Florida Senate - 2007           CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 1116, 1st Eng.
                        Barcode 383444
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: AD/2R            .                    
       05/03/2007 02:13 PM         .                    
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11  The Conference Committee on CS for SB 1116, 1st Eng.
12  recommended the following amendment:
13  
14         Conference Committee Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsections (6), (7), and (12) of section
19  381.0302, Florida Statutes, are amended to read:
20         381.0302  Florida Health Services Corps.--
21         (6)  The department may provide loan repayment
22  assistance and travel and relocation reimbursement to
23  dentists, allopathic and osteopathic medical residents with
24  primary care specialties during their last 2 years of
25  residency training or upon completion of residency training,
26  and to physician assistants and nurse practitioners with
27  primary care specialties, in return for an agreement to serve
28  a minimum of 2 years in the Florida Health Services Corps.
29  During the period of service, the maximum amount of annual
30  financial payments shall not be greater than the annual total
31  of loan repayment assistance and tax subsidies authorized by
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 the National Health Services Corps loan repayment program. 2 (7) The financial penalty for noncompliance with 3 participation requirements for persons who have received 4 financial payments under subsection (5) or subsection (6) 5 shall be determined in the same manner as in the National 6 Health Services Corps scholarship program. In addition, 7 noncompliance with participation requirements shall also 8 result in ineligibility for professional licensure or renewal 9 of licensure under chapter 458, chapter 459, chapter 460, part 10 I of chapter 464, chapter 465, or chapter 466. For a 11 participant who is unable to participate for reasons of 12 disability, the penalty is the actual amount of financial 13 assistance provided to the participant. Financial penalties 14 shall be deposited in the Administrative Florida Health 15 Services Corps Trust Fund and shall be used to provide 16 additional scholarship and financial assistance. 17 (12) Funds appropriated under this section shall be 18 deposited in the Florida Health Services Corps Trust Fund, 19 which shall be administered by the department. The department 20 may use funds appropriated for the Florida Health Services 21 Corps as matching funds for federal service-obligation 22 scholarship programs for health care practitioners, such as 23 the Demonstration Grants to States for Community Scholarship 24 Grants program. If funds appropriated under this section are 25 used as matching funds, federal criteria shall be followed 26 whenever there is a conflict between provisions in this 27 section and federal requirements. 28 Section 2. Paragraph (a) of subsection (4) of section 29 394.9082, Florida Statutes, is amended to read: 30 394.9082 Behavioral health service delivery 31 strategies.-- 2 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 (4) CONTRACT FOR SERVICES.-- 2 (a) The Department of Children and Family Services and 3 the Agency for Health Care Administration may contract for the 4 provision or management of behavioral health services with a 5 managing entity in at least two geographic areas. Both the 6 Department of Children and Family Services and the Agency for 7 Health Care Administration must contract with the same 8 managing entity in any distinct geographic area where the 9 strategy operates. This managing entity shall be accountable 10 at a minimum for the delivery of behavioral health services 11 specified and funded by the department and the agency. The 12 geographic area must be of sufficient size in population and 13 have enough public funds for behavioral health services to 14 allow for flexibility and maximum efficiency. Notwithstanding 15 the provisions of s. 409.912(4)(b)1., At least one service 16 delivery strategy must be in one of the service districts in 17 the catchment area of G. Pierce Wood Memorial Hospital. 18 Section 3. Paragraph (c) of subsection (5) of section 19 409.905, Florida Statutes, is amended to read: 20 409.905 Mandatory Medicaid services.--The agency may 21 make payments for the following services, which are required 22 of the state by Title XIX of the Social Security Act, 23 furnished by Medicaid providers to recipients who are 24 determined to be eligible on the dates on which the services 25 were provided. Any service under this section shall be 26 provided only when medically necessary and in accordance with 27 state and federal law. Mandatory services rendered by 28 providers in mobile units to Medicaid recipients may be 29 restricted by the agency. Nothing in this section shall be 30 construed to prevent or limit the agency from adjusting fees, 31 reimbursement rates, lengths of stay, number of visits, number 3 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 of services, or any other adjustments necessary to comply with 2 the availability of moneys and any limitations or directions 3 provided for in the General Appropriations Act or chapter 216. 4 (5) HOSPITAL INPATIENT SERVICES.