House Bill 2329e1

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







                                          HB 2329, First Engrossed



  1                      A bill to be entitled

  2         An act relating to health care; amending s.

  3         394.4615, F.S.; requiring that clinical records

  4         be furnished to the unit upon request; amending

  5         s. 395.3025, F.S.; allowing patient records to

  6         be furnished to the unit; amending s. 400.0077,

  7         F.S.; providing that certain confidentiality

  8         provisions do not limit the subpoena power of

  9         the Attorney General; amending s. 400.494,

10         F.S.; providing that certain confidentiality

11         provisions relating to home health agencies do

12         not apply to information requested by the unit;

13         amending s. 409.9071, F.S.; waiving

14         confidentiality and requiring that certain

15         information regarding Medicaid provider

16         agreements with school districts be provided to

17         the unit; amending s. 409.920, F.S.; clarifying

18         the Attorney General's power to subpoena

19         medical records relating to Medicaid

20         recipients; amending s. 409.9205, F.S.;

21         authorizing investigators employed by the unit

22         to serve process; amending s. 430.608, F.S.;

23         providing that certain confidentiality

24         provisions pertaining to the Department of

25         Elderly Affairs do not limit the subpoena

26         authority of the unit; amending s. 455.667,

27         F.S.; providing that certain confidential

28         records held by the Department of Health must

29         be provided to the unit; amending s. 409.212,

30         F.S.; providing for periodic increase in the

31         optional state supplementation rate; amending


                                  1

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






                                          HB 2329, First Engrossed



  1         s. 409.901, F.S.; amending definitions of terms

  2         used in ss. 409.910-409.920, F.S.; amending s.

  3         409.902, F.S.; providing that the Department of

  4         Children and Family Services is responsible for

  5         Medicaid eligibility determinations; amending

  6         s. 409.903, F.S.; providing responsibility for

  7         determinations of eligibility for payments for

  8         medical assistance and related services;

  9         amending s. 409.905, F.S.; increasing the

10         maximum amount that may be paid under Medicaid

11         for hospital outpatient services; amending s.

12         409.906, F.S.; allowing the Department of

13         Children and Family Services to transfer funds

14         to the Agency for Health Care Administration to

15         cover state match requirements as specified;

16         amending s. 409.907, F.S.; revising

17         requirements relating to the minimum amount of

18         the surety bond which each provider is required

19         to maintain; specifying grounds on which

20         provider applications may be denied; amending

21         s. 409.908, F.S.; increasing the maximum amount

22         of reimbursement allowable to Medicaid

23         providers for hospital inpatient care;

24         prohibiting interim rate adjustments that

25         reflect increases in the cost of general or

26         professional liability insurance; creating s.

27         409.9119, F.S.; creating a disproportionate

28         share program for children's hospitals;

29         providing formulas governing payments made to

30         hospitals under the program; providing for

31         withholding payments from a hospital that is


                                  2

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






                                          HB 2329, First Engrossed



  1         not complying with agency rules; amending s.

  2         409.912, F.S.; providing for the transfer of

  3         certain unexpended Medicaid funds from the

  4         Department of Elderly Affairs to the Agency for

  5         Health Care Administration; amending s.

  6         409.919, F.S.; providing for the adoption and

  7         the transfer of certain rules relating to the

  8         determination of Medicaid eligibility;

  9         authorizing developmental research schools to

10         participate in the Medicaid certified school

11         match program; providing for the Agency for

12         Health Care Administration to seek a federal

13         waiver allowing the agency to undertake a pilot

14         project that involves contracting with skilled

15         nursing facilities for the provision of

16         rehabilitation services to adult ventilator

17         dependent patients; providing for evaluation of

18         the pilot program; providing for a report;

19         amending s. 430.703, F.S.; defining "other

20         qualified provider"; amending s. 430.707, F.S.;

21         authorizing the Department of Elderly Affairs

22         to contract with other qualified providers to

23         provide long-term care within community

24         diversion pilot project areas; repealing s.

25         409.912(4)(b), F.S., relating to the

26         authorization of the agency to contract with

27         certain prepaid health care services providers;

28         providing an effective date.

