Senate Bill sb1108e2

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    CS for SB 1108                                Second Engrossed



  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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    CS for SB 1108                                Second Engrossed



  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; authorizing the Agency

17         for Health Care Administration to conduct a

18         pilot project on overnight stays in an

19         ambulatory surgical center; amending s. 624.91,

20         F.S.; revising duties of the Florida Healthy

21         Kids Corporation with respect to annual

22         determination of participation in the Healthy

23         Kids Program; prescribing duties of the

24         corporation in establishing local match

25         requirements; revising the composition of the

26         board of directors; providing an effective

27         date.

28

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

30

31


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    CS for SB 1108                                Second Engrossed



  1         Section 1.  Section 409.8177, Florida Statutes, is

  2  amended to read:

  3         409.8177  Program evaluation.--

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

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

  6  the Florida Healthy Kids Corporation, shall contract for an

  7  evaluation of the Florida Kidcare program and shall by January

  8  1 of each year submit to the Governor, the President of the

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

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

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

12  Security Act, the report shall include an assessment of

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

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

15  including the progress made in reducing the number of

16  uncovered low-income children.

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

18  increasing the number of children with creditable health

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

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

21  families assisted under the program, including ages of the

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

23  health insurance prior to the program and after disenrollment

24  from the program.

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

26  including the types of benefits provided.

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

28  or all of any premium, of assistance provided.

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

30  the program.

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    CS for SB 1108                                Second Engrossed



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

  2  coverage and other methods used for providing child health

  3  assistance.

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

  5  program.

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

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

  8  private programs in the state in increasing the availability

  9  of affordable quality health insurance and health care for

10  children.

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

12  coordinate the program with other public and private programs.

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

14  that affect the provision of health insurance and health care

15  to children.

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

17  improving the availability of health insurance and health care

18  for children.

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

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

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

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

23  House of Representatives a report of enrollment for each

24  program component of the Florida Kidcare program.

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

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

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

28         409.904  Optional payments for eligible persons.--The

29  agency may make payments for medical assistance and related

30  services on behalf of the following persons who are determined

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


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    CS for SB 1108                                Second Engrossed



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

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

  3  availability of moneys and any limitations established by the

  4  General Appropriations Act or chapter 216.

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

  6  19 who would otherwise qualify for Florida Kidcare Medicaid, a

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

  8  409.903(1), a person age 65 or over, or a blind or disabled

  9  person who would otherwise be eligible for Florida Medicaid,

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

11  exceed established limitations. A pregnant woman who would

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

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

14  established by the Department of Children and Family Services

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

16  medically needy eligibility may not be made presumptively

17  eligible.

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

19  for Medicaid or the Florida Kidcare program except for the

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

21  limits established by the Department of Children and Family

22  Services for the medically needy.

23

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

25  deductible from income in accordance with federal requirements

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

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

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

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

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

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


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    CS for SB 1108                                Second Engrossed



  1  Medicaid recipients, with the exception of services in skilled

  2  nursing facilities and intermediate care facilities for the

  3  developmentally disabled.

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

  5  409.905, Florida Statutes, is amended to read:

  6         409.905  Mandatory Medicaid services.--The agency may

  7  make payments for the following services, which are required

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

  9  furnished by Medicaid providers to recipients who are

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

11  were provided. Any service under this section shall be

12  provided only when medically necessary and in accordance with

13  state and federal law. Mandatory services rendered by

14  providers in mobile units to Medicaid recipients may be

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

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

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

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

19  the availability of moneys and any limitations or directions

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

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

22  for all covered services provided for the medical care and

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

24  licensed physician or dentist to a hospital licensed under

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

26  payment for inpatient hospital services for a Medicaid

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

28  days necessary to comply with the General Appropriations Act.

29         (c)  Agency for Health Care Administration shall adjust

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

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    CS for SB 1108                                Second Engrossed



  1  cost of serving the Medicaid population at that institution

  2  if:

  3         1.  The hospital experiences an increase in Medicaid

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

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

  6  area occurring after July 1, 1995; or

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

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

  9  or.

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

11  or fewer hospitals, began offering obstetrical services on or

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

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

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

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

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

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

18  with the methodology of the Medicaid inpatient reimbursement

19  plan.

20

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

22  agency must provide estimated costs for any adjustment in a

23  hospital inpatient per diem pursuant to this paragraph to the

24  Executive Office of the Governor, the House of Representatives

25  General Appropriations Committee, and the Senate

26  Appropriations Committee. Before the agency implements a

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

28  this paragraph, the Legislature must have specifically

29  appropriated sufficient funds in the General Appropriations

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

31  agency.


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    CS for SB 1108                                Second Engrossed



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

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

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

  4  amended to read:

  5         409.906  Optional Medicaid services.--Subject to

  6  specific appropriations, the agency may make payments for

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

  8  the Social Security Act and are furnished by Medicaid

  9  providers to recipients who are determined to be eligible on

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

11  service that is provided shall be provided only when medically

12  necessary and in accordance with state and federal law.

13  Optional services rendered by providers in mobile units to

14  Medicaid recipients may be restricted or prohibited by the

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

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

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

18  making any other adjustments necessary to comply with the

19  availability of moneys and any limitations or directions

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

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

22  services to elderly and disabled persons and subject to the

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

24  direct the Agency for Health Care Administration to amend the

25  Medicaid state plan to delete the optional Medicaid service

26  known as "Intermediate Care Facilities for the Developmentally

27  Disabled."  Optional services may include:

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

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

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

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


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    CS for SB 1108                                Second Engrossed



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

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

  3  mobile dental unit:

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

  5  agreement with the Department of Health and complying with

  6  Medicaid's county health department clinic services program

  7  specifications as a county health department clinic services

  8  provider.

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

10  arrangement with a federally qualified health center and

11  complying with Medicaid's federally qualified health center

12  specifications as a federally qualified health center

13  provider.

14         (c)  Rendering dental services to Medicaid recipients,

15  21 years of age and older, at nursing facilities.

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

17  agreement with a state-approved dental educational

18  institution.

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

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

21  for hearing and related services, including hearing

22  evaluations, hearing aid devices, dispensing of the hearing

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

24  21 by a licensed hearing aid specialist, otolaryngologist,

25  otologist, audiologist, or physician.

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

27  for visual examinations, eyeglasses, and eyeglass repairs for

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

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

30  optometrist.

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    CS for SB 1108                                Second Engrossed



  1         Section 5.  Section 409.912, Florida Statutes, as

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

  3  Florida, is amended to read:

  4         409.912  Cost-effective purchasing of health care.--The

  5  agency shall purchase goods and services for Medicaid

  6  recipients in the most cost-effective manner consistent with

  7  the delivery of quality medical care.  The agency shall

  8  maximize the use of prepaid per capita and prepaid aggregate

  9  fixed-sum basis services when appropriate and other

10  alternative service delivery and reimbursement methodologies,

11  including competitive bidding pursuant to s. 287.057, designed

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

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

14  minimize the exposure of recipients to the need for acute

15  inpatient, custodial, and other institutional care and the

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

17  agency may establish prior authorization requirements for

18  certain populations of Medicaid beneficiaries, certain drug

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

20  and possible dangerous drug interactions. The Pharmaceutical

21  and Therapeutics Committee, established pursuant to s.

22  409.91195, shall make recommendations to the agency on drugs

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

24  shall inform the Pharmaceutical and Therapeutics committee of

25  its decisions regarding drugs subject to prior authorization.

26         (1)  The agency may enter into agreements with

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

28  the Federal Government and accept such duties in respect to

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

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

31  409.901-409.920.


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    CS for SB 1108                                Second Engrossed



  1         (2)  The agency may contract with health maintenance

  2  organizations certified pursuant to part I of chapter 641 for

  3  the provision of services to recipients.

  4         (3)  The agency may contract with:

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

  6  services other than Medicaid services under contract with the

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

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

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

10  to recipients, which entity may provide such prepaid services

11  either directly or through arrangements with other providers.

12  Such prepaid health care services entities must be licensed

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

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

15  recognized under this paragraph which demonstrates to the

16  satisfaction of the Department of Insurance that it is backed

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

18  located may be exempted from s. 641.225.

