Senate Bill sb0792e1

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    CS for CS for SB 792                           First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Agency for Health Care

  3         Administration; amending s. 409.904, F.S.;

  4         providing for the agency to pay for health

  5         insurance premiums for certain

  6         Medicaid-eligible persons; providing for the

  7         agency to pay for specified cancer treatment;

  8         providing Medicaid eligibility for certain

  9         disabled persons under a Medicaid buy-in

10         program, subject to specific federal

11         authorization; directing the Agency for Health

12         Care Administration to seek a federal grant,

13         demonstration project, or waiver for

14         establishment of such buy-in program, subject

15         to a specific appropriation; amending s.

16         409.905, F.S.; prescribing conditions upon

17         which an adjustment in a hospital's inpatient

18         per diem rate may be based; prescribing

19         additional limitations that may be placed on

20         hospital inpatient services under Medicaid;

21         amending s. 409.906, F.S.; providing for

22         reimbursement and use-management reforms with

23         respect to community mental health services;

24         revising standards for payable intermediate

25         care services; authorizing the agency to pay

26         for assistive-care services; amending s.

27         409.908, F.S.; providing for a temporary rate

28         reduction; revising standards, guidelines, and

29         limitations relating to reimbursement of

30         Medicaid providers; amending s. 409.911, F.S.;

31         updating data requirements and share rates for


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    CS for CS for SB 792                           First Engrossed



  1         disproportionate share distributions; amending

  2         s. 409.9116, F.S.; modifying the formula for

  3         disproportionate share/financial assistance

  4         distribution to rural hospitals; amending s.

  5         409.91195, F.S.; requiring the Medicaid

  6         Pharmaceutical and Therapeutics Committee to

  7         recommend a preferred drug formulary; revising

  8         the membership of the Medicaid Pharmaceutical

  9         and Therapeutics Committee; providing for

10         committee responsibilities; requiring the

11         agency to publish the preferred drug formulary;

12         providing for a hearing process; amending s.

13         409.912, F.S.; authorizing the agency to

14         establish requirements for prior authorization

15         for certain populations, drug classes, or

16         particular drugs; specifying conditions under

17         which the agency may enter certain contracts

18         with exclusive provider organizations; revising

19         components of the agency's spending-control

20         program; prescribing additional services that

21         the agency may provide through competitive

22         bidding; authorizing the agency to establish,

23         and make exceptions to, a restricted-drug

24         formulary; directing the agency to establish a

25         demonstration project in Miami-Dade County to

26         provide minority health care; amending s.

27         409.9122, F.S.; providing for disproportionate

28         assignment of certain Medicaid-eligible

29         children to children's clinic networks;

30         providing for assignment of certain Medicaid

31         recipients to managed-care plans; amending s.


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    CS for CS for SB 792                           First Engrossed



  1         409.915, F.S.; exempting counties from

  2         contributing toward the increased cost of

  3         hospital inpatient services due to elimination

  4         of Medicaid ceilings on certain types of

  5         hospitals and for special Medicaid

  6         reimbursement to hospitals; revising the level

  7         of county participation; providing for

  8         distribution of funds under the

  9         disproportionate share program for specified

10         hospitals for the 2001 federal fiscal year;

11         providing for the distribution of County Health

12         Department Trust Funds; requiring the

13         certificate-of-need workgroup to review and

14         make recommendations regarding specified

15         regulations; providing for a temporary rate

16         reduction; providing for an exemption from

17         review for transfer of certain beds and

18         services to a satellite facility; providing for

19         future repeal; providing an appropriation;

20         amending ss. 240.4075, 240.4076, F.S.;

21         including nursing homes, family practice

22         teaching hospitals and specialty children's

23         hospitals as facilities eligible under the

24         program; exempting such hospitals from the

25         fund-matching requirements of the program;

26         transferring the program from the Board of

27         Regents to the Department of Health; providing

28         effective dates.

29  

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

31  


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    CS for CS for SB 792                           First Engrossed



  1         Section 1.  Subsections (9), (10), and (11) are added

  2  to section 409.904, Florida Statutes, to read:

  3         409.904  Optional payments for eligible persons.--The

  4  agency may make payments for medical assistance and related

  5  services on behalf of the following persons who are determined

  6  to be eligible subject to the income, assets, and categorical

  7  eligibility tests set forth in federal and state law. Payment

  8  on behalf of these Medicaid eligible persons is subject to the

  9  availability of moneys and any limitations established by the

10  General Appropriations Act or chapter 216.

11         (9)  A Medicaid-eligible individual for the

12  individual's health insurance premiums, if the agency

13  determines that such payments are cost-effective.

14         (10)  Eligible women with incomes below 200 percent of

15  the federal poverty level and under age 65, for cancer

16  treatment pursuant to the federal Breast and Cervical Cancer

17  Prevention and Treatment Act of 2000, screened through the

18  National Breast and Cervical Cancer Early Detection program.

19         (11)  Subject to specific federal authorization, a

20  person who, but for earnings in excess of the limit

21  established under s. 1905(q)(2)(B) of the Social Security Act,

22  would be considered for receiving supplemental security

23  income, who is at least 16 but less than 65 years of age, and

24  whose assets, resources, and earned or unearned income, or

25  both, do not exceed 250 percent of the most current federal

26  poverty level. Such persons may be eligible for Medicaid

27  services as part of a Medicaid buy-in established under s.

28  409.914(2) specifically designed to accommodate those persons

29  made eligible for such a buy-in by Title II of Pub. L. No.

30  106-170. Such buy-in shall include income-related premiums and

31  cost sharing.


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    CS for CS for SB 792                           First Engrossed



  1         Section 2.  Subject to a specific appropriation, the

  2  Agency for Health Care Administration is directed to seek a

  3  federal grant, demonstration project, or waiver, as may be

  4  authorized by the United States Department of Health and Human

  5  Services, for purposes of establishing a Medicaid buy-in

  6  program or other programs to assist individuals with

  7  disabilities in gaining employment. The services to be

  8  provided are those required to enable such individuals to gain

  9  or keep employment. The grant, demonstration project, or

10  waiver shall be submitted to the Secretary of Health and Human

11  Services at such time, in such manner, and containing such

12  information as the secretary shall require, as authorized

13  under Title II of Pub. L. No. 106-170, the "Ticket to Work and

14  Work Incentives Act of 1999."

15         Section 3.  Subsection (5) of section 409.905, Florida

16  Statutes, is amended to read:

17         409.905  Mandatory Medicaid services.--The agency may

18  make payments for the following services, which are required

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

20  furnished by Medicaid providers to recipients who are

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

22  were provided.  Any service under this section shall be

23  provided only when medically necessary and in accordance with

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

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

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

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

28  the availability of moneys and any limitations or directions

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

30         (5)  HOSPITAL INPATIENT SERVICES.--The agency shall pay

31  for all covered services provided for the medical care and


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    CS for CS for SB 792                           First Engrossed



  1  treatment of a recipient who is admitted as an inpatient by a

  2  licensed physician or dentist to a hospital licensed under

  3  part I of chapter 395.  However, the agency shall limit the

  4  payment for inpatient hospital services for a Medicaid

  5  recipient 21 years of age or older to 45 days or the number of

  6  days necessary to comply with the General Appropriations Act.

  7         (a)  The agency is authorized to implement

  8  reimbursement and utilization management reforms in order to

  9  comply with any limitations or directions in the General

10  Appropriations Act, which may include, but are not limited to:

11  prior authorization for inpatient psychiatric days; prior

12  authorization for nonemergency hospital inpatient admissions

13  for individuals 21 years of age and older; authorization of

14  emergency and urgent-care admissions within 24 hours after

15  admission; enhanced utilization and concurrent review programs

16  for highly utilized services; reduction or elimination of

17  covered days of service; adjusting reimbursement ceilings for

18  variable costs; adjusting reimbursement ceilings for fixed and

19  property costs; and implementing target rates of increase. The

20  agency may limit prior authorization for hospital inpatient

21  services to selected diagnosis-related groups, based on an

22  analysis of the cost and potential for unnecessary

23  hospitalizations represented by certain diagnoses. Admissions

24  for normal delivery and newborns are exempt from requirements

25  for prior authorization. In implementing the provisions of

26  this section related to prior authorization, the agency shall

27  ensure that the process for authorization is accessible 24

28  hours per day, 7 days per week and authorization is

29  automatically granted when not denied within 4 hours after the

30  request. Authorization procedures must include steps for

31  review of denials. Upon implementing the prior authorization


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    CS for CS for SB 792                           First Engrossed



  1  program for hospital inpatient services, the agency shall

  2  discontinue its hospital retrospective review program.

  3         (b)  A licensed hospital maintained primarily for the

  4  care and treatment of patients having mental disorders or

  5  mental diseases is not eligible to participate in the hospital

  6  inpatient portion of the Medicaid program except as provided

  7  in federal law.  However, the department shall apply for a

  8  waiver, within 9 months after June 5, 1991, designed to

  9  provide hospitalization services for mental health reasons to

10  children and adults in the most cost-effective and lowest cost

11  setting possible.  Such waiver shall include a request for the

12  opportunity to pay for care in hospitals known under federal

13  law as "institutions for mental disease" or "IMD's."  The

14  waiver proposal shall propose no additional aggregate cost to

15  the state or Federal Government, and shall be conducted in

16  Hillsborough County, Highlands County, Hardee County, Manatee

17  County, and Polk County.  The waiver proposal may incorporate

18  competitive bidding for hospital services, comprehensive

19  brokering, prepaid capitated arrangements, or other mechanisms

20  deemed by the department to show promise in reducing the cost

21  of acute care and increasing the effectiveness of preventive

22  care.  When developing the waiver proposal, the department

23  shall take into account price, quality, accessibility,

24  linkages of the hospital to community services and family

25  support programs, plans of the hospital to ensure the earliest

26  discharge possible, and the comprehensiveness of the mental

27  health and other health care services offered by participating

28  providers.

29         (c)  Agency for Health Care Administration shall adjust

30  a hospital's current inpatient per diem rate to reflect the

31  


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    CS for CS for SB 792                           First Engrossed



  1  cost of serving the Medicaid population at that institution

  2  if:

  3         1.  The hospital experiences an increase in Medicaid

  4  caseload by more than 25 percent in any year, primarily

  5  resulting from the closure of a hospital in the same service

  6  area occurring after July 1, 1995; or

  7         2.  The hospital's Medicaid per diem rate is at least

  8  25 percent below the Medicaid per patient cost for that year.

  9  

10  No later than November 1, 2001 2000, the agency must provide

11  estimated costs for any adjustment in a hospital inpatient per

12  diem pursuant to this paragraph to the Executive Office of the

13  Governor, the House of Representatives General Appropriations

14  Committee, and the Senate Appropriations Budget Committee.

15  Before the agency implements a change in a hospital's

16  inpatient per diem rate pursuant to this paragraph, the

17  Legislature must have specifically appropriated sufficient

18  funds in the 2001-2002 General Appropriations Act to support

19  the increase in cost as estimated by the agency. This

20  paragraph is repealed on July 1, 2001.

21         Section 4.  Subsection (8) of section 409.906, Florida

22  Statutes, is amended, and subsection (25) is added to that

23  section, to read:

24         409.906  Optional Medicaid services.--Subject to

25  specific appropriations, the agency may make payments for

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

27  the Social Security Act and are furnished by Medicaid

28  providers to recipients who are determined to be eligible on

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

30  service that is provided shall be provided only when medically

31  necessary and in accordance with state and federal law.


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    CS for CS for SB 792                           First Engrossed



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

  2  the agency from adjusting fees, reimbursement rates, lengths

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

  4  any other adjustments necessary to comply with the

  5  availability of moneys and any limitations or directions

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

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

  8  services to elderly and disabled persons and subject to the

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

10  direct the Agency for Health Care Administration to amend the

11  Medicaid state plan to delete the optional Medicaid service

12  known as "Intermediate Care Facilities for the Developmentally

13  Disabled."  Optional services may include:

14         (8)  COMMUNITY MENTAL HEALTH SERVICES.--

15         (a)  The agency may pay for rehabilitative services

16  provided to a recipient by a mental health or substance abuse

17  provider licensed by the agency and under contract with the

18  agency or the Department of Children and Family Services to

19  provide such services.  Those services which are psychiatric

20  in nature shall be rendered or recommended by a psychiatrist,

21  and those services which are medical in nature shall be

22  rendered or recommended by a physician or psychiatrist. The

23  agency must develop a provider enrollment process for

24  community mental health providers which bases provider

25  enrollment on an assessment of service need. The provider

26  enrollment process shall be designed to control costs, prevent

27  fraud and abuse, consider provider expertise and capacity, and

28  assess provider success in managing utilization of care and

29  measuring treatment outcomes. Providers will be selected

30  through a competitive procurement or selective contracting

31  process. In addition to other community mental health


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    CS for CS for SB 792                           First Engrossed



  1  providers, the agency shall consider for enrollment mental

  2  health programs licensed under chapter 395 and group practices

  3  licensed under chapter 458, chapter 459, chapter 490, or

  4  chapter 491. The agency is also authorized to continue

  5  operation of its behavioral health utilization management

  6  program and may develop new services if these actions are

  7  necessary to ensure savings from the implementation of the

  8  utilization management system. The agency shall coordinate the

  9  implementation of this enrollment process with the Department

10  of Children and Family Services and the Department of Juvenile

11  Justice. The agency is authorized to utilize diagnostic

12  criteria in setting reimbursement rates, to preauthorize

13  certain high-cost or highly utilized services, to limit or

14  eliminate coverage for certain services, or to make any other

15  adjustments necessary to comply with any limitations or

16  directions provided for in the General Appropriations Act.

