Amendment
Bill No. 0003B
Amendment No. 468337
CHAMBER ACTION
Senate House
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1Representative Detert offered the following:
2
3     Amendment
4     Remove lines 1038-1174 and insert:
5     (5)  This section does not authorize the agency to
6implement any provision of s. 1115 of the Social Security Act
7experimental, pilot, or demonstration project waiver to reform
8the state Medicaid program in any part of the state other than
9the two geographic areas specified in this section unless
10approved by the Legislature.
11     (6)  The agency shall develop and submit for approval
12applications for waivers of applicable federal laws and
13regulations as necessary to implement the managed care pilot
14project as defined in this section. The agency shall post all
15waiver applications under this section on its Internet website
1630 days before submitting the applications to the United States
17Centers for Medicare and Medicaid Services. All waiver
18applications shall be provided for review and comment to the
19appropriate committees of the Senate and House of
20Representatives for at least 10 working days prior to
21submission. All waivers submitted to and approved by the United
22States Centers for Medicare and Medicaid Services under this
23section must be approved by the Legislature. Federally approved
24waivers must be submitted to the President of the Senate and the
25Speaker of the House of Representatives for referral to the
26appropriate legislative committees. The appropriate committees
27shall recommend whether to approve the implementation of any
28waivers to the Legislature as a whole. The agency shall submit a
29plan containing a recommended timeline for implementation of any
30waivers and budgetary projections of the effect of the pilot
31program under this section on the total Medicaid budget for the
322006-2007 through 2009-2010 state fiscal years. This
33implementation plan shall be submitted to the President of the
34Senate and the Speaker of the House of Representatives at the
35same time any waivers are submitted for consideration by the
36Legislature. The agency is authorized to implement the waiver
37and Centers for Medicare and Medicaid Services Special Terms and
38Conditions number 11-W-00206/4. If the agency seeks approval by
39the Federal Government of any modifications to these special
40terms and conditions, the agency shall provide written
41notification of its intent to modify these terms and conditions
42to the President of the Senate and Speaker of the House of
43Representatives at least 15 days prior to submitting the
44modifications to the Federal Government for consideration. The
45notification shall identify all modifications being pursued and
46the reason they are needed. Upon receiving federal approval of
47any modifications to the special terms and conditions, the
48agency shall report to the Legislature describing the federally
49approved modifications to the special terms and conditions
50within 7 days after their approval by the Federal Government.
51     (7)  Upon review and approval of the applications for
52waivers of applicable federal laws and regulations to implement
53the managed care pilot program by the Legislature, the agency
54may initiate adoption of rules pursuant to ss. 120.536(1) and
55120.54 to implement and administer the managed care pilot
56program as provided in this section.
57     (8)(a)  The Secretary of Health Care Administration shall
58convene a technical advisory panel to advise the agency in the
59following areas:  risk-adjusted rate setting, benefit design,
60and choice counseling. The panel shall include representatives
61from the Florida Association of Health Plans, representatives
62from provider-sponsored networks, and a representative from the
63Office of Insurance Regulation.
64     (b)  The technical advisory panel shall advise the agency
65on the following:
66     1.  The risk-adjusted rate methodology to be used by the
67agency including recommendations on mechanisms to recognize the
68risk of all Medicaid enrollees and transitioning to a risk-
69adjustment system, including recommendations for phasing in risk
70adjustment and the uses of risk corridors.
71     2.  Implementation of an encounter data system to be used
72for risk-adjusted rates.
73     3.  Administrative and implementation issues regarding the
74use of risk-adjusted rates, including, but not limited to, cost,
75simplicity, client privacy, data accuracy, and data exchange.
76     4.  Benefit design issues, including the actuarial
77equivalence and sufficiency standards to be used.
78     5.  The implementation plan for the proposed choice
79counseling system, including the information and materials to be
80provided to recipients, the methodologies by which recipients
81will be counseled regarding choices, criteria to be used to
82assess plan quality, the methodology to be used to assign
83recipients to plans if they fail to choose a managed care plan,
84and the standards to be used for responsiveness to recipient
85inquiries.
86     (c)  The technical advisory panel shall continue in
87existence and advise the secretary on matters outlined in this
88subsection.
89     (9)  The agency must ensure in the first 2 state fiscal
90years in which a risk-adjusted methodology is a component of
91rate setting that no managed care plan providing comprehensive
92benefits to TANF and SSI recipients has an aggregate risk score
93that varies by more than 10 percent from the aggregate weighted
94mean of all managed care plans providing comprehensive benefits
95to TANF and SSI recipients in a reform area. The agency's
96payment to a managed care plan shall be based on such revised
97aggregate risk score.
98     (10)  After any calculations of aggregate risk scores or
99revised aggregate risk scores pursuant to subsection (9), the
100capitation rates for plans participating under 409.91211 shall
101be phased in as follows:
102     (a)  In the first fiscal year, the capitation rates shall
103be weighted so that 75 percent of each capitation rate is based
104on the current methodology and 25 percent is based upon a new
105risk-adjusted capitation rate methodology.
106     (b)  In the second fiscal year, the capitation rates shall
107be weighted so that 50 percent of each capitation rate is based
108on the current methodology and 50 percent is based on a new
109risk-adjusted rate methodology.
110     (c)  In the following fiscal year, the risk-adjusted
111capitation methodology may be fully implemented.
112     (11)  Subsections (9) and (10) shall not apply to managed
113care plans offering benefits exclusively to high-risk, specialty
114populations. The agency shall have the discretion to set risk-
115adjusted rates immediately for said plans.
116     (12)  Prior to the implementation of risk-adjusted rates,
117rates shall be certified by an actuary and approved by the
118federal Centers for Medicare and Medicaid Services.
119     (13)  For purposes of this section, the term "capitated
120managed care plan" includes health insurers authorized under
121chapter 624, exclusive provider organizations authorized under
122chapter 627, health maintenance organizations authorized under
123chapter 641, the Children's Medical Services Network authorized
124under chapter 391, and provider service networks that elect to
125be paid fee-for-service for up to 3 years as authorized under
126this section.
127     (14)  It is the intent of the Legislature that if any
128conflict exists between the provisions contained in this section
129and other provisions of chapter 409, as they relate to
130implementation of the Medicaid managed care pilot program, the
131provisions contained in this section shall control. The agency
132shall provide a written report to the President of the Senate
133and the Speaker of the House of Representatives by April 1,
1342006, identifying any provisions of chapter 409 that conflict
135with the implementation of the Medicaid managed care pilot
136program as created in this section. After April 1, 2006, the
137agency shall provide a written report to the President of the
138Senate and the Speaker of the House of Representatives
139immediately upon identifying any provisions of chapter 409 that
140conflict with the implementation of the Medicaid managed care
141pilot program as created in this section.


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