19         (b)  An entity that is providing comprehensive

20  behavioral health care services to certain Medicaid recipients

21  through a capitated, prepaid arrangement pursuant to the

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

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

24  641 and must possess the clinical systems and operational

25  competence to manage risk and provide comprehensive behavioral

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

27  the term "comprehensive behavioral health care services" means

28  covered mental health and substance abuse treatment services

29  that are available to Medicaid recipients. The secretary of

30  the Department of Children and Family Services shall approve

31  provisions of procurements related to children in the


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    CS for SB 1108                                Second Engrossed



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

  2  in a prepaid behavioral health plan. Any contract awarded

  3  under this paragraph must be competitively procured. In

  4  developing the behavioral health care prepaid plan procurement

  5  document, the agency shall ensure that the procurement

  6  document requires the contractor to develop and implement a

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

  8  provided to residents of licensed assisted living facilities

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

10  ensure that Medicaid recipients have available the choice of

11  at least two managed care plans for their behavioral health

12  care services. The agency may reimburse for

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

14  until the agency finds that adequate funds are available for

15  capitated, prepaid arrangements.

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

17  contracts with the entities providing comprehensive inpatient

18  and outpatient mental health care services to Medicaid

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

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

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

22  with entities providing comprehensive behavioral health care

23  services to Medicaid recipients through capitated, prepaid

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

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

26  and Walton Counties. The agency may contract with entities

27  providing comprehensive behavioral health care services to

28  Medicaid recipients through capitated, prepaid arrangements in

29  Alachua County. The agency may determine if Sarasota County

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

31  any other agency geographic area.


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    CS for SB 1108                                Second Engrossed



  1         3.  Children residing in a Department of Juvenile

  2  Justice residential program approved as a Medicaid behavioral

  3  health overlay services provider shall not be included in a

  4  behavioral health care prepaid health plan pursuant to this

  5  paragraph.

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

  7  agency shall in its procurement document require an entity

  8  providing comprehensive behavioral health care services to

  9  prevent the displacement of indigent care patients by

10  enrollees in the Medicaid prepaid health plan providing

11  behavioral health care services from facilities receiving

12  state funding to provide indigent behavioral health care, to

13  facilities licensed under chapter 395 which do not receive

14  state funding for indigent behavioral health care, or

15  reimburse the unsubsidized facility for the cost of behavioral

16  health care provided to the displaced indigent care patient.

17         5.  Traditional community mental health providers under

18  contract with the Department of Children and Family Services

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

20  providers licensed pursuant to chapter 395 must be offered an

21  opportunity to accept or decline a contract to participate in

22  any provider network for prepaid behavioral health services.

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

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

25  entity owned by other migrant and community health centers

26  receiving non-Medicaid financial support from the Federal

27  Government to provide health care services on a prepaid or

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

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

30  chapter 641, but shall be prohibited from serving Medicaid

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


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    CS for SB 1108                                Second Engrossed



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

  2  if the entity meets the requirements specified in subsections

  3  (14) and (15).

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

  5  demonstration projects to test Medicaid direct contracting.

  6  The demonstration projects may be reimbursed on a

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

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

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

10  appropriate financial reserve, quality assurance, and patient

11  rights requirements as established by the agency.  The agency

12  shall award contracts on a competitive bid basis and shall

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

14  recipients assigned to a demonstration project shall be chosen

15  equally from those who would otherwise have been assigned to

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

17  federal Medicaid waivers as necessary to implement the

18  provisions of this section.  A demonstration project awarded

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

20  of implementation.

21         (e)  An entity that provides comprehensive behavioral

22  health care services to certain Medicaid recipients through an

23  administrative services organization agreement. Such an entity

24  must possess the clinical systems and operational competence

25  to provide comprehensive health care to Medicaid recipients.

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

27  health care services" means covered mental health and

28  substance abuse treatment services that are available to

29  Medicaid recipients. Any contract awarded under this paragraph

30  must be competitively procured. The agency must ensure that

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    CS for SB 1108                                Second Engrossed



  1  Medicaid recipients have available the choice of at least two

  2  managed care plans for their behavioral health care services.

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

  4  provides in-home physician services to Medicaid recipients

  5  with degenerative neurological diseases in order to test the

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

  7  entity providing the services shall be reimbursed on a

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

  9  Medicare reimbursement rates. The agency may apply for waivers

10  of federal regulations necessary to implement such program.

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

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

13  coordination and care management for Medicaid-eligible

14  pediatric patients, primary care, authorization of specialty

15  care, and other urgent and emergency care through organized

16  providers designed to service Medicaid eligibles under age 18

17  and pediatric emergency departments' diversion programs. The

18  networks shall provide after-hour operations, including

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

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

21  departments.

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

23  entity otherwise authorized by this section on a prepaid or

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

25  recipients. An entity may provide prepaid services to

26  recipients, either directly or through arrangements with other

27  entities, if each entity involved in providing services:

28         (a)  Is organized primarily for the purpose of

29  providing health care or other services of the type regularly

30  offered to Medicaid recipients;

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    CS for SB 1108                                Second Engrossed



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

  2  the agency for quality, appropriateness, and timeliness;

  3         (c)  Makes provisions satisfactory to the agency for

  4  insolvency protection and ensures that neither enrolled

  5  Medicaid recipients nor the agency will be liable for the

  6  debts of the entity;

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

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

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

10  equivalent liquid assets excluding revenues from Medicaid

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

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

13         (e)  Furnishes evidence satisfactory to the agency of

14  adequate liability insurance coverage or an adequate plan of

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

16  of the furnishing of health care;

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

18  periodic review of its medical facilities and services, as

19  required by the agency; and

20         (g)  Provides organizational, operational, financial,

21  and other information required by the agency.

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

23  basis with any health insurer that:

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

25  Medicaid recipients in exchange for a premium payment paid by

26  the agency;

27         (b)  Assumes the underwriting risk; and

28         (c)  Is organized and licensed under applicable

29  provisions of the Florida Insurance Code and is currently in

30  good standing with the Department of Insurance.

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    CS for SB 1108                                Second Engrossed



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

  2  basis with an exclusive provider organization to provide

  3  health care services to Medicaid recipients provided that the

  4  exclusive provider organization meets applicable managed care

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

  6  409.9128, and 627.6472, and other applicable provisions of

  7  law.

  8         (7)  The Agency for Health Care Administration may

  9  provide cost-effective purchasing of chiropractic services on

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

11  arrangements with a statewide chiropractic preferred provider

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

13  corporation.  The agency shall ensure that the benefit limits

14  and prior authorization requirements in the current Medicaid

15  program shall apply to the services provided by the

16  chiropractic preferred provider organization.

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

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

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

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

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

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

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

24  to:

25         (a)  Fraud;

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

27  including those proscribing price fixing between competitors

28  and the allocation of customers among competitors;

29         (c)  Commission of a felony involving embezzlement,

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

31  destruction of records, making false statements, receiving


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    CS for SB 1108                                Second Engrossed



  1  stolen property, making false claims, or obstruction of

  2  justice; or

  3         (d)  Any crime in any jurisdiction which directly

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

  5  fixed-sum basis.

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

  7  apply for waivers of applicable federal laws and regulations

  8  as necessary to implement more appropriate systems of health

  9  care for Medicaid recipients and reduce the cost of the

10  Medicaid program to the state and federal governments and

11  shall implement such programs, after legislative approval,

12  within a reasonable period of time after federal approval.

13  These programs must be designed primarily to reduce the need

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

15  institutional care, and other high-cost services.

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

17  waiver as authorized by this subsection, the agency shall

18  provide notice and an opportunity for public comment.  Notice

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

20  agency for advance notice and shall be published in the

21  Florida Administrative Weekly not less than 28 days prior to

22  the intended action.

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

24  appropriated to the Department of Elderly Affairs for the

25  Assisted Living for the Elderly Medicaid waiver and are not

26  expended shall be transferred to the agency to fund

27  Medicaid-reimbursed nursing home care.

28         (10)  The agency shall establish a postpayment

29  utilization control program designed to identify recipients

30  who may inappropriately overuse or underuse Medicaid services

31  and shall provide methods to correct such misuse.


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    CS for SB 1108                                Second Engrossed



  1         (11)  The agency shall develop and provide coordinated

  2  systems of care for Medicaid recipients and may contract with

  3  public or private entities to develop and administer such

  4  systems of care among public and private health care providers

  5  in a given geographic area.

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

  7  operation of utilization management and incentive systems

  8  designed to encourage cost-effective use services.

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

10  utilization and price patterns within the Medicaid program

11  which are not cost-effective or medically appropriate and

12  assess the effectiveness of new or alternate methods of

13  providing and monitoring service, and may implement such

14  methods as it considers appropriate. Such methods may include

15  disease management initiatives, an integrated and systematic

16  approach for managing the health care needs of recipients who

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

18  best practices, prevention strategies, clinical-practice

19  improvement, clinical interventions and protocols, outcomes

20  research, information technology, and other tools and

21  resources to reduce overall costs and improve measurable

22  outcomes.

