona fide associations as defined in subsection (5) or through

  6  one or more small employer health alliances as described in s.

  7  627.654(1)(b), such modification is consistent with s.

  8  627.6699 and effective on a uniform basis among group health

  9  plans with that product.

10         (6)  In applying this section in the case of health

11  insurance coverage that is made available by an insurer in the

12  small-group market or large-group market to employers only

13  through one or more associations or through one or more small

14  employer health alliances as described in s. 627.654(1)(b), a

15  reference to "policyholder" is deemed, with respect to

16  coverage provided to an employer member of the association, to

17  include a reference to such employer.

18         Section 37.  Effective October 1, 2000, paragraph (h)

19  of subsection (5), paragraph (b) of subsection (6), and

20  paragraph (a) of subsection (12) of section 627.6699, Florida

21  Statutes, are amended to read:

22         627.6699  Employee Health Care Access Act.--

23         (5)  AVAILABILITY OF COVERAGE.--

24         (h)  All health benefit plans issued under this section

25  must comply with the following conditions:

26         1.  For employers who have fewer than two employees, a

27  late enrollee may be excluded from coverage for no longer than

28  24 months if he or she was not covered by creditable coverage

29  continually to a date not more than 63 days before the

30  effective date of his or her new coverage.

31         2.  Any requirement used by a small employer carrier in

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  determining whether to provide coverage to a small employer

  2  group, including requirements for minimum participation of

  3  eligible employees and minimum employer contributions, must be

  4  applied uniformly among all small employer groups having the

  5  same number of eligible employees applying for coverage or

  6  receiving coverage from the small employer carrier, except

  7  that a small employer carrier that participates in,

  8  administers, or issues health benefits pursuant to s. 381.0406

  9  which do not include a preexisting condition exclusion may

10  require as a condition of offering such benefits that the

11  employer has had no health insurance coverage for its

12  employees for a period of at least 6 months.  A small employer

13  carrier may vary application of minimum participation

14  requirements and minimum employer contribution requirements

15  only by the size of the small employer group.

16         3.  In applying minimum participation requirements with

17  respect to a small employer, a small employer carrier shall

18  not consider as an eligible employee employees or dependents

19  who have qualifying existing coverage in an employer-based

20  group insurance plan or an ERISA qualified self-insurance plan

21  in determining whether the applicable percentage of

22  participation is met. However, a small employer carrier may

23  count eligible employees and dependents who have coverage

24  under another health plan that is sponsored by that employer

25  except if such plan is offered pursuant to s. 408.706.

26         4.  A small employer carrier shall not increase any

27  requirement for minimum employee participation or any

28  requirement for minimum employer contribution applicable to a

29  small employer at any time after the small employer has been

30  accepted for coverage, unless the employer size has changed,

31  in which case the small employer carrier may apply the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  requirements that are applicable to the new group size.

  2         5.  If a small employer carrier offers coverage to a

  3  small employer, it must offer coverage to all the small

  4  employer's eligible employees and their dependents.  A small

  5  employer carrier may not offer coverage limited to certain

  6  persons in a group or to part of a group, except with respect

  7  to late enrollees.

  8         6.  A small employer carrier may not modify any health

  9  benefit plan issued to a small employer with respect to a

10  small employer or any eligible employee or dependent through

11  riders, endorsements, or otherwise to restrict or exclude

12  coverage for certain diseases or medical conditions otherwise

13  covered by the health benefit plan.

14         7.  An initial enrollment period of at least 30 days

15  must be provided.  An annual 30-day open enrollment period

16  must be offered to each small employer's eligible employees

17  and their dependents. A small employer carrier must provide

18  special enrollment periods as required by s. 627.65615.

19         (6)  RESTRICTIONS RELATING TO PREMIUM RATES.--

20         (b)  For all small employer health benefit plans that

21  are subject to this section and are issued by small employer

22  carriers on or after January 1, 1994, premium rates for health

23  benefit plans subject to this section are subject to the

24  following:

25         1.  Small employer carriers must use a modified

26  community rating methodology in which the premium for each

27  small employer must be determined solely on the basis of the

28  eligible employee's and eligible dependent's gender, age,

29  family composition, tobacco use, or geographic area as

30  determined under paragraph (5)(j).

31         2.  Rating factors related to age, gender, family

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  composition, tobacco use, or geographic location may be

  2  developed by each carrier to reflect the carrier's experience.

  3  The factors used by carriers are subject to department review

  4  and approval.

  5         3.  Small employer carriers may not modify the rate for

  6  a small employer for 12 months from the initial issue date or

  7  renewal date, unless the composition of the group changes or

  8  benefits are changed. However, a small employer carrier may

  9  modify the rate one time prior to 12 months after the initial

10  issue date for a small employer who enrolls under a previously

11  issued group policy that has a common anniversary date for all

12  employers covered under the policy if:

13         a.  The carrier discloses to the employer in a clear

14  and conspicuous manner the date of the first renewal and the

15  fact that the premium may increase on or after that date.

16         b.  The insurer demonstrates to the department that

17  efficiencies in administration are achieved and reflected in

18  the rates charged to small employers covered under the policy.

19         4.  A carrier may issue a group health insurance policy

20  to a small employer health alliance or other group association

21  with rates that reflect a premium credit for expense savings

22  attributable to administrative activities being performed by

23  the alliance or group association if such expense savings are

24  specifically documented in the insurer's rate filing and are

25  approved by the department. Any such credit may not be based

26  on different morbidity assumptions or on any other factor

27  related to the health status or claims experience of any

28  person covered under the policy. Nothing in this subparagraph

29  exempts an alliance or group association from licensure for

30  any activities that require licensure under the Insurance

31  Code. A carrier issuing a group health insurance policy to a

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  small employer health alliance or other group association

  2  shall allow any properly licensed and appointed agent of that

  3  carrier to market and sell the small employer health alliance

  4  or other group association policy. Such agent shall be paid

  5  the usual and customary commission paid to any agent selling

  6  the policy. Carriers participating in the alliance program, in

  7  accordance with ss. 408.70-408.706, may apply a different

  8  community rate to business written in that program.

  9         (12)  STANDARD, BASIC, AND LIMITED HEALTH BENEFIT

10  PLANS.--

11         (a)1.  By May 15, 1993, the commissioner shall appoint

12  a health benefit plan committee composed of four

13  representatives of carriers which shall include at least two

14  representatives of HMOs, at least one of which is a staff

15  model HMO, two representatives of agents, four representatives

16  of small employers, and one employee of a small employer.  The

17  carrier members shall be selected from a list of individuals

18  recommended by the board.  The commissioner may require the

19  board to submit additional recommendations of individuals for

20  appointment.  As alliances are established under s. 408.702,

21  each alliance shall also appoint an additional member to the

22  committee.

23         2.  The committee shall develop changes to the form and

24  level of coverages for the standard health benefit plan and

25  the basic health benefit plan, and shall submit the forms, and

26  levels of coverages to the department by September 30, 1993.

27  The department must approve such forms and levels of coverages

28  by November 30, 1993, and may return the submissions to the

29  committee for modification on a schedule that allows the

30  department to grant final approval by November 30, 1993.

31         3.  The plans shall comply with all of the requirements

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  of this subsection.

  2         4.  The plans must be filed with and approved by the

  3  department prior to issuance or delivery by any small employer

  4  carrier.

  5         5.  After approval of the revised health benefit plans,

  6  if the department determines that modifications to a plan

  7  might be appropriate, the commissioner shall appoint a new

  8  health benefit plan committee in the manner provided in

  9  subparagraph 1. to submit recommended modifications to the

10  department for approval.