17         (b)  The agency is authorized to implement

18  reimbursement and use management reforms in order to comply

19  with any limitations or directions in the General

20  Appropriations Act, which may include, but are not limited to:

21  prior authorization of treatment and service plans; prior

22  authorization of services; enhanced use review programs for

23  highly used services; and limits on services for those

24  determined to be abusing their benefit coverages.

25         (25)  ASSISTIVE-CARE SERVICES.--The agency may pay for

26  assistive-care services provided to recipients with functional

27  or cognitive impairments residing in assisted living

28  facilities, adult family-care homes, or residential treatment

29  facilities. These services may include health support,

30  assistance with the activities of daily living and the

31  


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    CS for CS for SB 792                           First Engrossed



  1  instrumental acts of daily living, assistance with medication

  2  administration, and arrangements for health care.

  3         Section 5.  Paragraph (a) of subsection (1), paragraph

  4  (b) of subsection (2), and subsections (4), (9), (11), (13),

  5  (14), and (18) of section 409.908, Florida Statutes, are

  6  amended, and subsection (22) is added to that section, to

  7  read:

  8         409.908  Reimbursement of Medicaid providers.--Subject

  9  to specific appropriations, the agency shall reimburse

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

11  according to methodologies set forth in the rules of the

12  agency and in policy manuals and handbooks incorporated by

13  reference therein.  These methodologies may include fee

14  schedules, reimbursement methods based on cost reporting,

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

16  and other mechanisms the agency considers efficient and

17  effective for purchasing services or goods on behalf of

18  recipients.  Payment for Medicaid compensable services made on

19  behalf of Medicaid eligible persons is subject to the

20  availability of moneys and any limitations or directions

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

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

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

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

25  making any other adjustments necessary to comply with the

26  availability of moneys and any limitations or directions

27  provided for in the General Appropriations Act, provided the

28  adjustment is consistent with legislative intent.

29         (1)  Reimbursement to hospitals licensed under part I

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

31  negotiation.


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    CS for CS for SB 792                           First Engrossed



  1         (a)  Reimbursement for inpatient care is limited as

  2  provided for in s. 409.905(5), except for:

  3         1.  The raising of rate reimbursement caps, excluding

  4  rural hospitals.

  5         2.  Recognition of the costs of graduate medical

  6  education.

  7         3.  Other methodologies recognized in the General

  8  Appropriations Act.

  9         4.  Hospital inpatient rates shall be reduced by 6

10  percent effective July 1, 2001 and restored effective April 1,

11  2002.

12  

13  During the years funds are transferred from the Department of

14  Health Board of Regents, any reimbursement supported by such

15  funds shall be subject to certification by the Department of

16  Health Board of Regents that the hospital has complied with s.

17  381.0403. The agency is authorized to receive funds from state

18  entities, including, but not limited to, the Department of

19  Health Board of Regents, local governments, and other local

20  political subdivisions, for the purpose of making special

21  exception payments, including federal matching funds, through

22  the Medicaid inpatient reimbursement methodologies. Funds

23  received from state entities or local governments for this

24  purpose shall be separately accounted for and shall not be

25  commingled with other state or local funds in any manner. The

26  agency may certify all local governmental funds used as state

27  match under Title XIX of the Social Security Act, to the

28  extent that the identified local health care provider that is

29  otherwise entitled to and is contracted to receive such local

30  funds is the benefactor under the state's Medicaid program as

31  determined under the General Appropriations Act and pursuant


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    CS for CS for SB 792                           First Engrossed



  1  to an agreement between the Agency for Health Care

  2  Administration and the local governmental entity. The local

  3  governmental entity shall use a certification form prescribed

  4  by the agency. At a minimum, the certification form shall

  5  identify the amount being certified and describe the

  6  relationship between the certifying local governmental entity

  7  and the local health care provider. The agency shall prepare

  8  an annual statement of impact which documents the specific

  9  activities undertaken during the previous fiscal year pursuant

10  to this paragraph, to be submitted to the Legislature no later

11  than January 1, annually. Notwithstanding this section and s.

12  409.915, counties are exempt from contributing toward the cost

13  of the special exception reimbursement for hospitals serving a

14  disproportionate share of low-income persons and providing

15  graduate medical education.

16         (2)

17         (b)  Subject to any limitations or directions provided

18  for in the General Appropriations Act, the agency shall

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

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

21  to provide care and services in conformance with the

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

23  quality and safety standards and to ensure that individuals

24  eligible for medical assistance have reasonable geographic

25  access to such care. The agency shall not provide for any

26  increases for patient care or operating components of

27  reimbursement rates to nursing homes associated with changes

28  in ownership or licensed operators filed on or after October

29  1, 2001. Under the plan, interim rate adjustments shall not be

30  granted to reflect increases in the cost of general or

31  professional liability insurance for nursing homes unless the


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    CS for CS for SB 792                           First Engrossed



  1  following criteria are met: have at least a 65 percent

  2  Medicaid utilization in the most recent cost report submitted

  3  to the agency, and the increase in general or professional

  4  liability costs to the facility for the most recent policy

  5  period affects the total Medicaid per diem by at least 5

  6  percent. This rate adjustment shall not result in the per diem

  7  exceeding the class ceiling. This provision shall apply only

  8  to fiscal year 2000-2001 and shall be implemented to the

  9  extent existing appropriations are available. The agency shall

10  report to the Governor, the Speaker of the House of

11  Representatives, and the President of the Senate by December

12  31, 2000, on the cost of liability insurance for Florida

13  nursing homes for fiscal years 1999 and 2000 and the extent to

14  which these costs are not being compensated by the Medicaid

15  program. Medicaid-participating nursing homes shall be

16  required to report to the agency information necessary to

17  compile this report. Effective no earlier than the

18  rate-setting period beginning April 1, 1999, The agency shall

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

20  payment for long-term care services for nursing home

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

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

23  resident classification system that accounts for the relative

24  resource utilization by different types of residents and which

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

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

27  account the medical, behavioral, and cognitive deficits of

28  residents. In developing the reimbursement methodology, the

29  agency shall evaluate and modify other aspects of the

30  reimbursement plan as necessary to improve the overall

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


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    CS for CS for SB 792                           First Engrossed



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

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

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

  4  more adequately cover the cost of services provided in the

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

  6  Department of Elderly Affairs, the Florida Health Care

  7  Association, and the Florida Association of Homes for the

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

  9  Legislature that the reimbursement plan achieve the goal of

10  providing access to health care for nursing home residents who

11  require large amounts of care while encouraging diversion

12  services as an alternative to nursing home care for residents

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

14  the establishment of any maximum rate of payment, whether

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

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

17  maximum rate of payment on the results of scientifically valid

18  analysis and conclusions derived from objective statistical

19  data pertinent to the particular maximum rate of payment.

20         (4)  Subject to any limitations or directions provided

21  for in the General Appropriations Act, alternative health

22  plans, health maintenance organizations, and prepaid health

23  plans shall be reimbursed a fixed, prepaid amount negotiated,

24  or competitively bid pursuant to s. 287.057, by the agency and

25  prospectively paid to the provider monthly for each Medicaid

26  recipient enrolled.  The amount may not exceed the average

27  amount the agency determines it would have paid, based on

28  claims experience, for recipients in the same or similar

29  category of eligibility.  The agency shall calculate

30  capitation rates on a regional basis and, beginning September

31  1, 1995, shall include age-band differentials in such


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    CS for CS for SB 792                           First Engrossed



  1  calculations. Effective July 1, 2001, the cost of exempting

  2  statutory teaching hospitals, specialty hospitals, and

  3  community hospital education program hospitals from

  4  reimbursement ceilings and the cost of special Medicaid

  5  payments shall not be included in premiums paid to health

  6  maintenance organizations or prepaid health care plans. Each

  7  rate semester, the agency shall calculate and publish a

  8  Medicaid hospital rate schedule that does not reflect either

  9  special Medicaid payments or the elimination of rate

10  reimbursement ceilings, to be used by hospitals and Medicaid

11  health maintenance organizations, in order to determine the

12  Medicaid rate referred to in ss. 409.912(16), 409.9128(5), and

13  641.513(6).

14         (9)  A provider of home health care services or of

15  medical supplies and appliances shall be reimbursed on the

16  basis of competitive bidding or for the lesser of the amount

17  billed by the provider or the agency's established maximum

18  allowable amount, except that, in the case of the rental of

19  durable medical equipment, the total rental payments may not

20  exceed the purchase price of the equipment over its expected

21  useful life or the agency's established maximum allowable

22  amount, whichever amount is less.

23         (11)  A provider of independent laboratory services

24  shall be reimbursed on the basis of competitive bidding or for

25  the least of the amount billed by the provider, the provider's

26  usual and customary charge, or the Medicaid maximum allowable

27  fee established by the agency.

28         (13)  Medicare premiums for persons eligible for both

29  Medicare and Medicaid coverage shall be paid at the rates

30  established by Title XVIII of the Social Security Act.  For

31  Medicare services rendered to Medicaid-eligible persons,


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    CS for CS for SB 792                           First Engrossed



  1  Medicaid shall pay Medicare deductibles and coinsurance as

  2  follows:

  3         (a)  Medicaid shall make no payment toward deductibles

  4  and coinsurance for any service that is not covered by

  5  Medicaid.

  6         (b)  Medicaid's financial obligation for deductibles

  7  and coinsurance payments shall be based on Medicare allowable

  8  fees, not on a provider's billed charges.

  9         (c)  Medicaid will pay no portion of Medicare

10  deductibles and coinsurance when payment that Medicare has

11  made for the service equals or exceeds what Medicaid would

12  have paid if it had been the sole payor.  The combined payment

13  of Medicare and Medicaid shall not exceed the amount Medicaid

14  would have paid had it been the sole payor. The Legislature

15  finds that there has been confusion regarding the

16  reimbursement for services rendered to dually eligible

17  Medicare beneficiaries. Accordingly, the Legislature clarifies

18  that it has always been the intent of the Legislature before

19  and after 1991 that, in reimbursing in accordance with fees

20  established by Title XVIII for premiums, deductibles, and

21  coinsurance for Medicare services rendered by physicians to

22  Medicaid eligible persons, physicians be reimbursed at the

23  lesser of the amount billed by the physician or the Medicaid

24  maximum allowable fee established by the Agency for Health

25  Care Administration, as is permitted by federal law. It has

26  never been the intent of the Legislature with regard to such

27  services rendered by physicians that Medicaid be required to

28  provide any payment for deductibles, coinsurance, or

29  copayments for Medicare cost sharing, or any expenses incurred

30  relating thereto, in excess of the payment amount provided for

31  under the State Medicaid plan for such service. This payment


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    CS for CS for SB 792                           First Engrossed



  1  methodology is applicable even in those situations in which

  2  the payment for Medicare cost sharing for a qualified Medicare

  3  beneficiary with respect to an item or service is reduced or

  4  eliminated. This expression of the Legislature is in

  5  clarification of existing law and shall apply to payment for,

  6  and with respect to provider agreements with respect to, items

  7  or services furnished on or after the effective date of this

  8  act. This paragraph applies to payment by Medicaid for items

  9  and services furnished before the effective date of this act

10  if such payment is the subject of a lawsuit that is based on

11  the provisions of this section, and that is pending as of, or

12  is initiated after, the effective date of this act.

13         (d)  Notwithstanding The following provisions are

14  exceptions to paragraphs (a)-(c):

15         1.  Medicaid payments for Nursing Home Medicare part A

16  coinsurance shall be the lesser of the Medicare coinsurance

17  amount or the Medicaid nursing home per diem rate.

