Senate Bill sb1108e1

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  1                      A bill to be entitled

  2         An act relating to health care; providing an

  3         appropriation for a feasibility study relating

  4         to outsourcing specified functions of the Board

  5         of Dentistry; amending s. 409.8177, F.S.;

  6         requiring the agency to contract for an

  7         evaluation of the Florida Kidcare program;

  8         amending s. 409.904, F.S.; revising provisions

  9         governing optional payments for medical

10         assistance and related services; amending s.

11         409.905, F.S.; providing additional criteria

12         for the agency to adjust a hospital's inpatient

13         per diem rate for Medicaid; amending s.

14         409.906, F.S.; authorizing the agency to make

15         payments for specified services which are

16         optional under Title XIX of the Social Security

17         Act; amending s. 409.912, F.S.; revising

18         provisions governing the purchase of goods and

19         services for Medicaid recipients; providing for

20         quarterly reports to the Governor and presiding

21         officers of the Legislature; amending s.

22         409.9116, F.S.; revising the disproportionate

23         share/financial assistance program for rural

24         hospitals; amending s. 409.9122, F.S.; revising

25         provisions governing mandatory Medicaid managed

26         care enrollment; amending s. 499.012, F.S.;

27         redefining the term "wholesale distribution"

28         with respect to regulation of distribution of

29         prescription drugs; requiring the Agency for

30         Health Care Administration to conduct a study

31         of health care services provided to medically


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  1         fragile or medical-technology-dependent

  2         children; requiring the Agency for Health Care

  3         Administration to conduct a pilot program for a

  4         subacute pediatric transitional care center;

  5         requiring background screening of center

  6         personnel; requiring the agency to amend the

  7         Medicaid state plan and seek federal waivers as

  8         necessary; requiring the center to have an

  9         advisory board; providing for membership on the

10         advisory board; providing requirements for the

11         admission, transfer, and discharge of a child

12         to the center; requiring the agency to submit

13         certain reports to the Legislature; providing

14         guidelines for the agency to distribute

15         disproportionate share funds during the

16         2002-2003 fiscal year; providing an effective

17         date.

18

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

20

21         Section 1.  Section 409.8177, Florida Statutes, is

22  amended to read:

23         409.8177  Program evaluation.--

24         (1)  The agency, in consultation with the Department of

25  Health, the Department of Children and Family Services, and

26  the Florida Healthy Kids Corporation, shall contract for an

27  evaluation of the Florida Kidcare program and shall by January

28  1 of each year submit to the Governor, the President of the

29  Senate, and the Speaker of the House of Representatives a

30  report of the Florida Kidcare program. In addition to the

31  items specified under s. 2108 of Title XXI of the Social


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  1  Security Act, the report shall include an assessment of

  2  crowd-out and access to health care, as well as the following:

  3         (a)(1)  An assessment of the operation of the program,

  4  including the progress made in reducing the number of

  5  uncovered low-income children.

  6         (b)(2)  An assessment of the effectiveness in

  7  increasing the number of children with creditable health

  8  coverage, including an assessment of the impact of outreach.

  9         (c)(3)  The characteristics of the children and

10  families assisted under the program, including ages of the

11  children, family income, and access to or coverage by other

12  health insurance prior to the program and after disenrollment

13  from the program.

14         (d)(4)  The quality of health coverage provided,

15  including the types of benefits provided.

16         (e)(5)  The amount and level, including payment of part

17  or all of any premium, of assistance provided.

18         (f)(6)  The average length of coverage of a child under

19  the program.

20         (g)(7)  The program's choice of health benefits

21  coverage and other methods used for providing child health

22  assistance.

23         (h)(8)  The sources of nonfederal funding used in the

24  program.

25         (i)(9)  An assessment of the effectiveness of Medikids,

26  Children's Medical Services network, and other public and

27  private programs in the state in increasing the availability

28  of affordable quality health insurance and health care for

29  children.

30         (j)(10)  A review and assessment of state activities to

31  coordinate the program with other public and private programs.


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  1         (k)(11)  An analysis of changes and trends in the state

  2  that affect the provision of health insurance and health care

  3  to children.

  4         (l)(12)  A description of any plans the state has for

  5  improving the availability of health insurance and health care

  6  for children.

  7         (m)(13)  Recommendations for improving the program.

  8         (n)(14)  Other studies as necessary.

  9         (2)  The agency shall also submit each month to the

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

11  House of Representatives a report of enrollment for each

12  program component of the Florida Kidcare program.

13         Section 2.  Effective July 1, 2002, subsection (2) of

14  section 409.904, Florida Statutes, as amended by section 2 of

15  chapter 2001-377, Laws of Florida, is amended to read:

16         409.904  Optional payments for eligible persons.--The

17  agency may make payments for medical assistance and related

18  services on behalf of the following persons who are determined

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

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

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

22  availability of moneys and any limitations established by the

23  General Appropriations Act or chapter 216.

24         (2)(a)  A family, a pregnant woman, a child under age

25  19 who would otherwise qualify for Florida Kidcare Medicaid, a

26  child up to age 21 who would otherwise qualify under s.

27  409.903(1), a person age 65 or over, or a blind or disabled

28  person who would otherwise be eligible for Florida Medicaid,

29  except that the income or assets of such family or person

30  exceed established limitations. A pregnant woman who would

31  otherwise qualify for Medicaid under s. 409.903(5) except for


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  1  her level of income and whose assets fall within the limits

  2  established by the Department of Children and Family Services

  3  for the medically needy.  A pregnant woman who applies for

  4  medically needy eligibility may not be made presumptively

  5  eligible.

  6         (b)  A child under age 21 who would otherwise qualify

  7  for Medicaid or the Florida Kidcare program except for the

  8  family's level of income and whose assets fall within the

  9  limits established by the Department of Children and Family

10  Services for the medically needy.

11

12  For a family or person in this group, medical expenses are

13  deductible from income in accordance with federal requirements

14  in order to make a determination of eligibility. Expenses used

15  to meet spend-down liability are not reimbursable by Medicaid.

16  The medically-needy income levels in effect on July 1, 2001,

17  are increased by $270 effective July 1, 2002. A family or

18  person in this group, which group is known as the "medically

19  needy," is eligible to receive the same services as other

20  Medicaid recipients, with the exception of services in skilled

21  nursing facilities and intermediate care facilities for the

22  developmentally disabled.

23         Section 3.  Paragraph (c) of subsection (5) of section

24  409.905, Florida Statutes, is amended to read:

25         409.905  Mandatory Medicaid services.--The agency may

26  make payments for the following services, which are required

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

28  furnished by Medicaid providers to recipients who are

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

30  were provided. Any service under this section shall be

31  provided only when medically necessary and in accordance with


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  1  state and federal law. Mandatory services rendered by

  2  providers in mobile units to Medicaid recipients may be

  3  restricted by the agency. Nothing in this section shall be

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

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

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

  7  the availability of moneys and any limitations or directions

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

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

10  for all covered services provided for the medical care and

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

12  licensed physician or dentist to a hospital licensed under

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

14  payment for inpatient hospital services for a Medicaid

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

16  days necessary to comply with the General Appropriations Act.

17         (c)  Agency for Health Care Administration shall adjust

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

19  cost of serving the Medicaid population at that institution

20  if:

21         1.  The hospital experiences an increase in Medicaid

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

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

24  area occurring after July 1, 1995; or

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

26  25 percent below the Medicaid per patient cost for that year;

27  or.

28         3.  The hospital is located in a county that has five

29  or fewer hospitals, began offering obstetrical services on or

30  after September 1999, and has submitted a request in writing

31  to the agency for a rate adjustment after July 1, 2000, but


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  1  before September 30, 2000, in which case such hospital's

  2  Medicaid inpatient per diem rate shall be adjusted to cost,

  3  effective July 1, 2002. Effective July 1, 2003, for subsequent

  4  rate semesters, such hospital's rate will be set in accordance

  5  with the methodology of the Medicaid inpatient reimbursement

  6  plan.

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  8  No later than October 1 of each year November 1, 2001, the

  9  agency must provide estimated costs for any adjustment in a

10  hospital inpatient per diem pursuant to this paragraph to the

11  Executive Office of the Governor, the House of Representatives

12  General Appropriations Committee, and the Senate

13  Appropriations Committee. Before the agency implements a

14  change in a hospital's inpatient per diem rate pursuant to

15  this paragraph, the Legislature must have specifically

16  appropriated sufficient funds in the General Appropriations

17  Act to support the increase in cost as estimated by the

18  agency.