--The agency shall pay 5 for all covered services provided for the medical care and 6 treatment of a recipient who is admitted as an inpatient by a 7 licensed physician or dentist to a hospital licensed under 8 part I of chapter 395. However, the agency shall limit the 9 payment for inpatient hospital services for a Medicaid 10 recipient 21 years of age or older to 45 days or the number of 11 days necessary to comply with the General Appropriations Act. 12 (c) The Agency for Health Care Administration shall 13 adjust a hospital's current inpatient per diem rate to reflect 14 the cost of serving the Medicaid population at that 15 institution if: 16 1. The hospital experiences an increase in Medicaid 17 caseload by more than 25 percent in any year, primarily 18 resulting from the closure of a hospital in the same service 19 area occurring after July 1, 1995, and; 20 2. the hospital's Medicaid per diem rate is at least 21 25 percent below the Medicaid per patient cost for that year; 22 or 23 2.3. The hospital is located in a county that has five 24 or fewer hospitals, began offering obstetrical services on or 25 after September 1999, and has submitted a request in writing 26 to the agency for a rate adjustment after July 1, 2000, but 27 before September 30, 2000, in which case such hospital's 28 Medicaid inpatient per diem rate shall be adjusted to cost, 29 effective July 1, 2002. 30 31 No later than October 1 of each year, the agency must provide 4 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 estimated costs for any adjustment in a hospital inpatient per 2 diem pursuant to this paragraph to the Executive Office of the 3 Governor, the House of Representatives General Appropriations 4 Committee, and the Senate Appropriations Committee. Before the 5 agency implements a change in a hospital's inpatient per diem 6 rate pursuant to this paragraph, the Legislature must have 7 specifically appropriated sufficient funds in the General 8 Appropriations Act to support the increase in cost as 9 estimated by the agency. 10 Section 4. Subsection (22) of section 409.906, Florida 11 Statutes, is amended, and subsection (26) is added to that 12 section, to read: 13 409.906 Optional Medicaid services.--Subject to 14 specific appropriations, the agency may make payments for 15 services which are optional to the state under Title XIX of 16 the Social Security Act and are furnished by Medicaid 17 providers to recipients who are determined to be eligible on 18 the dates on which the services were provided. Any optional 19 service that is provided shall be provided only when medically 20 necessary and in accordance with state and federal law. 21 Optional services rendered by providers in mobile units to 22 Medicaid recipients may be restricted or prohibited by the 23 agency. Nothing in this section shall be construed to prevent 24 or limit the agency from adjusting fees, reimbursement rates, 25 lengths of stay, number of visits, or number of services, or 26 making any other adjustments necessary to comply with the 27 availability of moneys and any limitations or directions 28 provided for in the General Appropriations Act or chapter 216. 29 If necessary to safeguard the state's systems of providing 30 services to elderly and disabled persons and subject to the 31 notice and review provisions of s. 216.177, the Governor may 5 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 direct the Agency for Health Care Administration to amend the 2 Medicaid state plan to delete the optional Medicaid service 3 known as "Intermediate Care Facilities for the Developmentally 4 Disabled." Optional services may include: 5 (22) PSYCHIATRIC STATE HOSPITAL SERVICES.--The agency 6 may pay for all-inclusive psychiatric inpatient hospital care 7 provided to a recipient age 65 or older in a state treatment 8 facility or in a qualified private free-standing specialty 9 mental hospital. 10 (26) ANESTHESIOLOGIST ASSISTANT SERVICES.--The agency 11 may pay for all services provided to a recipient by an 12 anesthesiologist assistant licensed under s. 458.3475 or s. 13 459.023. Reimbursement for such services must be not less than 14 80 percent of the reimbursement that would be paid to a 15 physician who provided the same services. 16 Section 5. Section 409.9061, Florida Statutes, is 17 repealed. 18 Section 6. Paragraph (b) of subsection (2) and 19 subsection (13) of section 409.908, Florida Statutes, are 20 amended to read: 21 409.908 Reimbursement of Medicaid providers.--Subject 22 to specific appropriations, the agency shall reimburse 23 Medicaid providers, in accordance with state and federal law, 24 according to methodologies set forth in the rules of the 25 agency and in policy manuals and handbooks incorporated by 26 reference therein. These methodologies may include fee 27 schedules, reimbursement methods based on cost reporting, 28 negotiated fees, competitive bidding pursuant to s. 287.057, 29 and other mechanisms the agency considers efficient and 30 effective for purchasing services or goods on behalf of 31 recipients. If a provider is reimbursed based on cost 6 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 reporting and submits a cost report late and that cost report 2 would have been used to set a lower reimbursement rate for a 3 rate semester, then the provider's rate for that semester 4 shall be retroactively calculated using the new cost report, 5 and full payment at the recalculated rate shall be effected 6 retroactively. Medicare-granted extensions for filing cost 7 reports, if applicable, shall also apply to Medicaid cost 8 reports. Payment for Medicaid compensable services made on 9 behalf of Medicaid eligible persons is subject to the 10 availability of moneys and any limitations or directions 11 provided for in the General Appropriations Act or chapter 216. 