29

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

31


                                  3

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






                                          HB 2329, First Engrossed



  1         Section 1.  Present subsections (6) through (10) of

  2  section 394.4615, Florida Statutes, are redesignated as

  3  subsections (7) through (11), respectively, and a new

  4  subsection (6) is added to that section to read:

  5         394.4615  Clinical records; confidentiality.--

  6         (6)  Clinical records relating to a Medicaid recipient

  7  shall be furnished to the Medicaid Fraud Control Unit in the

  8  Department of Legal Affairs, upon request.

  9         Section 2.  Paragraph (k) is added to subsection (5) of

10  section 395.3025, Florida Statutes, to read:

11         395.3025  Patient and personnel records; copies;

12  examination.--

13         (4)  Patient records are confidential and must not be

14  disclosed without the consent of the person to whom they

15  pertain, but appropriate disclosure may be made without such

16  consent to:

17         (k)  The Medicaid Fraud Control Unit in the Department

18  of Legal Affairs pursuant to s. 409.920.

19         Section 3.  Subsection (6) is added to section

20  400.0077, Florida Statutes, to read:

21         400.0077  Confidentiality.--

22         (6)  This section does not limit the subpoena power of

23  the Attorney General pursuant to s. 409.920(8)(b).

24         Section 4.  Section 400.494, Florida Statutes, is

25  amended to read:

26         400.494  Information about patients confidential.--

27         (1)  Information about patients received by persons

28  employed by, or providing services to, a home health agency or

29  received by the licensing agency through reports or inspection

30  shall be confidential and exempt from the provisions of s.

31  119.07(1) and shall not be disclosed to any person other than


                                  4

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






                                          HB 2329, First Engrossed



  1  the patient without the written consent of that patient or the

  2  patient's guardian.

  3         (2)  This section does not apply to information

  4  lawfully requested by the Medicaid Fraud Control Unit of the

  5  Department of Legal Affairs.

  6         Section 5.  Subsection (7) is added to section

  7  409.9071, Florida Statutes, to read:

  8         409.9071  Medicaid provider agreements for school

  9  districts certifying state match.--

10         (7)  The agency's and school districts' confidentiality

11  is waived. They shall provide any information or documents

12  relating to this section to the Medicaid Fraud Control Unit in

13  the Department of Legal Affairs, upon request pursuant to its

14  authority under s. 409.920.

15         Section 6.  Paragraph (b) of subsection (8) of section

16  409.920, Florida Statutes, is amended to read:

17         409.920  Medicaid provider fraud.--

18         (8)  In carrying out the duties and responsibilities

19  under this subsection, the Attorney General may:

20         (b)  Subpoena witnesses or materials, including medical

21  records relating to Medicaid recipients, within or outside the

22  state and, through any duly designated employee, administer

23  oaths and affirmations and collect evidence for possible use

24  in either civil or criminal judicial proceedings.

25         Section 7.  Section 409.9205, Florida Statutes, is

26  amended to read:

27         409.9205  Medicaid Fraud Control Unit; law enforcement

28  officers.--All investigators employed by the Medicaid Fraud

29  Control Unit who have been certified under s. 943.1395 are law

30  enforcement officers of the state.  Such investigators have

31  the authority to conduct criminal investigations, bear arms,


                                  5

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






                                          HB 2329, First Engrossed



  1  make arrests, and apply for, serve, and execute search

  2  warrants, arrest warrants, and capias, and other process

  3  throughout the state pertaining to Medicaid fraud as described

  4  in this chapter.  The Attorney General shall provide

  5  reasonable notice of criminal investigations conducted by the

  6  Medicaid Fraud Control Unit to, and coordinate those

  7  investigations with, the sheriffs of the respective counties.

  8  Investigators employed by the Medicaid Fraud Control Unit are

  9  not eligible for membership in the Special Risk Class of the

10  Florida Retirement System under s. 121.0515.

11         Section 8.  Section 430.608, Florida Statutes, is

12  amended to read:

13         430.608  Confidentiality of information.--Identifying

14  information about elderly persons who receive services under

15  ss. 430.601-430.606, which is received through files, reports,

16  inspection, or otherwise by the department or by authorized

17  departmental employees, by persons who volunteer services, or

18  by persons who provide services to elderly persons under ss.

19  430.601-430.606 through contracts with the department, is

20  confidential and exempt from the provisions of s. 119.07(1)

21  and s. 24(a), Art. I of the State Constitution. Such

22  information may not be disclosed publicly in such a manner as

23  to identify an elderly person, unless that person or the

24  person's legal guardian provides written consent.

25         (2)  This section does not, however, limit the subpoena

26  authority of the Medicaid Fraud Control Unit of the Department

27  of Legal Affairs pursuant to s. 409.920(8)(b).