11         Section 38.  Effective October 1, 2000, subsection (1)

12  of section 240.2995, Florida Statutes, is amended to read:

13         240.2995  University health services support

14  organizations.--

15         (1)  Each state university is authorized to establish

16  university health services support organizations which shall

17  have the ability to enter into, for the benefit of the

18  university academic health sciences center, arrangements with

19  other entities as providers for accountable health

20  partnerships, as defined in s. 408.701, and providers in other

21  integrated health care systems or similar entities.  To the

22  extent required by law or rule, university health services

23  support organizations shall become licensed as insurance

24  companies, pursuant to chapter 624, or be certified as health

25  maintenance organizations, pursuant to chapter 641.

26  University health services support organizations shall have

27  sole responsibility for the acts, debts, liabilities, and

28  obligations of the organization.  In no case shall the state

29  or university have any responsibility for such acts, debts,

30  liabilities, and obligations incurred or assumed by university

31  health services support organizations.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         Section 39.  Effective October 1, 2000, paragraph (a)

  2  of subsection (2) of section 240.2996, Florida Statutes, is

  3  amended to read:

  4         240.2996  University health services support

  5  organization; confidentiality of information.--

  6         (2)  The following university health services support

  7  organization's records and information are confidential and

  8  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

  9  I of the State Constitution:

10         (a)  Contracts for managed care arrangements, as

11  managed care is defined in s. 408.701, under which the

12  university health services support organization provides

13  health care services, including preferred provider

14  organization contracts, health maintenance organization

15  contracts, alliance network arrangements, and exclusive

16  provider organization contracts, and any documents directly

17  relating to the negotiation, performance, and implementation

18  of any such contracts for managed care arrangements or

19  alliance network arrangements. As used in this paragraph, the

20  term "managed care" means systems or techniques generally used

21  by third-party payors or their agents to affect access to and

22  control payment for health care services. Managed-care

23  techniques most often include one or more of the following:

24  prior, concurrent, and retrospective review of the medical

25  necessity and appropriateness of services or site of services;

26  contracts with selected health care providers; financial

27  incentives or disincentives related to the use of specific

28  providers, services, or service sites; controlled access to

29  and coordination of services by a case manager; and payor

30  efforts to identify treatment alternatives and modify benefit

31  restrictions for high-cost patient care.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1

  2  The exemptions in this subsection are subject to the Open

  3  Government Sunset Review Act of 1995 in accordance with s.

  4  119.15 and shall stand repealed on October 2, 2001, unless

  5  reviewed and saved from repeal through reenactment by the

  6  Legislature.

  7         Section 40.  Effective October 1, 2000, paragraph (b)

  8  of subsection (8) of section 240.512, Florida Statutes, is

  9  amended to read:

10         240.512  H. Lee Moffitt Cancer Center and Research

11  Institute.--There is established the H. Lee Moffitt Cancer

12  Center and Research Institute at the University of South

13  Florida.

14         (8)

15         (b)  Proprietary confidential business information is

16  confidential and exempt from the provisions of s. 119.07(1)

17  and s. 24(a), Art. I of the State Constitution.  However, the

18  Auditor General and Board of Regents, pursuant to their

19  oversight and auditing functions, must be given access to all

20  proprietary confidential business information upon request and

21  without subpoena and must maintain the confidentiality of

22  information so received. As used in this paragraph, the term

23  "proprietary confidential business information" means

24  information, regardless of its form or characteristics, which

25  is owned or controlled by the not-for-profit corporation or

26  its subsidiaries; is intended to be and is treated by the

27  not-for-profit corporation or its subsidiaries as private and

28  the disclosure of which would harm the business operations of

29  the not-for-profit corporation or its subsidiaries; has not

30  been intentionally disclosed by the corporation or its

31  subsidiaries unless pursuant to law, an order of a court or

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  administrative body, a legislative proceeding pursuant to s.

  2  5, Art. III of the State Constitution, or a private agreement

  3  that provides that the information may be released to the

  4  public; and which is information concerning:

  5         1.  Internal auditing controls and reports of internal

  6  auditors;

  7         2.  Matters reasonably encompassed in privileged

  8  attorney-client communications;

  9         3.  Contracts for managed-care arrangements, as managed

10  care is defined in s. 408.701, including preferred provider

11  organization contracts, health maintenance organization

12  contracts, and exclusive provider organization contracts, and

13  any documents directly relating to the negotiation,

14  performance, and implementation of any such contracts for

15  managed-care arrangements;

16         4.  Bids or other contractual data, banking records,

17  and credit agreements the disclosure of which would impair the

18  efforts of the not-for-profit corporation or its subsidiaries

19  to contract for goods or services on favorable terms;

20         5.  Information relating to private contractual data,

21  the disclosure of which would impair the competitive interest

22  of the provider of the information;

23         6.  Corporate officer and employee personnel

24  information;

25         7.  Information relating to the proceedings and records

26  of credentialing panels and committees and of the governing

27  board of the not-for-profit corporation or its subsidiaries

28  relating to credentialing;

29         8.  Minutes of meetings of the governing board of the

30  not-for-profit corporation and its subsidiaries, except

31  minutes of meetings open to the public pursuant to subsection

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  (9);

  2         9.  Information that reveals plans for marketing

  3  services that the corporation or its subsidiaries reasonably

  4  expect to be provided by competitors;

  5         10.  Trade secrets as defined in s. 688.002, including

  6  reimbursement methodologies or rates; or

  7         11.  The identity of donors or prospective donors of

  8  property who wish to remain anonymous or any information

  9  identifying such donors or prospective donors.  The anonymity

10  of these donors or prospective donors must be maintained in

11  the auditor's report.

12

13  As used in this paragraph, the term "managed care" means

14  systems or techniques generally used by third-party payors or

15  their agents to affect access to and control payment for

16  health care services. Managed-care techniques most often

17  include one or more of the following:  prior, concurrent, and

18  retrospective review of the medical necessity and

19  appropriateness of services or site of services; contracts

20  with selected health care providers; financial incentives or

21  disincentives related to the use of specific providers,

22  services, or service sites; controlled access to and

23  coordination of services by a case manager; and payor efforts

24  to identify treatment alternatives and modify benefit

25  restrictions for high-cost patient care.

26         Section 41.  Effective October 1, 2000, subsection (14)

27  of section 381.0406, Florida Statutes, is amended to read:

28         381.0406  Rural health networks.--

29         (14)  NETWORK FINANCING.--Networks may use all sources

30  of public and private funds to support network activities.

31  Nothing in this section prohibits networks from becoming

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  managed care providers, or accountable health partnerships,

  2  provided they meet the requirements for an accountable health

  3  partnership as specified in s. 408.706.

  4         Section 42.  Effective October 1, 2000, paragraph (a)

  5  of subsection (2) of section 395.3035, Florida Statutes, is

  6  amended to read:

  7         395.3035  Confidentiality of hospital records and

  8  meetings.--

  9         (2)  The following records and information of any

10  hospital that is subject to chapter 119 and s. 24(a), Art. I

11  of the State Constitution are confidential and exempt from the

12  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

13  Constitution:

14         (a)  Contracts for managed care arrangements, as

15  managed care is defined in s. 408.701, under which the public

16  hospital provides health care services, including preferred

17  provider organization contracts, health maintenance

18  organization contracts, exclusive provider organization

19  contracts, and alliance network arrangements, and any

20  documents directly relating to the negotiation, performance,

21  and implementation of any such contracts for managed care or

22  alliance network arrangements. As used in this paragraph, the

23  term "managed care" means systems or techniques generally used

24  by third-party payors or their agents to affect access to and

25  control payment for health care services. Managed-care

26  techniques most often include one or more of the following:

27  prior, concurrent, and retrospective review of the medical

28  necessity and appropriateness of services or site of services;

29  contracts with selected health care providers; financial

30  incentives or disincentives related to the use of specific

31  providers, services, or service sites; controlled access to

                                  71
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  and coordination of services by a case manager; and payor

  2  efforts to identify treatment alternatives and modify benefit

  3  restrictions for high-cost patient care.