23         (b)  The responsibility of the agency under this

24  subsection shall include the development of capabilities to

25  identify actual and optimal practice patterns; patient and

26  provider educational initiatives; methods for determining

27  patient compliance with prescribed treatments; fraud, waste,

28  and abuse prevention and detection programs; and beneficiary

29  case management programs.

30         1.  The practice pattern identification program shall

31  evaluate practitioner prescribing patterns based on national


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    CS for SB 1108                                Second Engrossed



  1  and regional practice guidelines, comparing practitioners to

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

  3  Board shall consult with a panel of practicing health care

  4  professionals consisting of the following: the Speaker of the

  5  House of Representatives and the President of the Senate shall

  6  each appoint three physicians licensed under chapter 458 or

  7  chapter 459; and the Governor shall appoint two pharmacists

  8  licensed under chapter 465 and one dentist licensed under

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

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

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

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

13  panel shall be responsible for evaluating treatment guidelines

14  and recommending ways to incorporate their use in the practice

15  pattern identification program. Practitioners who are

16  prescribing inappropriately or inefficiently, as determined by

17  the agency, may have their prescribing of certain drugs

18  subject to prior authorization.

19         2.  The agency shall also develop educational

20  interventions designed to promote the proper use of

21  medications by providers and beneficiaries.

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

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

24  of credit requirement for participating pharmacies, enhanced

25  provider auditing practices, the use of additional fraud and

26  abuse software, recipient management programs for

27  beneficiaries inappropriately using their benefits, and other

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

29  and abuse. The initiative shall address enforcement efforts to

30  reduce the number and use of counterfeit prescriptions.

31


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    CS for SB 1108                                Second Engrossed



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

  2  to implement this paragraph.

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

  4  basis shall, in addition to meeting any applicable statutory

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

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

  7  allowable as admitted assets by the Department of Insurance,

  8  and restricted funds or deposits controlled by the agency or

  9  the Department of Insurance, a surplus amount equal to

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

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

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

13  entity's surplus falls below an amount equal to

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

15  revenues, the agency shall prohibit the entity from engaging

16  in marketing and preenrollment activities, shall cease to

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

18  contract until the required balance is achieved.  The

19  requirements of this subsection do not apply:

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

21  incurred by the contracting entity; or

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

23  guaranteed in writing by a guaranteeing organization which:

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

25  assets in excess of $50 million; or

26         2.  Submits a written guarantee acceptable to the

27  agency which is irrevocable during the term of the contracting

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

29  contract, until the agency receives proof of satisfaction of

30  all outstanding obligations incurred under the contract.

31


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    CS for SB 1108                                Second Engrossed



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

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

  3  insolvency protection account with a federally guaranteed

  4  financial institution licensed to do business in this state.

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

  6  capitation payments made by the agency each month until a

  7  maximum total of 2 percent of the total current contract

  8  amount is reached. The restricted insolvency protection

  9  account may be drawn upon with the authorized signatures of

10  two persons designated by the entity and two representatives

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

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

13  the two authorized signatures of representatives of the

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

15  obligations incurred by the entity under the prepaid contract.

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

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

18  upon receipt of proof of satisfaction of all outstanding

19  obligations incurred under this contract.

20         (b)  The agency may waive the insolvency protection

21  account requirement in writing when evidence is on file with

22  the agency of adequate insolvency insurance and reinsurance

23  that will protect enrollees if the entity becomes unable to

24  meet its obligations.

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

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

27  services shall reimburse any hospital or physician that is

28  outside the entity's authorized geographic service area as

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

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

31


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    CS for SB 1108                                Second Engrossed



  1  negotiated with the hospital or physician for the provision of

  2  services or according to the lesser of the following:

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

  4  general public by the hospital or physician; or

  5         (b)  The Florida Medicaid reimbursement rate

  6  established for the hospital or physician.

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

  8  prepaid contractor has been approved by the Department of

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

10  the assignment or transfer of the appropriate Medicaid prepaid

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

12  acquisition if the contractor and the other entity have been

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

14  period, unless the agency determines that the assignment or

15  transfer would be detrimental to the Medicaid recipients or

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

17  not have failed accreditation or committed any material

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

19  Medicaid contract requirements.  For purposes of this section,

20  a merger or acquisition means a change in controlling interest

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

22         (18)  Any entity contracting with the agency pursuant

23  to this section to provide health care services to Medicaid

24  recipients is prohibited from engaging in any of the following

25  practices or activities:

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

27  not limited to, attempts to discourage participation on the

28  basis of actual or perceived health status.

29         (b)  Activities that could mislead or confuse

30  recipients, or misrepresent the organization, its marketing

31


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    CS for SB 1108                                Second Engrossed



  1  representatives, or the agency. Violations of this paragraph

  2  include, but are not limited to:

  3         1.  False or misleading claims that marketing

  4  representatives are employees or representatives of the state

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

  6  organization by whom they are reimbursed.

  7         2.  False or misleading claims that the entity is

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

  9  any other organization which has not certified its endorsement

10  in writing to the entity.

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

12  recommends that a Medicaid recipient enroll with an entity.

13         4.  Claims that a Medicaid recipient will lose benefits

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

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

16  recipient does not enroll with the entity.

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

18  valuable consideration for enrollment, except as authorized by

19  subsection (21).

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

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

22  make a presentation.

23         (e)  Solicitation of Medicaid recipients by marketing

24  representatives stationed in state offices unless approved and

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

26  affected state agency when solicitation occurs in an office of

27  the state agency.  The agency shall ensure that marketing

28  representatives stationed in state offices shall market their

29  managed care plans to Medicaid recipients only in designated

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

31  recipients' activities in the state office.


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    CS for SB 1108                                Second Engrossed



  1         (f)  Enrollment of Medicaid recipients.

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

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

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

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

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

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

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

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

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

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

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

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

14  action.

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

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

17  agency for the provision of health care services to Medicaid

18  recipients may not use or distribute marketing materials used

19  to solicit Medicaid recipients, unless such materials have

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

21  do not apply to general advertising and marketing materials

22  used by a health maintenance organization to solicit both

23  non-Medicaid subscribers and Medicaid recipients.

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

25  organizations and persons or entities exempt from chapter 641

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

27  health care services to Medicaid recipients may be permitted

28  within the capitation rate to provide additional health

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

30  practicably available, provide reasonable value to the

31


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    CS for SB 1108                                Second Engrossed



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

  2  state.

  3         (22)  The agency shall utilize the statewide health

  4  maintenance organization complaint hotline for the purpose of

  5  investigating and resolving Medicaid and prepaid health plan

  6  complaints, maintaining a record of complaints and confirmed

  7  problems, and receiving disenrollment requests made by

  8  recipients.

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

10  health maintenance organization's and the prepaid health

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

12  telephone number of the statewide health maintenance

13  organization complaint hotline on each Medicaid identification

14  card issued by a health maintenance organization or prepaid

15  health plan contracting with the agency to serve Medicaid

16  recipients and on each subscriber handbook issued to a

17  Medicaid recipient.

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

19  improvement system for those entities contracting with the

20  agency pursuant to this section, incorporating all the

21  standards and guidelines developed by the Medicaid Bureau of

22  the Health Care Financing Administration as a part of the

23  quality assurance reform initiative.  The system shall

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

25         (a)  Guidelines for internal quality assurance

26  programs, including standards for:

27         1.  Written quality assurance program descriptions.

28         2.  Responsibilities of the governing body for

29  monitoring, evaluating, and making improvements to care.

30         3.  An active quality assurance committee.

31         4.  Quality assurance program supervision.


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    CS for SB 1108                                Second Engrossed



  1         5.  Requiring the program to have adequate resources to

  2  effectively carry out its specified activities.

  3         6.  Provider participation in the quality assurance

  4  program.

  5         7.  Delegation of quality assurance program activities.

  6         8.  Credentialing and recredentialing.

  7         9.  Enrollee rights and responsibilities.

  8         10.  Availability and accessibility to services and

  9  care.

10         11.  Ambulatory care facilities.

11         12.  Accessibility and availability of medical records,

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

13         13.  Utilization review.

14         14.  A continuity of care system.

15         15.  Quality assurance program documentation.

16         16.  Coordination of quality assurance activity with

17  other management activity.

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

19  elderly and disabled recipients, especially those who are at

20  risk of institutional placement; to persons with developmental

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

22  medical conditions.