18         2.  Medicaid shall pay all deductibles and coinsurance

19  for Nursing Home Medicare part B services.

20         2.3.  Medicaid shall pay all deductibles and

21  coinsurance for Medicare-eligible recipients receiving

22  freestanding end stage renal dialysis center services.

23         4.  Medicaid shall pay all deductibles and coinsurance

24  for hospital outpatient Medicare part B services.

25         3.5.  Medicaid payments for general hospital inpatient

26  services shall be limited to the Medicare deductible per spell

27  of illness.  Medicaid shall make no payment toward coinsurance

28  for Medicare general hospital inpatient services.

29         4.6.  Medicaid shall pay all deductibles and

30  coinsurance for Medicare emergency transportation services

31  provided by ambulances licensed pursuant to chapter 401.


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    CS for CS for SB 792                           First Engrossed



  1         (14)  A provider of prescribed drugs shall be

  2  reimbursed the least of the amount billed by the provider, the

  3  provider's usual and customary charge, or the Medicaid maximum

  4  allowable fee established by the agency, plus a dispensing

  5  fee. The agency is directed to implement a variable dispensing

  6  fee for payments for prescribed medicines while ensuring

  7  continued access for Medicaid recipients.  The variable

  8  dispensing fee may be based upon, but not limited to, either

  9  or both the volume of prescriptions dispensed by a specific

10  pharmacy provider and the volume of prescriptions dispensed to

11  an individual recipient. The agency is authorized to limit

12  reimbursement for prescribed medicine in order to comply with

13  any limitations or directions provided for in the General

14  Appropriations Act, which may include implementing a

15  prospective or concurrent utilization review program.

16         (18)  Unless otherwise provided for in the General

17  Appropriations Act, a provider of transportation services

18  shall be reimbursed the lesser of the amount billed by the

19  provider or the Medicaid maximum allowable fee established by

20  the agency, except when the agency has entered into a direct

21  contract with the provider, or with a community transportation

22  coordinator, for the provision of an all-inclusive service, or

23  when services are provided pursuant to an agreement negotiated

24  between the agency and the provider.  The agency, as provided

25  for in s. 427.0135, shall purchase transportation services

26  through the community coordinated transportation system, if

27  available, unless the agency determines a more cost-effective

28  method for Medicaid clients. Nothing in this subsection shall

29  be construed to limit or preclude the agency from contracting

30  for services using a prepaid capitation rate or from

31  establishing maximum fee schedules, individualized


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    CS for CS for SB 792                           First Engrossed



  1  reimbursement policies by provider type, negotiated fees,

  2  prior authorization, competitive bidding, increased use of

  3  mass transit, or any other mechanism that the agency considers

  4  efficient and effective for the purchase of services on behalf

  5  of Medicaid clients, including implementing a transportation

  6  eligibility process. The agency shall not be required to

  7  contract with any community transportation coordinator or

  8  transportation operator that has been determined by the

  9  agency, the Department of Legal Affairs Medicaid Fraud Control

10  Unit, or any other state or federal agency to have engaged in

11  any abusive or fraudulent billing activities. The agency is

12  authorized to competitively procure transportation services or

13  make other changes necessary to secure approval of federal

14  waivers needed to permit federal financing of Medicaid

15  transportation services at the service matching rate rather

16  than the administrative matching rate.

17         (22)  The agency may request and implement Medicaid

18  waivers from the federal Health Care Financing Administration

19  to advance and treat a portion of the Medicaid nursing home

20  per diem as capital for creating and operating a

21  risk-retention group for self-insurance purposes, consistent

22  with federal and state laws and rules.

23         Section 6.  Paragraph (c) of subsection (1), paragraph

24  (b) of subsection (3), and subsection (7) of section 409.911,

25  Florida Statutes, are amended to read:

26         409.911  Disproportionate share program.--Subject to

27  specific allocations established within the General

28  Appropriations Act and any limitations established pursuant to

29  chapter 216, the agency shall distribute, pursuant to this

30  section, moneys to hospitals providing a disproportionate

31  share of Medicaid or charity care services by making quarterly


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    CS for CS for SB 792                           First Engrossed



  1  Medicaid payments as required. Notwithstanding the provisions

  2  of s. 409.915, counties are exempt from contributing toward

  3  the cost of this special reimbursement for hospitals serving a

  4  disproportionate share of low-income patients.

  5         (1)  Definitions.--As used in this section and s.

  6  409.9112:

  7         (c)  "Base Medicaid per diem" means the hospital's

  8  Medicaid per diem rate initially established by the Agency for

  9  Health Care Administration on January 1, 1999 prior to the

10  beginning of each state fiscal year. The base Medicaid per

11  diem rate shall not include any additional per diem increases

12  received as a result of the disproportionate share

13  distribution.

14         (3)  In computing the disproportionate share rate:

15         (b)  The agency shall use 1994 the most recent calendar

16  year audited financial data available at the beginning of each

17  state fiscal year for the calculation of disproportionate

18  share payments under this section.

19         (7)  For fiscal year 1991-1992 and all years other than

20  1992-1993, The following criteria shall be used in determining

21  the disproportionate share percentage:

22         (a)  If the disproportionate share rate is less than 10

23  percent, the disproportionate share percentage is zero and

24  there is no additional payment.

25         (b)  If the disproportionate share rate is greater than

26  or equal to 10 percent, but less than 20 percent, then the

27  disproportionate share percentage is 1.8478498 2.1544347.

28         (c)  If the disproportionate share rate is greater than

29  or equal to 20 percent, but less than 30 percent, then the

30  disproportionate share percentage is 3.4145488 4.6415888766.

31  


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    CS for CS for SB 792                           First Engrossed



  1         (d)  If the disproportionate share rate is greater than

  2  or equal to 30 percent, but less than 40 percent, then the

  3  disproportionate share percentage is 6.3095734 10.0000001388.

  4         (e)  If the disproportionate share rate is greater than

  5  or equal to 40 percent, but less than 50 percent, then the

  6  disproportionate share percentage is 11.6591440 21.544347299.

  7         (f)  If the disproportionate share rate is greater than

  8  or equal to 50 percent, but less than 60 percent, then the

  9  disproportionate share percentage is 73.5642254 46.41588941.

10         (g)  If the disproportionate share rate is greater than

11  or equal to 60 percent but less than 72.5 percent, then the

12  disproportionate share percentage is 135.9356391 100.

13         (h)  If the disproportionate share rate is greater than

14  or equal to 72.5 percent, then the disproportionate share

15  percentage is 170.

16         Section 7.  Subsection (2) of section 409.9116, Florida

17  Statutes, is amended to read:

18         409.9116  Disproportionate share/financial assistance

19  program for rural hospitals.--In addition to the payments made

20  under s. 409.911, the Agency for Health Care Administration

21  shall administer a federally matched disproportionate share

22  program and a state-funded financial assistance program for

23  statutory rural hospitals. The agency shall make

24  disproportionate share payments to statutory rural hospitals

25  that qualify for such payments and financial assistance

26  payments to statutory rural hospitals that do not qualify for

27  disproportionate share payments. The disproportionate share

28  program payments shall be limited by and conform with federal

29  requirements. Funds shall be distributed quarterly in each

30  fiscal year for which an appropriation is made.

31  Notwithstanding the provisions of s. 409.915, counties are


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    CS for CS for SB 792                           First Engrossed



  1  exempt from contributing toward the cost of this special

  2  reimbursement for hospitals serving a disproportionate share

  3  of low-income patients.

  4         (2)  The agency shall use the following formula for

  5  distribution of funds for the disproportionate share/financial

  6  assistance program for rural hospitals.

  7         (a)  The agency shall first determine a preliminary

  8  payment amount for each rural hospital by allocating all

  9  available state funds using the following formula:

10  

11                  PDAER = (TAERH x TARH)/STAERH

12  

13  Where:

14         PDAER = preliminary distribution amount for each rural

15  hospital.

16         TAERH = total amount earned by each rural hospital.

17         TARH = total amount appropriated or distributed under

18  this section.

19         STAERH = sum of total amount earned by each rural

20  hospital.

21         (b)  Federal matching funds for the disproportionate

22  share program shall then be calculated for those hospitals

23  that qualify for disproportionate share in paragraph (a).

24         (c)  The state-funds-only payment amount shall then be

25  calculated for each hospital using the formula:

26  

27         SFOER = Maximum value of (1) SFOL - PDAER or (2) 0

28  

29  Where:

30         SFOER = state-funds-only payment amount for each rural

31  hospital.


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    CS for CS for SB 792                           First Engrossed



  1         SFOL = state-funds-only payment level, which is set at

  2  4 percent of TARH.

  3  

  4  In calculating the SFOER, PDAER includes federal matching

  5  funds from paragraph (b).

  6         (d)  The adjusted total amount allocated to the rural

  7  disproportionate share program shall then be calculated using

  8  the following formula:

  9  

10                     ATARH = (TARH - SSFOER)

11  

12  Where:

13         ATARH = adjusted total amount appropriated or

14  distributed under this section.

15         SSFOER = sum of the state-funds-only payment amount

16  calculated under paragraph (c) for all rural hospitals.

17         (e)  The distribution of the adjusted total amount of

18  rural disproportionate share hospital funds shall then be

19  calculated using the following formula:

20  

21                 DAERH = [(TAERH x ATARH)/STAERH]

22  

23  Where:

24         DAERH = distribution amount for each rural hospital.

25         (f)  Federal matching funds for the disproportionate

26  share program shall then be calculated for those hospitals

27  that qualify for disproportionate share in paragraph (e).

28         (g)  State-funds-only payment amounts calculated under

29  paragraph (c) and corresponding federal matching funds are

30  then added to the results of paragraph (f) to determine the

31  total distribution amount for each rural hospital.


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    CS for CS for SB 792                           First Engrossed



  1         In determining the payment amount for each rural

  2  hospital under this section, the agency shall first allocate

  3  all available state funds by the following formula:

  4  

  5                   DAER = (TAERH x TARH)/STAERH

  6  

  7  Where:

  8         DAER = distribution amount for each rural hospital.

  9         STAERH = sum of total amount earned by each rural

10  hospital.

11         TAERH = total amount earned by each rural hospital.

12         TARH = total amount appropriated or distributed under

13  this section.

14  

15  Federal matching funds for the disproportionate share program

16  shall then be calculated for those hospitals that qualify for

17  disproportionate share payments under this section.

18         Section 8.  Section 409.91195, Florida Statutes, is

19  amended to read:

20         409.91195  Medicaid Pharmaceutical and Therapeutics

21  Committee.--There is created a Medicaid Pharmaceutical and

22  Therapeutics Committee within the Agency for Health Care

23  Administration for the purpose of developing a preferred drug

24  formulary pursuant to 42 U.S.C. s. 1396r-8. The committee

25  shall develop and implement a voluntary Medicaid preferred

26  prescribed drug designation program. The program shall provide

27  information to Medicaid providers on medically appropriate and

28  cost-efficient prescription drug therapies through the

29  development and publication of a voluntary Medicaid preferred

30  prescribed-drug list.

31  


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    CS for CS for SB 792                           First Engrossed



  1         (1)  The Medicaid Pharmaceutical and Therapeutics

  2  Committee shall be comprised as specified in 42 U.S.C. s.

  3  1396r-8 and consist of eleven members appointed by the

  4  Governor. Four members shall be physicians, licensed under

  5  chapter 458; one member licensed under chapter 459; five

  6  members shall be pharmacists licensed under chapter 465; and

  7  one member shall be a consumer representative. of nine members

  8  appointed as follows:  one practicing physician licensed under

  9  chapter 458, appointed by the Speaker of the House of

10  Representatives from a list of recommendations from the

11  Florida Medical Association; one practicing physician licensed

12  under chapter 459, appointed by the Speaker of the House of

13  Representatives from a list of recommendations from the

14  Florida Osteopathic Medical Association; one practicing

15  physician licensed under chapter 458, appointed by the

16  President of the Senate from a list of recommendations from

17  the Florida Academy of Family Physicians; one practicing

18  podiatric physician licensed under chapter 461, appointed by

19  the President of the Senate from a list of recommendations

20  from the Florida Podiatric Medical Association; one trauma

21  surgeon licensed under chapter 458, appointed by the Speaker

22  of the House of Representatives from a list of recommendations

23  from the American College of Surgeons; one practicing dentist

24  licensed under chapter 466, appointed by the President of the

25  Senate from a list of recommendations from the Florida Dental

26  Association; one practicing pharmacist licensed under chapter

27  465, appointed by the Governor from a list of recommendations

28  from the Florida Pharmacy Association; one practicing

29  pharmacist licensed under chapter 465, appointed by the

30  Governor from a list of recommendations from the Florida

31  Society of Health System Pharmacists; and one health care


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    CS for CS for SB 792                           First Engrossed



  1  professional with expertise in clinical pharmacology appointed

  2  by the Governor from a list of recommendations from the

  3  Pharmaceutical Research and Manufacturers Association. The

  4  members shall be appointed to serve for terms of 2 years from

  5  the date of their appointment. Members may be appointed to

  6  more than one term. The Agency for Health Care Administration

  7  shall serve as staff for the committee and assist them with

  8  all ministerial duties. The Governor shall ensure that at

  9  least some of the members of the Medicaid Pharmaceutical and

10  Therapeutics Committee represent Medicaid participating

11  physicians and pharmacies serving all segments and diversity

12  of the Medicaid population, and have experience in either

13  developing or practicing under a preferred drug formulary. At

14  least one of the members shall represent the interests of

15  pharmaceutical manufacturers.