  4         Section 43.  Effective October 1, 2000, paragraph (b)

  5  of subsection (1) of section 627.4301, Florida Statutes, is

  6  amended to read:

  7         627.4301  Genetic information for insurance purposes.--

  8         (1)  DEFINITIONS.--As used in this section, the term:

  9         (b)  "Health insurer" means an authorized insurer

10  offering health insurance as defined in s. 624.603, a

11  self-insured plan as defined in s. 624.031, a

12  multiple-employer welfare arrangement as defined in s.

13  624.437, a prepaid limited health service organization as

14  defined in s. 636.003, a health maintenance organization as

15  defined in s. 641.19, a prepaid health clinic as defined in s.

16  641.402, a fraternal benefit society as defined in s. 632.601,

17  an accountable health partnership as defined in s. 408.701, or

18  any health care arrangement whereby risk is assumed.

19         Section 44.  Section 641.185, Florida Statutes, is

20  created to read:

21         641.185  Health maintenance organization subscriber

22  protections.--

23         (1)  With respect to the provisions of this part and

24  part III, the principles expressed in the following statements

25  shall serve as standards to be followed by the Department of

26  Insurance and the Agency for Health Care Administration in

27  exercising their powers and duties, in exercising

28  administrative discretion, in administrative interpretations

29  of the law, in enforcing its provisions, and in adopting

30  rules:

31         (a)  A health maintenance organization shall ensure

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  that the health care services provided to its subscribers

  2  shall be rendered under reasonable standards of quality of

  3  care which are at a minimum consistent with the prevailing

  4  standards of medical practice in the community pursuant to ss.

  5  641.495(1) and 641.51.

  6         (b)  A health maintenance organization subscriber

  7  should receive quality health care from a broad panel of

  8  providers, including referrals, preventive care pursuant to s.

  9  641.402(1), emergency screening and services pursuant to ss.

10  641.31(12) and 641.513, and second opinions pursuant to s.

11  641.51.

12         (c)  A health maintenance organization subscriber

13  should receive assurance that the health maintenance

14  organization has been independently accredited by a national

15  review organization pursuant to s. 641.512, and is financially

16  secure as determined by the state pursuant to ss. 641.221,

17  641.225, and 641.228.

18         (d)  A health maintenance organization subscriber

19  should receive continuity of health care, even after the

20  provider is no longer with the health maintenance organization

21  pursuant to s. 641.51(7).

22         (e)  A health maintenance organization subscriber

23  should receive timely, concise information regarding the

24  health maintenance organization's reimbursement to providers

25  and services pursuant to ss. 641.31 and 641.31015.

26         (f)  A health maintenance organization subscriber

27  should receive the flexibility to transfer to another Florida

28  health maintenance organization, regardless of health status,

29  pursuant to ss. 641.3104, 641.3107, 641.3111, 641.3921,

30  641.3922, and 641.228.

31         (g)  A health maintenance organization subscriber

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  should be eligible for coverage without discrimination against

  2  individual participants and beneficiaries of group plans based

  3  on health status pursuant to s. 641.31073.

  4         (h)  A health maintenance organization that issues a

  5  group health contract must: provide coverage for preexisting

  6  conditions pursuant to s. 641.31071; guarantee renewability of

  7  coverage pursuant to s. 641.31074; provide notice of

  8  cancellation pursuant to s. 641.3108; provide extension of

  9  benefits pursuant to s. 641.3111; provide for conversion on

10  termination of eligibility pursuant to s. 641.3921; and

11  provide for conversion contracts and conditions pursuant to s.

12  641.3922.

13         (i)  A health maintenance organization subscriber

14  should receive timely, and, if necessary, urgent grievances

15  and appeals within the health maintenance organization

16  pursuant to ss. 641.228, 641.31(5), 641.47, and 641.511.

17         (j)  A health maintenance organization should receive

18  timely and, if necessary, urgent review by an independent

19  state external review organization for unresolved grievances

20  and appeals pursuant to s. 408.7056.

21         (k)  A health maintenance organization subscriber shall

22  be given written notice at least 30 days in advance of a rate

23  change pursuant to s. 641.31(3)(b). In the case of a group

24  member, there may be a contractual agreement with the health

25  maintenance organization to have the employer provide the

26  required notice to the individual members of the group

27  pursuant to s. 641.31(3)(b).

28         (l)  A health maintenance organization subscriber shall

29  be given a copy of the applicable health maintenance contract,

30  certificate, or member handbook specifying: all the

31  provisions, disclosure, and limitations required pursuant to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  s. 641.31(1) and (4); the covered services, including those

  2  services, medical conditions, and provider types specified in

  3  ss. 641.31, 641.31094, 641.31095, 641.31096, 641.51(10), and

  4  641.513; and where and in what manner services may be obtained

  5  pursuant to s. 641.31(4).

  6         (2)  This section shall not be construed as creating a

  7  civil cause of action by any subscriber or provider against

  8  any health maintenance organization.

  9         Section 45.  Subsection (11) of section 641.511,

10  Florida Statutes, is renumbered as subsection (12) and a new

11  subsection (11) is added to said section to read:

12         641.511  Subscriber grievance reporting and resolution

13  requirements.--

14         (11)  Each organization, as part of its contract with

15  any provider, must require the provider to post a consumer

16  assistance notice prominently displayed in the reception area

17  of the provider and clearly noticeable by all patients. The

18  consumer assistance notice must state the addresses and

19  toll-free telephone numbers of the Agency for Health Care

20  Administration, the Statewide Provider and Subscriber

21  Assistance Program, and the Department of Insurance. The

22  consumer assistance notice must also clearly state that the

23  address and toll-free telephone number of the organization's

24  grievance department shall be provided upon request. The

25  agency is authorized to promulgate rules to implement this

26  section.

27         Section 46.  Paragraph (n) of subsection (3), paragraph

28  (c) of subsection (5), and paragraphs (b) and (d) of

29  subsection (6) of section 627.6699, Florida Statutes, are

30  amended to read:

31         627.6699  Employee Health Care Access Act.--

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         (3)  DEFINITIONS.--As used in this section, the term:

  2         (n)  "Modified community rating" means a method used to

  3  develop carrier premiums which spreads financial risk across a

  4  large population, and allows the use of separate rating

  5  factors adjustments for age, gender, family composition,

  6  tobacco usage, and geographic area as determined under

  7  paragraph (5)(j); and allows adjustments for claims

  8  experience, health status, or duration of coverage as provided

  9  in subparagraph (6)(b)5.; and administrative and acquisition

10  expenses as provided in subparagraph (6)(b)6.

11         (5)  AVAILABILITY OF COVERAGE.--

12         (c)  Every small employer carrier must, as a condition

13  of transacting business in this state:

14         1.  Beginning July 1, 2000 January 1, 1994, offer and

15  issue all small employer health benefit plans on a

16  guaranteed-issue basis to every eligible small employer, with

17  two 3 to 50 eligible employees, that elects to be covered

18  under such plan, agrees to make the required premium payments,

19  and satisfies the other provisions of the plan. A rider for

20  additional or increased benefits may be medically underwritten

21  and may only be added to the standard health benefit plan.

22  The increased rate charged for the additional or increased

23  benefit must be rated in accordance with this section.