23         (b)  Guidelines which require the entities to conduct

24  quality-of-care studies which:

25         1.  Target specific conditions and specific health

26  service delivery issues for focused monitoring and evaluation.

27         2.  Use clinical care standards or practice guidelines

28  to objectively evaluate the care the entity delivers or fails

29  to deliver for the targeted clinical conditions and health

30  services delivery issues.

31


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    CS for SB 1108                                Second Engrossed



  1         3.  Use quality indicators derived from the clinical

  2  care standards or practice guidelines to screen and monitor

  3  care and services delivered.

  4         (c)  Guidelines for external quality review of each

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

  6  individual care review in specific situations; and followup

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

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

  9  quality review function and determining how it is to operate

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

11  agency shall construct its external quality review

12  organization and entity contracts to address each of the

13  following:

14         1.  Delineating the role of the external quality review

15  organization.

16         2.  Length of the external quality review organization

17  contract with the state.

18         3.  Participation of the contracting entities in

19  designing external quality review organization review

20  activities.

21         4.  Potential variation in the type of clinical

22  conditions and health services delivery issues to be studied

23  at each plan.

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

25  studies to be conducted for each plan.

26         6.  Methods for implementing focused studies.

27         7.  Individual care review.

28         8.  Followup activities.

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

30  care services for which an entity has already been

31  compensated, an entity contracting with the agency pursuant to


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    CS for SB 1108                                Second Engrossed



  1  this section shall achieve an annual Early and Periodic

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

  3  rate of at least 60 percent for those recipients continuously

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

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

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

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

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

  9  established in the corrective action plan during the specified

10  timeframe, the agency is authorized to impose appropriate

11  contract sanctions.  At least annually, the agency shall

12  publicly release the EPSDT Services screening rates of each

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

14  Medicaid recipients.

15         (26)  The agency shall perform enrollments and

16  disenrollments for Medicaid recipients who are eligible for

17  MediPass or managed care plans.  Notwithstanding the

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

19  may perform preenrollments of Medicaid recipients under the

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

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

22  and educational materials to a Medicaid recipient and

23  assistance in completing the application forms, but shall not

24  include actual enrollment into a managed care plan.  An

25  application for enrollment shall not be deemed complete until

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

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

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

29  marketing initiatives to inform Medicaid recipients about

30  their managed care options at selected sites.  The agency

31  shall report to the Legislature on the effectiveness of such


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    CS for SB 1108                                Second Engrossed



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

  2  perform managed care plan and MediPass enrollment and

  3  disenrollment services for Medicaid recipients and is

  4  authorized to adopt rules to implement such services. The

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

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

  7  for agency supervision and management of the managed care plan

  8  enrollment and disenrollment contract.

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

10  recipients, MediPass enrollees, or managed care plan enrollees

11  shall be arranged alphabetically showing the provider's name

12  and specialty and, separately, by specialty in alphabetical

13  order.

14         (28)  The agency shall establish an enhanced managed

15  care quality assurance oversight function, to include at least

16  the following components:

17         (a)  At least quarterly analysis and followup,

18  including sanctions as appropriate, of managed care

19  participant utilization of services.

20         (b)  At least quarterly analysis and followup,

21  including sanctions as appropriate, of quality findings of the

22  Medicaid peer review organization and other external quality

23  assurance programs.

24         (c)  At least quarterly analysis and followup,

25  including sanctions as appropriate, of the fiscal viability of

26  managed care plans.

27         (d)  At least quarterly analysis and followup,

28  including sanctions as appropriate, of managed care

29  participant satisfaction and disenrollment surveys.

30         (e)  The agency shall conduct regular and ongoing

31  Medicaid recipient satisfaction surveys.


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    CS for SB 1108                                Second Engrossed



  1

  2  The analyses and followup activities conducted by the agency

  3  under its enhanced managed care quality assurance oversight

  4  function shall not duplicate the activities of accreditation

  5  reviewers for entities regulated under part III of chapter

  6  641, but may include a review of the finding of such

  7  reviewers.

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

  9  with the agency to provide health care services to Medicaid

10  recipients shall annually conduct a background check with the

11  Florida Department of Law Enforcement of all persons with

12  ownership interest of 5 percent or more or executive

13  management responsibility for the managed care plan and shall

14  submit to the agency information concerning any such person

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

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

17  offenses listed in s. 435.03.

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

19  whereby a Medicaid managed care plan enrollee who wishes to

20  enter hospice care may be disenrolled from the managed care

21  plan within 24 hours after contacting the agency regarding

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

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

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

25  disenrollment occurs.

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

27  agency to provide health care services to Medicaid recipients

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

29  provisions of s. 641.513 in providing emergency services and

30  care to Medicaid recipients and MediPass recipients.

31


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    CS for SB 1108                                Second Engrossed



  1         (32)  All entities providing health care services to

  2  Medicaid recipients shall make available, and encourage all

  3  pregnant women and mothers with infants to receive, and

  4  provide documentation in the medical records to reflect, the

  5  following:

  6         (a)  Healthy Start prenatal or infant screening.

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

  8  other factors indicate need.

  9         (c)  Healthy Start enhanced services in accordance with

10  the prenatal or infant screening results.

11         (d)  Immunizations in accordance with recommendations

12  of the Advisory Committee on Immunization Practices of the

13  United States Public Health Service and the American Academy

14  of Pediatrics, as appropriate.

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

16  women and their partners.

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

18  voluntary family planning, to include discussion of all

19  methods of contraception, as appropriate.

20         (g)  Referral to the Special Supplemental Nutrition

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

22         (33)  Any entity that provides Medicaid prepaid health

23  plan services shall ensure the appropriate coordination of

24  health care services with an assisted living facility in cases

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

26  prepaid health plan and a resident of the assisted living

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

28  management and behavioral health services, the entity shall

29  inform the assisted living facility of the procedures to

30  follow should an emergent condition arise.

31


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    CS for SB 1108                                Second Engrossed



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

  2  necessary to provide for cost-effective purchasing of home

  3  health services, private duty nursing services,

  4  transportation, independent laboratory services, and durable

  5  medical equipment and supplies through competitive bidding

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

  7  waivers from the federal Health Care Financing Administration

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

  9  exclude providers not selected through the bidding process

10  from the Medicaid provider network.

11         (35)  The Agency for Health Care Administration is

12  directed to issue a request for proposal or intent to

13  negotiate to implement on a demonstration basis an outpatient

14  specialty services pilot project in a rural and urban county

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

16  "outpatient specialty services" means clinical laboratory,

17  diagnostic imaging, and specified home medical services to

18  include durable medical equipment, prosthetics and orthotics,

19  and infusion therapy.

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

21  Medicaid managed care outpatient specialty services must, at a

22  minimum, meet the following criteria:

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

24  Insurance under part II of chapter 641.

25         2.  The entity must be experienced in providing

26  outpatient specialty services.

27         3.  The entity must demonstrate to the satisfaction of

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

29  patients.

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

31  complaints and grievance process to assist Medicaid recipients


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    CS for SB 1108                                Second Engrossed



  1  enrolled in the pilot managed care program to resolve

  2  complaints and grievances.

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

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

  5  be to determine the cost-effectiveness and effects on

  6  utilization, access, and quality of providing outpatient

  7  specialty services to Medicaid recipients on a prepaid,

  8  capitated basis.

  9         (c)  The agency shall conduct a quality assurance

10  review of the prepaid health clinic each year that the

11  demonstration program is in effect. The prepaid health clinic

12  is responsible for all expenses incurred by the agency in

13  conducting a quality assurance review.

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

15  outpatient specialty services to Medicaid recipients shall

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

17  the agency, for the purpose of conducting the evaluation

18  required in paragraph (e).

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

20  pilot managed care program and report its findings to the

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

22         (36)  The agency shall enter into agreements with

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

24  purpose of providing vision screening.

