SENATE AMENDMENT
    Bill No. CS for CS for SB 792, 1st Eng.
    Amendment No. ___   Barcode 735674
                            CHAMBER ACTION
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11  Senator Silver moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 13, line 16, through
15            page 15, line 19, delete those lines
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17  and insert:  
18         (2)
19         (b)  Subject to any limitations or directions provided
20  for in the General Appropriations Act, the agency shall
21  establish and implement a Florida Title XIX Long-Term Care
22  Reimbursement Plan (Medicaid) for nursing home care in order
23  to provide care and services in conformance with the
24  applicable state and federal laws, rules, regulations, and
25  quality and safety standards and to ensure that individuals
26  eligible for medical assistance have reasonable geographic
27  access to such care.
28         1.  Changes of ownership or of licensed operator do not
29  qualify for increases in reimbursement rates associated with
30  the change of ownership or of licensed operator. The agency
31  shall amend the Title XIX Long Term Care Reimbursement Plan to
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    9:43 AM   05/04/01                              s0792c2c-38m0a

SENATE AMENDMENT Bill No. CS for CS for SB 792, 1st Eng. Amendment No. ___ Barcode 735674 1 provide that the initial nursing home reimbursement rates, for 2 the operating, patient care, and MAR components, associated 3 with related and unrelated party changes of ownership or 4 licensed operator filed on or after September 1, 2001, are 5 equivalent to the previous owner's reimbursement rate. 6 2. The agency shall amend the long-term care 7 reimbursement plan and cost reporting system to create direct 8 care and indirect care subcomponents of the patient care 9 component of the per diem rate. These two subcomponents 10 together shall equal the patient care component of the per 11 diem rate. Separate cost-based ceilings shall be calculated 12 for each patient care subcomponent. The direct care 13 subcomponent of the per diem rate shall be limited by the 14 cost-based class ceiling and the indirect care subcomponent 15 shall be limited by the lower of the cost-based class ceiling, 16 by the target rate class ceiling or by the individual provider 17 target. The agency shall adjust the patient care component 18 effective January 1, 2002. The cost to adjust the direct care 19 subcomponent shall be net of the total funds previously 20 allocated for the case mix add-on. The agency shall make the 21 required changes to the nursing home cost reporting forms to 22 implement this requirement effective January 1, 2002. 23 3. The direct care subcomponent shall include salaries 24 and benefits of direct care staff providing nursing services 25 including registered nurses, licensed practical nurses, and 26 certified nursing assistants who deliver care directly to 27 residents in the nursing home facility. This excludes nursing 28 administration, MDS, and care plan coordinators, staff 29 development, and staffing coordinator. 30 4. All other patient care costs shall be included in 31 the indirect care cost subcomponent of the patient care per 2 9:43 AM 05/04/01 s0792c2c-38m0a
SENATE AMENDMENT Bill No. CS for CS for SB 792, 1st Eng. Amendment No. ___ Barcode 735674 1 diem rate. There shall be no costs directly or indirectly 2 allocated to the direct care subcomponent from a home office 3 or management company. 4 5. On July 1 of each year, the agency shall report to 5 the Legislature direct and indirect care costs, including 6 average direct and indirect care costs per resident per 7 facility and direct care and indirect care salaries and 8 benefits per category of staff member per facility. 9 6. Under the plan, interim rate adjustments shall not 10 be granted to reflect increases in the cost of general or 11 professional liability insurance for nursing homes unless the 12 following criteria are met: have at least a 65 percent 13 Medicaid utilization in the most recent cost report submitted 14 to the agency, and the increase in general or professional 15 liability costs to the facility for the most recent policy 16 period affects the total Medicaid per diem by at least 5 17 percent. This rate adjustment shall not result in the per diem 18 exceeding the class ceiling. This provision shall apply only 19 to fiscal year 2000-2001 and shall be implemented to the 20 extent existing appropriations are available. The agency shall 21 report to the Governor, the Speaker of the House of 22 Representatives, and the President of the Senate by December 23 31, 2000, on the cost of liability insurance for Florida 24 nursing homes for fiscal years 1999 and 2000 and the extent to 25 which these costs are not being compensated by the Medicaid 26 program. Medicaid-participating nursing homes shall be 27 required to report to the agency information necessary to 28 compile this report. Effective no earlier than the 29 rate-setting period beginning April 1, 1999, the agency shall 30 establish a case-mix reimbursement methodology for the rate of 31 payment for long-term care services for nursing home 3 9:43 AM 05/04/01 s0792c2c-38m0a
SENATE AMENDMENT Bill No. CS for CS for SB 792, 1st Eng. Amendment No. ___ Barcode 735674 1 residents. The agency shall compute a per diem rate for 2 Medicaid residents, adjusted for case mix, which is based on a 3 resident classification system that accounts for the relative 4 resource utilization by different types of residents and which 5 is based on level-of-care data and other appropriate data. The 6 case-mix methodology developed by the agency shall take into 7 account the medical, behavioral, and cognitive deficits of 8 residents. In developing the reimbursement methodology, the 9 agency shall evaluate and modify other aspects of the 10 reimbursement plan as necessary to improve the overall 11 effectiveness of the plan with respect to the costs of patient 12 care, operating costs, and property costs. In the event 13 adequate data are not available, the agency is authorized to 14 adjust the patient's care component or the per diem rate to 15 more adequately cover the cost of services provided in the 16 patient's care component. The agency shall work with the 17 Department of Elderly Affairs, the Florida Health Care 18 Association, and the Florida Association of Homes for the 19 Aging in developing the methodology. 20 21 It is the intent of the Legislature that the reimbursement 22 plan achieve the goal of providing access to health care for 23 nursing home residents who require large amounts of care while 24 encouraging diversion services as an alternative to nursing 25 home care for residents who can be served within the 26 community. The agency shall base the establishment of any 27 maximum rate of payment, whether overall or component, on the 28 available moneys as provided for in the General Appropriations 29 Act. The agency may base the maximum rate of payment on the 30 results of scientifically valid analysis and conclusions 31 derived from objective statistical data pertinent to the 4 9:43 AM 05/04/01 s0792c2c-38m0a
SENATE AMENDMENT Bill No. CS for CS for SB 792, 1st Eng. Amendment No. ___ Barcode 735674 1 particular maximum rate of payment. 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 On page 1, lines 27 and 28, delete those lines 7 8 and insert: 9 409.908, F.S.; prohibiting nursing home 10 reimbursement rate increases associated with 11 changes in ownership; modifying requirements 12 for nursing home cost reporting; requiring a 13 report; revising standards, guidelines, and 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 9:43 AM 05/04/01 s0792c2c-38m0a