12 Further, nothing in this section shall be construed to prevent 13 or limit the agency from adjusting fees, reimbursement rates, 14 lengths of stay, number of visits, or number of services, or 15 making any other adjustments necessary to comply with the 16 availability of moneys and any limitations or directions 17 provided for in the General Appropriations Act, provided the 18 adjustment is consistent with legislative intent. 19 (2) 20 (b) Subject to any limitations or directions provided 21 for in the General Appropriations Act, the agency shall 22 establish and implement a Florida Title XIX Long-Term Care 23 Reimbursement Plan (Medicaid) for nursing home care in order 24 to provide care and services in conformance with the 25 applicable state and federal laws, rules, regulations, and 26 quality and safety standards and to ensure that individuals 27 eligible for medical assistance have reasonable geographic 28 access to such care. 29 1. Changes of ownership or of licensed operator may or 30 may not qualify for increases in reimbursement rates 31 associated with the change of ownership or of licensed 7 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 operator. The agency may amend the Title XIX Long Term Care 2 Reimbursement Plan to provide that the initial nursing home 3 reimbursement rates, for the operating, patient care, and MAR 4 components, associated with related and unrelated party 5 changes of ownership or licensed operator filed on or after 6 September 1, 2001, are equivalent to the previous owner's 7 reimbursement rate. 8 1.2. The agency shall amend the long-term care 9 reimbursement plan and cost reporting system to create direct 10 care and indirect care subcomponents of the patient care 11 component of the per diem rate. These two subcomponents 12 together shall equal the patient care component of the per 13 diem rate. Separate cost-based ceilings shall be calculated 14 for each patient care subcomponent. The direct care 15 subcomponent of the per diem rate shall be limited by the 16 cost-based class ceiling, and the indirect care subcomponent 17 may be limited by the lower of the cost-based class ceiling, 18 the target rate class ceiling, or the individual provider 19 target. 20 2.3. The direct care subcomponent shall include 21 salaries and benefits of direct care staff providing nursing 22 services including registered nurses, licensed practical 23 nurses, and certified nursing assistants who deliver care 24 directly to residents in the nursing home facility. This 25 excludes nursing administration, minimum data set, and care 26 plan coordinators, staff development, and staffing 27 coordinator. 28 3.4. All other patient care costs shall be included in 29 the indirect care cost subcomponent of the patient care per 30 diem rate. There shall be no costs directly or indirectly 31 allocated to the direct care subcomponent from a home office 8 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 or management company. 2 4.5. On July 1 of each year, the agency shall report 3 to the Legislature direct and indirect care costs, including 4 average direct and indirect care costs per resident per 5 facility and direct care and indirect care salaries and 6 benefits per category of staff member per facility. 7 5.6. In order to offset the cost of general and 8 professional liability insurance, the agency shall amend the 9 plan to allow for interim rate adjustments to reflect 10 increases in the cost of general or professional liability 11 insurance for nursing homes. This provision shall be 12 implemented to the extent existing appropriations are 13 available. 14 15 It is the intent of the Legislature that the reimbursement 16 plan achieve the goal of providing access to health care for 17 nursing home residents who require large amounts of care while 18 encouraging diversion services as an alternative to nursing 19 home care for residents who can be served within the 20 community. The agency shall base the establishment of any 21 maximum rate of payment, whether overall or component, on the 22 available moneys as provided for in the General Appropriations 23 Act. The agency may base the maximum rate of payment on the 24 results of scientifically valid analysis and conclusions 25 derived from objective statistical data pertinent to the 26 particular maximum rate of payment. 27 (13) Medicare premiums for persons eligible for both 28 Medicare and Medicaid coverage shall be paid at the rates 29 established by Title XVIII of the Social Security Act. For 30 Medicare services rendered to Medicaid-eligible persons, 31 Medicaid shall pay Medicare deductibles and coinsurance as 9 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 follows: 2 (a) Medicaid shall make no payment toward deductibles 3 and coinsurance for any service that is not covered by 4 Medicaid. 5 (a)(b) Medicaid's financial obligation for deductibles 6 and coinsurance payments shall be based on Medicare allowable 7 fees, not on a provider's billed charges. 