28         Section 9.  Subsection (8) of subsection 455.667,

29  Florida Statutes, is amended to read:

30         455.667  Ownership and control of patient records;

31  report or copies of records to be furnished.--


                                  6

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






                                          HB 2329, First Engrossed



  1         (8)(a)  All patient records obtained by the department

  2  and any other documents maintained by the department which

  3  identify the patient by name are confidential and exempt from

  4  s. 119.07(1) and shall be used solely for the purpose of the

  5  department and the appropriate regulatory board in its

  6  investigation, prosecution, and appeal of disciplinary

  7  proceedings. The records shall not be available to the public

  8  as part of the record of investigation for and prosecution in

  9  disciplinary proceedings made available to the public by the

10  department or the appropriate board.

11         (b)  Notwithstanding paragraph (a), all patient records

12  obtained by the department and any other documents maintained

13  by the department which relate to a current or former Medicaid

14  recipient shall be provided to the Medicaid Fraud Control Unit

15  in the Department of Legal Affairs, upon request.

16         Section 10.  Subsection (6) of section 409.212, Florida

17  Statutes, is renumbered as subsection (7) and a new subsection

18  (6) is added to said section, to read:

19         409.212  Optional supplementation.--

20         (6)  The optional state supplementation rate shall be

21  increased by the cost-of-living adjustment to the federal

22  benefits rate provided the average state optional

23  supplementation contribution does not increase as a result.

24         Section 11.  Subsections (3), (15), and (18) of section

25  409.901, Florida Statutes, are amended to read:

26         409.901  Definitions.--As used in ss. 409.901-409.920,

27  except as otherwise specifically provided, the term:

28         (3)  "Applicant" means an individual whose written

29  application for medical assistance provided by Medicaid under

30  ss. 409.903-409.906 has been submitted to the Department of

31  Children and Family Services agency, or to the Social Security


                                  7

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






                                          HB 2329, First Engrossed



  1  Administration if the application is for Supplemental Security

  2  Income, but has not received final action.  This term includes

  3  an individual, who need not be alive at the time of

  4  application, whose application is submitted through a

  5  representative or a person acting for the individual.

  6         (15)  "Medicaid program" means the program authorized

  7  under Title XIX of the federal Social Security Act which

  8  provides for payments for medical items or services, or both,

  9  on behalf of any person who is determined by the Department of

10  Children and Family Services, or, for Supplemental Security

11  Income, by the Social Security Administration, to be eligible

12  on the date of service for Medicaid assistance.

13         (18)  "Medicaid recipient" or "recipient" means an

14  individual whom the Department of Children and Family

15  Services, or, for Supplemental Security Income, by the Social

16  Security Administration, determines is eligible, pursuant to

17  federal and state law, to receive medical assistance and

18  related services for which the agency may make payments under

19  the Medicaid program. For the purposes of determining

20  third-party liability, the term includes an individual

21  formerly determined to be eligible for Medicaid, an individual

22  who has received medical assistance under the Medicaid

23  program, or an individual on whose behalf Medicaid has become

24  obligated.

25         Section 12.  Section 409.902, Florida Statutes, is

26  amended to read:

27         409.902  Designated single state agency; payment

28  requirements; program title.--The Agency for Health Care

29  Administration is designated as the single state agency

30  authorized to make payments for medical assistance and related

31  services under Title XIX of the Social Security Act.  These


                                  8

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






                                          HB 2329, First Engrossed



  1  payments shall be made, subject to any limitations or

  2  directions provided for in the General Appropriations Act,

  3  only for services included in the program, shall be made only

  4  on behalf of eligible individuals, and shall be made only to

  5  qualified providers in accordance with federal requirements

  6  for Title XIX of the Social Security Act and the provisions of

  7  state law.  This program of medical assistance is designated

  8  the "Medicaid program." The Department of Children and Family

  9  Services is responsible for Medicaid eligibility

10  determinations, including, but not limited to, policy, rules,

11  and the agreement with the Social Security Administration for

12  Medicaid eligibility determinations for Supplemental Security

13  Income recipients, as well as the actual determination of

14  eligibility.

15         Section 13.  Section 409.903, Florida Statutes, is

16  amended to read:

17         409.903  Mandatory payments for eligible persons.--The

18  agency shall make payments for medical assistance and related

19  services on behalf of the following persons who the

20  department, or the Social Security Administration by contract

21  with the Department of Children and Family Services, agency

22  determines to be eligible, subject to the income, assets, and

23  categorical eligibility tests set forth in federal and state

24  law.  Payment on behalf of these Medicaid eligible persons is

25  subject to the availability of moneys and any limitations

26  established by the General Appropriations Act or chapter 216.