19         Section 4.  Effective July 1, 2002, subsections (1),

20  (12), and (23) of section 409.906, Florida Statutes, as

21  amended by section 3 of chapter 2001-377, Laws of Florida, are

22  amended to read:

23         409.906  Optional Medicaid services.--Subject to

24  specific appropriations, the agency may make payments for

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

26  the Social Security Act and are furnished by Medicaid

27  providers to recipients who are determined to be eligible on

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

29  service that is provided shall be provided only when medically

30  necessary and in accordance with state and federal law.

31  Optional services rendered by providers in mobile units to


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  1  Medicaid recipients may be restricted or prohibited by the

  2  agency. Nothing in this section shall be construed to prevent

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

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

  5  making any other adjustments necessary to comply with the

  6  availability of moneys and any limitations or directions

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

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

  9  services to elderly and disabled persons and subject to the

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

11  direct the Agency for Health Care Administration to amend the

12  Medicaid state plan to delete the optional Medicaid service

13  known as "Intermediate Care Facilities for the Developmentally

14  Disabled."  Optional services may include:

15         (1)  ADULT DENTURE SERVICES.--The agency may pay for

16  dentures, the procedures required to seat dentures, and the

17  repair and reline of dentures, provided by or under the

18  direction of a licensed dentist, for a recipient who is age 21

19  or older. However, Medicaid will not provide reimbursement for

20  dental services provided in a mobile dental unit, except for a

21  mobile dental unit:

22         (a)  Owned by, operated by, or having a contractual

23  agreement with the Department of Health and complying with

24  Medicaid's county health department clinic services program

25  specifications as a county health department clinic services

26  provider.

27         (b)  Owned by, operated by, or having a contractual

28  arrangement with a federally qualified health center and

29  complying with Medicaid's federally qualified health center

30  specifications as a federally qualified health center

31  provider.


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  1         (c)  Rendering dental services to Medicaid recipients,

  2  21 years of age and older, at nursing facilities.

  3         (d)  Owned by, operated by, or having a contractual

  4  agreement with a state-approved dental educational

  5  institution.

  6         (e)  This subsection is repealed July 1, 2002.

  7         (12)  CHILDREN'S HEARING SERVICES.--The agency may pay

  8  for hearing and related services, including hearing

  9  evaluations, hearing aid devices, dispensing of the hearing

10  aid, and related repairs, if provided to a recipient under age

11  21 by a licensed hearing aid specialist, otolaryngologist,

12  otologist, audiologist, or physician.

13         (23)  CHILDREN'S VISUAL SERVICES.--The agency may pay

14  for visual examinations, eyeglasses, and eyeglass repairs for

15  a recipient under age 21, if they are prescribed by a licensed

16  physician specializing in diseases of the eye or by a licensed

17  optometrist.

18         Section 5.  Section 409.912, Florida Statutes, as

19  amended by sections 8 and 9 of chapter 2001-377, Laws of

20  Florida, is amended to read:

21         409.912  Cost-effective purchasing of health care.--The

22  agency shall purchase goods and services for Medicaid

23  recipients in the most cost-effective manner consistent with

24  the delivery of quality medical care.  The agency shall

25  maximize the use of prepaid per capita and prepaid aggregate

26  fixed-sum basis services when appropriate and other

27  alternative service delivery and reimbursement methodologies,

28  including competitive bidding pursuant to s. 287.057, designed

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

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

31  minimize the exposure of recipients to the need for acute


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  1  inpatient, custodial, and other institutional care and the

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

  3  agency may establish prior authorization requirements for

  4  certain populations of Medicaid beneficiaries, certain drug

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

  6  and possible dangerous drug interactions. The Pharmaceutical

  7  and Therapeutics Committee, established pursuant to s.

  8  409.91195, shall make recommendations to the agency on drugs

  9  for which prior authorization is required, and. the agency

10  shall inform the Pharmaceutical and Therapeutics committee of

11  its decisions regarding drugs subject to prior authorization.

12         (1)  The agency may enter into agreements with

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

14  the Federal Government and accept such duties in respect to

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

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

17  409.901-409.920.

18         (2)  The agency may contract with health maintenance

19  organizations certified pursuant to part I of chapter 641 for

20  the provision of services to recipients.

21         (3)  The agency may contract with:

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

23  services other than Medicaid services under contract with the

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

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

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

27  to recipients, which entity may provide such prepaid services

28  either directly or through arrangements with other providers.

29  Such prepaid health care services entities must be licensed

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

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


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  1  recognized under this paragraph which demonstrates to the

  2  satisfaction of the Department of Insurance that it is backed

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

  4  located may be exempted from s. 641.225.

  5         (b)  An entity that is providing comprehensive

  6  behavioral health care services to certain Medicaid recipients

  7  through a capitated, prepaid arrangement pursuant to the

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

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

10  641 and must possess the clinical systems and operational

11  competence to manage risk and provide comprehensive behavioral

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

13  the term "comprehensive behavioral health care services" means

14  covered mental health and substance abuse treatment services

15  that are available to Medicaid recipients. The secretary of

16  the Department of Children and Family Services shall approve

17  provisions of procurements related to children in the

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

19  in a prepaid behavioral health plan. Any contract awarded

20  under this paragraph must be competitively procured. In

21  developing the behavioral health care prepaid plan procurement

22  document, the agency shall ensure that the procurement

23  document requires the contractor to develop and implement a

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

25  provided to residents of licensed assisted living facilities

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

27  ensure that Medicaid recipients have available the choice of

28  at least two managed care plans for their behavioral health

29  care services. The agency may reimburse for

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

31


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  1  until the agency finds that adequate funds are available for

  2  capitated, prepaid arrangements.

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

  4  contracts with the entities providing comprehensive inpatient

  5  and outpatient mental health care services to Medicaid

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

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

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

  9  with entities providing comprehensive behavioral health care

10  services to Medicaid recipients through capitated, prepaid

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

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

13  and Walton Counties. The agency may contract with entities

14  providing comprehensive behavioral health care services to

15  Medicaid recipients through capitated, prepaid arrangements in

16  Alachua County. The agency may determine if Sarasota County

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

18  any other agency geographic area.

19         3.  Children residing in a Department of Juvenile

20  Justice residential program approved as a Medicaid behavioral

21  health overlay services provider shall not be included in a

22  behavioral health care prepaid health plan pursuant to this

23  paragraph.

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

25  agency shall in its procurement document require an entity

26  providing comprehensive behavioral health care services to

27  prevent the displacement of indigent care patients by

28  enrollees in the Medicaid prepaid health plan providing

29  behavioral health care services from facilities receiving

30  state funding to provide indigent behavioral health care, to

31  facilities licensed under chapter 395 which do not receive


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  1  state funding for indigent behavioral health care, or

  2  reimburse the unsubsidized facility for the cost of behavioral

  3  health care provided to the displaced indigent care patient.

  4         5.  Traditional community mental health providers under

  5  contract with the Department of Children and Family Services

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

  7  providers licensed pursuant to chapter 395 must be offered an

  8  opportunity to accept or decline a contract to participate in

  9  any provider network for prepaid behavioral health services.

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

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

12  entity owned by other migrant and community health centers

13  receiving non-Medicaid financial support from the Federal

14  Government to provide health care services on a prepaid or

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

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

17  chapter 641, but shall be prohibited from serving Medicaid

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

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

20  if the entity meets the requirements specified in subsections

21  (14) and (15).

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

23  demonstration projects to test Medicaid direct contracting.

24  The demonstration projects may be reimbursed on a

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

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

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

28  appropriate financial reserve, quality assurance, and patient

29  rights requirements as established by the agency.  The agency

30  shall award contracts on a competitive bid basis and shall

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


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  1  recipients assigned to a demonstration project shall be chosen

  2  equally from those who would otherwise have been assigned to

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

  4  federal Medicaid waivers as necessary to implement the

  5  provisions of this section.  A demonstration project awarded

  6  pursuant to this paragraph shall be for 4 years from the date

  7  of implementation.

  8         (e)  An entity that provides comprehensive behavioral

  9  health care services to certain Medicaid recipients through an

10  administrative services organization agreement. Such an entity

11  must possess the clinical systems and operational competence

12  to provide comprehensive health care to Medicaid recipients.

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

14  health care services" means covered mental health and

15  substance abuse treatment services that are available to

16  Medicaid recipients. Any contract awarded under this paragraph

17  must be competitively procured. The agency must ensure that

18  Medicaid recipients have available the choice of at least two

19  managed care plans for their behavioral health care services.