8 (b)(c) Medicaid will pay no portion of Medicare 9 deductibles and coinsurance when payment that Medicare has 10 made for the service equals or exceeds what Medicaid would 11 have paid if it had been the sole payor. The combined payment 12 of Medicare and Medicaid shall not exceed the amount Medicaid 13 would have paid had it been the sole payor. The Legislature 14 finds that there has been confusion regarding the 15 reimbursement for services rendered to dually eligible 16 Medicare beneficiaries. Accordingly, the Legislature clarifies 17 that it has always been the intent of the Legislature before 18 and after 1991 that, in reimbursing in accordance with fees 19 established by Title XVIII for premiums, deductibles, and 20 coinsurance for Medicare services rendered by physicians to 21 Medicaid eligible persons, physicians be reimbursed at the 22 lesser of the amount billed by the physician or the Medicaid 23 maximum allowable fee established by the Agency for Health 24 Care Administration, as is permitted by federal law. It has 25 never been the intent of the Legislature with regard to such 26 services rendered by physicians that Medicaid be required to 27 provide any payment for deductibles, coinsurance, or 28 copayments for Medicare cost sharing, or any expenses incurred 29 relating thereto, in excess of the payment amount provided for 30 under the State Medicaid plan for such service. This payment 31 methodology is applicable even in those situations in which 10 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 the payment for Medicare cost sharing for a qualified Medicare 2 beneficiary with respect to an item or service is reduced or 3 eliminated. This expression of the Legislature is in 4 clarification of existing law and shall apply to payment for, 5 and with respect to provider agreements with respect to, items 6 or services furnished on or after the effective date of this 7 act. This paragraph applies to payment by Medicaid for items 8 and services furnished before the effective date of this act 9 if such payment is the subject of a lawsuit that is based on 10 the provisions of this section, and that is pending as of, or 11 is initiated after, the effective date of this act. 12 (c)(d) Notwithstanding paragraphs (a)-(b) (a)-(c): 13 1. Medicaid payments for Nursing Home Medicare part A 14 coinsurance shall be limited to the lesser of the Medicare 15 coinsurance amount or the Medicaid nursing home per diem rate 16 less any amount paid by Medicare, but only up to the Medicare 17 coinsurance. The Medicaid per diem rate shall be the rate in 18 effect for the dates of service of the crossover claims and 19 may not be subsequently adjusted due to subsequent per diem 20 rate adjustments. 21 2. Medicaid shall pay all deductibles and coinsurance 22 for Medicare-eligible recipients receiving freestanding end 23 stage renal dialysis center services. 24 3. Medicaid payments for general hospital inpatient 25 services shall be limited to the Medicare deductible per spell 26 of illness and coinsurance. Medicaid shall make no payment 27 toward coinsurance for Medicare general hospital inpatient 28 services. 29 4. Medicaid shall pay all deductibles and coinsurance 30 for Medicare emergency transportation services provided by 31 ambulances licensed pursuant to chapter 401. 11 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 Section 7. Paragraph (a) of subsection (2) of section 2 409.911, Florida Statutes, is amended to read: 3 409.911 Disproportionate share program.--Subject to 4 specific allocations established within the General 5 Appropriations Act and any limitations established pursuant to 6 chapter 216, the agency shall distribute, pursuant to this 7 section, moneys to hospitals providing a disproportionate 8 share of Medicaid or charity care services by making quarterly 9 Medicaid payments as required. Notwithstanding the provisions 10 of s. 409.915, counties are exempt from contributing toward 11 the cost of this special reimbursement for hospitals serving a 12 disproportionate share of low-income patients. 13 (2) The Agency for Health Care Administration shall 14 use the following actual audited data to determine the 15 Medicaid days and charity care to be used in calculating the 16 disproportionate share payment: 17 (a) The average of the 2001, 2002, and 2003 2000, 18 2001, and 2002 audited disproportionate share data to 19 determine each hospital's Medicaid days and charity care for 20 the 2007-2008 2006-2007 state fiscal year. 21 Section 8. Section 409.9112, Florida Statutes, is 22 amended to read: 23 409.9112 Disproportionate share program for regional 24 perinatal intensive care centers.--In addition to the payments 25 made under s. 409.911, the Agency for Health Care 26 Administration shall design and implement a system of making 27 disproportionate share payments to those hospitals that 28 participate in the regional perinatal intensive care center 29 program established pursuant to chapter 383. This system of 30 payments shall conform with federal requirements and shall 31 distribute funds in each fiscal year for which an 12 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 appropriation is made by making quarterly Medicaid payments. 2 Notwithstanding the provisions of s. 409.915, counties are 3 exempt from contributing toward the cost of this special 4 reimbursement for hospitals serving a disproportionate share 5 of low-income patients. For the state fiscal year 2007-2008 6 2005-2006, the agency shall not distribute moneys under the 7 regional perinatal intensive care centers disproportionate 8 share program. 