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

28  Medicaid provided they meet the following requirements:

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

30  living with a caretaker relative.

31


                                  9

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






                                          HB 2329, First Engrossed



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

  2  income test limit.

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

  4  exceed the applicable Aid to Families with Dependent Children

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

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

  7  state plan to conform as closely as possible to the

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

  9  the extent permitted by federal law.

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

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

12  benefits from the federal program known as the Supplemental

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

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

15  age 65 considered to be permanently and totally disabled.

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

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

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

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

20  WAGES Program.

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

22  Social Security Act for subsidized board payments, foster

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

24  has assumed temporary or permanent responsibility and who does

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

26  shelter or emergency shelter care, or subsidized adoption.

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

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

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

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

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


                                  10

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






                                          HB 2329, First Engrossed



  1  1992, that has an income which is at or below 185 percent of

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

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

  4  applies for eligibility for the Medicaid program through a

  5  qualified Medicaid provider must be offered the opportunity,

  6  subject to federal rules, to be made presumptively eligible

  7  for the Medicaid program.

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

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

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

11  6, but has not attained the age of 19.  In determining the

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

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

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

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

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

17  a child, an assets test is not required.

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

19  the agency to be disabled, whose income is at or below 100

20  percent of the most current federal poverty level and whose

21  assets do not exceed limitations established by the agency.

22  However, the agency may only pay for premiums, coinsurance,

23  and deductibles, as required by federal law, unless additional

24  coverage is provided for any or all members of this group by

25  s. 409.904(1).

26         Section 14.  Subsection (6) of section 409.905, Florida

27  Statutes, is amended to read:

28         409.905  Mandatory Medicaid services.--The agency may

29  make payments for the following services, which are required

30  of the state by Title XIX of the Social Security Act,

31  furnished by Medicaid providers to recipients who are


                                  11

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






                                          HB 2329, First Engrossed



  1  determined to be eligible on the dates on which the services

  2  were provided.  Any service under this section shall be

  3  provided only when medically necessary and in accordance with

  4  state and federal law. Nothing in this section shall be

  5  construed to prevent or limit the agency from adjusting fees,

  6  reimbursement rates, lengths of stay, number of visits, number

  7  of services, or any other adjustments necessary to comply with

  8  the availability of moneys and any limitations or directions

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

10         (6)  HOSPITAL OUTPATIENT SERVICES.--The agency shall

11  pay for preventive, diagnostic, therapeutic, or palliative

12  care and other services provided to a recipient in the

13  outpatient portion of a hospital licensed under part I of

14  chapter 395, and provided under the direction of a licensed

15  physician or licensed dentist, except that payment for such

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

17  year per recipient, unless an exception has been made by the

18  agency, and with the exception of a Medicaid recipient under

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

20  necessity.

21         Section 15.  Subsection (5) of section 409.906, Florida

22  Statutes, is amended to read:

23         409.906  Optional Medicaid services.--Subject to

24  specific appropriations, the agency may make payments for

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

26  the Social Security Act and are furnished by Medicaid

27  providers to recipients who are determined to be eligible on

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

29  service that is provided shall be provided only when medically

30  necessary and in accordance with state and federal law.

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


                                  12

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






                                          HB 2329, First Engrossed



  1  the agency from adjusting fees, reimbursement rates, lengths

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

  3  any other adjustments necessary to comply with the

  4  availability of moneys and any limitations or directions

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

  6  If necessary to safeguard the state's systems of providing

  7  services to elderly and disabled persons and subject to the

  8  notice and review provisions of s. 216.177, the Governor may

  9  direct the Agency for Health Care Administration to amend the

10  Medicaid state plan to delete the optional Medicaid service

11  known as "Intermediate Care Facilities for the Developmentally

12  Disabled."  Optional services may include:

13         (5)  CASE MANAGEMENT SERVICES.--The agency may pay for

14  primary care case management services rendered to a recipient

15  pursuant to a federally approved waiver, and targeted case

16  management services for specific groups of targeted

17  recipients, for which funding has been provided and which are

18  rendered pursuant to federal guidelines. The agency is

19  authorized to limit reimbursement for targeted case management

20  services in order to comply with any limitations or directions

21  provided for in the General Appropriations Act.