24         2.  Beginning August 1, 2000 April 15, 1994, offer and

25  issue basic and standard small employer health benefit plans

26  on a guaranteed-issue basis, during an open enrollment period

27  of August 1 through August 31 of each year, to every eligible

28  small employer, with less than one or two eligible employees,

29  which is not formed primarily for purposes of buying health

30  insurance and which elects to be covered under such plan,

31  agrees to make the required premium payments, and satisfies

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  the other provisions of the plan.  Coverage provided pursuant

  2  to this subparagraph shall begin on October 1 of the same year

  3  as the date of enrollment, unless the small employer carrier

  4  and the small employer agree to a different date.  A rider for

  5  additional or increased benefits may be medically underwritten

  6  and may only be added to the standard health benefit plan.

  7  The increased rate charged for the additional or increased

  8  benefit must be rated in accordance with this section. For

  9  purposes of this subparagraph, a person, his or her spouse,

10  and his or her dependent children shall constitute a single

11  eligible employee if such person and spouse are employed by

12  the same small employer and either one has a normal work week

13  of less than 25 hours.

14

15  3.  Offer to eligible small employers the standard and basic

16  health benefit plans.  This paragraph subparagraph does not

17  limit a carrier's ability to offer other health benefit plans

18  to small employers if the standard and basic health benefit

19  plans are offered and rejected.

20         (6)  RESTRICTIONS RELATING TO PREMIUM RATES.--

21         (b)  For all small employer health benefit plans that

22  are subject to this section and are issued by small employer

23  carriers on or after January 1, 1994, premium rates for health

24  benefit plans subject to this section are subject to the

25  following:

26         1.  Small employer carriers must use a modified

27  community rating methodology in which the premium for each

28  small employer must be determined solely on the basis of the

29  eligible employee's and eligible dependent's gender, age,

30  family composition, tobacco use, or geographic area as

31  determined under paragraph (5)(j) and may be adjusted as

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  permitted by subparagraphs 5. and 6.

  2         2.  Rating factors related to age, gender, family

  3  composition, tobacco use, or geographic location may be

  4  developed by each carrier to reflect the carrier's experience.

  5  The factors used by carriers are subject to department review

  6  and approval.

  7         3.  Small employer carriers may not modify the rate for

  8  a small employer for 12 months from the initial issue date or

  9  renewal date, unless the composition of the group changes or

10  benefits are changed.

11         4.  Carriers participating in the alliance program, in

12  accordance with ss. 408.70-408.706, may apply a different

13  community rate to business written in that program.

14         5.  Any adjustments in rates for claims experience,

15  health status, or duration of coverage may not be charged to

16  individual employees or dependents. For a small employer's

17  policy, such adjustments may not result in a rate for the

18  small employer which deviates more than 15 percent from the

19  carrier's approved rate. Any such adjustment must be applied

20  uniformly to the rates charged for all employees and

21  dependents of the small employer. A small employer carrier may

22  make an adjustment to a small employer's renewal premium, not

23  to exceed 10 percent annually, due to the claims experience,

24  health status, or duration of coverage of the employees or

25  dependents of the small employer. Semiannually, small group

26  carriers shall report information on forms adopted by rule by

27  the department, to enable the department to monitor the

28  relationship of aggregate adjusted premiums actually charged

29  policyholders by each carrier to the premiums that would have

30  been charged by application of the carrier's approved modified

31  community rates. If the aggregate resulting from the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  application of such adjustment exceeds the premium that would

  2  have been charged by application of the approved modified

  3  community rate by 5 percent for the current reporting period,

  4  the carrier shall limit the application of such adjustments to

  5  only minus adjustments beginning not more than 60 days after

  6  the report is sent to the department. For any subsequent

  7  reporting period, if the total aggregate adjusted premium

  8  actually charged does not exceed the premium that would have

  9  been charged by application of the approved modified community

10  rate by 5 percent, the carrier may apply both plus and minus

11  adjustments.

12         6.  A small employer carrier may provide a credit to a

13  small employer's premium based on administrative and

14  acquisition expense differences resulting from the size of the

15  group. Group size administrative and acquisition expense

16  factors may be developed by each carrier to reflect the

17  carrier's experience and are subject to department review and

18  approval.

19         7.  A small employer carrier rating methodology may

20  include separate rating categories for one dependent child,

21  for two dependent children, and for three or more dependent

22  children for family coverage of employees having a spouse and

23  dependent children or employees having dependent children

24  only. A small employer carrier may have fewer, but not

25  greater, numbers of categories for dependent children than

26  those specified in this subparagraph.

27         8.  Small employer carriers may not use a composite

28  rating methodology to rate a small employer with fewer than 10

29  employees. For the purposes of this subparagraph a "composite

30  rating methodology" means a rating methodology that averages

31  the impact of the rating factors for age and gender in the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  premiums charged to all of the employees of a small employer.

  2         (d)  Notwithstanding s. 627.401(2), this section and

  3  ss. 627.410 and 627.411 apply to any health benefit plan

  4  provided by a small employer carrier that is an insurer, and

  5  this section and s. 641.31 apply to any health benefit

  6  provided by a small employer carrier that is a health

  7  maintenance organization, that provides coverage to one or

  8  more employees of a small employer regardless of where the

  9  policy, certificate, or contract is issued or delivered, if

10  the health benefit plan covers employees or their covered

11  dependents who are residents of this state.

12         Section 47.  Subsection (6) of section 409.212, Florida

13  Statutes, is renumbered as subsection (7), and new subsection

14  (6) is added to said section to read:

15         409.212  Optional supplementation.--

16         (6)  The optional state supplementation rate shall be

17  increased by the cost-of-living adjustment to the federal

18  benefits rate provided the average state optional

19  supplementation contribution does not increase as a result.

20         Section 48.  Subsections (3), (15), and (18) of section

21  409.901, Florida Statutes, are amended to read:

22         409.901  Definitions.--As used in ss. 409.901-409.920,

23  except as otherwise specifically provided, the term:

24         (3)  "Applicant" means an individual whose written

25  application for medical assistance provided by Medicaid under

26  ss. 409.903-409.906 has been submitted to the Department of

27  Children and Family Services agency, or to the Social Security

28  Administration if the application is for Supplemental Security

29  Income, but has not received final action.  This term includes

30  an individual, who need not be alive at the time of

31  application, whose application is submitted through a

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  representative or a person acting for the individual.

  2         (15)  "Medicaid program" means the program authorized

  3  under Title XIX of the federal Social Security Act which

  4  provides for payments for medical items or services, or both,

  5  on behalf of any person who is determined by the Department of

  6  Children and Family Services, or, for Supplemental Security

  7  Income, by the Social Security Administration, to be eligible

  8  on the date of service for Medicaid assistance.

  9         (18)  "Medicaid recipient" or "recipient" means an

10  individual whom the Department of Children and Family

11  Services, or, for Supplemental Security Income, by the Social

12  Security Administration, determines is eligible, pursuant to

13  federal and state law, to receive medical assistance and

14  related services for which the agency may make payments under

15  the Medicaid program. For the purposes of determining

16  third-party liability, the term includes an individual

17  formerly determined to be eligible for Medicaid, an individual

18  who has received medical assistance under the Medicaid

19  program, or an individual on whose behalf Medicaid has become

20  obligated.

21         Section 49.  Section 409.902, Florida Statutes, is

22  amended to read:

23         409.902  Designated single state agency; payment

24  requirements; program title.--The Agency for Health Care

25  Administration is designated as the single state agency

26  authorized to make payments for medical assistance and related

27  services under Title XIX of the Social Security Act.  These

28  payments shall be made, subject to any limitations or

29  directions provided for in the General Appropriations Act,

30  only for services included in the program, shall be made only

31  on behalf of eligible individuals, and shall be made only to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  qualified providers in accordance with federal requirements

  2  for Title XIX of the Social Security Act and the provisions of

  3  state law.  This program of medical assistance is designated

  4  the "Medicaid program." The Department of Children and Family

  5  Services is responsible for Medicaid eligibility

  6  determinations, including, but not limited to, policy, rules,

  7  and the agreement with the Social Security Administration for

  8  Medicaid eligibility determinations for Supplemental Security

  9  Income recipients, as well as the actual determination of

10  eligibility.