9 (1) The following formula shall be used by the agency 10 to calculate the total amount earned for hospitals that 11 participate in the regional perinatal intensive care center 12 program: 13 14 TAE = HDSP/THDSP 15 16 Where: 17 TAE = total amount earned by a regional perinatal 18 intensive care center. 19 HDSP = the prior state fiscal year regional perinatal 20 intensive care center disproportionate share payment to the 21 individual hospital. 22 THDSP = the prior state fiscal year total regional 23 perinatal intensive care center disproportionate share 24 payments to all hospitals. 25 26 (2) The total additional payment for hospitals that 27 participate in the regional perinatal intensive care center 28 program shall be calculated by the agency as follows: 29 30 TAP = TAE x TA 31 13 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 Where: 2 TAP = total additional payment for a regional perinatal 3 intensive care center. 4 TAE = total amount earned by a regional perinatal 5 intensive care center. 6 TA = total appropriation for the regional perinatal 7 intensive care center disproportionate share program. 8 9 (3) In order to receive payments under this section, a 10 hospital must be participating in the regional perinatal 11 intensive care center program pursuant to chapter 383 and must 12 meet the following additional requirements: 13 (a) Agree to conform to all departmental and agency 14 requirements to ensure high quality in the provision of 15 services, including criteria adopted by departmental and 16 agency rule concerning staffing ratios, medical records, 17 standards of care, equipment, space, and such other standards 18 and criteria as the department and agency deem appropriate as 19 specified by rule. 20 (b) Agree to provide information to the department and 21 agency, in a form and manner to be prescribed by rule of the 22 department and agency, concerning the care provided to all 23 patients in neonatal intensive care centers and high-risk 24 maternity care. 25 (c) Agree to accept all patients for neonatal 26 intensive care and high-risk maternity care, regardless of 27 ability to pay, on a functional space-available basis. 28 (d) Agree to develop arrangements with other maternity 29 and neonatal care providers in the hospital's region for the 30 appropriate receipt and transfer of patients in need of 31 specialized maternity and neonatal intensive care services. 14 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 (e) Agree to establish and provide a developmental 2 evaluation and services program for certain high-risk 3 neonates, as prescribed and defined by rule of the department. 4 (f) Agree to sponsor a program of continuing education 5 in perinatal care for health care professionals within the 6 region of the hospital, as specified by rule. 7 (g) Agree to provide backup and referral services to 8 the department's county health departments and other 9 low-income perinatal providers within the hospital's region, 10 including the development of written agreements between these 11 organizations and the hospital. 12 (h) Agree to arrange for transportation for high-risk 13 obstetrical patients and neonates in need of transfer from the 14 community to the hospital or from the hospital to another more 15 appropriate facility. 16 (4) Hospitals which fail to comply with any of the 17 conditions in subsection (3) or the applicable rules of the 18 department and agency shall not receive any payments under 19 this section until full compliance is achieved. A hospital 20 which is not in compliance in two or more consecutive quarters 21 shall not receive its share of the funds. Any forfeited funds 22 shall be distributed by the remaining participating regional 23 perinatal intensive care center program hospitals. 24 Section 9. Section 409.9113, Florida Statutes, is 25 amended to read: 26 409.9113 Disproportionate share program for teaching 27 hospitals.--In addition to the payments made under ss. 409.911 28 and 409.9112, the Agency for Health Care Administration shall 29 make disproportionate share payments to statutorily defined 30 teaching hospitals for their increased costs associated with 31 medical education programs and for tertiary health care 15 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 services provided to the indigent. This system of payments 2 shall conform with federal requirements and shall distribute 3 funds in each fiscal year for which an appropriation is made 4 by making quarterly Medicaid payments. Notwithstanding s. 5 409.915, counties are exempt from contributing toward the cost 6 of this special reimbursement for hospitals serving a 7 disproportionate share of low-income patients. For the state 8 fiscal year 2007-2008 2006-2007, the agency shall distribute 9 the moneys provided in the General Appropriations Act to 10 statutorily defined teaching hospitals and family practice 11 teaching hospitals under the teaching hospital 12 disproportionate share program. The funds provided for 13 statutorily defined teaching hospitals shall be distributed in 14 the same proportion as the state fiscal year 2003-2004 15 teaching hospital disproportionate share funds were 16 distributed. The funds provided for family practice teaching 17 hospitals shall be distributed equally among family practice 18 teaching hospitals. 