22  Notwithstanding s. 216.292, the Department of Children and

23  Family Services may transfer general funds to the Agency for

24  Health Care Administration to fund state match requirements

25  exceeding the amount specified in the General Appropriations

26  Act for targeted case management services.

27         Section 16.  Subsections (7), (9), and (10) of section

28  409.907, Florida Statutes, are amended to read:

29         409.907  Medicaid provider agreements.--The agency may

30  make payments for medical assistance and related services

31  rendered to Medicaid recipients only to an individual or


                                  13

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






                                          HB 2329, First Engrossed



  1  entity who has a provider agreement in effect with the agency,

  2  who is performing services or supplying goods in accordance

  3  with federal, state, and local law, and who agrees that no

  4  person shall, on the grounds of handicap, race, color, or

  5  national origin, or for any other reason, be subjected to

  6  discrimination under any program or activity for which the

  7  provider receives payment from the agency.

  8         (7)  The agency may require, as a condition of

  9  participating in the Medicaid program and before entering into

10  the provider agreement, that the provider submit information

11  concerning the professional, business, and personal background

12  of the provider and permit an onsite inspection of the

13  provider's service location by agency staff or other personnel

14  designated by the agency to perform assist in this function.

15  Before entering into the provider agreement, or as a condition

16  of continuing participation in the Medicaid program, the

17  agency and may also require that Medicaid providers reimbursed

18  on a fee-for-services basis or fee schedule basis which is not

19  cost-based, post a surety bond from the provider not to exceed

20  $50,000 or the total amount billed by the provider to the

21  program during the current or most recent calendar year,

22  whichever is greater. For new providers, the amount of the

23  surety bond shall be determined by the agency based on the

24  provider's estimate of its first year's billing. If the

25  provider's billing during the first year exceeds the bond

26  amount, the agency may require the provider to acquire an

27  additional bond equal to the actual billing level of the

28  provider. A provider's bond shall not exceed $50,000 if a

29  physician or group of physicians licensed under chapter 458,

30  chapter 459, or chapter 460 has a 50 percent or greater

31  ownership interest in the provider or if the provider is an


                                  14

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






                                          HB 2329, First Engrossed



  1  assisted living facility licensed under part III of chapter

  2  400. The bonds permitted by this section are in addition to

  3  the bonds referenced in s. 400.179(4)(d). If the provider is a

  4  corporation, partnership, association, or other entity, the

  5  agency may require the provider to submit information

  6  concerning the background of that entity and of any principal

  7  of the entity, including any partner or shareholder having an

  8  ownership interest in the entity equal to 5 percent or

  9  greater, and any treating provider who participates in or

10  intends to participate in Medicaid through the entity. The

11  information must include:

12         (a)  Proof of holding a valid license or operating

13  certificate, as applicable, if required by the state or local

14  jurisdiction in which the provider is located or if required

15  by the Federal Government.

16         (b)  Information concerning any prior violation, fine,

17  suspension, termination, or other administrative action taken

18  under the Medicaid laws, rules, or regulations of this state

19  or of any other state or the Federal Government; any prior

20  violation of the laws, rules, or regulations relating to the

21  Medicare program; any prior violation of the rules or

22  regulations of any other public or private insurer; and any

23  prior violation of the laws, rules, or regulations of any

24  regulatory body of this or any other state.

25         (c)  Full and accurate disclosure of any financial or

26  ownership interest that the provider, or any principal,

27  partner, or major shareholder thereof, may hold in any other

28  Medicaid provider or health care related entity or any other

29  entity that is licensed by the state to provide health or

30  residential care and treatment to persons.

31


                                  15

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






                                          HB 2329, First Engrossed



  1         (d)  If a group provider, identification of all members

  2  of the group and attestation that all members of the group are

  3  enrolled in or have applied to enroll in the Medicaid program.

  4         (9)  Upon receipt of a completed, signed, and dated

  5  application, and completion of any necessary background

  6  investigation and criminal history record check, the agency

  7  must either:

  8         (a)  Enroll the applicant as a Medicaid provider; or

  9         (b)  Deny the application if the agency finds that,

10  based on the grounds listed in subsection (10), it is in the

11  best interest of the Medicaid program to do so, specifying the

12  reasons for denial. The agency may consider the factors listed

13  in subsection (10), as well as any other factor that could

14  affect the effective and efficient administration of the

15  program, including, but not limited to, the current

16  availability of medical care, services, or supplies to

17  recipients, taking into account geographic location and

18  reasonable travel time.