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

21  provides in-home physician services to Medicaid recipients

22  with degenerative neurological diseases in order to test the

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

24  entity providing the services shall be reimbursed on a

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

26  Medicare reimbursement rates. The agency may apply for waivers

27  of federal regulations necessary to implement such program.

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

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

30  coordination and care management for Medicaid-eligible

31  pediatric patients, primary care, authorization of specialty


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  1  care, and other urgent and emergency care through organized

  2  providers designed to service Medicaid eligibles under age 18

  3  and pediatric emergency departments' diversion programs. The

  4  networks shall provide after-hour operations, including

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

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

  7  departments.

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

  9  entity otherwise authorized by this section on a prepaid or

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

11  recipients. An entity may provide prepaid services to

12  recipients, either directly or through arrangements with other

13  entities, if each entity involved in providing services:

14         (a)  Is organized primarily for the purpose of

15  providing health care or other services of the type regularly

16  offered to Medicaid recipients;

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

18  the agency for quality, appropriateness, and timeliness;

19         (c)  Makes provisions satisfactory to the agency for

20  insolvency protection and ensures that neither enrolled

21  Medicaid recipients nor the agency will be liable for the

22  debts of the entity;

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

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

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

26  equivalent liquid assets excluding revenues from Medicaid

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

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

29         (e)  Furnishes evidence satisfactory to the agency of

30  adequate liability insurance coverage or an adequate plan of

31


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

  2  of the furnishing of health care;

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

  4  periodic review of its medical facilities and services, as

  5  required by the agency; and

  6         (g)  Provides organizational, operational, financial,

  7  and other information required by the agency.

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

  9  basis with any health insurer that:

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

11  Medicaid recipients in exchange for a premium payment paid by

12  the agency;

13         (b)  Assumes the underwriting risk; and

14         (c)  Is organized and licensed under applicable

15  provisions of the Florida Insurance Code and is currently in

16  good standing with the Department of Insurance.

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

18  basis with an exclusive provider organization to provide

19  health care services to Medicaid recipients provided that the

20  exclusive provider organization meets applicable managed care

21  plan requirements in this section, ss. 409.9122, 409.9123,

22  409.9128, and 627.6472, and other applicable provisions of

23  law.

24         (7)  The Agency for Health Care Administration may

25  provide cost-effective purchasing of chiropractic services on

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

27  arrangements with a statewide chiropractic preferred provider

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

29  corporation.  The agency shall ensure that the benefit limits

30  and prior authorization requirements in the current Medicaid

31


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  1  program shall apply to the services provided by the

  2  chiropractic preferred provider organization.

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

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

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

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

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

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

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

10  to:

11         (a)  Fraud;

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

13  including those proscribing price fixing between competitors

14  and the allocation of customers among competitors;

15         (c)  Commission of a felony involving embezzlement,

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

17  destruction of records, making false statements, receiving

18  stolen property, making false claims, or obstruction of

19  justice; or

20         (d)  Any crime in any jurisdiction which directly

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

22  fixed-sum basis.

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

24  apply for waivers of applicable federal laws and regulations

25  as necessary to implement more appropriate systems of health

26  care for Medicaid recipients and reduce the cost of the

27  Medicaid program to the state and federal governments and

28  shall implement such programs, after legislative approval,

29  within a reasonable period of time after federal approval.

30  These programs must be designed primarily to reduce the need

31


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    CS for SB 1108                                 First Engrossed



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

  2  institutional care, and other high-cost services.

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

  4  waiver as authorized by this subsection, the agency shall

  5  provide notice and an opportunity for public comment.  Notice

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

  7  agency for advance notice and shall be published in the

  8  Florida Administrative Weekly not less than 28 days prior to

  9  the intended action.

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

11  appropriated to the Department of Elderly Affairs for the

12  Assisted Living for the Elderly Medicaid waiver and are not

13  expended shall be transferred to the agency to fund

14  Medicaid-reimbursed nursing home care.

15         (10)  The agency shall establish a postpayment

16  utilization control program designed to identify recipients

17  who may inappropriately overuse or underuse Medicaid services

18  and shall provide methods to correct such misuse.

19         (11)  The agency shall develop and provide coordinated

20  systems of care for Medicaid recipients and may contract with

21  public or private entities to develop and administer such

22  systems of care among public and private health care providers

23  in a given geographic area.

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

25  operation of utilization management and incentive systems

26  designed to encourage cost-effective use services.

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

28  utilization and price patterns within the Medicaid program

29  which are not cost-effective or medically appropriate and

30  assess the effectiveness of new or alternate methods of

31  providing and monitoring service, and may implement such


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    CS for SB 1108                                 First Engrossed



  1  methods as it considers appropriate. Such methods may include

  2  disease management initiatives, an integrated and systematic

  3  approach for managing the health care needs of recipients who

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

  5  best practices, prevention strategies, clinical-practice

  6  improvement, clinical interventions and protocols, outcomes

  7  research, information technology, and other tools and

  8  resources to reduce overall costs and improve measurable

  9  outcomes.

10         (b)  The responsibility of the agency under this

11  subsection shall include the development of capabilities to

12  identify actual and optimal practice patterns; patient and

13  provider educational initiatives; methods for determining

14  patient compliance with prescribed treatments; fraud, waste,

15  and abuse prevention and detection programs; and beneficiary

16  case management programs.

17         1.  The practice pattern identification program shall

18  evaluate practitioner prescribing patterns based on national

19  and regional practice guidelines, comparing practitioners to

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

21  Board shall consult with a panel of practicing health care

22  professionals consisting of the following: the Speaker of the

23  House of Representatives and the President of the Senate shall

24  each appoint three physicians licensed under chapter 458 or

25  chapter 459; and the Governor shall appoint two pharmacists

26  licensed under chapter 465 and one dentist licensed under

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

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

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

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

31  panel shall be responsible for evaluating treatment guidelines


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    CS for SB 1108                                 First Engrossed



  1  and recommending ways to incorporate their use in the practice

  2  pattern identification program. Practitioners who are

  3  prescribing inappropriately or inefficiently, as determined by

  4  the agency, may have their prescribing of certain drugs

  5  subject to prior authorization.

  6         2.  The agency shall also develop educational

  7  interventions designed to promote the proper use of

  8  medications by providers and beneficiaries.

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

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

11  of credit requirement for participating pharmacies, enhanced

12  provider auditing practices, the use of additional fraud and

13  abuse software, recipient management programs for

14  beneficiaries inappropriately using their benefits, and other

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

16  and abuse. The initiative shall address enforcement efforts to

17  reduce the number and use of counterfeit prescriptions.

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

19  to implement this paragraph.

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

21  basis shall, in addition to meeting any applicable statutory

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

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

24  allowable as admitted assets by the Department of Insurance,

25  and restricted funds or deposits controlled by the agency or

26  the Department of Insurance, a surplus amount equal to

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

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

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

30  entity's surplus falls below an amount equal to

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


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    CS for SB 1108                                 First Engrossed



  1  revenues, the agency shall prohibit the entity from engaging

  2  in marketing and preenrollment activities, shall cease to

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

  4  contract until the required balance is achieved.  The

  5  requirements of this subsection do not apply:

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

  7  incurred by the contracting entity; or

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

  9  guaranteed in writing by a guaranteeing organization which:

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

11  assets in excess of $50 million; or

12         2.  Submits a written guarantee acceptable to the

13  agency which is irrevocable during the term of the contracting

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

15  contract, until the agency receives proof of satisfaction of

16  all outstanding obligations incurred under the contract.

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

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

19  insolvency protection account with a federally guaranteed

20  financial institution licensed to do business in this state.

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

22  capitation payments made by the agency each month until a

23  maximum total of 2 percent of the total current contract

24  amount is reached. The restricted insolvency protection

25  account may be drawn upon with the authorized signatures of

26  two persons designated by the entity and two representatives

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

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

29  the two authorized signatures of representatives of the

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

31  obligations incurred by the entity under the prepaid contract.


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    CS for SB 1108                                 First Engrossed



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

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

  3  upon receipt of proof of satisfaction of all outstanding

  4  obligations incurred under this contract.

  5         (b)  The agency may waive the insolvency protection

  6  account requirement in writing when evidence is on file with

  7  the agency of adequate insolvency insurance and reinsurance

  8  that will protect enrollees if the entity becomes unable to

  9  meet its obligations.