16         (2)  Committee members shall select a chairperson and a

17  vice chairperson each year from the committee membership.

18         (3)  The committee shall meet at least quarterly and

19  may meet at other times at the discretion of the chairperson

20  and members. The committee shall comply with rules adopted by

21  the agency, including notice of any meeting of the committee

22  pursuant to the requirements of the Administrative Procedure

23  Act.

24         (4)  Upon recommendation of the Medicaid Pharmaceutical

25  and Therapeutics Committee the agency shall adopt a preferred

26  drug list. To the extent feasible, the committee shall review

27  all drug classes included in the formulary at least every 12

28  months, and may recommend additions to and deletions from the

29  formulary, such that the formulary provides

30         (2)  Upon recommendation by the committee, the Agency

31  for Health Care Administration shall establish the voluntary


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    CS for CS for SB 792                           First Engrossed



  1  Medicaid preferred prescribed-drug list. Upon further

  2  recommendation by the committee, the agency shall add to,

  3  delete from, or modify the list. The committee shall also

  4  review requests for additions to, deletions from, or

  5  modifications of the list. The list shall be adopted by the

  6  committee in consultation with medical specialists, when

  7  appropriate, using the following criteria:  use of the list

  8  shall be voluntary by providers and the list must provide for

  9  medically appropriate drug therapies for Medicaid patients

10  which achieve cost savings contained in the General

11  Appropriations Act.

12         (5)  Except for mental health-related drugs,

13  anti-retroviral drugs, and drugs for nursing home residents

14  and other institutional residents, reimbursement of drugs not

15  included in the formulary is subject to prior authorization in

16  the Medicaid program.

17         (6)(3)  The Agency for Health Care Administration shall

18  publish and disseminate the preferred drug formulary voluntary

19  Medicaid preferred prescribed drug list to all Medicaid

20  providers in the state.

21         (7)  The committee shall ensure that pharmaceutical

22  manufacturers agreeing to provide a supplemental rebate as

23  outlined in this chapter have an opportunity to present

24  evidence supporting inclusion of a product on the preferred

25  drug list. Upon timely notice, the agency shall ensure that

26  any drug that has been approved or had any of its particular

27  uses approved by the United States Food and Drug

28  Administration under a priority review classification will be

29  reviewed by the Medicaid Pharmaceutical and Therapeutics

30  Committee at the next regularly scheduled meeting. To the

31  extent possible, upon notice by a manufacturer the agency


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    CS for CS for SB 792                           First Engrossed



  1  shall also schedule a product review for any new product at

  2  the next regularly scheduled Medicaid Pharmaceutical and

  3  Therapeutics Committee.

  4         (8)  Until the Medicaid Pharmaceutical and Therapeutics

  5  Committee is appointed and a preferred drug list adopted by

  6  the agency, the agency shall use the existing voluntary

  7  preferred drug list adopted pursuant to Chapter 2000-367,

  8  Section 72, Laws of Florida. Drugs not listed on the voluntary

  9  preferred drug list will require prior authorization by the

10  agency or its contractor.

11         (9)  The Medicaid Pharmaceutical and Therapeutics

12  Committee shall develop its preferred drug list

13  recommendations by considering the clinical efficacy, safety,

14  and cost effectiveness of a product. When the preferred drug

15  formulary is adopted by the agency, if a product on the

16  formulary is one of the first four brand-name drugs used by a

17  recipient in a month the drug shall not require prior

18  authorization.

19         (10)  The Medicaid Pharmaceutical and Therapeutics

20  Committee may also make recommendations to the agency

21  regarding the prior authorization of any prescribed drug

22  covered by Medicaid.

23         (11)  Medicaid recipients may appeal agency preferred

24  drug formulary decisions using the Medicaid fair hearing

25  process administered by the Department of Children and Family

26  Services.

27         Section 9.  Section 409.912, Florida Statutes, is

28  amended to read:

29         409.912  Cost-effective purchasing of health care.--The

30  agency shall purchase goods and services for Medicaid

31  recipients in the most cost-effective manner consistent with


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    CS for CS for SB 792                           First Engrossed



  1  the delivery of quality medical care.  The agency shall

  2  maximize the use of prepaid per capita and prepaid aggregate

  3  fixed-sum basis services when appropriate and other

  4  alternative service delivery and reimbursement methodologies,

  5  including competitive bidding pursuant to s. 287.057, designed

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

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

  8  minimize the exposure of recipients to the need for acute

  9  inpatient, custodial, and other institutional care and the

10  inappropriate or unnecessary use of high-cost services. The

11  agency may establish prior authorization requirements for

12  certain populations of Medicaid beneficiaries, certain drug

13  classes, or particular drugs to prevent fraud, abuse, overuse,

14  and possible dangerous drug interactions. The Pharmaceutical

15  and Therapeutics Committee shall make recommendations to the

16  agency on drugs for which prior authorization is required. The

17  agency shall inform the Pharmaceutical and Therapeutics

18  Committee of its decisions regarding drugs subject to prior

19  authorization.

20         (1)  The agency may enter into agreements with

21  appropriate agents of other state agencies or of any agency of

22  the Federal Government and accept such duties in respect to

23  social welfare or public aid as may be necessary to implement

24  the provisions of Title XIX of the Social Security Act and ss.

25  409.901-409.920.

26         (2)  The agency may contract with health maintenance

27  organizations certified pursuant to part I of chapter 641 for

28  the provision of services to recipients.

29         (3)  The agency may contract with:

30         (a)  An entity that provides no prepaid health care

31  services other than Medicaid services under contract with the


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    CS for CS for SB 792                           First Engrossed



  1  agency and which is owned and operated by a county, county

  2  health department, or county-owned and operated hospital to

  3  provide health care services on a prepaid or fixed-sum basis

  4  to recipients, which entity may provide such prepaid services

  5  either directly or through arrangements with other providers.

  6  Such prepaid health care services entities must be licensed

  7  under parts I and III by January 1, 1998, and until then are

  8  exempt from the provisions of part I of chapter 641. An entity

  9  recognized under this paragraph which demonstrates to the

10  satisfaction of the Department of Insurance that it is backed

11  by the full faith and credit of the county in which it is

12  located may be exempted from s. 641.225.

13         (b)  An entity that is providing comprehensive

14  behavioral health care services to certain Medicaid recipients

15  through a capitated, prepaid arrangement pursuant to the

16  federal waiver provided for by s. 409.905(5). Such an entity

17  must be licensed under chapter 624, chapter 636, or chapter

18  641 and must possess the clinical systems and operational

19  competence to manage risk and provide comprehensive behavioral

20  health care to Medicaid recipients. As used in this paragraph,

21  the term "comprehensive behavioral health care services" means

22  covered mental health and substance abuse treatment services

23  that are available to Medicaid recipients. The secretary of

24  the Department of Children and Family Services shall approve

25  provisions of procurements related to children in the

26  department's care or custody prior to enrolling such children

27  in a prepaid behavioral health plan. Any contract awarded

28  under this paragraph must be competitively procured. In

29  developing the behavioral health care prepaid plan procurement

30  document, the agency shall ensure that the procurement

31  document requires the contractor to develop and implement a


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    CS for CS for SB 792                           First Engrossed



  1  plan to ensure compliance with s. 394.4574 related to services

  2  provided to residents of licensed assisted living facilities

  3  that hold a limited mental health license. The agency must

  4  ensure that Medicaid recipients have available the choice of

  5  at least two managed care plans for their behavioral health

  6  care services. The agency may reimburse for

  7  substance-abuse-treatment services on a fee-for-service basis

  8  until the agency finds that adequate funds are available for

  9  capitated, prepaid arrangements.

10         1.  By January 1, 2001, the agency shall modify the

11  contracts with the entities providing comprehensive inpatient

12  and outpatient mental health care services to Medicaid

13  recipients in Hillsborough, Highlands, Hardee, Manatee, and

14  Polk Counties, to include substance-abuse-treatment services.

15         2.  By December 31, 2001, the agency shall contract

16  with entities providing comprehensive behavioral health care

17  services to Medicaid recipients through capitated, prepaid

18  arrangements in Charlotte, Collier, DeSoto, Escambia, Glades,

19  Hendry, Lee, Okaloosa, Pasco, Pinellas, Santa Rosa, Sarasota,

20  and Walton Counties. The agency may contract with entities

21  providing comprehensive behavioral health care services to

22  Medicaid recipients through capitated, prepaid arrangements in

23  Alachua County. The agency may determine if Sarasota County

24  shall be included as a separate catchment area or included in

25  any other agency geographic area.

26         3.  Children residing in a Department of Juvenile

27  Justice residential program approved as a Medicaid behavioral

28  health overlay services provider shall not be included in a

29  behavioral health care prepaid health plan pursuant to this

30  paragraph.

31  


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    CS for CS for SB 792                           First Engrossed



  1         4.  In converting to a prepaid system of delivery, the

  2  agency shall in its procurement document require an entity

  3  providing comprehensive behavioral health care services to

  4  prevent the displacement of indigent care patients by

  5  enrollees in the Medicaid prepaid health plan providing

  6  behavioral health care services from facilities receiving

  7  state funding to provide indigent behavioral health care, to

  8  facilities licensed under chapter 395 which do not receive

  9  state funding for indigent behavioral health care, or

10  reimburse the unsubsidized facility for the cost of behavioral

11  health care provided to the displaced indigent care patient.

12         5.  Traditional community mental health providers under

13  contract with the Department of Children and Family Services

14  pursuant to part IV of chapter 394 and inpatient mental health

15  providers licensed pursuant to chapter 395 must be offered an

16  opportunity to accept or decline a contract to participate in

17  any provider network for prepaid behavioral health services.

18         (c)  A federally qualified health center or an entity

19  owned by one or more federally qualified health centers or an

20  entity owned by other migrant and community health centers

21  receiving non-Medicaid financial support from the Federal

22  Government to provide health care services on a prepaid or

23  fixed-sum basis to recipients.  Such prepaid health care

24  services entity must be licensed under parts I and III of

25  chapter 641, but shall be prohibited from serving Medicaid

26  recipients on a prepaid basis, until such licensure has been

27  obtained.  However, such an entity is exempt from s. 641.225

28  if the entity meets the requirements specified in subsections

29  (14) and (15).

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

31  demonstration projects to test Medicaid direct contracting.


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    CS for CS for SB 792                           First Engrossed



  1  The demonstration projects may be reimbursed on a

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

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

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

  5  appropriate financial reserve, quality assurance, and patient

  6  rights requirements as established by the agency.  The agency

  7  shall award contracts on a competitive bid basis and shall

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

  9  recipients assigned to a demonstration project shall be chosen

10  equally from those who would otherwise have been assigned to

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

12  federal Medicaid waivers as necessary to implement the

13  provisions of this section.  A demonstration project awarded

14  pursuant to this paragraph shall be for 4 2 years from the

15  date of implementation.

16         (e)  An entity that provides comprehensive behavioral

17  health care services to certain Medicaid recipients through an

18  administrative services organization agreement. Such an entity

19  must possess the clinical systems and operational competence

20  to provide comprehensive health care to Medicaid recipients.

21  As used in this paragraph, the term "comprehensive behavioral

22  health care services" means covered mental health and

23  substance abuse treatment services that are available to

24  Medicaid recipients. Any contract awarded under this paragraph

25  must be competitively procured. The agency must ensure that

26  Medicaid recipients have available the choice of at least two

27  managed care plans for their behavioral health care services.

28         (f)  An entity in Pasco County or Pinellas County that

29  provides in-home physician services to Medicaid recipients

30  with degenerative neurological diseases in order to test the

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


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    CS for CS for SB 792                           First Engrossed



  1  entity providing the services shall be reimbursed on a

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

  3  Medicare reimbursement rates. The agency may apply for waivers

  4  of federal regulations necessary to implement such program.