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

26  prescribed-drug spending-control program that includes the

27  following components:

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

29  drugs for adult Medicaid recipients is limited to the

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

31  Children are exempt from this restriction. Antiretroviral


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    CS for SB 1108                                Second Engrossed



  1  agents are excluded from this limitation. No requirements for

  2  prior authorization or other restrictions on medications used

  3  to treat mental illnesses such as schizophrenia, severe

  4  depression, or bipolar disorder may be imposed on Medicaid

  5  recipients. Medications that will be available without

  6  restriction for persons with mental illnesses include atypical

  7  antipsychotic medications, conventional antipsychotic

  8  medications, selective serotonin reuptake inhibitors, and

  9  other medications used for the treatment of serious mental

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

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

12  agency shall continue to provide unlimited generic drugs,

13  contraceptive drugs and items, and diabetic supplies. Although

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

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

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

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

18  exceptions are based on prior consultation provided by the

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

20  procedures to ensure that:

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

22  consultation by telephone or other telecommunication device

23  within 24 hours after receipt of a request for prior

24  consultation;

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

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

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

28  and

29         c.  Except for the exception for nursing home residents

30  and other institutionalized adults and except for drugs on the

31  restricted formulary for which prior authorization may be


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    CS for SB 1108                                Second Engrossed



  1  sought by an institutional or community pharmacy, prior

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

  3  restriction is sought by the prescriber and not by the

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

  5  an institutional setting beyond the brand-name-drug

  6  restriction, such approval is authorized for 12 months and

  7  monthly prior authorization is not required for that patient.

  8         2.  Reimbursement to pharmacies for Medicaid prescribed

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

10  percent.

11         3.  The agency shall develop and implement a process

12  for managing the drug therapies of Medicaid recipients who are

13  using significant numbers of prescribed drugs each month. The

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

15  comprehensive, physician-directed medical-record reviews,

16  claims analyses, and case evaluations to determine the medical

17  necessity and appropriateness of a patient's treatment plan

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

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

20  Medicaid drug benefit management program shall include

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

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

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

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

25  network based on need, competitive bidding, price

26  negotiations, credentialing, or similar criteria. The agency

27  shall give special consideration to rural areas in determining

28  the size and location of pharmacies included in the Medicaid

29  pharmacy network. A pharmacy credentialing process may include

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

31  size, patient educational programs, patient consultation,


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    CS for SB 1108                                Second Engrossed



  1  disease-management services, and other characteristics. The

  2  agency may impose a moratorium on Medicaid pharmacy enrollment

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

  4  Medicaid-participating providers.

  5         5.  The agency shall develop and implement a program

  6  that requires Medicaid practitioners who prescribe drugs to

  7  use a counterfeit-proof prescription pad for Medicaid

  8  prescriptions. The agency shall require the use of

  9  standardized counterfeit-proof prescription pads by

10  Medicaid-participating prescribers or prescribers who write

11  prescriptions for Medicaid recipients. The agency may

12  implement the program in targeted geographic areas or

13  statewide.

14         6.  The agency may enter into arrangements that require

15  manufacturers of generic drugs prescribed to Medicaid

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

17  average manufacturer price for the manufacturer's generic

18  products. These arrangements shall require that if a

19  generic-drug manufacturer pays federal rebates for

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

21  manufacturer must provide a supplemental rebate to the state

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

23         7.  The agency may establish a preferred drug formulary

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

25  establishment of such formulary, it is authorized to negotiate

26  supplemental rebates from manufacturers that are in addition

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

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

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

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

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


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    CS for SB 1108                                Second Engrossed



  1  supplemental rebates the agency may negotiate. The agency may

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

  3  competitive at lower rebate percentages. Agreement to pay the

  4  minimum supplemental rebate percentage will guarantee a

  5  manufacturer that the Medicaid Pharmaceutical and Therapeutics

  6  Committee will consider a product for inclusion on the

  7  preferred drug formulary. However, a pharmaceutical

  8  manufacturer is not guaranteed placement on the formulary by

  9  simply paying the minimum supplemental rebate. Agency

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

11  recommendations of the Medicaid Pharmaceutical and

12  Therapeutics Committee, as well as the price of competing

13  products minus federal and state rebates. The agency is

14  authorized to contract with an outside agency or contractor to

15  conduct negotiations for supplemental rebates. For the

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

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

18  program benefits that offset a Medicaid expenditure. Such

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

20  disease management programs, drug product donation programs,

21  drug utilization control programs, prescriber and beneficiary

22  counseling and education, fraud and abuse initiatives, and

23  other services or administrative investments with guaranteed

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

25  reduction is included in the General Appropriations Act. The

26  agency is authorized to seek any federal waivers to implement

27  this initiative.

28         8.  The agency shall establish an advisory committee

29  for the purposes of studying the feasibility of using a

30  restricted drug formulary for nursing home residents and other

31  institutionalized adults. The committee shall be comprised of


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    CS for SB 1108                                Second Engrossed



  1  seven members appointed by the Secretary of Health Care

  2  Administration. The committee members shall include two

  3  physicians licensed under chapter 458 or chapter 459; three

  4  pharmacists licensed under chapter 465 and appointed from a

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

  6  Pharmacy Alliance; and two pharmacists licensed under chapter

  7  465.

  8         9.  The Agency for Health Care Administration shall

  9  expand home delivery of pharmacy products. To assist Medicaid

10  patients in securing their prescriptions and reduce program

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

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

13  drugs used by Medicaid patients with diabetes. Medicaid

14  recipients in the current program may obtain nondiabetes drugs

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

16  geographic area covered by the current contract. The agency

17  may seek and implement any federal waivers necessary to

18  implement this subparagraph.

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

20  extent that funds are appropriated to administer the Medicaid

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

22  contract all or any part of this program to private

23  organizations.

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

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

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

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

28  progress made in implementing this subsection and its Medicaid

29  cost-containment measures and their effect on Medicaid

30  prescribed-drug expenditures.

31


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    CS for SB 1108                                Second Engrossed



  1         (38)  Notwithstanding the provisions of chapter 287,

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

  3  contracts for fiscal intermediary services one or more times

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

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

  6  the term of the original contract.

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

  8  demonstration project by establishment in Miami-Dade County of

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

10  improve access to health care for a predominantly minority,

11  medically underserved, and medically complex population and to

12  evaluate alternatives to nursing home care and general acute

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

14  health care condominium and colocated with licensed facilities

15  providing a continuum of care.  The establishment of this

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

17  408.039.  The agency shall report its findings to the

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

19  House of Representatives by January 1, 2003.

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

21  Statutes, is amended to read:

22         409.9116  Disproportionate share/financial assistance

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

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

25  shall administer a federally matched disproportionate share

26  program and a state-funded financial assistance program for

27  statutory rural hospitals. The agency shall make

28  disproportionate share payments to statutory rural hospitals

29  that qualify for such payments and financial assistance

30  payments to statutory rural hospitals that do not qualify for

31  disproportionate share payments. The disproportionate share


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    CS for SB 1108                                Second Engrossed



  1  program payments shall be limited by and conform with federal

  2  requirements. Funds shall be distributed quarterly in each

  3  fiscal year for which an appropriation is made.

  4  Notwithstanding the provisions of s. 409.915, counties are

  5  exempt from contributing toward the cost of this special

  6  reimbursement for hospitals serving a disproportionate share

  7  of low-income patients.

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

  9  defined as statutory rural hospitals, or their

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

11  1, 1998. Any additional hospital that is defined as a

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

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

14  eligible for programs under this section unless additional

15  funds are appropriated each fiscal year specifically to the

16  rural hospital disproportionate share and financial assistance

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

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

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

20  reduction in payments because of the eligibility of an

21  additional hospital to participate in the programs. A

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

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

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

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

26  not required to seek additional appropriations under this

27  subsection.

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

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

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

31


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    CS for SB 1108                                Second Engrossed



  1         409.9122  Mandatory Medicaid managed care enrollment;

  2  programs and procedures.--

  3         (2)

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

  5  managed care plan or MediPass provider, the agency shall

  6  assign the Medicaid recipient to a managed care plan or

  7  MediPass provider. Medicaid recipients who are subject to

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

  9  assigned to managed care plans or provider service networks

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

11  50 percent in managed care plans is achieved.  Once that equal

12  enrollment is achieved, the assignments shall be divided in

13  order to maintain an equal enrollment in MediPass and managed

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

15  respectively. Thereafter, assignment of Medicaid recipients

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

17  preferences of recipients who have made a choice in the

18  previous period. Such proportions shall be revised at least

19  quarterly to reflect an update of the preferences of Medicaid

20  recipients. The agency shall also disproportionately assign

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

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

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

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

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

26  disproportionate assignment of children to children's networks

27  shall be made until the agency has determined that the

28  children's networks have sufficient numbers to be economically

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

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

31  provider organizations, provider service networks, minority


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    CS for SB 1108                                Second Engrossed



  1  physician networks, and pediatric emergency department

  2  diversion programs authorized by this chapter or the General

  3  Appropriations Act. When making assignments, the agency shall

  4  take into account the following criteria:

  5         1.  A managed care plan has sufficient network capacity

  6  to meet the need of members.

  7         2.  The managed care plan or MediPass has previously

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

  9  plan's primary care providers or MediPass providers has

10  previously provided health care to the recipient.