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

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

12  services shall reimburse any hospital or physician that is

13  outside the entity's authorized geographic service area as

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

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

16  negotiated with the hospital or physician for the provision of

17  services or according to the lesser of the following:

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

19  general public by the hospital or physician; or

20         (b)  The Florida Medicaid reimbursement rate

21  established for the hospital or physician.

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

23  prepaid contractor has been approved by the Department of

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

25  the assignment or transfer of the appropriate Medicaid prepaid

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

27  acquisition if the contractor and the other entity have been

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

29  period, unless the agency determines that the assignment or

30  transfer would be detrimental to the Medicaid recipients or

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


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    CS for SB 1108                                 First Engrossed



  1  not have failed accreditation or committed any material

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

  3  Medicaid contract requirements.  For purposes of this section,

  4  a merger or acquisition means a change in controlling interest

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

  6         (18)  Any entity contracting with the agency pursuant

  7  to this section to provide health care services to Medicaid

  8  recipients is prohibited from engaging in any of the following

  9  practices or activities:

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

11  not limited to, attempts to discourage participation on the

12  basis of actual or perceived health status.

13         (b)  Activities that could mislead or confuse

14  recipients, or misrepresent the organization, its marketing

15  representatives, or the agency. Violations of this paragraph

16  include, but are not limited to:

17         1.  False or misleading claims that marketing

18  representatives are employees or representatives of the state

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

20  organization by whom they are reimbursed.

21         2.  False or misleading claims that the entity is

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

23  any other organization which has not certified its endorsement

24  in writing to the entity.

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

26  recommends that a Medicaid recipient enroll with an entity.

27         4.  Claims that a Medicaid recipient will lose benefits

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

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

30  recipient does not enroll with the entity.

31


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    CS for SB 1108                                 First Engrossed



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

  2  valuable consideration for enrollment, except as authorized by

  3  subsection (21).

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

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

  6  make a presentation.

  7         (e)  Solicitation of Medicaid recipients by marketing

  8  representatives stationed in state offices unless approved and

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

10  affected state agency when solicitation occurs in an office of

11  the state agency.  The agency shall ensure that marketing

12  representatives stationed in state offices shall market their

13  managed care plans to Medicaid recipients only in designated

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

15  recipients' activities in the state office.

16         (f)  Enrollment of Medicaid recipients.

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

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

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

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

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

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

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

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

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

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

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

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

29  action.

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

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


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    CS for SB 1108                                 First Engrossed



  1  agency for the provision of health care services to Medicaid

  2  recipients may not use or distribute marketing materials used

  3  to solicit Medicaid recipients, unless such materials have

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

  5  do not apply to general advertising and marketing materials

  6  used by a health maintenance organization to solicit both

  7  non-Medicaid subscribers and Medicaid recipients.

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

  9  organizations and persons or entities exempt from chapter 641

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

11  health care services to Medicaid recipients may be permitted

12  within the capitation rate to provide additional health

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

14  practicably available, provide reasonable value to the

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

16  state.

17         (22)  The agency shall utilize the statewide health

18  maintenance organization complaint hotline for the purpose of

19  investigating and resolving Medicaid and prepaid health plan

20  complaints, maintaining a record of complaints and confirmed

21  problems, and receiving disenrollment requests made by

22  recipients.

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

24  health maintenance organization's and the prepaid health

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

26  telephone number of the statewide health maintenance

27  organization complaint hotline on each Medicaid identification

28  card issued by a health maintenance organization or prepaid

29  health plan contracting with the agency to serve Medicaid

30  recipients and on each subscriber handbook issued to a

31  Medicaid recipient.


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    CS for SB 1108                                 First Engrossed



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

  2  improvement system for those entities contracting with the

  3  agency pursuant to this section, incorporating all the

  4  standards and guidelines developed by the Medicaid Bureau of

  5  the Health Care Financing Administration as a part of the

  6  quality assurance reform initiative.  The system shall

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

  8         (a)  Guidelines for internal quality assurance

  9  programs, including standards for:

10         1.  Written quality assurance program descriptions.

11         2.  Responsibilities of the governing body for

12  monitoring, evaluating, and making improvements to care.

13         3.  An active quality assurance committee.

14         4.  Quality assurance program supervision.

15         5.  Requiring the program to have adequate resources to

16  effectively carry out its specified activities.

17         6.  Provider participation in the quality assurance

18  program.

19         7.  Delegation of quality assurance program activities.

20         8.  Credentialing and recredentialing.

21         9.  Enrollee rights and responsibilities.

22         10.  Availability and accessibility to services and

23  care.

24         11.  Ambulatory care facilities.

25         12.  Accessibility and availability of medical records,

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

27         13.  Utilization review.

28         14.  A continuity of care system.

29         15.  Quality assurance program documentation.

30         16.  Coordination of quality assurance activity with

31  other management activity.


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    CS for SB 1108                                 First Engrossed



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

  2  elderly and disabled recipients, especially those who are at

  3  risk of institutional placement; to persons with developmental

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

  5  medical conditions.

  6         (b)  Guidelines which require the entities to conduct

  7  quality-of-care studies which:

  8         1.  Target specific conditions and specific health

  9  service delivery issues for focused monitoring and evaluation.

10         2.  Use clinical care standards or practice guidelines

11  to objectively evaluate the care the entity delivers or fails

12  to deliver for the targeted clinical conditions and health

13  services delivery issues.

14         3.  Use quality indicators derived from the clinical

15  care standards or practice guidelines to screen and monitor

16  care and services delivered.

17         (c)  Guidelines for external quality review of each

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

19  individual care review in specific situations; and followup

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

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

22  quality review function and determining how it is to operate

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

24  agency shall construct its external quality review

25  organization and entity contracts to address each of the

26  following:

27         1.  Delineating the role of the external quality review

28  organization.

29         2.  Length of the external quality review organization

30  contract with the state.

31


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    CS for SB 1108                                 First Engrossed



  1         3.  Participation of the contracting entities in

  2  designing external quality review organization review

  3  activities.

  4         4.  Potential variation in the type of clinical

  5  conditions and health services delivery issues to be studied

  6  at each plan.

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

  8  studies to be conducted for each plan.

  9         6.  Methods for implementing focused studies.

10         7.  Individual care review.

11         8.  Followup activities.

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

13  care services for which an entity has already been

14  compensated, an entity contracting with the agency pursuant to

15  this section shall achieve an annual Early and Periodic

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

17  rate of at least 60 percent for those recipients continuously

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

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

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

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

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

23  established in the corrective action plan during the specified

24  timeframe, the agency is authorized to impose appropriate

25  contract sanctions.  At least annually, the agency shall

26  publicly release the EPSDT Services screening rates of each

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

28  Medicaid recipients.

29         (26)  The agency shall perform enrollments and

30  disenrollments for Medicaid recipients who are eligible for

31  MediPass or managed care plans.  Notwithstanding the


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    CS for SB 1108                                 First Engrossed



  1  prohibition contained in paragraph (18)(f), managed care plans

  2  may perform preenrollments of Medicaid recipients under the

  3  supervision of the agency or its agents.  For the purposes of

  4  this section, "preenrollment" means the provision of marketing

  5  and educational materials to a Medicaid recipient and

  6  assistance in completing the application forms, but shall not

  7  include actual enrollment into a managed care plan.  An

  8  application for enrollment shall not be deemed complete until

  9  the agency or its agent verifies that the recipient made an

10  informed, voluntary choice.  The agency, in cooperation with

11  the Department of Children and Family Services, may test new

12  marketing initiatives to inform Medicaid recipients about

13  their managed care options at selected sites.  The agency

14  shall report to the Legislature on the effectiveness of such

15  initiatives.  The agency may contract with a third party to

16  perform managed care plan and MediPass enrollment and

17  disenrollment services for Medicaid recipients and is

18  authorized to adopt rules to implement such services. The

19  agency may adjust the capitation rate only to cover the costs

20  of a third-party enrollment and disenrollment contract, and

21  for agency supervision and management of the managed care plan

22  enrollment and disenrollment contract.

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

24  recipients, MediPass enrollees, or managed care plan enrollees

25  shall be arranged alphabetically showing the provider's name

26  and specialty and, separately, by specialty in alphabetical

27  order.

28         (28)  The agency shall establish an enhanced managed

29  care quality assurance oversight function, to include at least

30  the following components:

31


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    CS for SB 1108                                 First Engrossed



  1         (a)  At least quarterly analysis and followup,

  2  including sanctions as appropriate, of managed care

  3  participant utilization of services.