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

  6         (g)  Children's provider networks that provide care

  7  coordination and care management for Medicaid-eligible

  8  pediatric patients, primary care, authorization of specialty

  9  care, and other urgent and emergency care through organized

10  providers designed to service Medicaid eligibles under age 18.

11  The networks shall provide after-hour operations, including

12  evening and weekend hours, to promote, when appropriate, the

13  use of the children's networks rather than hospital emergency

14  departments.

15         (4)  The agency may contract with any public or private

16  entity otherwise authorized by this section on a prepaid or

17  fixed-sum basis for the provision of health care services to

18  recipients. An entity may provide prepaid services to

19  recipients, either directly or through arrangements with other

20  entities, if each entity involved in providing services:

21         (a)  Is organized primarily for the purpose of

22  providing health care or other services of the type regularly

23  offered to Medicaid recipients;

24         (b)  Ensures that services meet the standards set by

25  the agency for quality, appropriateness, and timeliness;

26         (c)  Makes provisions satisfactory to the agency for

27  insolvency protection and ensures that neither enrolled

28  Medicaid recipients nor the agency will be liable for the

29  debts of the entity;

30         (d)  Submits to the agency, if a private entity, a

31  financial plan that the agency finds to be fiscally sound and


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    CS for CS for SB 792                           First Engrossed



  1  that provides for working capital in the form of cash or

  2  equivalent liquid assets excluding revenues from Medicaid

  3  premium payments equal to at least the first 3 months of

  4  operating expenses or $200,000, whichever is greater;

  5         (e)  Furnishes evidence satisfactory to the agency of

  6  adequate liability insurance coverage or an adequate plan of

  7  self-insurance to respond to claims for injuries arising out

  8  of the furnishing of health care;

  9         (f)  Provides, through contract or otherwise, for

10  periodic review of its medical facilities and services, as

11  required by the agency; and

12         (g)  Provides organizational, operational, financial,

13  and other information required by the agency.

14         (5)  The agency may contract on a prepaid or fixed-sum

15  basis with any health insurer that:

16         (a)  Pays for health care services provided to enrolled

17  Medicaid recipients in exchange for a premium payment paid by

18  the agency;

19         (b)  Assumes the underwriting risk; and

20         (c)  Is organized and licensed under applicable

21  provisions of the Florida Insurance Code and is currently in

22  good standing with the Department of Insurance.

23         (6)  The agency may contract on a prepaid or fixed-sum

24  basis with an exclusive provider organization to provide

25  health care services to Medicaid recipients provided that the

26  contract does not cost more than a managed care plan contract

27  in the same agency region and that the exclusive provider

28  organization meets applicable managed care plan requirements

29  in this section, ss. 409.9122, 409.9123, 409.9128, and

30  627.6472, and other applicable provisions of law.

31  


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    CS for CS for SB 792                           First Engrossed



  1         (7)  The Agency for Health Care Administration may

  2  provide cost-effective purchasing of chiropractic services on

  3  a fee-for-service basis to Medicaid recipients through

  4  arrangements with a statewide chiropractic preferred provider

  5  organization incorporated in this state as a not-for-profit

  6  corporation.  The agency shall ensure that the benefit limits

  7  and prior authorization requirements in the current Medicaid

  8  program shall apply to the services provided by the

  9  chiropractic preferred provider organization.

10         (8)  The agency shall not contract on a prepaid or

11  fixed-sum basis for Medicaid services with an entity which

12  knows or reasonably should know that any officer, director,

13  agent, managing employee, or owner of stock or beneficial

14  interest in excess of 5 percent common or preferred stock, or

15  the entity itself, has been found guilty of, regardless of

16  adjudication, or entered a plea of nolo contendere, or guilty,

17  to:

18         (a)  Fraud;

19         (b)  Violation of federal or state antitrust statutes,

20  including those proscribing price fixing between competitors

21  and the allocation of customers among competitors;

22         (c)  Commission of a felony involving embezzlement,

23  theft, forgery, income tax evasion, bribery, falsification or

24  destruction of records, making false statements, receiving

25  stolen property, making false claims, or obstruction of

26  justice; or

27         (d)  Any crime in any jurisdiction which directly

28  relates to the provision of health services on a prepaid or

29  fixed-sum basis.

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

31  apply for waivers of applicable federal laws and regulations


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    CS for CS for SB 792                           First Engrossed



  1  as necessary to implement more appropriate systems of health

  2  care for Medicaid recipients and reduce the cost of the

  3  Medicaid program to the state and federal governments and

  4  shall implement such programs, after legislative approval,

  5  within a reasonable period of time after federal approval.

  6  These programs must be designed primarily to reduce the need

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

  8  institutional care, and other high-cost services.

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

10  waiver as authorized by this subsection, the agency shall

11  provide notice and an opportunity for public comment.  Notice

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

13  agency for advance notice and shall be published in the

14  Florida Administrative Weekly not less than 28 days prior to

15  the intended action.

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

17  appropriated to the Department of Elderly Affairs for the

18  Assisted Living for the Elderly Medicaid waiver and are not

19  expended shall be transferred to the agency to fund

20  Medicaid-reimbursed nursing home care.

21         (10)  The agency shall establish a postpayment

22  utilization control program designed to identify recipients

23  who may inappropriately overuse or underuse Medicaid services

24  and shall provide methods to correct such misuse.

25         (11)  The agency shall develop and provide coordinated

26  systems of care for Medicaid recipients and may contract with

27  public or private entities to develop and administer such

28  systems of care among public and private health care providers

29  in a given geographic area.

30  

31  


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    CS for CS for SB 792                           First Engrossed



  1         (12)  The agency shall operate or contract for the

  2  operation of utilization management and incentive systems

  3  designed to encourage cost-effective use services.

  4         (13)(a)  The agency shall identify health care

  5  utilization and price patterns within the Medicaid program

  6  which are not cost-effective or medically appropriate and

  7  assess the effectiveness of new or alternate methods of

  8  providing and monitoring service, and may implement such

  9  methods as it considers appropriate. Such methods may include

10  disease management initiatives, an integrated and systematic

11  approach for managing the health care needs of recipients who

12  are at risk of or diagnosed with a specific disease by using

13  best practices, prevention strategies, clinical-practice

14  improvement, clinical interventions and protocols, outcomes

15  research, information technology, and other tools and

16  resources to reduce overall costs and improve measurable

17  outcomes.

18         (b)  The responsibility of the agency under this

19  subsection shall include the development of capabilities to

20  identify actual and optimal practice patterns; patient and

21  provider educational initiatives; methods for determining

22  patient compliance with prescribed treatments; fraud, waste,

23  and abuse prevention and detection programs; and beneficiary

24  case management programs.

25         1.  The practice pattern identification program shall

26  evaluate practitioner prescribing patterns based on national

27  and regional practice guidelines, comparing practitioners to

28  their peer groups. The agency and its Drug Utilization Review

29  Board shall consult with a panel of practicing health care

30  professionals consisting of the following: the Speaker of the

31  House of Representatives and the President of the Senate shall


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    CS for CS for SB 792                           First Engrossed



  1  each appoint three physicians licensed under chapter 458 or

  2  chapter 459; and the Governor shall appoint two pharmacists

  3  licensed under chapter 465 and one dentist licensed under

  4  chapter 466 who is an oral surgeon. Terms of the panel members

  5  shall expire at the discretion of the appointing official. The

  6  panel shall begin its work by August 1, 1999, regardless of

  7  the number of appointments made by that date. The advisory

  8  panel shall be responsible for evaluating treatment guidelines

  9  and recommending ways to incorporate their use in the practice

10  pattern identification program. Practitioners who are

11  prescribing inappropriately or inefficiently, as determined by

12  the agency, may have their prescribing of certain drugs

13  subject to prior authorization.

14         2.  The agency shall also develop educational

15  interventions designed to promote the proper use of

16  medications by providers and beneficiaries.

17         3.  The agency shall implement a pharmacy fraud, waste,

18  and abuse initiative that may include a surety bond or letter

19  of credit requirement for participating pharmacies, enhanced

20  provider auditing practices, the use of additional fraud and

21  abuse software, recipient management programs for

22  beneficiaries inappropriately using their benefits, and other

23  steps that will eliminate provider and recipient fraud, waste,

24  and abuse. The initiative shall address enforcement efforts to

25  reduce the number and use of counterfeit prescriptions.

26         4.  The agency may apply for any federal waivers needed

27  to implement this paragraph.

28         (14)  An entity contracting on a prepaid or fixed-sum

29  basis shall, in addition to meeting any applicable statutory

30  surplus requirements, also maintain at all times in the form

31  of cash, investments that mature in less than 180 days


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    CS for CS for SB 792                           First Engrossed



  1  allowable as admitted assets by the Department of Insurance,

  2  and restricted funds or deposits controlled by the agency or

  3  the Department of Insurance, a surplus amount equal to

  4  one-and-one-half times the entity's monthly Medicaid prepaid

  5  revenues. As used in this subsection, the term "surplus" means

  6  the entity's total assets minus total liabilities. If an

  7  entity's surplus falls below an amount equal to

  8  one-and-one-half times the entity's monthly Medicaid prepaid

  9  revenues, the agency shall prohibit the entity from engaging

10  in marketing and preenrollment activities, shall cease to

11  process new enrollments, and shall not renew the entity's

12  contract until the required balance is achieved.  The

13  requirements of this subsection do not apply:

14         (a)  Where a public entity agrees to fund any deficit

15  incurred by the contracting entity; or

16         (b)  Where the entity's performance and obligations are

17  guaranteed in writing by a guaranteeing organization which:

18         1.  Has been in operation for at least 5 years and has

19  assets in excess of $50 million; or

20         2.  Submits a written guarantee acceptable to the

21  agency which is irrevocable during the term of the contracting

22  entity's contract with the agency and, upon termination of the

23  contract, until the agency receives proof of satisfaction of

24  all outstanding obligations incurred under the contract.

25         (15)(a)  The agency may require an entity contracting

26  on a prepaid or fixed-sum basis to establish a restricted

27  insolvency protection account with a federally guaranteed

28  financial institution licensed to do business in this state.

29  The entity shall deposit into that account 5 percent of the

30  capitation payments made by the agency each month until a

31  maximum total of 2 percent of the total current contract


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    CS for CS for SB 792                           First Engrossed



  1  amount is reached. The restricted insolvency protection

  2  account may be drawn upon with the authorized signatures of

  3  two persons designated by the entity and two representatives

  4  of the agency. If the agency finds that the entity is

  5  insolvent, the agency may draw upon the account solely with

  6  the two authorized signatures of representatives of the

  7  agency, and the funds may be disbursed to meet financial

  8  obligations incurred by the entity under the prepaid contract.

  9  If the contract is terminated, expired, or not continued, the

10  account balance must be released by the agency to the entity

11  upon receipt of proof of satisfaction of all outstanding

12  obligations incurred under this contract.

13         (b)  The agency may waive the insolvency protection

14  account requirement in writing when evidence is on file with

15  the agency of adequate insolvency insurance and reinsurance

16  that will protect enrollees if the entity becomes unable to

17  meet its obligations.

18         (16)  An entity that contracts with the agency on a

19  prepaid or fixed-sum basis for the provision of Medicaid

20  services shall reimburse any hospital or physician that is

21  outside the entity's authorized geographic service area as

22  specified in its contract with the agency, and that provides

23  services authorized by the entity to its members, at a rate

24  negotiated with the hospital or physician for the provision of

25  services or according to the lesser of the following:

26         (a)  The usual and customary charges made to the

27  general public by the hospital or physician; or

28         (b)  The Florida Medicaid reimbursement rate

29  established for the hospital or physician.

30         (17)  When a merger or acquisition of a Medicaid

31  prepaid contractor has been approved by the Department of


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    CS for CS for SB 792                           First Engrossed



  1  Insurance pursuant to s. 628.4615, the agency shall approve

  2  the assignment or transfer of the appropriate Medicaid prepaid

  3  contract upon request of the surviving entity of the merger or

  4  acquisition if the contractor and the other entity have been

  5  in good standing with the agency for the most recent 12-month

  6  period, unless the agency determines that the assignment or

  7  transfer would be detrimental to the Medicaid recipients or

  8  the Medicaid program.  To be in good standing, an entity must

  9  not have failed accreditation or committed any material

10  violation of the requirements of s. 641.52 and must meet the

11  Medicaid contract requirements.  For purposes of this section,

12  a merger or acquisition means a change in controlling interest

13  of an entity, including an asset or stock purchase.