11         Section 50.  Section 409.903, Florida Statutes, is

12  amended to read:

13         409.903  Mandatory payments for eligible persons.--The

14  agency shall make payments for medical assistance and related

15  services on behalf of the following persons who the

16  department, or the Social Security Administration by contract

17  with the Department of Children and Family Services, agency

18  determines to be eligible, subject to the income, assets, and

19  categorical eligibility tests set forth in federal and state

20  law.  Payment on behalf of these Medicaid eligible persons is

21  subject to the availability of moneys and any limitations

22  established by the General Appropriations Act or chapter 216.

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

24  Medicaid provided they meet the following requirements:

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

26  living with a caretaker relative.

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

28  income test limit.

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

30  exceed the applicable Aid to Families with Dependent Children

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





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

  2  state plan to conform as closely as possible to the

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

  4  the extent permitted by federal law.

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

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

  7  benefits from the federal program known as the Supplemental

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

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

10  age 65 considered to be permanently and totally disabled.

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

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

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

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

15  WAGES Program.

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

17  Social Security Act for subsidized board payments, foster

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

19  has assumed temporary or permanent responsibility and who does

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

21  shelter or emergency shelter care, or subsidized adoption.

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

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

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

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

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

27  1992, that has an income which is at or below 185 percent of

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

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

30  applies for eligibility for the Medicaid program through a

31  qualified Medicaid provider must be offered the opportunity,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  subject to federal rules, to be made presumptively eligible

  2  for the Medicaid program.

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

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

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

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

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

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

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

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

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

12  a child, an assets test is not required.

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

14  the agency to be disabled, whose income is at or below 100

15  percent of the most current federal poverty level and whose

16  assets do not exceed limitations established by the agency.

17  However, the agency may only pay for premiums, coinsurance,

18  and deductibles, as required by federal law, unless additional

19  coverage is provided for any or all members of this group by

20  s. 409.904(1).

21         Section 51.  Subsection (6) of section 409.905, Florida

22  Statutes, is amended to read:

23         409.905  Mandatory Medicaid services.--The agency may

24  make payments for the following services, which are required

25  of the state by Title XIX of the Social Security Act,

26  furnished by Medicaid providers to recipients who are

27  determined to be eligible on the dates on which the services

28  were provided.  Any service under this section shall be

29  provided only when medically necessary and in accordance with

30  state and federal law. Nothing in this section shall be

31  construed to prevent or limit the agency from adjusting fees,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  reimbursement rates, lengths of stay, number of visits, number

  2  of services, or any other adjustments necessary to comply with

  3  the availability of moneys and any limitations or directions

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

  5         (6)  HOSPITAL OUTPATIENT SERVICES.--The agency shall

  6  pay for preventive, diagnostic, therapeutic, or palliative

  7  care and other services provided to a recipient in the

  8  outpatient portion of a hospital licensed under part I of

  9  chapter 395, and provided under the direction of a licensed

10  physician or licensed dentist, except that payment for such

11  care and services is limited to $1,500 $1,000 per state fiscal

12  year per recipient, unless an exception has been made by the

13  agency, and with the exception of a Medicaid recipient under

14  age 21, in which case the only limitation is medical

15  necessity.

16         Section 52.  Subsection (5) of section 409.906, Florida

17  Statutes, is amended to read:

18         409.906  Optional Medicaid services.--Subject to

19  specific appropriations, the agency may make payments for

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

21  the Social Security Act and are furnished by Medicaid

22  providers to recipients who are determined to be eligible on

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

24  service that is provided shall be provided only when medically

25  necessary and in accordance with state and federal law.

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

27  the agency from adjusting fees, reimbursement rates, lengths

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

29  any other adjustments necessary to comply with the

30  availability of moneys and any limitations or directions

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  If necessary to safeguard the state's systems of providing

  2  services to elderly and disabled persons and subject to the

  3  notice and review provisions of s. 216.177, the Governor may

  4  direct the Agency for Health Care Administration to amend the

  5  Medicaid state plan to delete the optional Medicaid service

  6  known as "Intermediate Care Facilities for the Developmentally

  7  Disabled."  Optional services may include:

  8         (5)  CASE MANAGEMENT SERVICES.--The agency may pay for

  9  primary care case management services rendered to a recipient

10  pursuant to a federally approved waiver, and targeted case

11  management services for specific groups of targeted

12  recipients, for which funding has been provided and which are

13  rendered pursuant to federal guidelines. The agency is

14  authorized to limit reimbursement for targeted case management

15  services in order to comply with any limitations or directions

16  provided for in the General Appropriations Act.

17  Notwithstanding s. 216.292, the Department of Children and

18  Family Services may transfer general funds to the Agency for

19  Health Care Administration to fund state match requirements

20  exceeding the amount specified in the General Appropriations

21  Act for targeted case management services.

22         Section 53.  Subsection (7), (9), and (10) of section

23  409.907, Florida Statutes, are amended to read:

24         409.907 Medicaid provider agreements.--The agency may

25  make payments for medical assistance and related services

26  rendered to Medicaid recipients only to an individual or

27  entity who has a provider agreement in effect with the agency,

28  who is performing services or supplying goods in accordance

29  with federal, state, and local law, and who agrees that no

30  person shall, on the grounds of handicap, race, color, or

31  national origin, or for any other reason, be subjected to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  discrimination under any program or activity for which the

  2  provider receives payment from the agency.

  3         (7)  The agency may require, as a condition of

  4  participating in the Medicaid program and before entering into

  5  the provider agreement, that the provider  submit information

  6  concerning the professional, business, and personal background

  7  of the provider and permit an onsite inspection of the

  8  provider's service location by agency staff or other personnel

  9  designated by the agency to perform assist in this function.

10  Before entering into the provider agreement, or as a condition

11  of continuing in the Medicaid program, the agency and may also

12  require that Medicaid providers reimbursed on a

13  fee-for-services basis or fee schedule basis which is not

14  cost-based, post a surety bond from the provider not to exceed

15  $50,000 or the total amount billed by the provider to the

16  program during the currant or most recent calendar year,

17  whichever is greater. For new providers, the amount of the

18  surety bond shall be determined by the agency based on the

19  provider's estimate of its first year's billing. If the

20  provider's billing during the first year exceeds the bond

21  amount, the agency may require the provider to acquire an

22  additional bond equal to the actual billing level of the

23  provider. A provider's bond shall not exceed $50,000 if a

24  physician or group of physicians licensed under chapter 458,

25  chapter 459, or chapter 460 has a 50 percent or greater

26  ownership interest in the provider or if the provider is an

27  assisted living facility licensed under part III of chapter

28  400. The bonds permitted by this section are in addition to

29  the bonds referenced in s. 400.179(4)(d). If the provider is a

30  corporation, partnership, association, or other entity, the

31  agency may require the provider to submit information

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  concerning the background of that entity and of any principal

  2  of the entity, including any partner or shareholder having an

  3  ownership interest in the entity equal to 5 percent or

  4  greater, and any treating provider who participates in or

  5  intends to participate in Medicaid through the entity. The

  6  information must include:

  7         (a)  Proof of holding a valid license or operating

  8  certificate, as applicable, if required by the state or local

  9  jurisdiction in which the provider is located or if required

10  by the Federal Government.