  4         (b)  At least quarterly analysis and followup,

  5  including sanctions as appropriate, of quality findings of the

  6  Medicaid peer review organization and other external quality

  7  assurance programs.

  8         (c)  At least quarterly analysis and followup,

  9  including sanctions as appropriate, of the fiscal viability of

10  managed care plans.

11         (d)  At least quarterly analysis and followup,

12  including sanctions as appropriate, of managed care

13  participant satisfaction and disenrollment surveys.

14         (e)  The agency shall conduct regular and ongoing

15  Medicaid recipient satisfaction surveys.

16

17  The analyses and followup activities conducted by the agency

18  under its enhanced managed care quality assurance oversight

19  function shall not duplicate the activities of accreditation

20  reviewers for entities regulated under part III of chapter

21  641, but may include a review of the finding of such

22  reviewers.

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

24  with the agency to provide health care services to Medicaid

25  recipients shall annually conduct a background check with the

26  Florida Department of Law Enforcement of all persons with

27  ownership interest of 5 percent or more or executive

28  management responsibility for the managed care plan and shall

29  submit to the agency information concerning any such person

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

31


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    CS for SB 1108                                 First Engrossed



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

  2  offenses listed in s. 435.03.

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

  4  whereby a Medicaid managed care plan enrollee who wishes to

  5  enter hospice care may be disenrolled from the managed care

  6  plan within 24 hours after contacting the agency regarding

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

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

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

10  disenrollment occurs.

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

12  agency to provide health care services to Medicaid recipients

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

14  provisions of s. 641.513 in providing emergency services and

15  care to Medicaid recipients and MediPass recipients.

16         (32)  All entities providing health care services to

17  Medicaid recipients shall make available, and encourage all

18  pregnant women and mothers with infants to receive, and

19  provide documentation in the medical records to reflect, the

20  following:

21         (a)  Healthy Start prenatal or infant screening.

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

23  other factors indicate need.

24         (c)  Healthy Start enhanced services in accordance with

25  the prenatal or infant screening results.

26         (d)  Immunizations in accordance with recommendations

27  of the Advisory Committee on Immunization Practices of the

28  United States Public Health Service and the American Academy

29  of Pediatrics, as appropriate.

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

31  women and their partners.


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    CS for SB 1108                                 First Engrossed



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

  2  voluntary family planning, to include discussion of all

  3  methods of contraception, as appropriate.

  4         (g)  Referral to the Special Supplemental Nutrition

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

  6         (33)  Any entity that provides Medicaid prepaid health

  7  plan services shall ensure the appropriate coordination of

  8  health care services with an assisted living facility in cases

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

10  prepaid health plan and a resident of the assisted living

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

12  management and behavioral health services, the entity shall

13  inform the assisted living facility of the procedures to

14  follow should an emergent condition arise.

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

16  necessary to provide for cost-effective purchasing of home

17  health services, private duty nursing services,

18  transportation, independent laboratory services, and durable

19  medical equipment and supplies through competitive bidding

20  pursuant to s. 287.057. The agency may request appropriate

21  waivers from the federal Health Care Financing Administration

22  in order to competitively bid such services. The agency may

23  exclude providers not selected through the bidding process

24  from the Medicaid provider network.

25         (35)  The Agency for Health Care Administration is

26  directed to issue a request for proposal or intent to

27  negotiate to implement on a demonstration basis an outpatient

28  specialty services pilot project in a rural and urban county

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

30  "outpatient specialty services" means clinical laboratory,

31  diagnostic imaging, and specified home medical services to


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    CS for SB 1108                                 First Engrossed



  1  include durable medical equipment, prosthetics and orthotics,

  2  and infusion therapy.

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

  4  Medicaid managed care outpatient specialty services must, at a

  5  minimum, meet the following criteria:

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

  7  Insurance under part II of chapter 641.

  8         2.  The entity must be experienced in providing

  9  outpatient specialty services.

10         3.  The entity must demonstrate to the satisfaction of

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

12  patients.

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

14  complaints and grievance process to assist Medicaid recipients

15  enrolled in the pilot managed care program to resolve

16  complaints and grievances.

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

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

19  be to determine the cost-effectiveness and effects on

20  utilization, access, and quality of providing outpatient

21  specialty services to Medicaid recipients on a prepaid,

22  capitated basis.

23         (c)  The agency shall conduct a quality assurance

24  review of the prepaid health clinic each year that the

25  demonstration program is in effect. The prepaid health clinic

26  is responsible for all expenses incurred by the agency in

27  conducting a quality assurance review.

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

29  outpatient specialty services to Medicaid recipients shall

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

31


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    CS for SB 1108                                 First Engrossed



  1  the agency, for the purpose of conducting the evaluation

  2  required in paragraph (e).

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

  4  pilot managed care program and report its findings to the

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

  6         (36)  The agency shall enter into agreements with

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

  8  purpose of providing vision screening.

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

10  prescribed-drug spending-control program that includes the

11  following components:

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

13  drugs for adult Medicaid recipients is limited to the

14  dispensing of four brand-name drugs per month per recipient.

15  Children are exempt from this restriction. Antiretroviral

16  agents are excluded from this limitation. No requirements for

17  prior authorization or other restrictions on medications used

18  to treat mental illnesses such as schizophrenia, severe

19  depression, or bipolar disorder may be imposed on Medicaid

20  recipients. Medications that will be available without

21  restriction for persons with mental illnesses include atypical

22  antipsychotic medications, conventional antipsychotic

23  medications, selective serotonin reuptake inhibitors, and

24  other medications used for the treatment of serious mental

25  illnesses. The agency shall also limit the amount of a

26  prescribed drug dispensed to no more than a 34-day supply. The

27  agency shall continue to provide unlimited generic drugs,

28  contraceptive drugs and items, and diabetic supplies. Although

29  a drug may be included on the preferred drug formulary, it

30  would not be exempt from the four-brand limit. The agency may

31  authorize exceptions to the brand-name-drug restriction based


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    CS for SB 1108                                 First Engrossed



  1  upon the treatment needs of the patients, only when such

  2  exceptions are based on prior consultation provided by the

  3  agency or an agency contractor, but the agency must establish

  4  procedures to ensure that:

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

  6  consultation by telephone or other telecommunication device

  7  within 24 hours after receipt of a request for prior

  8  consultation;

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

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

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

12  and

13         c.  Except for the exception for nursing home residents

14  and other institutionalized adults and except for drugs on the

15  restricted formulary for which prior authorization may be

16  sought by an institutional or community pharmacy, prior

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

18  restriction is sought by the prescriber and not by the

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

20  an institutional setting beyond the brand-name-drug

21  restriction, such approval is authorized for 12 months and

22  monthly prior authorization is not required for that patient.

23         2.  Reimbursement to pharmacies for Medicaid prescribed

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

25  percent.

26         3.  The agency shall develop and implement a process

27  for managing the drug therapies of Medicaid recipients who are

28  using significant numbers of prescribed drugs each month. The

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

30  comprehensive, physician-directed medical-record reviews,

31  claims analyses, and case evaluations to determine the medical


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    CS for SB 1108                                 First Engrossed



  1  necessity and appropriateness of a patient's treatment plan

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

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

  4  Medicaid drug benefit management program shall include

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

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

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

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

  9  network based on need, competitive bidding, price

10  negotiations, credentialing, or similar criteria. The agency

11  shall give special consideration to rural areas in determining

12  the size and location of pharmacies included in the Medicaid

13  pharmacy network. A pharmacy credentialing process may include

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

15  size, patient educational programs, patient consultation,

16  disease-management services, and other characteristics. The

17  agency may impose a moratorium on Medicaid pharmacy enrollment

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

19  Medicaid-participating providers.

20         5.  The agency shall develop and implement a program

21  that requires Medicaid practitioners who prescribe drugs to

22  use a counterfeit-proof prescription pad for Medicaid

23  prescriptions. The agency shall require the use of

24  standardized counterfeit-proof prescription pads by

25  Medicaid-participating prescribers or prescribers who write

26  prescriptions for Medicaid recipients. The agency may

27  implement the program in targeted geographic areas or

28  statewide.