14         (18)  Any entity contracting with the agency pursuant

15  to this section to provide health care services to Medicaid

16  recipients is prohibited from engaging in any of the following

17  practices or activities:

18         (a)  Practices that are discriminatory, including, but

19  not limited to, attempts to discourage participation on the

20  basis of actual or perceived health status.

21         (b)  Activities that could mislead or confuse

22  recipients, or misrepresent the organization, its marketing

23  representatives, or the agency. Violations of this paragraph

24  include, but are not limited to:

25         1.  False or misleading claims that marketing

26  representatives are employees or representatives of the state

27  or county, or of anyone other than the entity or the

28  organization by whom they are reimbursed.

29         2.  False or misleading claims that the entity is

30  recommended or endorsed by any state or county agency, or by

31  


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    CS for CS for SB 792                           First Engrossed



  1  any other organization which has not certified its endorsement

  2  in writing to the entity.

  3         3.  False or misleading claims that the state or county

  4  recommends that a Medicaid recipient enroll with an entity.

  5         4.  Claims that a Medicaid recipient will lose benefits

  6  under the Medicaid program, or any other health or welfare

  7  benefits to which the recipient is legally entitled, if the

  8  recipient does not enroll with the entity.

  9         (c)  Granting or offering of any monetary or other

10  valuable consideration for enrollment, except as authorized by

11  subsection (21).

12         (d)  Door-to-door solicitation of recipients who have

13  not contacted the entity or who have not invited the entity to

14  make a presentation.

15         (e)  Solicitation of Medicaid recipients by marketing

16  representatives stationed in state offices unless approved and

17  supervised by the agency or its agent and approved by the

18  affected state agency when solicitation occurs in an office of

19  the state agency.  The agency shall ensure that marketing

20  representatives stationed in state offices shall market their

21  managed care plans to Medicaid recipients only in designated

22  areas and in such a way as to not interfere with the

23  recipients' activities in the state office.

24         (f)  Enrollment of Medicaid recipients.

25         (19)  The agency may impose a fine for a violation of

26  this section or the contract with the agency by a person or

27  entity that is under contract with the agency.  With respect

28  to any nonwillful violation, such fine shall not exceed $2,500

29  per violation.  In no event shall such fine exceed an

30  aggregate amount of $10,000 for all nonwillful violations

31  arising out of the same action.  With respect to any knowing


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    CS for CS for SB 792                           First Engrossed



  1  and willful violation of this section or the contract with the

  2  agency, the agency may impose a fine upon the entity in an

  3  amount not to exceed $20,000 for each such violation.  In no

  4  event shall such fine exceed an aggregate amount of $100,000

  5  for all knowing and willful violations arising out of the same

  6  action.

  7         (20)  A health maintenance organization or a person or

  8  entity exempt from chapter 641 that is under contract with the

  9  agency for the provision of health care services to Medicaid

10  recipients may not use or distribute marketing materials used

11  to solicit Medicaid recipients, unless such materials have

12  been approved by the agency. The provisions of this subsection

13  do not apply to general advertising and marketing materials

14  used by a health maintenance organization to solicit both

15  non-Medicaid subscribers and Medicaid recipients.

16         (21)  Upon approval by the agency, health maintenance

17  organizations and persons or entities exempt from chapter 641

18  that are under contract with the agency for the provision of

19  health care services to Medicaid recipients may be permitted

20  within the capitation rate to provide additional health

21  benefits that the agency has found are of high quality, are

22  practicably available, provide reasonable value to the

23  recipient, and are provided at no additional cost to the

24  state.

25         (22)  The agency shall utilize the statewide health

26  maintenance organization complaint hotline for the purpose of

27  investigating and resolving Medicaid and prepaid health plan

28  complaints, maintaining a record of complaints and confirmed

29  problems, and receiving disenrollment requests made by

30  recipients.

31  


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    CS for CS for SB 792                           First Engrossed



  1         (23)  The agency shall require the publication of the

  2  health maintenance organization's and the prepaid health

  3  plan's consumer services telephone numbers and the "800"

  4  telephone number of the statewide health maintenance

  5  organization complaint hotline on each Medicaid identification

  6  card issued by a health maintenance organization or prepaid

  7  health plan contracting with the agency to serve Medicaid

  8  recipients and on each subscriber handbook issued to a

  9  Medicaid recipient.

10         (24)  The agency shall establish a health care quality

11  improvement system for those entities contracting with the

12  agency pursuant to this section, incorporating all the

13  standards and guidelines developed by the Medicaid Bureau of

14  the Health Care Financing Administration as a part of the

15  quality assurance reform initiative.  The system shall

16  include, but need not be limited to, the following:

17         (a)  Guidelines for internal quality assurance

18  programs, including standards for:

19         1.  Written quality assurance program descriptions.

20         2.  Responsibilities of the governing body for

21  monitoring, evaluating, and making improvements to care.

22         3.  An active quality assurance committee.

23         4.  Quality assurance program supervision.

24         5.  Requiring the program to have adequate resources to

25  effectively carry out its specified activities.

26         6.  Provider participation in the quality assurance

27  program.

28         7.  Delegation of quality assurance program activities.

29         8.  Credentialing and recredentialing.

30         9.  Enrollee rights and responsibilities.

31  


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    CS for CS for SB 792                           First Engrossed



  1         10.  Availability and accessibility to services and

  2  care.

  3         11.  Ambulatory care facilities.

  4         12.  Accessibility and availability of medical records,

  5  as well as proper recordkeeping and process for record review.

  6         13.  Utilization review.

  7         14.  A continuity of care system.

  8         15.  Quality assurance program documentation.

  9         16.  Coordination of quality assurance activity with

10  other management activity.

11         17.  Delivering care to pregnant women and infants; to

12  elderly and disabled recipients, especially those who are at

13  risk of institutional placement; to persons with developmental

14  disabilities; and to adults who have chronic, high-cost

15  medical conditions.

16         (b)  Guidelines which require the entities to conduct

17  quality-of-care studies which:

18         1.  Target specific conditions and specific health

19  service delivery issues for focused monitoring and evaluation.

20         2.  Use clinical care standards or practice guidelines

21  to objectively evaluate the care the entity delivers or fails

22  to deliver for the targeted clinical conditions and health

23  services delivery issues.

24         3.  Use quality indicators derived from the clinical

25  care standards or practice guidelines to screen and monitor

26  care and services delivered.

27         (c)  Guidelines for external quality review of each

28  contractor which require: focused studies of patterns of care;

29  individual care review in specific situations; and followup

30  activities on previous pattern-of-care study findings and

31  individual-care-review findings.  In designing the external


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    CS for CS for SB 792                           First Engrossed



  1  quality review function and determining how it is to operate

  2  as part of the state's overall quality improvement system, the

  3  agency shall construct its external quality review

  4  organization and entity contracts to address each of the

  5  following:

  6         1.  Delineating the role of the external quality review

  7  organization.

  8         2.  Length of the external quality review organization

  9  contract with the state.

10         3.  Participation of the contracting entities in

11  designing external quality review organization review

12  activities.

13         4.  Potential variation in the type of clinical

14  conditions and health services delivery issues to be studied

15  at each plan.

16         5.  Determining the number of focused pattern-of-care

17  studies to be conducted for each plan.

18         6.  Methods for implementing focused studies.

19         7.  Individual care review.

20         8.  Followup activities.

21         (25)  In order to ensure that children receive health

22  care services for which an entity has already been

23  compensated, an entity contracting with the agency pursuant to

24  this section shall achieve an annual Early and Periodic

25  Screening, Diagnosis, and Treatment (EPSDT) Service screening

26  rate of at least 60 percent for those recipients continuously

27  enrolled for at least 8 months.  The agency shall develop a

28  method by which the EPSDT screening rate shall be calculated.

29  For any entity which does not achieve the annual 60 percent

30  rate, the entity must submit a corrective action plan for the

31  agency's approval.  If the entity does not meet the standard


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    CS for CS for SB 792                           First Engrossed



  1  established in the corrective action plan during the specified

  2  timeframe, the agency is authorized to impose appropriate

  3  contract sanctions.  At least annually, the agency shall

  4  publicly release the EPSDT Services screening rates of each

  5  entity it has contracted with on a prepaid basis to serve

  6  Medicaid recipients.

  7         (26)  The agency shall perform choice counseling,

  8  enrollments, and disenrollments for Medicaid recipients who

  9  are eligible for MediPass or managed care plans.

10  Notwithstanding the prohibition contained in paragraph

11  (18)(f), managed care plans may perform preenrollments of

12  Medicaid recipients under the supervision of the agency or its

13  agents.  For the purposes of this section, "preenrollment"

14  means the provision of marketing and educational materials to

15  a Medicaid recipient and assistance in completing the

16  application forms, but shall not include actual enrollment

17  into a managed care plan.  An application for enrollment shall

18  not be deemed complete until the agency or its agent verifies

19  that the recipient made an informed, voluntary choice.  The

20  agency, in cooperation with the Department of Children and

21  Family Services, may test new marketing initiatives to inform

22  Medicaid recipients about their managed care options at

23  selected sites.  The agency shall report to the Legislature on

24  the effectiveness of such initiatives.  The agency may

25  contract with a third party to perform managed care plan and

26  MediPass choice-counseling, enrollment, and disenrollment

27  services for Medicaid recipients and is authorized to adopt

28  rules to implement such services. The agency may adjust the

29  capitation rate only to cover the costs of a third-party

30  choice-counseling, enrollment, and disenrollment contract, and

31  


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    CS for CS for SB 792                           First Engrossed



  1  for agency supervision and management of the managed care plan

  2  choice-counseling, enrollment, and disenrollment contract.

  3         (27)  Any lists of providers made available to Medicaid

  4  recipients, MediPass enrollees, or managed care plan enrollees

  5  shall be arranged alphabetically showing the provider's name

  6  and specialty and, separately, by specialty in alphabetical

  7  order.

  8         (28)  The agency shall establish an enhanced managed

  9  care quality assurance oversight function, to include at least

10  the following components:

11         (a)  At least quarterly analysis and followup,

12  including sanctions as appropriate, of managed care

13  participant utilization of services.

14         (b)  At least quarterly analysis and followup,

15  including sanctions as appropriate, of quality findings of the

16  Medicaid peer review organization and other external quality

17  assurance programs.

18         (c)  At least quarterly analysis and followup,

19  including sanctions as appropriate, of the fiscal viability of

20  managed care plans.

21         (d)  At least quarterly analysis and followup,

22  including sanctions as appropriate, of managed care

23  participant satisfaction and disenrollment surveys.

24         (e)  The agency shall conduct regular and ongoing

25  Medicaid recipient satisfaction surveys.

26  

27  The analyses and followup activities conducted by the agency

28  under its enhanced managed care quality assurance oversight

29  function shall not duplicate the activities of accreditation

30  reviewers for entities regulated under part III of chapter

31  


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    CS for CS for SB 792                           First Engrossed



  1  641, but may include a review of the finding of such

  2  reviewers.

  3         (29)  Each managed care plan that is under contract

  4  with the agency to provide health care services to Medicaid

  5  recipients shall annually conduct a background check with the

  6  Florida Department of Law Enforcement of all persons with

  7  ownership interest of 5 percent or more or executive

  8  management responsibility for the managed care plan and shall

  9  submit to the agency information concerning any such person

10  who has been found guilty of, regardless of adjudication, or

11  has entered a plea of nolo contendere or guilty to, any of the

12  offenses listed in s. 435.03.

13         (30)  The agency shall, by rule, develop a process

14  whereby a Medicaid managed care plan enrollee who wishes to

15  enter hospice care may be disenrolled from the managed care

16  plan within 24 hours after contacting the agency regarding

17  such request. The agency rule shall include a methodology for

18  the agency to recoup managed care plan payments on a pro rata

19  basis if payment has been made for the enrollment month when

20  disenrollment occurs.

21         (31)  The agency and entities which contract with the

22  agency to provide health care services to Medicaid recipients

23  under this section or s. 409.9122 must comply with the

24  provisions of s. 641.513 in providing emergency services and

25  care to Medicaid recipients and MediPass recipients.

26         (32)  All entities providing health care services to

27  Medicaid recipients shall make available, and encourage all

28  pregnant women and mothers with infants to receive, and

29  provide documentation in the medical records to reflect, the

30  following:

31         (a)  Healthy Start prenatal or infant screening.


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    CS for CS for SB 792                           First Engrossed



  1         (b)  Healthy Start care coordination, when screening or

  2  other factors indicate need.

  3         (c)  Healthy Start enhanced services in accordance with

  4  the prenatal or infant screening results.

  5         (d)  Immunizations in accordance with recommendations

  6  of the Advisory Committee on Immunization Practices of the

  7  United States Public Health Service and the American Academy

  8  of Pediatrics, as appropriate.