19         (10)  The agency may consider whether deny enrollment

20  in the Medicaid program to a provider if the provider, or any

21  officer, director, agent, managing employee, or affiliated

22  person, or any partner or shareholder having an ownership

23  interest equal to 5 percent or greater in the provider if the

24  provider is a corporation, partnership, or other business

25  entity, has:

26         (a)  Made a false representation or omission of any

27  material fact in making the application, including the

28  submission of an application that conceals the controlling or

29  ownership interest of any officer, director, agent, managing

30  employee, affiliated person, or partner or shareholder who may

31  not be eligible to participate;


                                  16

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






                                          HB 2329, First Engrossed



  1         (b)  Been or is currently excluded, suspended,

  2  terminated from, or has involuntarily withdrawn from

  3  participation in, Florida's Medicaid program or any other

  4  state's Medicaid program, or from participation in any other

  5  governmental or private health care or health insurance

  6  program;

  7         (c)  Been convicted of a criminal offense relating to

  8  the delivery of any goods or services under Medicaid or

  9  Medicare or any other public or private health care or health

10  insurance program including the performance of management or

11  administrative services relating to the delivery of goods or

12  services under any such program;

13         (d)  Been convicted under federal or state law of a

14  criminal offense related to the neglect or abuse of a patient

15  in connection with the delivery of any health care goods or

16  services;

17         (e)  Been convicted under federal or state law of a

18  criminal offense relating to the unlawful manufacture,

19  distribution, prescription, or dispensing of a controlled

20  substance;

21         (f)  Been convicted of any criminal offense relating to

22  fraud, theft, embezzlement, breach of fiduciary

23  responsibility, or other financial misconduct;

24         (g)  Been convicted under federal or state law of a

25  crime punishable by imprisonment of a year or more which

26  involves moral turpitude;

27         (h)  Been convicted in connection with the interference

28  or obstruction of any investigation into any criminal offense

29  listed in this subsection;

30         (i)  Been found to have violated federal or state laws,

31  rules, or regulations governing Florida's Medicaid program or


                                  17

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






                                          HB 2329, First Engrossed



  1  any other state's Medicaid program, the Medicare program, or

  2  any other publicly funded federal or state health care or

  3  health insurance program, and been sanctioned accordingly;

  4         (j)  Been previously found by a licensing, certifying,

  5  or professional standards board or agency to have violated the

  6  standards or conditions relating to licensure or certification

  7  or the quality of services provided; or

  8         (k)  Failed to pay any fine or overpayment properly

  9  assessed under the Medicaid program in which no appeal is

10  pending or after resolution of the proceeding by stipulation

11  or agreement, unless the agency has issued a specific letter

12  of forgiveness or has approved a repayment schedule to which

13  the provider agrees to adhere.

14         Section 17.  Paragraph (a) of subsection (1) and

15  paragraph (b) of subsection (2) of section 409.908, Florida

16  Statutes, are amended to read:

17         409.908  Reimbursement of Medicaid providers.--Subject

18  to specific appropriations, the agency shall reimburse

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

20  according to methodologies set forth in the rules of the

21  agency and in policy manuals and handbooks incorporated by

22  reference therein.  These methodologies may include fee

23  schedules, reimbursement methods based on cost reporting,

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

25  and other mechanisms the agency considers efficient and

26  effective for purchasing services or goods on behalf of

27  recipients.  Payment for Medicaid compensable services made on

28  behalf of Medicaid eligible persons is subject to the

29  availability of moneys and any limitations or directions

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

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


                                  18

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






                                          HB 2329, First Engrossed



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

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

  3  making any other adjustments necessary to comply with the

  4  availability of moneys and any limitations or directions

  5  provided for in the General Appropriations Act, provided the

  6  adjustment is consistent with legislative intent.

  7         (1)  Reimbursement to hospitals licensed under part I

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

  9  negotiation.

10         (a)  Reimbursement for inpatient care is limited as

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

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

13  year per recipient, except for:

14         1.  Such care provided to a Medicaid recipient under

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

16  necessity;

17         2.  Renal dialysis services; and

18         3.  Other exceptions made by the agency.

