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





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2242, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Saunders moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 15, line 4, through

15            page 16, line 24, delete those lines

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17  and insert:

18         Section 8.  Paragraph (a) of subsection (1), paragraph

19  (b) of subsection (2), and paragraph (c) of subsection (13) of

20  section 409.908, Florida Statutes, are amended to read:

21         409.908  Reimbursement of Medicaid providers.--Subject

22  to specific appropriations, the agency shall reimburse

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

24  according to methodologies set forth in the rules of the

25  agency and in policy manuals and handbooks incorporated by

26  reference therein.  These methodologies may include fee

27  schedules, reimbursement methods based on cost reporting,

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

29  and other mechanisms the agency considers efficient and

30  effective for purchasing services or goods on behalf of

31  recipients.  Payment for Medicaid compensable services made on

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2242, 1st Eng.

    Amendment No.    





 1  behalf of Medicaid eligible persons is subject to the

 2  availability of moneys and any limitations or directions

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

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

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

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

 7  making any other adjustments necessary to comply with the

 8  availability of moneys and any limitations or directions

 9  provided for in the General Appropriations Act, provided the

10  adjustment is consistent with legislative intent.

11         (1)  Reimbursement to hospitals licensed under part I

12  of chapter 395 must be made prospectively or on the basis of

13  negotiation.

14         (a)  Reimbursement for inpatient care is limited as

15  provided for in s. 409.905(5). Reimbursement for hospital

16  outpatient care is limited to $1,500 $1,000 per state fiscal

17  year per recipient, except for:

18         1.  Such care provided to a Medicaid recipient under

19  age 21, in which case the only limitation is medical

20  necessity;

21         2.  Renal dialysis services; and

22         3.  Other exceptions made by the agency.

23         (2)

24         (b)  Subject to any limitations or directions provided

25  for in the General Appropriations Act, the agency shall

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

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

28  to provide care and services in conformance with the

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

30  quality and safety standards and to ensure that individuals

31  eligible for medical assistance have reasonable geographic

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2242, 1st Eng.

    Amendment No.    





 1  access to such care. Under the plan, interim rate adjustments

 2  shall not be granted to reflect increases in the cost of

 3  general or professional liability insurance for nursing homes

 4  unless the following criteria are met: have at least a 65

 5  percent Medicaid utilization in the most recent cost report

 6  submitted to the agency, and the increase in general or

 7  professional liability costs to the facility for the most

 8  recent policy period affects the total Medicaid per diem by at

 9  least 5 percent. This rate adjustment shall not result in the

10  per diem exceeding the class ceiling. This provision shall

11  apply only to fiscal year 2000-2001 and shall be implemented

12  to the extent that existing appropriations are available. The

13  agency shall report to the Governor, the Speaker of the House

14  of Representatives, and the President of the Senate by

15  December 31, 2000, on the cost of liability insurance for

16  Florida nursing homes for fiscal years 1999 and 2000 and the

17  extent to which these costs are not being compensated by the

18  Medicaid program. Medicaid participating nursing homes shall

19  be required to report to the agency information necessary to

20  compile this report. Effective no earlier than the

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

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

23  payment for long-term care services for nursing home

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

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

26  resident classification system that accounts for the relative

27  resource utilization by different types of residents and which

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

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

30  account the medical, behavioral, and cognitive deficits of

31  residents. In developing the reimbursement methodology, the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2242, 1st Eng.

    Amendment No.    





 1  agency shall evaluate and modify other aspects of the

 2  reimbursement plan as necessary to improve the overall

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

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

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

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

 7  more adequately cover the cost of services provided in the

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

 9  Department of Elderly Affairs, the Florida Health Care

10  Association, and the Florida Association of Homes for the

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

12  Legislature that the reimbursement plan achieve the goal of

13  providing access to health care for nursing home residents who

14  require large amounts of care while encouraging diversion

15  services as an alternative to nursing home care for residents

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

17  the establishment of any maximum rate of payment, whether

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

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

20  maximum rate of payment on the results of scientifically valid

21  analysis and conclusions derived from objective statistical

22  data pertinent to the particular maximum rate of payment.

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

26  And the title is amended as follows:

27         On page 1, line 28, following the semicolon

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29  insert:

30         prohibiting interim rate adjustments that

31         reflect increases in the cost of general or

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2242, 1st Eng.

    Amendment No.    





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