  9         (e)  Counseling and services for family planning to all

10  women and their partners.

11         (f)  A scheduled postpartum visit for the purpose of

12  voluntary family planning, to include discussion of all

13  methods of contraception, as appropriate.

14         (g)  Referral to the Special Supplemental Nutrition

15  Program for Women, Infants, and Children (WIC).

16         (33)  Any entity that provides Medicaid prepaid health

17  plan services shall ensure the appropriate coordination of

18  health care services with an assisted living facility in cases

19  where a Medicaid recipient is both a member of the entity's

20  prepaid health plan and a resident of the assisted living

21  facility. If the entity is at risk for Medicaid targeted case

22  management and behavioral health services, the entity shall

23  inform the assisted living facility of the procedures to

24  follow should an emergent condition arise.

25         (34)  The agency may seek and implement federal waivers

26  necessary to provide for cost-effective purchasing of home

27  health services, private duty nursing services,

28  transportation, independent laboratory services, and durable

29  medical equipment and supplies through competitive bidding

30  negotiation pursuant to s. 287.057. The agency may request

31  appropriate waivers from the federal Health Care Financing


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  1  Administration in order to competitively bid such home health

  2  services. The agency may exclude providers not selected

  3  through the bidding process from the Medicaid provider

  4  network.

  5         (35)  The Agency for Health Care Administration is

  6  directed to issue a request for proposal or intent to

  7  negotiate to implement on a demonstration basis an outpatient

  8  specialty services pilot project in a rural and urban county

  9  in the state.  As used in this subsection, the term

10  "outpatient specialty services" means clinical laboratory,

11  diagnostic imaging, and specified home medical services to

12  include durable medical equipment, prosthetics and orthotics,

13  and infusion therapy.

14         (a)  The entity that is awarded the contract to provide

15  Medicaid managed care outpatient specialty services must, at a

16  minimum, meet the following criteria:

17         1.  The entity must be licensed by the Department of

18  Insurance under part II of chapter 641.

19         2.  The entity must be experienced in providing

20  outpatient specialty services.

21         3.  The entity must demonstrate to the satisfaction of

22  the agency that it provides high-quality services to its

23  patients.

24         4.  The entity must demonstrate that it has in place a

25  complaints and grievance process to assist Medicaid recipients

26  enrolled in the pilot managed care program to resolve

27  complaints and grievances.

28         (b)  The pilot managed care program shall operate for a

29  period of 3 years.  The objective of the pilot program shall

30  be to determine the cost-effectiveness and effects on

31  utilization, access, and quality of providing outpatient


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  1  specialty services to Medicaid recipients on a prepaid,

  2  capitated basis.

  3         (c)  The agency shall conduct a quality assurance

  4  review of the prepaid health clinic each year that the

  5  demonstration program is in effect. The prepaid health clinic

  6  is responsible for all expenses incurred by the agency in

  7  conducting a quality assurance review.

  8         (d)  The entity that is awarded the contract to provide

  9  outpatient specialty services to Medicaid recipients shall

10  report data required by the agency in a format specified by

11  the agency, for the purpose of conducting the evaluation

12  required in paragraph (e).

13         (e)  The agency shall conduct an evaluation of the

14  pilot managed care program and report its findings to the

15  Governor and the Legislature by no later than January 1, 2001.

16         (36)  The agency shall enter into agreements with

17  not-for-profit organizations based in this state for the

18  purpose of providing vision screening.

19         (37)(a)  The agency shall implement a Medicaid

20  prescribed-drug spending-control program that includes the

21  following components:

22         1.  Medicaid prescribed-drug coverage for brand-name

23  drugs for adult Medicaid recipients not residing in nursing

24  homes or other institutions is limited to the dispensing of

25  four brand-name drugs per month per recipient. Children and

26  institutionalized adults are exempt from this restriction.

27  Antiretroviral agents are excluded from this limitation. No

28  requirements for prior authorization or other restrictions on

29  medications used to treat mental illnesses such as

30  schizophrenia, severe depression, or bipolar disorder may be

31  imposed on Medicaid recipients. Medications that will be


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  1  available without restriction for persons with mental

  2  illnesses include atypical antipsychotic medications,

  3  conventional antipsychotic medications, selective serotonin

  4  reuptake inhibitors, and other medications used for the

  5  treatment of serious mental illnesses. The agency shall also

  6  limit the amount of a prescribed drug dispensed to no more

  7  than a 34-day supply. The agency shall continue to provide

  8  unlimited generic drugs, contraceptive drugs and items, and

  9  diabetic supplies. Although a drug may be included on the

10  preferred drug formulary, it would not be exempt from the

11  four-brand limit. The agency may authorize exceptions to the

12  brand-name-drug restriction based upon the treatment needs of

13  the patients, only when such exceptions are based on prior

14  consultation provided by the agency or an agency contractor,

15  but the agency must establish procedures to ensure that:

16         a.  There will be a response to a request for prior

17  consultation by telephone or other telecommunication device

18  within 24 hours after receipt of a request for prior

19  consultation; and

20         b.  A 72-hour supply of the drug prescribed will be

21  provided in an emergency or when the agency does not provide a

22  response within 24 hours as required by sub-subparagraph a.;

23  and

24         c.  Except for the exception for nursing home residents

25  and other institutionalized adults and except for drugs on the

26  restricted formulary for which prior authorization may be

27  sought by an institutional or community pharmacy, prior

28  authorization for an exception to the brand-name-drug

29  restriction is sought by the prescriber and not by the

30  pharmacy. When prior authorization is granted for a patient in

31  an institutional setting beyond the brand-name-drug


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  1  restriction, such approval is authorized for 12 months and

  2  monthly prior authorization is not required for that patient.

  3         2.  Reimbursement to pharmacies for Medicaid prescribed

  4  drugs shall be set at the average wholesale price less 13.25

  5  percent.

  6         3.  The agency shall develop and implement a process

  7  for managing the drug therapies of Medicaid recipients who are

  8  using significant numbers of prescribed drugs each month. The

  9  management process may include, but is not limited to,

10  comprehensive, physician-directed medical-record reviews,

11  claims analyses, and case evaluations to determine the medical

12  necessity and appropriateness of a patient's treatment plan

13  and drug therapies. The agency may contract with a private

14  organization to provide drug-program-management services. The

15  Medicaid drug benefit management program shall include

16  initiatives to manage drug therapies for HIV/AIDS patients,

17  patients using 20 or more unique prescriptions in a 180-day

18  period, and the top 1,000 patients in annual spending.

19         4.  The agency may limit the size of its pharmacy

20  network based on need, competitive bidding, price

21  negotiations, credentialing, or similar criteria. The agency

22  shall give special consideration to rural areas in determining

23  the size and location of pharmacies included in the Medicaid

24  pharmacy network. A pharmacy credentialing process may include

25  criteria such as a pharmacy's full-service status, location,

26  size, patient educational programs, patient consultation,

27  disease-management services, and other characteristics. The

28  agency may impose a moratorium on Medicaid pharmacy enrollment

29  when it is determined that it has a sufficient number of

30  Medicaid-participating providers.

31  


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    CS for CS for SB 792                           First Engrossed



  1         5.  The agency shall develop and implement a program

  2  that requires Medicaid practitioners who prescribe drugs to

  3  use a counterfeit-proof prescription pad for Medicaid

  4  prescriptions. The agency shall require the use of

  5  standardized counterfeit-proof prescription pads by

  6  Medicaid-participating prescribers or prescribers who write

  7  prescriptions for Medicaid recipients. The agency may

  8  implement the program in targeted geographic areas or

  9  statewide.

10         6.  The agency may enter into arrangements that require

11  manufacturers of generic drugs prescribed to Medicaid

12  recipients to provide rebates of at least 15.1 percent of the

13  average manufacturer price for the manufacturer's generic

14  products. These arrangements shall require that if a

15  generic-drug manufacturer pays federal rebates for

16  Medicaid-reimbursed drugs at a level below 15.1 percent, the

17  manufacturer must provide a supplemental rebate to the state

18  in an amount necessary to achieve a 15.1-percent rebate level.

19  If a generic-drug manufacturer raises its price in excess of

20  the Consumer Price Index (Urban), the excess amount shall be

21  included in the supplemental rebate to the state.

22         7.  The agency may establish a preferred drug formulary

23  in accordance with 42 U.S.C. s. 1396r-8, and, pursuant to the

24  establishment of such formulary, it is authorized to negotiate

25  supplemental rebates from manufacturers that are in addition

26  to those required by Title XIX of the Social Security Act and

27  at no less than 10 percent of the average manufacturer price

28  as defined in 42 U.S.C. s. 1936 on the last day of a quarter

29  unless the federal or supplemental rebate, or both, equals or

30  exceeds 25 percent. There is no upper limit on the

31  supplemental rebates the agency may negotiate. The agency may


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    CS for CS for SB 792                           First Engrossed



  1  determine that specific products, brand-name or generic, are

  2  competitive at lower rebate percentages. Agreement to pay the

  3  minimum supplemental rebate percentage will guarantee a

  4  manufacturer that the Medicaid Pharmaceutical and Therapeutics

  5  Committee will consider a product for inclusion on the

  6  preferred drug formulary. However, a pharmaceutical

  7  manufacturer is not guaranteed placement on the formulary by

  8  simply paying the minimum supplemental rebate. Agency

  9  decisions will be made on the clinical efficacy of a drug and

10  recommendations of the Medicaid Pharmaceutical and

11  Therapeutics Committee, as well as the price of competing

12  products minus federal and state rebates. The agency is

13  authorized to contract with an outside agency or contractor to

14  conduct negotiations for supplemental rebates. For the

15  purposes of this section, the term "supplemental rebates" may

16  include, at the agency's discretion, cash rebates and other

17  program benefits that offset a Medicaid expenditure. Such

18  other program benefits may include, but are not limited to,

19  disease management programs, drug product donation programs,

20  drug utilization control programs, prescriber and beneficiary

21  counseling and education, fraud and abuse initiatives, and

22  other services or administrative investments with guaranteed

23  savings to the Medicaid program in the same year the rebate

24  reduction is included in the General Appropriations Act. The

25  agency is authorized to seek any federal waivers to implement

26  this initiative.

27         8.  The agency shall establish an advisory committee

28  for the purposes of studying the feasibility of using a

29  restricted drug formulary for nursing home residents and other

30  institutionalized adults. The committee shall be comprised of

31  seven members appointed by the Secretary of Health Care


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  1  Administration. The committee members shall include two

  2  physicians licensed under chapter 458 or chapter 459, Florida

  3  Statutes; three pharmacists licensed under chapter 465,

  4  Florida Statutes, and appointed from a list of recommendations

  5  provided by the Florida Long-Term Care Pharmacy Alliance; and

  6  two pharmacists licensed under chapter 465, Florida Statutes.

  7         (b)  The agency shall implement this subsection to the

  8  extent that funds are appropriated to administer the Medicaid

  9  prescribed-drug spending-control program. The agency may

10  contract all or any part of this program to private

11  organizations.

12         (c)  The agency shall submit a report to the Governor,

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

14  Representatives by January 15 of each year. The report must

15  include, but need not be limited to, the progress made in

16  implementing Medicaid cost-containment measures and their

17  effect on Medicaid prescribed-drug expenditures.

18         (38)  Notwithstanding the provisions of chapter 287,

19  the agency may, at its discretion, renew a contract or

20  contracts for fiscal intermediary services one or more times

21  for such periods as the agency may decide; however, all such

22  renewals may not combine to exceed a total period longer than

23  the term of the original contract.

24         (39)  The agency shall provide for the development of a

25  demonstration project by establishment in Miami-Dade County of

26  a long-term-care facility licensed pursuant to chapter 395 to

27  improve access to health care for a predominantly minority,

28  medically underserved, and medically complex population and to

29  evaluate alternatives to nursing-home care and general acute

30  care for such population.  Such project is to be located in a

31  health care condominium and colocated with licensed facilities


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    CS for CS for SB 792                           First Engrossed



  1  providing a continuum of care.  The establishment of this

  2  project is not subject to the provisions of s. 408.036 or s.