11         (b)  Information concerning any prior violation, fine,

12  suspension, termination, or other administrative action taken

13  under the Medicaid laws, rules, or regulations of this state

14  or of any other state or the Federal Government; any prior

15  violation of the laws, rules, or regulations relating to the

16  Medicare program; any prior violation of the rules or

17  regulations of any other public or private insurer; and any

18  prior violation of the laws, rules, or regulations of any

19  regulatory body of this or any other state.

20         (c)  Full and accurate disclosure of any financial or

21  ownership interest that the provider, or any principal,

22  partner, or major shareholder thereof, may hold in any other

23  Medicaid provider or health care related entity or any other

24  entity that is licensed by the state to provide health or

25  residential care and treatment to persons.

26         (d)  If a group provider, identification of all members

27  of the group and attestation that all members of the group are

28  enrolled in or have applied to enroll in the Medicaid program.

29         (9)  Upon receipt of a completed, signed, and dated

30  application, and completion of any necessary background

31  investigation and criminal history record check, the agency

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  must either:

  2         (a)  Enroll the applicant as a Medicaid provider; or

  3         (b)  Deny the application if the agency finds that,

  4  based on the grounds listed in subsection (10), it is in the

  5  best interest of the Medicaid program to do so, specifying the

  6  reasons for denial. The agency may consider the factors listed

  7  in subsection (10), as well as any other factor that could

  8  affect the effective and efficient administration of the

  9  program, including, but not limited to, the current

10  availability of medical care, services, or supplies to

11  recipients, taking into account geographic location and

12  reasonable travel time.

13         (10)  The agency may consider whether deny enrollment

14  in the Medicaid program to a provider if the provider, or any

15  officer, director, agent, managing employee, or affiliated

16  person, or any partner or shareholder having an ownership

17  interest equal to 5 percent or greater in the provider if the

18  provider is a corporation, partnership, or other business

19  entity, has:

20         (a)  Made a false representation or omission of any

21  material fact in making the application, including the

22  submission of an application that conceals the controlling or

23  ownership interest of any officer, director, agent, managing

24  employee, affiliated person, or partner or shareholder who may

25  not be eligible to participate;

26         (b)  Been or is currently excluded, suspended,

27  terminated from, or has involuntarily withdrawn from

28  participation in, Florida's Medicaid program or any other

29  state's Medicaid program, or from participation in any other

30  governmental or private health care or health insurance

31  program;

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         (c)  Been convicted of a criminal offense relating to

  2  the delivery of any goods or services under Medicaid or

  3  Medicare or any other public or private health care or health

  4  insurance program including the performance of management or

  5  administrative services relating to the delivery of goods or

  6  services under any such program;

  7         (d)  Been convicted under federal or state law of a

  8  criminal offense related to the neglect or abuse of a patient

  9  in connection with the delivery of any health care goods or

10  services;

11         (e)  Been convicted under federal or state law of a

12  criminal offense relating to the unlawful manufacture,

13  distribution, prescription, or dispensing of a controlled

14  substance;

15         (f)  Been convicted of any criminal offense relating to

16  fraud, theft, embezzlement, breach of fiduciary

17  responsibility, or other financial misconduct;

18         (g)  Been convicted under federal or state law of a

19  crime punishable by imprisonment of a year or more which

20  involves moral turpitude;

21         (h)  Been convicted in connection with the interference

22  or obstruction of any investigation into any criminal offense

23  listed in this subsection;

24         (i)  Been found to have violated federal or state laws,

25  rules, or regulations governing Florida's Medicaid program or

26  any other state's Medicaid program, the Medicare program, or

27  any other publicly funded federal or state health care or

28  health insurance program, and been sanctioned accordingly;

29         (j)  Been previously found by a licensing, certifying,

30  or professional standards board or agency to have violated the

31  standards or conditions relating to licensure or certification

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  or the quality of services provided; or

  2         (k)  Failed to pay any fine or overpayment properly

  3  assessed under the Medicaid program in which no appeal is

  4  pending or after resolution of the proceeding by stipulation

  5  or agreement, unless the agency has issued a specific letter

  6  of forgiveness or has approved a repayment schedule to which

  7  the provider agrees to adhere.

  8         Section 54.  Paragraph (a) of subsection (1) of section

  9  409.908, Florida Statutes, is amended to read:

10         409.908  Reimbursement of Medicaid providers.--Subject

11  to specific appropriations, the agency shall reimburse

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

13  according to methodologies set forth in the rules of the

14  agency and in policy manuals and handbooks incorporated by

15  reference therein.  These methodologies may include fee

16  schedules, reimbursement methods based on cost reporting,

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

18  and other mechanisms the agency considers efficient and

19  effective for purchasing services or goods on behalf of

20  recipients.  Payment for Medicaid compensable services made on

21  behalf of Medicaid eligible persons is subject to the

22  availability of moneys and any limitations or directions

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

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

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

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

27  making any other adjustments necessary to comply with the

28  availability of moneys and any limitations or directions

29  provided for in the General Appropriations Act, provided the

30  adjustment is consistent with legislative intent.

31         (1)  Reimbursement to hospitals licensed under part I

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  of chapter 395 must be made prospectively or on the basis of

  2  negotiation.

  3         (a)  Reimbursement for inpatient care is limited as

  4  provided for in s. 409.905(5). Reimbursement for hospital

  5  outpatient care is limited to $1,500 $1,000 per state fiscal

  6  year per recipient, except for:

  7         1.  Such care provided to a Medicaid recipient under

  8  age 21, in which case the only limitation is medical

  9  necessity;

10         2.  Renal dialysis services; and

11         3.  Other exceptions made by the agency.

12         Section 55.  Section 409.9119, Florida Statutes, is

13  created to read:

14         409.9119  Disproportionate share program for children's

15  hospitals.--In addition to the payments made under s. 409.911,

16  the Agency for Health Care Administration shall develop and

17  implement a system under which disproportionate share payments

18  are made to those hospitals that are licensed by the state as

19  a children's hospital. This system of payments must conform to

20  federal requirements and must distribute funds in each fiscal

21  year for which an appropriation is made by making quarterly

22  Medicaid payments. Notwithstanding s. 409.915, counties are

23  exempt from contributing toward the cost of this special

24  reimbursement for hospitals that serve a disproportionate

25  share of low-income patients.

26         (1)  The agency shall use the following formula to

27  calculate the total amount earned for hospitals that

28  participate in the children's hospital disproportionate share

29  program:

30                      TAE = DSR x BMPD x MD

31  Where:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         TAE = total amount earned by a children's hospital.

  2         DSR = disproportionate share rate.

  3         BMPD = base Medicaid per diem.

  4         MD = Medicaid days.

  5         (2)  The agency shall calculate the total additional

  6  payment for hospitals that participate in the children's

  7  hospital disproportionate share program as follows:

  8

  9                         TAP = (TAE x TA)

10                         ________________

11                               STAE

12  Where:

13         TAP = total additional payment for a children's

14  hospital.

15         TAE = total amount earned by a children's hospital.

16         STAE = sum of total amount earned by each hospital that

17  participates in the children's hospital disproportionate share

18  program.

19         TA = total appropriation for the children's hospital

20  disproportionate share program.

21

22         (3)  A hospital may not receive any payments under this

23  section until it achieves full compliance with the applicable

24  rules of the agency. A hospital that is not in compliance for

25  two or more consecutive quarters may not receive its share of

26  the funds. Any forfeited funds must be distributed to the

27  remaining participating children's hospitals that are in

28  compliance.