19         (2)

20         (b)  Subject to any limitations or directions provided

21  for in the General Appropriations Act, the agency shall

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

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

24  to provide care and services in conformance with the

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

26  quality and safety standards and to ensure that individuals

27  eligible for medical assistance have reasonable geographic

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

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

30  general or professional liability insurance for nursing homes

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


                                  19

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






                                          HB 2329, First Engrossed



  1  percent Medicaid utilization in the the most recent cost

  2  report submitted to the agency, and the increase in general or

  3  professional liability costs to the facility for the most

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

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

  6  per diem exceeding the class ceiling. This provision shall

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

  8  to the extent existing appropriations are available. The

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

10  of Representatives, and the President of the Senate by

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

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

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

14  Medicaid program. Medicaid participating nursing homes shall

15  be required to report to the agency information necessary to

16  compile this report. Effective no earlier than the

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

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

19  payment for long-term care services for nursing home

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

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

22  resident classification system that accounts for the relative

23  resource utilization by different types of residents and which

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

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

26  account the medical, behavioral, and cognitive deficits of

27  residents. In developing the reimbursement methodology, the

28  agency shall evaluate and modify other aspects of the

29  reimbursement plan as necessary to improve the overall

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

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


                                  20

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






                                          HB 2329, First Engrossed



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

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

  3  more adequately cover the cost of services provided in the

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

  5  Department of Elderly Affairs, the Florida Health Care

  6  Association, and the Florida Association of Homes for the

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

  8  Legislature that the reimbursement plan achieve the goal of

  9  providing access to health care for nursing home residents who

10  require large amounts of care while encouraging diversion

11  services as an alternative to nursing home care for residents

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

13  the establishment of any maximum rate of payment, whether

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

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

16  maximum rate of payment on the results of scientifically valid

17  analysis and conclusions derived from objective statistical

18  data pertinent to the particular maximum rate of payment.

19         Section 18.  Section 409.9119, Florida Statutes, is

20  created to read:

21         409.9119  Disproportionate share program for children's

22  hospitals.--In addition to the payments made under s. 409.911,

23  the Agency for Health Care Administration shall develop and

24  implement a system under which disproportionate share payments

25  are made to those hospitals that are licensed by the state as

26  a children's hospital. This system of payments must conform to

27  federal requirements and must distribute funds in each fiscal

28  year for which an appropriation is made by making quarterly

29  Medicaid payments. Notwithstanding s. 409.915, counties are

30  exempt from contributing toward the cost of this special

31


                                  21

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






                                          HB 2329, First Engrossed



  1  reimbursement for hospitals that serve a disproportionate

  2  share of low-income patients.

  3         (1)  The agency shall use the following formula to

  4  calculate the total amount earned for hospitals that

  5  participate in the children's hospital disproportionate share

  6  program:

  7                      TAE = DSR x BMPD x MD

  8  Where:

  9         TAE = total amount earned by a children's hospital.

10         DSR = disproportionate share rate.

11         BMPD = base Medicaid per diem.

12         MD = Medicaid days.

13         (2)  The agency shall calculate the total additional

14  payment for hospitals that participate in the children's

15  hospital disproportionate share program as follows:

16

17                         TAP = (TAE x TA)

18                                         

19                               STAE

20  Where:

21         TAP = total additional payment for a children's

22  hospital.

23         TAE = total amount earned by a children's hospital.

24         STAE = sum of total amount earned by each hospital that

25  participates in the children's hospital disproportionate share

26  program.

27         TA = total appropriation for the children's hospital

28  disproportionate share program.

29

30         (3)  A hospital may not receive any payments under this

31  section until it achieves full compliance with the applicable


                                  22

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






                                          HB 2329, First Engrossed



  1  rules of the agency. A hospital that is not in compliance for

  2  two or more consecutive quarters may not receive its share of

  3  the funds. Any forfeited funds must be distributed to the

  4  remaining participating children's hospitals that are in

  5  compliance.

  6         Section 19.  Subsection (9) of section 409.912, Florida

  7  Statutes, is amended to read:

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

  9  agency shall purchase goods and services for Medicaid

10  recipients in the most cost-effective manner consistent with

11  the delivery of quality medical care.  The agency shall

12  maximize the use of prepaid per capita and prepaid aggregate

13  fixed-sum basis services when appropriate and other

14  alternative service delivery and reimbursement methodologies,

15  including competitive bidding pursuant to s. 287.057, designed

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

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

18  minimize the exposure of recipients to the need for acute

19  inpatient, custodial, and other institutional care and the

20  inappropriate or unnecessary use of high-cost services.