  3  408.039.  The agency shall report its findings to the

  4  Governor, the President of the Senate, and the Speaker of the

  5  House of Representatives by January 1, 2003.

  6         Section 10.  Paragraphs (f) and (k) of subsection (2)

  7  of section 409.9122, Florida Statutes, are amended to read:

  8         409.9122  Mandatory Medicaid managed care enrollment;

  9  programs and procedures.--

10         (2)

11         (f)  When a Medicaid recipient does not choose a

12  managed care plan or MediPass provider, the agency shall

13  assign the Medicaid recipient to a managed care plan or

14  MediPass provider. Medicaid recipients who are subject to

15  mandatory assignment but who fail to make a choice shall be

16  assigned to managed care plans or provider service networks

17  until an equal enrollment of 50 percent in MediPass and

18  provider service networks and 50 percent in managed care plans

19  is achieved.  Once equal enrollment is achieved, the

20  assignments shall be divided in order to maintain an equal

21  enrollment in MediPass and managed care plans for the

22  1998-1999 fiscal year. Thereafter, assignment of Medicaid

23  recipients who fail to make a choice shall be based

24  proportionally on the preferences of recipients who have made

25  a choice in the previous period. Such proportions shall be

26  revised at least quarterly to reflect an update of the

27  preferences of Medicaid recipients. The agency shall also

28  disproportionately assign Medicaid-eligible children in

29  families who are required to but have failed to make a choice

30  of managed-care plan or MediPass for their child and who are

31  to be assigned to the MediPass program to children's networks


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  1  as described in s. 409.912(3)(g) and where available. The

  2  disproportionate assignment of children to children's networks

  3  shall be made until the agency has determined that the

  4  children's networks have sufficient numbers to be economically

  5  operated. When making assignments, the agency shall take into

  6  account the following criteria:

  7         1.  A managed care plan has sufficient network capacity

  8  to meet the need of members.

  9         2.  The managed care plan or MediPass has previously

10  enrolled the recipient as a member, or one of the managed care

11  plan's primary care providers or MediPass providers has

12  previously provided health care to the recipient.

13         3.  The agency has knowledge that the member has

14  previously expressed a preference for a particular managed

15  care plan or MediPass provider as indicated by Medicaid

16  fee-for-service claims data, but has failed to make a choice.

17         4.  The managed care plan's or MediPass primary care

18  providers are geographically accessible to the recipient's

19  residence.

20         (k)1.  Notwithstanding the provisions of paragraph (f),

21  and for the 2000-2001 fiscal year only, When a Medicaid

22  recipient does not choose a managed care plan or MediPass

23  provider, the agency shall assign the Medicaid recipient to a

24  managed care plan, except in those counties in which there are

25  fewer than two managed care plans accepting Medicaid

26  enrollees, in which case assignment shall be to a managed care

27  plan or a MediPass provider. Medicaid recipients in counties

28  with fewer than two managed care plans accepting Medicaid

29  enrollees who are subject to mandatory assignment but who fail

30  to make a choice shall be assigned to managed care plans until

31  an equal enrollment of 50 percent in MediPass and provider


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  1  service networks and 50 percent in managed care plans is

  2  achieved. Once equal enrollment is achieved, the assignments

  3  shall be divided in order to maintain an equal enrollment in

  4  MediPass and managed care plans. When making assignments, the

  5  agency shall take into account the following criteria:

  6         1.a.  A managed care plan has sufficient network

  7  capacity to meet the need of members.

  8         2.b.  The managed care plan or MediPass has previously

  9  enrolled the recipient as a member, or one of the managed care

10  plan's primary care providers or MediPass providers has

11  previously provided health care to the recipient.

12         3.c.  The agency has knowledge that the member has

13  previously expressed a preference for a particular managed

14  care plan or MediPass provider as indicated by Medicaid

15  fee-for-service claims data, but has failed to make a choice.

16         4.d.  The managed care plan's or MediPass primary care

17  providers are geographically accessible to the recipient's

18  residence.

19         5.e.  The agency has authority to make mandatory

20  assignments based on quality of service and performance of

21  managed care plans.

22         2.  This paragraph is repealed on July 1, 2001.

23         Section 11.  Paragraph (a) of subsection (1) and

24  subsection (7) of section 409.915, Florida Statutes, are

25  amended to read:

26         409.915  County contributions to Medicaid.--Although

27  the state is responsible for the full portion of the state

28  share of the matching funds required for the Medicaid program,

29  in order to acquire a certain portion of these funds, the

30  state shall charge the counties for certain items of care and

31  service as provided in this section.


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  1         (1)  Each county shall participate in the following

  2  items of care and service:

  3         (a)  For both health maintenance members and

  4  fee-for-service beneficiaries, payments for inpatient

  5  hospitalization in excess of 10 12 days, but not in excess of

  6  45 days, with the exception of pregnant women and children

  7  whose income is in excess of the federal poverty level and who

  8  do not participate in the Medicaid medically needy program.

  9         (7)  Counties are exempt from contributing toward the

10  cost of new exemptions on inpatient ceilings for statutory

11  teaching hospitals, specialty hospitals, and community

12  hospital education program hospitals that came into effect

13  July 1, 2000, and for special Medicaid payments that came into

14  effect on or after July 1, 2000. Notwithstanding any provision

15  of this section to the contrary, counties are exempt from

16  contributing toward the increased cost of hospital inpatient

17  services due to the elimination of ceilings on Medicaid

18  inpatient reimbursement rates paid to teaching hospitals,

19  specialty hospitals, and community health education program

20  hospitals and for special Medicaid reimbursements to hospitals

21  for which the Legislature has specifically appropriated funds.

22  This subsection is repealed on July 1, 2001.

23         Section 12.  Effective upon this act becoming a law,

24  and notwithstanding sections 409.911, 409.9113, and 409.9117,

25  Florida Statutes, from the funds made available under the

26  Medicare program, the Medicaid program, and the State

27  Children's Health Insurance Program Benefits Improvement and

28  Protection Act of 2000 for the 2001 federal fiscal year,

29  disproportionate share program funds shall be distributed as

30  follows: $13,937,997 to Jackson Memorial; $285,298 to Mount

31  Sinai Medical Center; $313,748 to Orlando Regional Medical


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    CS for CS for SB 792                           First Engrossed



  1  Center; $2,734,019 to Shands - Jacksonville; $1,060,047 to

  2  Shands - University of Florida; $1,683,415 to Tampa General

  3  Hospital; and $2,231,910 to North Broward Hospital District.

  4  Such funds shall be made available in accordance with a budget

  5  amendment and the Medicaid plan amendment submitted prior to

  6  the close of the 2001 federal fiscal year. This section does

  7  not delay implementation of the budget amendment or the

  8  Medicaid plan amendment if such is deemed necessary.

  9         Section 13.  From the funds in Specific Appropriation

10  1002 of the General Appropriations Act for FY 2001-2002,

11  $1,750,000 in non-recurring County Health Department Trust

12  Funds is provided for the following:

13  

14  School Health--Hillsborough County                    $550,000

15  School Health--Broward County                         $500,000

16  School Health--Escambia County                        $200,000

17  School Health--Monroe County                          $200,000

18  School Health--Dade County                            $300,000

19         Section 14.  The certificate-of-need workgroup created

20  by section 15 of Chapter 2000-318, Laws of Florida, shall

21  review and make recommendations regarding the appropriateness

22  of current regulations on services provided in ambulatory

23  surgical centers. The recommendations shall be based on

24  consideration of:

25         (1)  The consistency of the regulations with federal

26  law and federal reimbursement policies;

27         (2)  The effectiveness of the regulations in protecting

28  the public health and safety, promoting the quality of

29  services provided by ambulatory surgical centers, and

30  encouraging the participation of ambulatory surgical centers

31  in the delivery of essential community services; and


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    CS for CS for SB 792                           First Engrossed



  1         (3)  The impact of any change of the current

  2  regulations on the health care market, including:

  3         (a)  The number and location of facilities and

  4  services, whether provided by an ambulatory surgical center or

  5  other licensed health care provider;

  6         (b)  The financial condition of safety net providers;

  7         (c)  The availability of essential community services,

  8  including trauma, emergency care and specialty, tertiary

  9  services; and

10         (d)  The cost and availability of health care services

11  to all classes of patients, including insured, uninsured,

12  underinsured, and Medicare and Medicaid.

13         Section 15.  Paragraphs (r) and (s) are added to

14  subsection (3) of section 408.036, Florida Statutes, to read:

15         408.036  Projects subject to review.--

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

17  are subject to exemption from the provisions of subsection

18  (1):

19         (r)  For the conversion of hospital-based Medicare and

20  Medicaid certified skilled nursing beds to acute care beds, if

21  the conversion does not involve the construction of new

22  facilities.

23         (s)  For fiscal year 2001-2002 only, for transfer by a

24  health care system of existing services and not more than 100

25  licensed and approved beds from a hospital in district 1,

26  subdistrict 1, to another location within the same subdistrict

27  in order to establish a satellite facility that will improve

28  access to outpatient and inpatient care for residents of the

29  district and subdistrict and that will use new medical

30  technologies, including advanced diagnostics, computer

31  


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    CS for CS for SB 792                           First Engrossed



  1  assisted imaging, and telemedicine to improve care. This

  2  paragraph is repealed on July 1, 2002.

  3         Section 16.  It is hereby appropriated for state fiscal

  4  year 2001-2002, $713,493 from the General Revenue Fund and

  5  $924,837 from the Medical Care Trust Fund to increase the

  6  pharmaceutical dispensing fee for prescriptions dispensed to

  7  nursing home residents and other institutional residents from

  8  $4.23 to $4.73 per prescription.

  9         Section 17.  From the funds in Specific Appropriation

10  500 of the General Appropriations Act for FY 2001-2002,

11  $196,000 in General Revenue is provided for the following:

12  

13  Public Guardianship Program - Dade County             $150,000

14  

15  Public Guardianship Program - Collier County          $ 38,000

16  

17  Public Guardianship Program - Escambia County         $  8,000

18         Section 18.  Subsection (1) and paragraph (a) of

19  subsection (7) of section 240.4075, Florida Statutes, are

20  amended to read:

21         240.4075  Nursing Student Loan Forgiveness Program.--

22         (1)  To encourage qualified personnel to seek

23  employment in areas of this state in which critical nursing

24  shortages exist, there is established the Nursing Student Loan

25  Forgiveness Program.  The primary function of the program is

26  to increase employment and retention of registered nurses and

27  licensed practical nurses in nursing homes and hospitals in

28  the state and in state-operated medical and health care

29  facilities, birth centers, federally sponsored community

30  health centers, and teaching hospitals, family practice

31  teaching hospitals, and specialty children's hospitals by


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  1  making repayments toward loans received by students from

  2  federal or state programs or commercial lending institutions

  3  for the support of postsecondary study in accredited or

  4  approved nursing programs.

  5         (7)(a)  Funds contained in the Nursing Student Loan

  6  Forgiveness Trust Fund which are to be used for loan

  7  forgiveness for those nurses employed by hospitals, birth

  8  centers, and nursing homes must be matched on a

  9  dollar-for-dollar basis by contributions from the employing

10  institutions, except that this provision shall not apply to

11  state-operated medical and health care facilities, county

12  health departments, federally sponsored community health

13  centers, or teaching hospitals as defined in s. 408.07, family

14  practice teaching hospitals as defined in s. 395.805, or

15  specialty children's hospitals as described in s. 409.9119.

16  If, in any given fiscal quarter, there are insufficient funds

17  in the trust fund to grant all eligible applicants' requests,

18  awards must be based on the following priority by employer:

19  county health departments, federally sponsored community

20  health centers, state-operated medical and health care

21  facilities, teaching hospitals as defined in s. 408.07, family

22  practice teaching hospitals as defined in s. 395.805,

23  specialty children's hospitals as described in s. 409.9119,

24  and other hospitals, birthing centers, or nursing homes where

25  the match is required.

26         Section 19.  Paragraph (b) of subsection (4) of section

27  240.4076, Florida Statutes, is amended to read:

28         240.4076  Nursing scholarship program.--

29         (4)  Credit for repayment of a scholarship shall be as

30  follows:

31  


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    CS for CS for SB 792                           First Engrossed



  1         (b)  Eligible health care facilities include

  2  state-operated medical or health care facilities, county

  3  health departments, federally sponsored community health

  4  centers, or teaching hospitals as defined in s. 408.07,

  5  nursing homes, family practice teaching hospitals as defined

  6  in s. 395.805, or specialty children's hospitals as described

  7  in s. 409.9119. The recipient shall be encouraged to complete

  8  the service obligation at a single employment site.  If

  9  continuous employment at the same site is not feasible, the

10  recipient may apply to the department for a transfer to

11  another approved health care facility.

12         Section 20.  All the statutory powers, duties, and

13  functions and the records, personnel, property, and unexpended

14  balances of appropriations, allocations, or other funds of the

15  Nursing Student Loan Forgiveness Program are transferred from

16  the Department of Education to the Department of Health by a

17  type two transfer as defined in section 20.06, Florida

18  Statutes.

19         Section 21.  Except as otherwise expressly provided in

20  this act, this act shall take effect July 1, 2001.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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