11         3.  The agency has knowledge that the member has

12  previously expressed a preference for a particular managed

13  care plan or MediPass provider as indicated by Medicaid

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

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

16  providers are geographically accessible to the recipient's

17  residence.

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

19  managed care plan or MediPass provider, the agency shall

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

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

22  care plans accepting Medicaid enrollees, in which case

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

24  provider. Medicaid recipients in counties with fewer than two

25  managed care plans accepting Medicaid enrollees who are

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

27  shall be assigned to managed care plans until an equal

28  enrollment of 45 50 percent in MediPass and provider service

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

30  Once that equal enrollment is achieved, the assignments shall

31  be divided in order to maintain an equal enrollment in


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    CS for SB 1108                                Second Engrossed



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

  2  55 percent proportion, respectively. When making assignments,

  3  the agency shall take into account the following criteria:

  4         1.  A managed care plan has sufficient network capacity

  5  to meet the need of members.

  6         2.  The managed care plan or MediPass has previously

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

  8  plan's primary care providers or MediPass providers has

  9  previously provided health care to the recipient.

10         3.  The agency has knowledge that the member has

11  previously expressed a preference for a particular managed

12  care plan or MediPass provider as indicated by Medicaid

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

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

15  providers are geographically accessible to the recipient's

16  residence.

17         5.  The agency has authority to make mandatory

18  assignments based on quality of service and performance of

19  managed care plans.

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

21  499.012, Florida Statutes, is amended to read:

22         499.012  Wholesale distribution; definitions; permits;

23  general requirements.--

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

25         (a)  "Wholesale distribution" means distribution of

26  prescription drugs to persons other than a consumer or

27  patient, but does not include:

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

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

30  accordance with s. 499.014:

31


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    CS for SB 1108                                Second Engrossed



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

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

  3  purchasing organization of a prescription drug for its own use

  4  from the group purchasing organization or from other hospitals

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

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

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

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

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

10  nonprofit affiliate of the organization to the extent

11  otherwise permitted by law.

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

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

14  among hospitals or other health care entities that are under

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

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

17  management and policies of a person or an organization,

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

19  or otherwise.

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

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

22  government agency or any entity eligible to purchase

23  prescription drugs at public health services prices pursuant

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

25  subcontractor for eligible patients of the agency or entity

26  under the following conditions:

27         (I)  The agency or entity must obtain written

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

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

30  Secretary of Health or his or her designee.

31


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    CS for SB 1108                                Second Engrossed



  1         (II)  The contract provider or subcontractor must be

  2  authorized by law to administer or dispense prescription

  3  drugs.

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

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

  6         (IV)  A contract provider or subcontractor must

  7  maintain separate and apart from other prescription drug

  8  inventory any prescription drugs of the agency or entity in

  9  its possession.

10         (V)  The contract provider and subcontractor must

11  maintain and produce immediately for inspection all records of

12  movement or transfer of all the prescription drugs belonging

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

14  records of receipt and disposition of prescription drugs. Each

15  contractor and subcontractor dispensing or administering these

16  drugs must maintain and produce records documenting the

17  dispensing or administration. Records that are required to be

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

19  inventory itemizing drugs received and drugs dispensed by

20  prescription number or administered by patient identifier,

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

22         (VI)  The contract provider or subcontractor may

23  administer or dispense the prescription drugs only to the

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

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

26  contract provider or subcontractor must require proof from

27  each person seeking to fill a prescription or obtain treatment

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

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

30  of the records of the contractor or subcontractor required

31  under sub-sub-subparagraph (V).


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    CS for SB 1108                                Second Engrossed



  1         (VII)  The prescription drugs transferred pursuant to

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

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

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

  5  contract provider and subcontractor and all records pertaining

  6  to prescription drugs subject to this sub-subparagraph shall

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

  8  relating to prescription drugs of a manufacturer under this

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

10  of those drugs, without identifying individual patient

11  information.

12         2.  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 rules established by the department:

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

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

17  that are under common control and are authorized to purchase

18  such prescription drug.

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

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

21  for emergency medical reasons. For purposes of this

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

23  includes transfers of prescription drugs by a retail pharmacy

24  to another retail pharmacy to alleviate a temporary shortage.

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

26  medical director on behalf of a licensed emergency medical

27  services provider to that emergency medical services provider

28  and its transport vehicles for use in accordance with the

29  provider's license under chapter 401.

30

31


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    CS for SB 1108                                Second Engrossed



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

  2  prescription drug to the person's prescription drug wholesale

  3  supplier.

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

  5  care entity to a charitable organization that has been granted

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

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

  8  prescription drugs.

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

10  authorized to purchase or receive prescription drugs to a

11  person licensed or permitted to handle reverse distributions

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

13  person handling the reverse distribution or destruction

14  receives the drug.

15         3.  The distribution of prescription drug samples by

16  manufacturers' representatives or distributors'

17  representatives conducted in accordance with s. 499.028.

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

19  components intended for transfusion.  As used in this

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

21  from a single donor and processed either for transfusion or

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

23  that part of the blood separated by physical or mechanical

24  means.

25         5.  The lawful dispensing of a prescription drug in

26  accordance with chapter 465.

27         Section 9.  The Agency for Health Care Administration

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

29  medically fragile or medical-technology-dependent children in

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

31  provide subacute pediatric transitional care to a maximum of


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    CS for SB 1108                                Second Engrossed



  1  30 children at any one time. The purposes of the study and the

  2  pilot program are to determine ways to permit medically

  3  fragile or medical-technology-dependent children to

  4  successfully make a transition from acute care in a health

  5  care institution to live with their families when possible,

  6  and to provide cost-effective, subacute transitional care

  7  services.

  8         Section 10.  The Agency for Health Care Administration,

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

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

11  the total number of medically fragile or

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

13  21, in the state. By January 1, 2003, the agency must report

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

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

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

17  funding that pay for the services, including the proportional

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

19  The study must include information regarding medically fragile

20  or medical-technology-dependent children residing in

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

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

23  served in prescribed pediatric extended-care centers,

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

25  must identify the total services provided for each child and

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

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

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

29  less-institutional setting.

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

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


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    CS for SB 1108                                Second Engrossed



  1  standards and quality requirements for a subacute pediatric

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

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

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

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

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

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

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

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

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

11  remain in the facility for the maximum allowed stay.

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

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

14  any federal waivers necessary to implement and fund the pilot

15  program.

16         (3)  The subacute pediatric transitional care center

17  must require level I background screening as provided in

18  chapter 435, Florida Statutes, for all employees or

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

20  whose responsibilities may require them to, provide personal

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

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

23  property.

24         Section 12.  (1)  The subacute pediatric transitional

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

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

27         (a)  A physician and an advanced registered nurse

28  practitioner who is familiar with services for medically

29  fragile or medical-technology-dependent children;

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

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


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    CS for SB 1108                                Second Engrossed



  1         (c)  A child development specialist who has experience

  2  in the care of medically fragile or

  3  medical-technology-dependent children and their families;

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

  5  medically fragile or medical-technology-dependent children and

  6  their families; and

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

  8  guardian of a child placed in the center.

  9         (2)  The advisory board shall:

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

11  center to assure conformance with applicable standards

12  developed by the Agency for Health Care Administration; and

13         (b)  Provide consultation with respect to the

14  operational and programmatic components of the center.

15         Section 13.  (1)  The subacute pediatric transitional

16  care center must have written policies and procedures

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

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

19  under the supervision of the center nursing administrator or

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

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

22  be approved as appropriate for placement in the facility by

23  the Children's Medical Services Multidisciplinary Assessment

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

25  Agency for Health Care Administration.

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

27  admitted upon prescription of the medical director of the

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

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

30  the medical director and the advanced registered nurse

31


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    CS for SB 1108                                Second Engrossed



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

  2  center.

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

  4  least the following criteria:

  5         (a)  The child must be medically fragile or

  6  medical-technology-dependent.

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

  8  significant risk of infection to other children or personnel.

  9  The medical and nursing directors shall review, on a

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

11  suspected of having an infectious disease to determine whether

12  admission is appropriate.

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

14  skilled nursing care or other interventions.

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

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

17  nursing director of the center shall implement a preadmission

18  plan that delineates services to be provided and appropriate

19  sources for such services.

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

21  referral, preadmission planning must include the participation

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

23  nursing, social services, and developmental staff to assure

24  that the hospital's discharge plans will be implemented

25  following the child's placement in the center.