19 (1) On or before September 15 of each year, the Agency 20 for Health Care Administration shall calculate an allocation 21 fraction to be used for distributing funds to state statutory 22 teaching hospitals. Subsequent to the end of each quarter of 23 the state fiscal year, the agency shall distribute to each 24 statutory teaching hospital, as defined in s. 408.07, an 25 amount determined by multiplying one-fourth of the funds 26 appropriated for this purpose by the Legislature times such 27 hospital's allocation fraction. The allocation fraction for 28 each such hospital shall be determined by the sum of three 29 primary factors, divided by three. The primary factors are: 30 (a) The number of nationally accredited graduate 31 medical education programs offered by the hospital, including 16 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 programs accredited by the Accreditation Council for Graduate 2 Medical Education and the combined Internal Medicine and 3 Pediatrics programs acceptable to both the American Board of 4 Internal Medicine and the American Board of Pediatrics at the 5 beginning of the state fiscal year preceding the date on which 6 the allocation fraction is calculated. The numerical value of 7 this factor is the fraction that the hospital represents of 8 the total number of programs, where the total is computed for 9 all state statutory teaching hospitals. 10 (b) The number of full-time equivalent trainees in the 11 hospital, which comprises two components: 12 1. The number of trainees enrolled in nationally 13 accredited graduate medical education programs, as defined in 14 paragraph (a). Full-time equivalents are computed using the 15 fraction of the year during which each trainee is primarily 16 assigned to the given institution, over the state fiscal year 17 preceding the date on which the allocation fraction is 18 calculated. The numerical value of this factor is the fraction 19 that the hospital represents of the total number of full-time 20 equivalent trainees enrolled in accredited graduate programs, 21 where the total is computed for all state statutory teaching 22 hospitals. 23 2. The number of medical students enrolled in 24 accredited colleges of medicine and engaged in clinical 25 activities, including required clinical clerkships and 26 clinical electives. Full-time equivalents are computed using 27 the fraction of the year during which each trainee is 28 primarily assigned to the given institution, over the course 29 of the state fiscal year preceding the date on which the 30 allocation fraction is calculated. The numerical value of this 31 factor is the fraction that the given hospital represents of 17 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 the total number of full-time equivalent students enrolled in 2 accredited colleges of medicine, where the total is computed 3 for all state statutory teaching hospitals. 4 5 The primary factor for full-time equivalent trainees is 6 computed as the sum of these two components, divided by two. 7 (c) A service index that comprises three components: 8 1. The Agency for Health Care Administration Service 9 Index, computed by applying the standard Service Inventory 10 Scores established by the Agency for Health Care 11 Administration to services offered by the given hospital, as 12 reported on Worksheet A-2 for the last fiscal year reported to 13 the agency before the date on which the allocation fraction is 14 calculated. The numerical value of this factor is the 15 fraction that the given hospital represents of the total 16 Agency for Health Care Administration Service Index values, 17 where the total is computed for all state statutory teaching 18 hospitals. 19 2. A volume-weighted service index, computed by 20 applying the standard Service Inventory Scores established by 21 the Agency for Health Care Administration to the volume of 22 each service, expressed in terms of the standard units of 23 measure reported on Worksheet A-2 for the last fiscal year 24 reported to the agency before the date on which the allocation 25 factor is calculated. The numerical value of this factor is 26 the fraction that the given hospital represents of the total 27 volume-weighted service index values, where the total is 28 computed for all state statutory teaching hospitals. 29 3. Total Medicaid payments to each hospital for direct 30 inpatient and outpatient services during the fiscal year 31 preceding the date on which the allocation factor is 18 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 calculated. This includes payments made to each hospital for 2 such services by Medicaid prepaid health plans, whether the 3 plan was administered by the hospital or not. The numerical 4 value of this factor is the fraction that each hospital 5 represents of the total of such Medicaid payments, where the 6 total is computed for all state statutory teaching hospitals. 7 8 The primary factor for the service index is computed as the 9 sum of these three components, divided by three. 10 (2) By October 1 of each year, the agency shall use 11 the following formula to calculate the maximum additional 12 disproportionate share payment for statutorily defined 13 teaching hospitals: 14 15 TAP = THAF x A 16 17 Where: 18 TAP = total additional payment. 19 THAF = teaching hospital allocation factor. 20 A = amount appropriated for a teaching hospital 21 disproportionate share program. 