29         6.  The agency may enter into arrangements that require

30  manufacturers of generic drugs prescribed to Medicaid

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


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    CS for SB 1108                                 First Engrossed



  1  average manufacturer price for the manufacturer's generic

  2  products. These arrangements shall require that if a

  3  generic-drug manufacturer pays federal rebates for

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

  5  manufacturer must provide a supplemental rebate to the state

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

  7         7.  The agency may establish a preferred drug formulary

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

  9  establishment of such formulary, it is authorized to negotiate

10  supplemental rebates from manufacturers that are in addition

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

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

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

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

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

16  supplemental rebates the agency may negotiate. The agency may

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

18  competitive at lower rebate percentages. Agreement to pay the

19  minimum supplemental rebate percentage will guarantee a

20  manufacturer that the Medicaid Pharmaceutical and Therapeutics

21  Committee will consider a product for inclusion on the

22  preferred drug formulary. However, a pharmaceutical

23  manufacturer is not guaranteed placement on the formulary by

24  simply paying the minimum supplemental rebate. Agency

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

26  recommendations of the Medicaid Pharmaceutical and

27  Therapeutics Committee, as well as the price of competing

28  products minus federal and state rebates. The agency is

29  authorized to contract with an outside agency or contractor to

30  conduct negotiations for supplemental rebates. For the

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


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    CS for SB 1108                                 First Engrossed



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

  2  program benefits that offset a Medicaid expenditure. Such

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

  4  disease management programs, drug product donation programs,

  5  drug utilization control programs, prescriber and beneficiary

  6  counseling and education, fraud and abuse initiatives, and

  7  other services or administrative investments with guaranteed

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

  9  reduction is included in the General Appropriations Act. The

10  agency is authorized to seek any federal waivers to implement

11  this initiative.

12         8.  The agency shall establish an advisory committee

13  for the purposes of studying the feasibility of using a

14  restricted drug formulary for nursing home residents and other

15  institutionalized adults. The committee shall be comprised of

16  seven members appointed by the Secretary of Health Care

17  Administration. The committee members shall include two

18  physicians licensed under chapter 458 or chapter 459; three

19  pharmacists licensed under chapter 465 and appointed from a

20  list of recommendations provided by the Florida Long-Term Care

21  Pharmacy Alliance; and two pharmacists licensed under chapter

22  465.

23         9.  The Agency for Health Care Administration shall

24  expand home delivery of pharmacy products. To assist Medicaid

25  patients in securing their prescriptions and reduce program

26  costs, the agency shall expand its current mail-order-pharmacy

27  diabetes-supply program to include all generic and brand-name

28  drugs used by Medicaid patients with diabetes. Medicaid

29  recipients in the current program may obtain nondiabetes drugs

30  on a voluntary basis. This initiative is limited to the

31  geographic area covered by the current contract. The agency


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  1  may seek and implement any federal waivers necessary to

  2  implement this subparagraph.

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

  4  extent that funds are appropriated to administer the Medicaid

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

  6  contract all or any part of this program to private

  7  organizations.

  8         (c)  The agency shall submit quarterly reports a report

  9  to the Governor, the President of the Senate, and the Speaker

10  of the House of Representatives which by January 15 of each

11  year. The report must include, but need not be limited to, the

12  progress made in implementing this subsection and its Medicaid

13  cost-containment measures and their effect on Medicaid

14  prescribed-drug expenditures.

15         (38)  Notwithstanding the provisions of chapter 287,

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

17  contracts for fiscal intermediary services one or more times

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

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

20  the term of the original contract.

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

22  demonstration project by establishment in Miami-Dade County of

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

24  improve access to health care for a predominantly minority,

25  medically underserved, and medically complex population and to

26  evaluate alternatives to nursing home care and general acute

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

28  health care condominium and colocated with licensed facilities

29  providing a continuum of care.  The establishment of this

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

31  408.039.  The agency shall report its findings to the


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    CS for SB 1108                                 First Engrossed



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

  2  House of Representatives by January 1, 2003.

  3         Section 6.  Subsection (7) of section 409.9116, Florida

  4  Statutes, is amended to read:

  5         409.9116  Disproportionate share/financial assistance

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

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

  8  shall administer a federally matched disproportionate share

  9  program and a state-funded financial assistance program for

10  statutory rural hospitals. The agency shall make

11  disproportionate share payments to statutory rural hospitals

12  that qualify for such payments and financial assistance

13  payments to statutory rural hospitals that do not qualify for

14  disproportionate share payments. The disproportionate share

15  program payments shall be limited by and conform with federal

16  requirements. Funds shall be distributed quarterly in each

17  fiscal year for which an appropriation is made.

18  Notwithstanding the provisions of s. 409.915, counties are

19  exempt from contributing toward the cost of this special

20  reimbursement for hospitals serving a disproportionate share

21  of low-income patients.

22         (7)  This section applies only to hospitals that were

23  defined as statutory rural hospitals, or their

24  successor-in-interest hospital, prior to January 1, 2001 July

25  1, 1998. Any additional hospital that is defined as a

26  statutory rural hospital, or its successor-in-interest

27  hospital, on or after January 1, 2001 July 1, 1998, is not

28  eligible for programs under this section unless additional

29  funds are appropriated each fiscal year specifically to the

30  rural hospital disproportionate share and financial assistance

31  programs in an amount necessary to prevent any hospital, or


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    CS for SB 1108                                 First Engrossed



  1  its successor-in-interest hospital, eligible for the programs

  2  prior to January 1, 2001 July 1, 1998, from incurring a

  3  reduction in payments because of the eligibility of an

  4  additional hospital to participate in the programs. A

  5  hospital, or its successor-in-interest hospital, which

  6  received funds pursuant to this section before January 1, 2001

  7  July 1, 1998, and which qualifies under s. 395.602(2)(e),

  8  shall be included in the programs under this section and is

  9  not required to seek additional appropriations under this

10  subsection.

11         Section 7.  Paragraphs (f) and (k) of subsection (2) of

12  section 409.9122, Florida Statutes, as amended by section 11

13  of chapter 2001-377, Laws of Florida, are amended to read:

14         409.9122  Mandatory Medicaid managed care enrollment;

15  programs and procedures.--

16         (2)

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

18  managed care plan or MediPass provider, the agency shall

19  assign the Medicaid recipient to a managed care plan or

20  MediPass provider. Medicaid recipients who are subject to

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

22  assigned to managed care plans or provider service networks

23  until an equal enrollment of 45 50 percent in MediPass and 55

24  50 percent in managed care plans is achieved.  Once that equal

25  enrollment is achieved, the assignments shall be divided in

26  order to maintain an equal enrollment in MediPass and managed

27  care plans which is in a 45 percent and 55 percent proportion,

28  respectively. Thereafter, assignment of Medicaid recipients

29  who fail to make a choice shall be based proportionally on the

30  preferences of recipients who have made a choice in the

31  previous period. Such proportions shall be revised at least


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    CS for SB 1108                                 First Engrossed



  1  quarterly to reflect an update of the preferences of Medicaid

  2  recipients. The agency shall also disproportionately assign

  3  Medicaid-eligible children in families who are required to but

  4  have failed to make a choice of managed care plan or MediPass

  5  for their child and who are to be assigned to the MediPass

  6  program or managed care plans to children's networks as

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

  8  disproportionate assignment of children to children's networks

  9  shall be made until the agency has determined that the

10  children's networks have sufficient numbers to be economically

11  operated. For purposes of this paragraph, when referring to

12  assignment, the term "managed care plans" includes exclusive

13  provider organizations, provider service networks, minority

14  physician networks, and pediatric emergency department

15  diversion programs authorized by this chapter or the General

16  Appropriations Act. When making assignments, the agency shall

17  take into account the following criteria:

18         1.  A managed care plan has sufficient network capacity

19  to meet the need of members.

20         2.  The managed care plan or MediPass has previously

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

22  plan's primary care providers or MediPass providers has

23  previously provided health care to the recipient.

24         3.  The agency has knowledge that the member has

25  previously expressed a preference for a particular managed

26  care plan or MediPass provider as indicated by Medicaid

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

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

29  providers are geographically accessible to the recipient's

30  residence.

31


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    CS for SB 1108                                 First Engrossed



  1         (k)  When a Medicaid recipient does not choose a

  2  managed care plan or MediPass provider, the agency shall

  3  assign the Medicaid recipient to a managed care plan, except

  4  in those counties in which there are fewer than two managed

  5  care plans accepting Medicaid enrollees, in which case

  6  assignment shall be to a managed care plan or a MediPass

  7  provider. Medicaid recipients in counties with fewer than two

  8  managed care plans accepting Medicaid enrollees who are

  9  subject to mandatory assignment but who fail to make a choice

10  shall be assigned to managed care plans until an equal

11  enrollment of 45 50 percent in MediPass and provider service

12  networks and 55 50 percent in managed care plans is achieved.