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

22  apply for waivers of applicable federal laws and regulations

23  as necessary to implement more appropriate systems of health

24  care for Medicaid recipients and reduce the cost of the

25  Medicaid program to the state and federal governments and

26  shall implement such programs, after legislative approval,

27  within a reasonable period of time after federal approval.

28  These programs must be designed primarily to reduce the need

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

30  institutional care, and other high-cost services.

31


                                  23

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






                                          HB 2329, First Engrossed



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

  2  waiver as authorized by this subsection, the agency shall

  3  provide notice and an opportunity for public comment.  Notice

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

  5  agency for advance notice and shall be published in the

  6  Florida Administrative Weekly not less than 28 days prior to

  7  the intended action.

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

  9  appropriated to the Department of Elderly Affairs for the

10  Assisted Living for the Elderly Medicaid waiver and are not

11  expended shall be transferred to the agency to fund

12  Medicaid-reimbursed nursing home care.

13

14  Notwithstanding the provisions of chapter 287, the agency may,

15  at its discretion, renew a contract or contracts for fiscal

16  intermediary services one or more times for such periods as

17  the agency may decide; however, all such renewals may not

18  combine to exceed a total period longer than the term of the

19  original contract.

20         Section 20.  Section 409.919, Florida Statutes, is

21  amended to read:

22         409.919  Rules.--The agency shall adopt any rules

23  necessary to comply with or administer ss. 409.901-409.920 and

24  all rules necessary to comply with federal requirements. In

25  addition, the Department of Children and Family Services shall

26  adopt and accept transfer of any rules necessary to carry out

27  its responsibilities for receiving and processing Medicaid

28  applications and determining Medicaid eligibility, and for

29  assuring compliance with and administering ss. 409.901-409.906

30  and any other provisions related to responsibility for the

31  determination of Medicaid eligibility.


                                  24

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






                                          HB 2329, First Engrossed



  1         Section 21.  Notwithstanding the provisions of ss.

  2  236.0812, 409.9071, and 409.908(21), Florida Statutes,

  3  developmental research schools, as authorized under s.

  4  228.053, Florida Statutes, shall be authorized to participate

  5  in the Medicaid certified school match program subject to the

  6  provisions of ss. 236.0812, 409.9071, and 409.908(21), Florida

  7  Statutes.

  8         Section 22.  (1)  The Agency for Health Care

  9  Administration is directed to submit to the Health Care

10  Financing Administration a request for a waiver that will

11  allow the agency to undertake a pilot project that would

12  implement a coordinated system of care for adult ventilator

13  dependent patients. Under this pilot program, the agency shall

14  identify a network of skilled nursing facilities that have

15  respiratory departments geared towards intensive treatment and

16  rehabilitation of adult ventilator patients and will contract

17  with such a network for respiratory services under a

18  capitation arrangement. The pilot project must allow the

19  agency to evaluate a coordinated and focused system of care

20  for adult ventilator dependent patients to determine the

21  overall cost-effectiveness and improved outcomes for

22  participants.

23         (2)  The agency shall submit the waiver by September 1,

24  2000.  The agency shall forward a preliminary report of the

25  pilot project's findings to the Governor, the Speaker of the

26  House of Representatives, and the President of the Senate 6

27  months after project implementation.  The agency shall submit

28  a final report of the pilot project's findings to the

29  Governor, the Speaker of the House of Representatives, and the

30  President of the Senate no later than February 15, 2002.

31


                                  25

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






                                          HB 2329, First Engrossed



  1         Section 23.  Subsection (7) of section 430.703, Florida

  2  Statutes, is renumbered as subsection (8), and a new

  3  subsection (7) is added to said section to read:

  4         430.703  Definitions.--As used in this act, the term:

  5         (7)  "Other qualified provider" means an entity

  6  licensed under chapter 400 that meets all the financial and

  7  quality assurance requirements for a provider service network

  8  as specified in s. 409.912, and can demonstrate a long-term

  9  care continuum.

10         Section 24.  Subsection (1) of section 430.707, Florida

11  Statutes, is amended to read:

12         430.707  Contracts.--

13         (1)  The department, in consultation with the agency,

14  shall select and contract with managed care organizations and

15  with other qualified providers to provide long-term care

16  within community diversion pilot project areas.

17         Section 25.  Paragraph (b) of subsection (4) of section

18  409.912, Florida Statutes, is repealed.

19         Section 26.  This act shall take effect July 1, 2000.

20

21

22

23

24

25

26

27

28

29

30

31


                                  26