22 Section 10. Section 409.9117, Florida Statutes, is 23 amended to read: 24 409.9117 Primary care disproportionate share 25 program.--For the state fiscal year 2007-2008 2006-2007, the 26 agency shall not distribute moneys under the primary care 27 disproportionate share program. 28 (1) If federal funds are available for 29 disproportionate share programs in addition to those otherwise 30 provided by law, there shall be created a primary care 31 disproportionate share program. 19 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 (2) The following formula shall be used by the agency 2 to calculate the total amount earned for hospitals that 3 participate in the primary care disproportionate share 4 program: 5 6 TAE = HDSP/THDSP 7 8 Where: 9 TAE = total amount earned by a hospital participating 10 in the primary care disproportionate share program. 11 HDSP = the prior state fiscal year primary care 12 disproportionate share payment to the individual hospital. 13 THDSP = the prior state fiscal year total primary care 14 disproportionate share payments to all hospitals. 15 16 (3) The total additional payment for hospitals that 17 participate in the primary care disproportionate share program 18 shall be calculated by the agency as follows: 19 20 TAP = TAE x TA 21 22 Where: 23 TAP = total additional payment for a primary care 24 hospital. 25 TAE = total amount earned by a primary care hospital. 26 TA = total appropriation for the primary care 27 disproportionate share program. 28 29 (4) In the establishment and funding of this program, 30 the agency shall use the following criteria in addition to 31 those specified in s. 409.911, payments may not be made to a 20 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 hospital unless the hospital agrees to: 2 (a) Cooperate with a Medicaid prepaid health plan, if 3 one exists in the community. 4 (b) Ensure the availability of primary and specialty 5 care physicians to Medicaid recipients who are not enrolled in 6 a prepaid capitated arrangement and who are in need of access 7 to such physicians. 8 (c) Coordinate and provide primary care services free 9 of charge, except copayments, to all persons with incomes up 10 to 100 percent of the federal poverty level who are not 11 otherwise covered by Medicaid or another program administered 12 by a governmental entity, and to provide such services based 13 on a sliding fee scale to all persons with incomes up to 200 14 percent of the federal poverty level who are not otherwise 15 covered by Medicaid or another program administered by a 16 governmental entity, except that eligibility may be limited to 17 persons who reside within a more limited area, as agreed to by 18 the agency and the hospital. 19 (d) Contract with any federally qualified health 20 center, if one exists within the agreed geopolitical 21 boundaries, concerning the provision of primary care services, 22 in order to guarantee delivery of services in a nonduplicative 23 fashion, and to provide for referral arrangements, privileges, 24 and admissions, as appropriate. The hospital shall agree to 25 provide at an onsite or offsite facility primary care services 26 within 24 hours to which all Medicaid recipients and persons 27 eligible under this paragraph who do not require emergency 28 room services are referred during normal daylight hours. 29 (e) Cooperate with the agency, the county, and other 30 entities to ensure the provision of certain public health 31 services, case management, referral and acceptance of 21 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 patients, and sharing of epidemiological data, as the agency 2 and the hospital find mutually necessary and desirable to 3 promote and protect the public health within the agreed 4 geopolitical boundaries. 5 (f) In cooperation with the county in which the 6 hospital resides, develop a low-cost, outpatient, prepaid 7 health care program to persons who are not eligible for the 8 Medicaid program, and who reside within the area. 9 (g) Provide inpatient services to residents within the 10 area who are not eligible for Medicaid or Medicare, and who do 11 not have private health insurance, regardless of ability to 12 pay, on the basis of available space, except that nothing 13 shall prevent the hospital from establishing bill collection 14 programs based on ability to pay. 15 (h) Work with the Florida Healthy Kids Corporation, 16 the Florida Health Care Purchasing Cooperative, and business 17 health coalitions, as appropriate, to develop a feasibility 18 study and plan to provide a low-cost comprehensive health 19 insurance plan to persons who reside within the area and who 20 do not have access to such a plan. 21 (i) Work with public health officials and other 22 experts to provide community health education and prevention 23 activities designed to promote healthy lifestyles and 24 appropriate use of health services. 25 (j) Work with the local health council to develop a 26 plan for promoting access to affordable health care services 27 for all persons who reside within the area, including, but not 28 limited to, public health services, primary care services, 29 inpatient services, and affordable health insurance generally. 30 31 Any hospital that fails to comply with any of the provisions 22 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 of this subsection, or any other contractual condition, may 2 not receive payments under this section until full compliance 3 is achieved. 