13  Once that equal enrollment is achieved, the assignments shall

14  be divided in order to maintain an equal enrollment in

15  MediPass and managed care plans which is in a 45 percent and

16  55 percent proportion, respectively. When making assignments,

17  the agency shall take into account the following criteria:

18         1.  A managed care plan has sufficient network capacity

19  to meet the need of members.

20         2.  The managed care plan or MediPass has previously

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

22  plan's primary care providers or MediPass providers has

23  previously provided health care to the recipient.

24         3.  The agency has knowledge that the member has

25  previously expressed a preference for a particular managed

26  care plan or MediPass provider as indicated by Medicaid

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

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

29  providers are geographically accessible to the recipient's

30  residence.

31


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    CS for SB 1108                                 First Engrossed



  1         5.  The agency has authority to make mandatory

  2  assignments based on quality of service and performance of

  3  managed care plans.

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

  5  499.012, Florida Statutes, is amended to read:

  6         499.012  Wholesale distribution; definitions; permits;

  7  general requirements.--

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

  9         (a)  "Wholesale distribution" means distribution of

10  prescription drugs to persons other than a consumer or

11  patient, but does not include:

12         1.  Any of the following activities, which is not a

13  violation of s. 499.005(21) if such activity is conducted in

14  accordance with s. 499.014:

15         a.  The purchase or other acquisition by a hospital or

16  other health care entity that is a member of a group

17  purchasing organization of a prescription drug for its own use

18  from the group purchasing organization or from other hospitals

19  or health care entities that are members of that organization.

20         b.  The sale, purchase, or trade of a prescription drug

21  or an offer to sell, purchase, or trade a prescription drug by

22  a charitable organization described in s. 501(c)(3) of the

23  Internal Revenue Code of 1986, as amended and revised, to a

24  nonprofit affiliate of the organization to the extent

25  otherwise permitted by law.

26         c.  The sale, purchase, or trade of a prescription drug

27  or an offer to sell, purchase, or trade a prescription drug

28  among hospitals or other health care entities that are under

29  common control. For purposes of this section, "common control"

30  means the power to direct or cause the direction of the

31  management and policies of a person or an organization,


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    CS for SB 1108                                 First Engrossed



  1  whether by ownership of stock, by voting rights, by contract,

  2  or otherwise.

  3         d.  The sale, purchase, trade, or other transfer of a

  4  prescription drug from or for any federal, state, or local

  5  government agency or any entity eligible to purchase

  6  prescription drugs at public health services prices pursuant

  7  to Pub. L. No. 102-585, s. 602 to a contract provider or its

  8  subcontractor for eligible patients of the agency or entity

  9  under the following conditions:

10         (I)  The agency or entity must obtain written

11  authorization for the sale, purchase, trade, or other transfer

12  of a prescription drug under this sub-subparagraph from the

13  Secretary of Health or his or her designee.

14         (II)  The contract provider or subcontractor must be

15  authorized by law to administer or dispense prescription

16  drugs.

17         (III)  In the case of a subcontractor, the agency or

18  entity must be a party to and execute the subcontract.

19         (IV)  A contract provider or subcontractor must

20  maintain separate and apart from other prescription drug

21  inventory any prescription drugs of the agency or entity in

22  its possession.

23         (V)  The contract provider and subcontractor must

24  maintain and produce immediately for inspection all records of

25  movement or transfer of all the prescription drugs belonging

26  to the agency or entity, including, but not limited to, the

27  records of receipt and disposition of prescription drugs. Each

28  contractor and subcontractor dispensing or administering these

29  drugs must maintain and produce records documenting the

30  dispensing or administration. Records that are required to be

31  maintained include, but are not limited to, a perpetual


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    CS for SB 1108                                 First Engrossed



  1  inventory itemizing drugs received and drugs dispensed by

  2  prescription number or administered by patient identifier,

  3  which must be submitted to the agency or entity quarterly.

  4         (VI)  The contract provider or subcontractor may

  5  administer or dispense the prescription drugs only to the

  6  eligible patients of the agency or entity or must return the

  7  prescription drugs for or to the agency or entity. The

  8  contract provider or subcontractor must require proof from

  9  each person seeking to fill a prescription or obtain treatment

10  that the person is an eligible patient of the agency or entity

11  and must, at a minimum, maintain a copy of this proof as part

12  of the records of the contractor or subcontractor required

13  under sub-sub-subparagraph (V).

14         (VII)  The prescription drugs transferred pursuant to

15  this sub-subparagraph may not be billed to Medicaid.

16         (VII)(VIII)  In addition to the departmental inspection

17  authority set forth in s. 499.051, the establishment of the

18  contract provider and subcontractor and all records pertaining

19  to prescription drugs subject to this sub-subparagraph shall

20  be subject to inspection by the agency or entity.  All records

21  relating to prescription drugs of a manufacturer under this

22  sub-subparagraph shall be subject to audit by the manufacturer

23  of those drugs, without identifying individual patient

24  information.

25         2.  Any of the following activities, which is not a

26  violation of s. 499.005(21) if such activity is conducted in

27  accordance with rules established by the department:

28         a.  The sale, purchase, or trade of a prescription drug

29  among federal, state, or local government health care entities

30  that are under common control and are authorized to purchase

31  such prescription drug.


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    CS for SB 1108                                 First Engrossed



  1         b.  The sale, purchase, or trade of a prescription drug

  2  or an offer to sell, purchase, or trade a prescription drug

  3  for emergency medical reasons. For purposes of this

  4  sub-subparagraph, the term "emergency medical reasons"

  5  includes transfers of prescription drugs by a retail pharmacy

  6  to another retail pharmacy to alleviate a temporary shortage.

  7         c.  The transfer of a prescription drug acquired by a

  8  medical director on behalf of a licensed emergency medical

  9  services provider to that emergency medical services provider

10  and its transport vehicles for use in accordance with the

11  provider's license under chapter 401.

12         d.  The revocation of a sale or the return of a

13  prescription drug to the person's prescription drug wholesale

14  supplier.

15         e.  The donation of a prescription drug by a health

16  care entity to a charitable organization that has been granted

17  an exemption under s. 501(c)(3) of the Internal Revenue Code

18  of 1986, as amended, and that is authorized to possess

19  prescription drugs.

20         f.  The transfer of a prescription drug by a person

21  authorized to purchase or receive prescription drugs to a

22  person licensed or permitted to handle reverse distributions

23  or destruction under the laws of the jurisdiction in which the

24  person handling the reverse distribution or destruction

25  receives the drug.

26         3.  The distribution of prescription drug samples by

27  manufacturers' representatives or distributors'

28  representatives conducted in accordance with s. 499.028.

29         4.  The sale, purchase, or trade of blood and blood

30  components intended for transfusion.  As used in this

31  subparagraph, the term "blood" means whole blood collected


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    CS for SB 1108                                 First Engrossed



  1  from a single donor and processed either for transfusion or

  2  further manufacturing, and the term "blood components" means

  3  that part of the blood separated by physical or mechanical

  4  means.

  5         5.  The lawful dispensing of a prescription drug in

  6  accordance with chapter 465.

  7         Section 9.  The Agency for Health Care Administration

  8  shall conduct a study of health care services provided to the

  9  medically fragile or medical-technology-dependent children in

10  the state and conduct a pilot program in Dade County to

11  provide subacute pediatric transitional care to a maximum of

12  30 children at any one time. The purposes of the study and the

13  pilot program are to determine ways to permit medically

14  fragile or medical-technology-dependent children to

15  successfully make a transition from acute care in a health

16  care institution to live with their families when possible,

17  and to provide cost-effective, subacute transitional care

18  services.

19         Section 10.  The Agency for Health Care Administration,

20  in cooperation with the Children's Medical Services Program in

21  the Department of Health, shall conduct a study to identify

22  the total number of medically fragile or

23  medical-technology-dependent children, from birth through age

24  21, in the state. By January 1, 2003, the agency must report

25  to the Legislature regarding the children's ages, the

26  locations where the children are served, the types of services

27  received, itemized costs of the services, and the sources of

28  funding that pay for the services, including the proportional

29  share when more than one funding source pays for a service.

30  The study must include information regarding medically fragile

31  or medical-technology-dependent children residing in


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    CS for SB 1108                                 First Engrossed



  1  hospitals, nursing homes, and medical foster care, and those

  2  who live with their parents. The study must describe children

  3  served in prescribed pediatric extended-care centers,

  4  including their ages and the services they receive. The report

  5  must identify the total services provided for each child and

  6  the method for paying for those services. The report must also

  7  identify the number of such children who could, if appropriate

  8  transitional services were available, return home or move to a

  9  less-institutional setting.