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

27  center, family responsibilities, authorized treatment,

28  appropriate release of liability, and emergency disposition

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

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

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


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    CS for SB 1108                                Second Engrossed



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

  2  Care Administration shall report to the Legislature concerning

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

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

  5  of the pilot program.

  6         Section 15.  The Office of Legislative Services shall

  7  contract for a business case study of the feasibility of

  8  outsourcing the administrative, investigative, legal, and

  9  prosecutorial functions and other tasks and services that are

10  necessary to carry out the regulatory responsibilities of the

11  Board of Dentistry, employing its own executive director and

12  other staff, and obtaining authority over collections and

13  expenditures of funds paid by professions regulated by the

14  board into the Medical Quality Assurance Trust Fund. This

15  feasibility study must include a business plan and an

16  assessment of the direct and indirect costs associated with

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

18  appropriated from the Board of Dentistry account within the

19  Medical Quality Assurance Trust Fund to the Office of

20  Legislative Services for the purpose of contracting for the

21  study. The Office of Legislative Services shall submit the

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

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

24  2003.

25         Section 16.  (1)  Notwithstanding section 409.911,

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

27  the Agency for Health Care Administration shall distribute

28  moneys under the regular disproportionate share program only

29  to public hospitals. Public hospitals are defined as those

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

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


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    CS for SB 1108                                Second Engrossed



  1  following methodology shall be used to distribute

  2  disproportionate share dollars to the public hospitals:

  3

  4  For nonstate government-owned or operated hospitals:

  5

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

  7          TAAPH = TA - TAAMH

  8

  9  For state-owned or operated mental health hospitals:

10                     DSHP = (HMD/TMHMD)*TAAMH

11

12  Where:

13         TA = total appropriation.

14         TAAPH = total amount available for public hospitals.

15         TAAMH = total amount available for mental health

16  hospitals.

17         DSHP = disproportionate share hospital payments.

18         HMD = hospital Medicaid days.

19         TMD = total state Medicaid days for public hospital.

20         HCCD = hospital charity care days.

21         TCCD = total state charity care days for public

22  hospitals.

23

24         (2)  Notwithstanding section 409.9112, Florida

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

26  disproportionate share payments to regional perinatal

27  intensive care centers shall be equal to the disproportionate

28  payments made to the regional perinatal intensive care centers

29  in state fiscal year 2001-2002.

30         (3)  Notwithstanding section 409.9117, Florida

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


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    CS for SB 1108                                Second Engrossed



  1  disproportionate share payments to hospitals that qualify for

  2  primary care disproportionate payments shall be equal to the

  3  primary care disproportionate payments made to those hospitals

  4  in state fiscal year 2001-2002.

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

  6  disproportionate share payments shall be made to hospitals

  7  under the provisions of section 409.9119, Florida Statutes.

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

  9  Services does not approve Florida's inpatient hospital state

10  plan amendment for the public disproportionate share program

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

12  under the regular disproportionate share program, regional

13  perinatal intensive care centers disproportionate share

14  program, primary care disproportionate share program, and

15  children's disproportionate share program using the same

16  methodologies used in state fiscal year 2001-2002.

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

18         Section 17.  The Agency for Health Care Administration

19  may conduct a 2-year pilot project to authorize overnight

20  stays in one ambulatory surgical center located in Acute Care

21  Subdistrict 9-1. An overnight stay shall be permitted only to

22  perform plastic and reconstructive surgeries defined by

23  current procedural terminology code numbers 13000-19999. The

24  total time a patient is at the ambulatory surgical center

25  shall not exceed 23 hours and 59 minutes, including the

26  surgery time, and the maximum planned duration of all surgical

27  procedures combined shall not exceed 8 hours. Prior to

28  implementation of the pilot project, the agency shall

29  establish minimum requirements for protecting the health,

30  safety, and welfare of patients receiving overnight care.

31  These shall include, at a minimum, compliance with all


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    CS for SB 1108                                Second Engrossed



  1  statutes and rules applicable to ambulatory surgical centers

  2  and the requirements set forth in Rule 64B8-9.009, F.A.C.,

  3  relating to Level II and Level III procedures. If the agency

  4  implements the pilot project, it shall, within 6 months after

  5  its completion, submit a report to the Legislature on whether

  6  to expand the pilot to include all ambulatory surgical

  7  centers. The recommendation shall be based on consideration of

  8  the efficacy and impact to patient safety and quality of

  9  patient care of providing plastic and reconstructive surgeries

10  in the ambulatory surgical center setting. The agency is

11  authorized to obtain such data as necessary to implement this

12  section.

13         Section 18.  Section 624.91, Florida Statutes, is

14  amended to read:

15         624.91  The Florida Healthy Kids Corporation Act.--

16         (1)  SHORT TITLE.--This section may be cited as the

17  "William G. 'Doc' Myers Healthy Kids Corporation Act."

18         (2)  LEGISLATIVE INTENT.--

19         (a)  The Legislature finds that increased access to

20  health care services could improve children's health and

21  reduce the incidence and costs of childhood illness and

22  disabilities among children in this state. Many children do

23  not have comprehensive, affordable health care services

24  available.  It is the intent of the Legislature that the

25  Florida Healthy Kids Corporation provide comprehensive health

26  insurance coverage to such children. The corporation is

27  encouraged to cooperate with any existing health service

28  programs funded by the public or the private sector and to

29  work cooperatively with the Florida Partnership for School

30  Readiness.

31


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    CS for SB 1108                                Second Engrossed



  1         (b)  It is the intent of the Legislature that the

  2  Florida Healthy Kids Corporation serve as one of several

  3  providers of services to children eligible for medical

  4  assistance under Title XXI of the Social Security Act.

  5  Although the corporation may serve other children, the

  6  Legislature intends the primary recipients of services

  7  provided through the corporation be school-age children with a

  8  family income below 200 percent of the federal poverty level,

  9  who do not qualify for Medicaid.  It is also the intent of the

10  Legislature that state and local government Florida Healthy

11  Kids funds, to the extent permissible under federal law, be

12  used to continue and expand coverage, within available

13  appropriations, to children not eligible for federal matching

14  funds under Title XXI obtain matching federal dollars.

15         (3)  NONENTITLEMENT.--Nothing in this section shall be

16  construed as providing an individual with an entitlement to

17  health care services.  No cause of action shall arise against

18  the state, the Florida Healthy Kids Corporation, or a unit of

19  local government for failure to make health services available

20  under this section.

21         (4)  CORPORATION AUTHORIZATION, DUTIES, POWERS.--

22         (a)  There is created the Florida Healthy Kids

23  Corporation, a not-for-profit corporation which operates on

24  sites designated by the corporation.

25         (b)  The Florida Healthy Kids Corporation shall phase

26  in a program to:

27         1.  Organize school children groups to facilitate the

28  provision of comprehensive health insurance coverage to

29  children;

30         2.  Arrange for the collection of any family, local

31  contributions, or employer payment or premium, in an amount to


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    CS for SB 1108                                Second Engrossed



  1  be determined by the board of directors, to provide for

  2  payment of premiums for comprehensive insurance coverage and

  3  for the actual or estimated administrative expenses;

  4         3.  Arrange for the collection of any voluntary

  5  contributions to provide for payment of premiums for children

  6  who are not eligible for medical assistance under Title XXI of

  7  the Social Security Act. Each fiscal year, the corporation

  8  shall establish a local-match policy for the enrollment of

  9  non-Title XXI eligible children in the Healthy Kids program.

10  By May 1 of each year, the corporation shall provide written

11  notification of the amount to be remitted to the corporation

12  for the following fiscal year under that policy. Local-match

13  sources may include, but are not limited to, funds provided by

14  municipalities, counties, school boards, hospitals, health

15  care providers, charitable organizations, special taxing

16  districts, and private organizations. The minimum local-match

17  cash contributions required each fiscal year and local-match

18  credits shall be determined by the General Appropriations Act.

19  The corporation shall calculate a county's local-match rate

20  based upon that county's percentage of the state's total

21  non-Title XXI expenditures as reported in the corporation's

22  most recently audited financial statement. In awarding the

23  local-match credits, the corporation may consider factors

24  including, but not limited to, population density, per-capita

25  income, existing child-health-related expenditures and

26  services in awarding the credits.

27         4.  Accept voluntary supplemental local-match

28  contributions that comply with the requirements of Title XXI

29  of the Social Security Act for the purpose of providing

30  additional coverage in contributing counties under Title XXI.