29         Section 56.  Section 409.919, Florida Statutes, is

30  amended to read:

31         409.919  Rules.--The agency shall adopt any rules

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  necessary to comply with or administer ss. 409.901-409.920 and

  2  all rules necessary to comply with federal requirements. In

  3  addition, the Department of Children and Family Services shall

  4  adopt and accept transfer of any rules necessary to carry out

  5  its responsibilities for receiving and processing Medicaid

  6  applications and determining Medicaid eligibility, and for

  7  assuring compliance with and administering ss. 409.901-409.906

  8  and any other provisions related to responsibility for the

  9  determination of Medicaid eligibility.

10         Section 57.  Notwithstanding the provisions of ss.

11  236.0812, 409.9071, and 409.908(21), Florida Statutes,

12  developmental research schools, as authorized under s.

13  228.053, Florida Statutes, shall be authorized to participate

14  in the Medicaid certified school match program subject to the

15  provisions of ss. 236.0812, 409.9071, and 409.908(21), Florida

16  Statutes.

17         Section 58.  (1)  The Agency for Health Care

18  Administration is directed to submit to the Health Care

19  Financing Administration a request for a waiver that will

20  allow the agency to undertake a pilot project that would

21  implement a coordinated system of care for adult ventilator

22  dependent patients. Under this pilot program, the agency shall

23  identify a network of skilled nursing facilities that have

24  respiratory departments geared towards intensive treatment and

25  rehabilitation of adult ventilator patients and will contract

26  with such a network for respiratory services under a

27  capitation arrangement. The pilot project must allow the

28  agency to evaluate a coordinated and focused system of care

29  for adult ventilator dependent patients to determine the

30  overall cost-effectiveness and improved outcomes for

31  participants.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         (2)  The agency shall submit the waiver by September 1,

  2  2000.  The agency shall forward a preliminary report of the

  3  pilot project's findings to the Governor, the Speaker of the

  4  House of Representatives, and the President of the Senate 6

  5  months after project implementation.  The agency shall submit

  6  a final report of the pilot project's findings to the

  7  Governor, the Speaker of the House of Representatives, and the

  8  President of the Senate no later than February 15, 2002.

  9         Section 59.  Subsection (3) of section 400.464 and

10  paragraph (b) of subsection (4) of section 409.912, Florida

11  Statutes, are repealed.

12         Section 60.  Effective October 1, 2000, subsection (3)

13  of section 408.70 and sections 408.701, 408.702, 408.703,

14  408.704, 408.7041, 408.7042, 408.7045, 408.7055, and 408.706,

15  Florida Statutes, are repealed.

16         Section 61.  The sum of $91,000 in nonrecurring general

17  revenue is hereby appropriated from the General Revenue Fund

18  to the Department of Health to cover costs of the Florida

19  Commission on Excellence in Health Care relating to the travel

20  and related expenses of staff, consumer members, and members

21  appointed by the department or agency; the hiring of

22  consultants, if necessary; and the reproduction and

23  dissemination of documents; however, no portion of this

24  appropriation shall be effective that duplicates a similar

25  appropriation for the same purpose contained in other

26  legislation from the 2000 legislative session that becomes

27  law.

28         Section 62.  The sum of $200,000 is appropriated from

29  the Insurance Commissioner's Regulatory Trust Fund to the

30  Office of Legislative Services for the purpose of implementing

31  the legislative intent expressed in s. 624.215(1), Florida

                                  95
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1  Statutes, for a systematic review of current mandated health

  2  coverages. The review must be conducted by certified actuaries

  3  and other appropriate professionals and shall consist of an

  4  assessment of the impact, including, but not limited to, the

  5  costs and benefits, of current mandated health coverages using

  6  the guidelines provided in s. 624.215(2), Florida Statutes.

  7  This assessment shall establish the aggregate cost of mandated

  8  health coverages.

  9         Section 63.  The General Appropriations Act for Fiscal

10  Year 2000-2001 shall be reduced by four full-time-equivalent

11  positions and $260,719 from the Health Care Trust Fund in the

12  Agency for Health Care Administration for purposes of

13  implementing the provisions of this act; however, the

14  reductions shall not be effective if duplicative of similar

15  reductions for the same purpose contained in other legislation

16  from the 2000 legislative session that becomes law.

17         Section 64.  Except as otherwise provided herein, this

18  act shall take effect July 1, 2000.

19

20

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

22  And the title is amended as follows:

23         Delete everything before the enacting clause

24

25  and insert:

26                      A bill to be entitled

27         An act relating to comprehensive health care;

28         providing a short title; amending s. 400.471,

29         F.S.; deleting the certificate-of-need

30         requirement for licensure of Medicare-certified

31         home health agencies; amending s. 408.032,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         F.S.; adding definitions of "exemption" and

  2         "mental health services"; deleting the

  3         definitions of "home health agency,"

  4         "institutional health service," "intermediate

  5         care facility," "multifacility project," and

  6         "respite care"; revising the definition of

  7         "health services"; amending s. 408.033, F.S.;

  8         deleting references to the state health plan;

  9         amending s. 408.034, F.S.; deleting a reference

10         to licensing of home health agencies by the

11         Agency for Health Care Administration; amending

12         s. 408.035, F.S.; deleting obsolete

13         certificate-of-need review criteria and

14         revising other criteria; amending s. 408.036,

15         F.S.; revising provisions relating to projects

16         subject to review; deleting references to

17         Medicare-certified home health agencies;

18         deleting the review of certain acquisitions;

19         specifying the types of bed increases subject

20         to review; deleting cost overruns from review;

21         deleting review of combinations or division of

22         nursing home certificates of need; providing

23         for expedited review of certain conversions of

24         licensed hospital beds; deleting the

25         requirement for an exemption for initiation or

26         expansion of obstetric services, provision of

27         respite care services, establishment of a

28         Medicare-certified home health agency, or

29         provision of a health service exclusively on an

30         outpatient basis; providing exemptions for

31         combinations or divisions of nursing home

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         certificates of need and additions of certain

  2         hospital beds and nursing home beds within

  3         specified limitations; providing exemptions for

  4         the addition of temporary acute care beds in

  5         certain hospitals and for the establishment of

  6         certain types of specialty hospitals through

  7         transfer of beds and services from certain

  8         existing hospitals; requiring a fee for each

  9         request for exemption; amending s. 408.037,

10         F.S.; deleting reference to the state health

11         plan; amending ss. 408.038, 408.039, 408.044,

12         and 408.045, F.S.; replacing "department" with

13         "agency"; clarifying the opportunity to

14         challenge an intended award of a certificate of

15         need; amending s. 408.040, F.S.; deleting an

16         obsolete reference; revising the format of

17         conditions related to Medicaid; creating a

18         certificate-of-need workgroup within the Agency

19         for Health Care Administration; providing for

20         expenses; providing membership, duties, and

21         meetings; requiring reports; providing for

22         termination; amending s. 651.118, F.S.;

23         excluding a specified number of beds from a

24         time limit imposed on extension of

25         authorization for continuing care residential

26         community providers to use sheltered beds for

27         nonresidents; requiring a facility to report

28         such use after the expiration of the extension;

29         amending s. 395.701, F.S.; reducing the annual

30         assessment on hospitals to fund public medical

31         assistance; providing for contingent effect;

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         amending s. 395.7015, F.S.; reducing the annual

  2         assessment on certain health care entities;

  3         amending s. 408.904, F.S.; increasing certain

  4         benefits for hospital outpatient services;

  5         amending s. 409.912, F.S.; providing for a

  6         contract with reimbursement of an entity in

  7         Pasco or Pinellas County that provides in-home

  8         physician services to Medicaid recipients with

  9         degenerative neurological diseases; providing

10         for future repeal; providing appropriations;

11         providing for effect of amendments to ss.