10         Section 11.  (1)  Within 30 days after the effective

11  date of this act, the agency shall establish minimum staffing

12  standards and quality requirements for a subacute pediatric

13  transitional care center to be operated as a 2-year pilot

14  program in Dade County. The pilot program must operate under

15  the license of a hospital licensed under chapter 395, Florida

16  Statutes, or a nursing home licensed under chapter 400,

17  Florida Statutes, and shall use existing beds in the hospital

18  or nursing home. A child's placement in the subacute pediatric

19  transitional care center may not exceed 90 days. The center

20  shall arrange for an alternative placement at the end of a

21  child's stay and a transitional plan for children expected to

22  remain in the facility for the maximum allowed stay.

23         (2)  Within 60 days after the effective date of this

24  act, the agency must amend the state Medicaid plan and request

25  any federal waivers necessary to implement and fund the pilot

26  program.

27         (3)  The subacute pediatric transitional care center

28  must require level I background screening as provided in

29  chapter 435, Florida Statutes, for all employees or

30  prospective employees of the center who are expected to, or

31  whose responsibilities may require them to, provide personal


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    CS for SB 1108                                 First Engrossed



  1  care or services to children, have access to children's living

  2  areas, or have access to children's funds or personal

  3  property.

  4         Section 12.  (1)  The subacute pediatric transitional

  5  care center must have an advisory board. Membership on the

  6  advisory board must include, but need not be limited to:

  7         (a)  A physician and an advanced registered nurse

  8  practitioner who is familiar with services for medically

  9  fragile or medical-technology-dependent children;

10         (b)  A registered nurse who has experience in the care

11  of medically fragile or medical-technology-dependent children;

12         (c)  A child development specialist who has experience

13  in the care of medically fragile or

14  medical-technology-dependent children and their families;

15         (d)  A social worker who has experience in the care of

16  medically fragile or medical-technology-dependent children and

17  their families; and

18         (e)  A consumer representative who is a parent or

19  guardian of a child placed in the center.

20         (2)  The advisory board shall:

21         (a)  Review the policy and procedure components of the

22  center to assure conformance with applicable standards

23  developed by the Agency for Health Care Administration; and

24         (b)  Provide consultation with respect to the

25  operational and programmatic components of the center.

26         Section 13.  (1)  The subacute pediatric transitional

27  care center must have written policies and procedures

28  governing the admission, transfer, and discharge of children.

29         (2)  The admission of each child to the center must be

30  under the supervision of the center nursing administrator or

31  his or her designee, and must be in accordance with the


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    CS for SB 1108                                 First Engrossed



  1  center's policies and procedures. Each Medicaid admission must

  2  be approved as appropriate for placement in the facility by

  3  the Children's Medical Services Multidisciplinary Assessment

  4  Team of the Department of Health, in conjunction with the

  5  Agency for Health Care Administration.

  6         (3)  Each child admitted to the center shall be

  7  admitted upon prescription of the medical director of the

  8  center, licensed pursuant to chapter 458 or chapter 459,

  9  Florida Statutes, and the child shall remain under the care of

10  the medical director and the advanced registered nurse

11  practitioner for the duration of his or her stay in the

12  center.

13         (4)  Each child admitted to the center must meet at

14  least the following criteria:

15         (a)  The child must be medically fragile or

16  medical-technology-dependent.

17         (b)  The child may not, prior to admission, present

18  significant risk of infection to other children or personnel.

19  The medical and nursing directors shall review, on a

20  case-by-case basis, the condition of any child who is

21  suspected of having an infectious disease to determine whether

22  admission is appropriate.

23         (c)  The child must be medically stabilized and require

24  skilled nursing care or other interventions.

25         (5)  If the child meets the criteria specified in

26  paragraphs (4)(a), (b), and (c), the medical director or

27  nursing director of the center shall implement a preadmission

28  plan that delineates services to be provided and appropriate

29  sources for such services.

30         (a)  If the child is hospitalized at the time of

31  referral, preadmission planning must include the participation


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    CS for SB 1108                                 First Engrossed



  1  of the child's parent or guardian and relevant medical,

  2  nursing, social services, and developmental staff to assure

  3  that the hospital's discharge plans will be implemented

  4  following the child's placement in the center.

  5         (b)  A consent form, outlining the purpose of the

  6  center, family responsibilities, authorized treatment,

  7  appropriate release of liability, and emergency disposition

  8  plans, must be signed by the parent or guardian and witnessed

  9  before the child is admitted to the center. The parent or

10  guardian shall be provided a copy of the consent form.

11         Section 14.  By January 1, 2003, the Agency for Health

12  Care Administration shall report to the Legislature concerning

13  the progress of the pilot program. By January 1, 2004, the

14  agency shall submit to the Legislature a report on the success

15  of the pilot program.

16         Section 15.  The Office of Legislative Services shall

17  contract for a business case study of the feasibility of

18  outsourcing the administrative, investigative, legal, and

19  prosecutorial functions and other tasks and services that are

20  necessary to carry out the regulatory responsibilities of the

21  Board of Dentistry, employing its own executive director and

22  other staff, and obtaining authority over collections and

23  expenditures of funds paid by professions regulated by the

24  board into the Medical Quality Assurance Trust Fund. This

25  feasibility study must include a business plan and an

26  assessment of the direct and indirect costs associated with

27  outsourcing these functions. The sum of $50,000 is

28  appropriated from the Board of Dentistry account within the

29  Medical Quality Assurance Trust Fund to the Office of

30  Legislative Services for the purpose of contracting for the

31  study. The Office of Legislative Services shall submit the


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    CS for SB 1108                                 First Engrossed



  1  completed study to the Governor, the President of the Senate,

  2  and the Speaker of the House of Representatives by January 1,

  3  2003.

  4         Section 16.  (1)  Notwithstanding section 409.911,

  5  Florida Statutes, for the state fiscal year 2002-2003 only,

  6  the Agency for Health Care Administration shall distribute

  7  moneys under the regular disproportionate share program only

  8  to public hospitals. Public hospitals are defined as those

  9  hospitals included in the agency's calculation of the Medicaid

10  Upper Payment Limit in accordance with 42 C.F.R. 447.272. The

11  following methodology shall be used to distribute

12  disproportionate share dollars to the public hospitals:

13

14  For nonstate government-owned or operated hospitals:

15

16           DSHP = [(.9*HCCD)+(.1*HMD)/(CCD+TMD)]*TAAPH

17          TAAPH = TA - TAAMH

18

19  For state-owned or operated mental health hospitals:

20                     DSHP = (HMD/TMHMD)*TAAMH

21

22  Where:

23         TA = total appropriation.

24         TAAPH = total amount available for public hospitals.

25         TAAMH = total amount available for mental health

26  hospitals.

27         DSHP = disproportionate share hospital payments.

28         HMD = hospital Medicaid days.

29         TMD = total state Medicaid days for public hospital.

30         HCCD = hospital charity care days.

31


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    CS for SB 1108                                 First Engrossed



  1         TCCD = total state charity care days for public

  2  hospitals.

  3

  4         (2)  Notwithstanding section 409.9112, Florida

  5  Statutes, for state fiscal year 2002-2003 only,

  6  disproportionate share payments to regional perinatal

  7  intensive care centers shall be equal to the disproportionate

  8  payments made to the regional perinatal intensive care centers

  9  in state fiscal year 2001-2002.

10         (3)  Notwithstanding section 409.9117, Florida

11  Statutes, for state fiscal year 2002-2003 only,

12  disproportionate share payments to hospitals that qualify for

13  primary care disproportionate payments shall be equal to the

14  primary care disproportionate payments made to those hospitals

15  in state fiscal year 2001-2002.

16         (4)  For state fiscal year 2002-2003 only, no

17  disproportionate share payments shall be made to hospitals

18  under the provisions of section 409.9119, Florida Statutes.

19         (5)  In the event the Centers for Medicare and Medicaid

20  Services does not approve Florida's inpatient hospital state

21  plan amendment for the public disproportionate share program

22  by November 1, 2002, the agency may make payments to hospitals

23  under the regular disproportionate share program, regional

24  perinatal intensive care centers disproportionate share

25  program, primary care disproportionate share program, and

26  children's disproportionate share program using the same

27  methodologies used in state fiscal year 2001-2002.

28         (6)  This section expires July 1, 2003.

29         Section 17.  This act shall take effect July 1, 2002.

30

31


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