31


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    CS for SB 1108                                Second Engrossed



  1         5.3.  Establish the administrative and accounting

  2  procedures for the operation of the corporation;

  3         6.4.  Establish, with consultation from appropriate

  4  professional organizations, standards for preventive health

  5  services and providers and comprehensive insurance benefits

  6  appropriate to children; provided that such standards for

  7  rural areas shall not limit primary care providers to

  8  board-certified pediatricians;

  9         7.5.  Establish eligibility criteria which children

10  must meet in order to participate in the program;

11         8.6.  Establish procedures under which providers of

12  local match to, applicants to and participants in the program

13  may have grievances reviewed by an impartial body and reported

14  to the board of directors of the corporation;

15         9.7.  Establish participation criteria and, if

16  appropriate, contract with an authorized insurer, health

17  maintenance organization, or insurance administrator to

18  provide administrative services to the corporation;

19         10.8.  Establish enrollment criteria which shall

20  include penalties or waiting periods of not fewer than 60 days

21  for reinstatement of coverage upon voluntary cancellation for

22  nonpayment of family premiums;

23         11.9.  If a space is available, establish a special

24  open enrollment period of 30 days' duration for any child who

25  is enrolled in Medicaid or Medikids if such child loses

26  Medicaid or Medikids eligibility and becomes eligible for the

27  Florida Healthy Kids program;

28         12.10.  Contract with authorized insurers or any

29  provider of health care services, meeting standards

30  established by the corporation, for the provision of

31  comprehensive insurance coverage to participants.  Such


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    CS for SB 1108                                Second Engrossed



  1  standards shall include criteria under which the corporation

  2  may contract with more than one provider of health care

  3  services in program sites. Health plans shall be selected

  4  through a competitive bid process. The selection of health

  5  plans shall be based primarily on quality criteria established

  6  by the board. The health plan selection criteria and scoring

  7  system, and the scoring results, shall be available upon

  8  request for inspection after the bids have been awarded;

  9         13.  Establish disenrollment criteria in the event

10  local matching funds are insufficient to cover enrollments.

11         14.11.  Develop and implement a plan to publicize the

12  Florida Healthy Kids Corporation, the eligibility requirements

13  of the program, and the procedures for enrollment in the

14  program and to maintain public awareness of the corporation

15  and the program;

16         15.12.  Secure staff necessary to properly administer

17  the corporation. Staff costs shall be funded from state and

18  local matching funds and such other private or public funds as

19  become available. The board of directors shall determine the

20  number of staff members necessary to administer the

21  corporation;

22         16.13.  As appropriate, enter into contracts with local

23  school boards or other agencies to provide onsite information,

24  enrollment, and other services necessary to the operation of

25  the corporation;

26         17.14.  Provide a report on an annual basis to the

27  Governor, Insurance Commissioner, Commissioner of Education,

28  Senate President, Speaker of the House of Representatives, and

29  Minority Leaders of the Senate and the House of

30  Representatives;

31


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    CS for SB 1108                                Second Engrossed



  1         18.15.  Each fiscal year, establish a maximum number of

  2  participants by county, on a statewide basis, who may enroll

  3  in the program; and without the benefit of local matching

  4  funds.  Thereafter, the corporation may establish local

  5  matching requirements for supplemental participation in the

  6  program. The corporation may vary local matching requirements

  7  and enrollment by county depending on factors which may

  8  influence the generation of local match, including, but not

  9  limited to, population density, per capita income, existing

10  local tax effort, and other factors. The corporation also may

11  accept in-kind match in lieu of cash for the local match

12  requirement to the extent allowed by Title XXI of the Social

13  Security Act; and

14         19.16.  Establish eligibility criteria, premium and

15  cost-sharing requirements, and benefit packages which conform

16  to the provisions of the Florida Kidcare program, as created

17  in ss. 409.810-409.820.

18         (c)  Coverage under the corporation's program is

19  secondary to any other available private coverage held by the

20  participant child or family member. The corporation may

21  establish procedures for coordinating benefits under this

22  program with benefits under other public and private coverage.

23         (d)  The Florida Healthy Kids Corporation shall be a

24  private corporation not for profit, organized pursuant to

25  chapter 617, and shall have all powers necessary to carry out

26  the purposes of this act, including, but not limited to, the

27  power to receive and accept grants, loans, or advances of

28  funds from any public or private agency and to receive and

29  accept from any source contributions of money, property,

30  labor, or any other thing of value, to be held, used, and

31  applied for the purposes of this act.


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    CS for SB 1108                                Second Engrossed



  1         (5)  BOARD OF DIRECTORS.--

  2         (a)  The Florida Healthy Kids Corporation shall operate

  3  subject to the supervision and approval of a board of

  4  directors chaired by the Insurance Commissioner or her or his

  5  designee, and composed of 14 12 other members selected for

  6  3-year terms of office as follows:

  7         1.  One member appointed by the Commissioner of

  8  Education from among three persons nominated by the Florida

  9  Association of School Administrators;

10         2.  One member appointed by the Commissioner of

11  Education from among three persons nominated by the Florida

12  Association of School Boards;

13         3.  One member appointed by the Commissioner of

14  Education from the Office of School Health Programs of the

15  Florida Department of Education;

16         4.  One member appointed by the Governor from among

17  three members nominated by the Florida Pediatric Society;

18         5.  One member, appointed by the Governor, who

19  represents the Children's Medical Services Program;

20         6.  One member appointed by the Insurance Commissioner

21  from among three members nominated by the Florida Hospital

22  Association;

23         7.  Two members, appointed by the Insurance

24  Commissioner, who are representatives of authorized health

25  care insurers or health maintenance organizations;

26         8.  One member, appointed by the Insurance

27  Commissioner, who represents the Institute for Child Health

28  Policy;

29         9.  One member, appointed by the Governor, from among

30  three members nominated by the Florida Academy of Family

31  Physicians;


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    CS for SB 1108                                Second Engrossed



  1         10.  One member, appointed by the Governor, who

  2  represents the Agency for Health Care Administration; and

  3         11.  The State Health Officer or her or his designee;.

  4         12.  One member, appointed by the Insurance

  5  Commissioner from among three members nominated by the Florida

  6  Association of Counties, representing rural counties; and

  7         13.  One member, appointed by the Governor from among

  8  three members nominated by the Florida Association of

  9  Counties, representing urban counties.

10         (b)  A member of the board of directors may be removed

11  by the official who appointed that member.  The board shall

12  appoint an executive director, who is responsible for other

13  staff authorized by the board.

14         (c)  Board members are entitled to receive, from funds

15  of the corporation, reimbursement for per diem and travel

16  expenses as provided by s. 112.061.

17         (d)  There shall be no liability on the part of, and no

18  cause of action shall arise against, any member of the board

19  of directors, or its employees or agents, for any action they

20  take in the performance of their powers and duties under this

21  act.

22         (6)  LICENSING NOT REQUIRED; FISCAL OPERATION.--

23         (a)  The corporation shall not be deemed an insurer.

24  The officers, directors, and employees of the corporation

25  shall not be deemed to be agents of an insurer. Neither the

26  corporation nor any officer, director, or employee of the

27  corporation is subject to the licensing requirements of the

28  insurance code or the rules of the Department of Insurance.

29  However, any marketing representative utilized and compensated

30  by the corporation must be appointed as a representative of

31


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    CS for SB 1108                                Second Engrossed



  1  the insurers or health services providers with which the

  2  corporation contracts.

  3         (b)  The board has complete fiscal control over the

  4  corporation and is responsible for all corporate operations.

  5         (c)  The Department of Insurance shall supervise any

  6  liquidation or dissolution of the corporation and shall have,

  7  with respect to such liquidation or dissolution, all power

  8  granted to it pursuant to the insurance code.

  9         (7)  ACCESS TO RECORDS; CONFIDENTIALITY;

10  PENALTIES.--Notwithstanding any other laws to the contrary,

11  the Florida Healthy Kids Corporation shall have access to the

12  medical records of a student upon receipt of permission from a

13  parent or guardian of the student.  Such medical records may

14  be maintained by state and local agencies.  Any identifying

15  information, including medical records and family financial

16  information, obtained by the corporation pursuant to this

17  subsection is confidential and is exempt from the provisions

18  of s. 119.07(1).  Neither the corporation nor the staff or

19  agents of the corporation may release, without the written

20  consent of the participant or the parent or guardian of the

21  participant, to any state or federal agency, to any private

22  business or person, or to any other entity, any confidential

23  information received pursuant to this subsection.  A violation

24  of this subsection is a misdemeanor of the second degree,

25  punishable as provided in s. 775.082 or s. 775.083.

26         Section 19.  This act shall take effect July 1, 2002.

27

28

29

30

31


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