12         395.701 and 395.7015, F.S., contingent on a

13         federal waiver; providing for the transfer of

14         certain unexpended Medicaid funds from the

15         Department of Elderly Affairs to the Agency for

16         Health Care Administration; amending ss.

17         641.31, 641.315, and 641.3155, F.S.;

18         prohibiting a health maintenance organization

19         from restricting a provider's ability to

20         provide inpatient hospital services to a

21         subscriber; requiring payment for medically

22         necessary inpatient hospital services;

23         providing applicability; amending s. 641.51,

24         F.S.; relating to quality assurance program

25         requirements for certain managed care

26         organizations; allowing the rendering of

27         adverse determinations by physicians licensed

28         in any state; requiring the submission of facts

29         and documentation pertaining to rendered

30         adverse determinations; providing timeframe for

31         organizations to submit facts and documentation

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         to providers and subscribers in writing;

  2         requiring an authorized representative to sign

  3         the notification; creating s. 381.7351, F.S.;

  4         creating the "Reducing Racial and Ethnic Health

  5         Disparities: Closing the Gap Act"; creating s.

  6         381.7352, F.S.; providing legislative findings

  7         and intent; creating s. 381.7353, F.S.;

  8         providing for the creation of the Reducing

  9         Racial and Ethnic Health Disparities: Closing

10         the Gap grant program, to be administered by

11         the Department of Health; providing department

12         duties and responsibilities; authorizing

13         appointment of an advisory committee; creating

14         s. 381.7354, F.S.; providing eligibility for

15         grant awards; creating s. 381.7355, F.S.;

16         providing project requirements, an application

17         process, and review criteria; creating s.

18         381.7356, F.S.; providing for Closing the Gap

19         grant awards; providing for local matching

20         funds; providing factors for determination of

21         the amount of grant awards; providing for award

22         of grants to begin by a specified date, subject

23         to specific appropriation; providing for annual

24         renewal of grants; creating the Florida

25         Commission on Excellence in Health Care;

26         providing legislative findings and intent;

27         providing definitions; providing duties and

28         responsibilities; providing for membership,

29         organization, meetings, procedures, and staff;

30         providing for reimbursement of travel and

31         related expenses of certain members; providing

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         certain evidentiary prohibitions; requiring a

  2         report to the Governor, the President of the

  3         Senate, and the Speaker of the House of

  4         Representatives; providing for termination of

  5         the commission; amending s. 408.7056, F.S.;

  6         providing additional definitions for the

  7         Statewide Provider and Subscriber Assistance

  8         Program; amending s. 627.654, F.S.; providing

  9         for insuring small employers under policies

10         issued to small employer health alliances;

11         providing requirements for participation;

12         providing limitations; providing for insuring

13         spouses and dependent children; allowing a

14         single master policy to include alternative

15         health plans; amending s. 627.6571, F.S.;

16         including small employer health alliances

17         within policy nonrenewal or discontinuance,

18         coverage modification, and application

19         provisions; amending s. 627.6699, F.S.;

20         revising restrictions relating to premium rates

21         to authorize small employer carriers to modify

22         rates under certain circumstances and to

23         authorize carriers to issue group health

24         insurance policies to small employer health

25         alliances under certain circumstances;

26         requiring carriers issuing a policy to an

27         alliance to allow appointed agents to sell such

28         a policy; amending ss. 240.2995, 240.2996,

29         240.512, 381.0406, 395.3035, and 627.4301,

30         F.S.; conforming cross references; defining the

31         term "managed care"; creating s. 641.185, F.S.;

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         providing health maintenance organization

  2         subscriber protections; specifying the

  3         principles to serve as standards for the

  4         Department of Insurance and the Agency for

  5         Health Care Administration exercising their

  6         duties and responsibilities; requiring that a

  7         health maintenance organization observe certain

  8         standards in providing health care for

  9         subscribers; providing for subscribers to

10         receive quality care from a broad panel of

11         providers, referrals, preventive care,

12         emergency screening services, and second

13         opinions; providing for assurance of

14         independent accreditation by a national review

15         organization and financial security of the

16         organization; providing for continuity of

17         health care; providing for timely, concise

18         information regarding reimbursement to

19         providers and services; providing for

20         flexibility to transfer to another health

21         maintenance organization within the state;

22         providing for eligibility without

23         discrimination based on health status;

24         providing requirements for health maintenance

25         organizations that issue group health contracts

26         relating to preexisting conditions, contract

27         renewability, cancellation, extension,

28         termination, and conversion; providing for

29         timely, urgent grievances and appeals within

30         the organization; providing for timely and

31         urgent review of grievances and appeals by an

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         independent state external review agency;

  2         providing for notice of rate changes; providing

  3         for information regarding contract provisions,

  4         services, medical conditions, providers, and

  5         service delivery; providing that no civil cause

  6         of action is created; amending s. 641.511,

  7         F.S.; requiring posting of certain consumer

  8         assistance notices; providing requirements;

  9         amending s. 627.6699, F.S.; revising a

10         definition; requiring small employer carriers

11         to begin to offer and issue all small employer

12         benefit plans on a specified date; deleting a

13         requirement that basic and standard small

14         employer health benefit plans be issued;

15         providing additional requirements for

16         determining premium rates for benefit plans;

17         providing for application to plans provided by

18         certain small employer carriers under certain

19         circumstances; amending s. 409.212, F.S.;

20         providing for periodic increase in the optional

21         state supplementation rate; amending s.

22         409.901, F.S.; amending definitions of terms

23         used in ss. 409.910-409.920, F.S.; amending s.

24         409.902, F.S.; providing that the Department of

25         Children and Family Services is responsible for

26         Medicaid eligibility determinations; amending

27         s. 409.903, F.S.; providing responsibility for

28         determinations of eligibility for payments for

29         medical assistance and related services;

30         amending s. 409.905, F.S.; increasing the

31         maximum amount that may be paid under Medicaid

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         for hospital outpatient services; amending s.

  2         409.906, F.S.; allowing the Department of

  3         Children and Family Services to transfer funds

  4         to the Agency for Health Care Administration to

  5         cover state match requirements as specified;

  6         amending s. 409.907, F.S.; specifying bonding

  7         requirements for providers; specifying grounds

  8         on which provider applications may be denied;

  9         amending s. 409.908, F.S.; increasing the

10         maximum amount of reimbursement allowable to

11         Medicaid providers for hospital inpatient care;

12         creating s. 409.9119, F.S.; creating a

13         disproportionate share program for children's

14         hospitals; providing formulas governing

15         payments made to hospitals under the program;

16         providing for withholding payments from a

17         hospital that is not complying with agency

18         rules; amending s. 409.919, F.S.; providing for

19         the adoption and the transfer of certain rules

20         relating to the determination of Medicaid

21         eligibility; authorizing developmental research

22         schools to participate in Medicaid certified

23         school match program; providing for the Agency

24         for Health Care Administration to seek a

25         federal waiver allowing the agency to undertake

26         a pilot project that involves contracting with

27         skilled nursing facilities for the provision of

28         rehabilitation services to adult ventilator

29         dependent patients; providing for evaluation of

30         the pilot program; repealing s. 400.464(3),

31         F.S., relating to home health agency licenses

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS/SB 2154, CS/SB 1900 & SB 282, 1st Eng.

    Amendment No. ___





  1         provided to certificate-of-need exempt

  2         entities; repealing ss. 408.70(3), 408.701,

  3         408.702, 408.703, 408.704, 408.7041, 408.7042,

  4         408.7045, 408.7055, and 408.706, F.S., relating

  5         to community health purchasing alliances;

  6         repealing s. 409.912(4)(b), F.S., relating to

  7         the authorization of the agency to contract

  8         with certain prepaid health care services

  9         providers; providing appropriations; reducing

10         certain allocation of positions and funds;

11         providing effective dates.

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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