4 Section 11. Paragraph (b) of subsection (4) of section 5 409.912, Florida Statutes, is amended, and subsections (53) 6 and (54) are added to that section, to read: 7 409.912 Cost-effective purchasing of health care.--The 8 agency shall purchase goods and services for Medicaid 9 recipients in the most cost-effective manner consistent with 10 the delivery of quality medical care. To ensure that medical 11 services are effectively utilized, the agency may, in any 12 case, require a confirmation or second physician's opinion of 13 the correct diagnosis for purposes of authorizing future 14 services under the Medicaid program. This section does not 15 restrict access to emergency services or poststabilization 16 care services as defined in 42 C.F.R. part 438.114. Such 17 confirmation or second opinion shall be rendered in a manner 18 approved by the agency. The agency shall maximize the use of 19 prepaid per capita and prepaid aggregate fixed-sum basis 20 services when appropriate and other alternative service 21 delivery and reimbursement methodologies, including 22 competitive bidding pursuant to s. 287.057, designed to 23 facilitate the cost-effective purchase of a case-managed 24 continuum of care. The agency shall also require providers to 25 minimize the exposure of recipients to the need for acute 26 inpatient, custodial, and other institutional care and the 27 inappropriate or unnecessary use of high-cost services. The 28 agency shall contract with a vendor to monitor and evaluate 29 the clinical practice patterns of providers in order to 30 identify trends that are outside the normal practice patterns 31 of a provider's professional peers or the national guidelines 23 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 of a provider's professional association. The vendor must be 2 able to provide information and counseling to a provider whose 3 practice patterns are outside the norms, in consultation with 4 the agency, to improve patient care and reduce inappropriate 5 utilization. The agency may mandate prior authorization, drug 6 therapy management, or disease management participation for 7 certain populations of Medicaid beneficiaries, certain drug 8 classes, or particular drugs to prevent fraud, abuse, overuse, 9 and possible dangerous drug interactions. The Pharmaceutical 10 and Therapeutics Committee shall make recommendations to the 11 agency on drugs for which prior authorization is required. The 12 agency shall inform the Pharmaceutical and Therapeutics 13 Committee of its decisions regarding drugs subject to prior 14 authorization. The agency is authorized to limit the entities 15 it contracts with or enrolls as Medicaid providers by 16 developing a provider network through provider credentialing. 17 The agency may competitively bid single-source-provider 18 contracts if procurement of goods or services results in 19 demonstrated cost savings to the state without limiting access 20 to care. The agency may limit its network based on the 21 assessment of beneficiary access to care, provider 22 availability, provider quality standards, time and distance 23 standards for access to care, the cultural competence of the 24 provider network, demographic characteristics of Medicaid 25 beneficiaries, practice and provider-to-beneficiary standards, 26 appointment wait times, beneficiary use of services, provider 27 turnover, provider profiling, provider licensure history, 28 previous program integrity investigations and findings, peer 29 review, provider Medicaid policy and billing compliance 30 records, clinical and medical record audits, and other 31 factors. Providers shall not be entitled to enrollment in the 24 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 Medicaid provider network. The agency shall determine 2 instances in which allowing Medicaid beneficiaries to purchase 3 durable medical equipment and other goods is less expensive to 4 the Medicaid program than long-term rental of the equipment or 5 goods. The agency may establish rules to facilitate purchases 6 in lieu of long-term rentals in order to protect against fraud 7 and abuse in the Medicaid program as defined in s. 409.913. 8 The agency may seek federal waivers necessary to administer 9 these policies. 10 (4) The agency may contract with: 11 (b) An entity that is providing comprehensive 12 behavioral health care services to certain Medicaid recipients 13 through a capitated, prepaid arrangement pursuant to the 14 federal waiver provided for by s. 409.905(5). Such an entity 15 must be licensed under chapter 624, chapter 636, or chapter 16 641 and must possess the clinical systems and operational 17 competence to manage risk and provide comprehensive behavioral 18 health care to Medicaid recipients. As used in this paragraph, 19 the term "comprehensive behavioral health care services" means 20 covered mental health and substance abuse treatment services 21 that are available to Medicaid recipients. The secretary of 22 the Department of Children and Family Services shall approve 23 provisions of procurements related to children in the 24 department's care or custody prior to enrolling such children 25 in a prepaid behavioral health plan. Any contract awarded 26 under this paragraph must be competitively procured. In 27 developing the behavioral health care prepaid plan procurement 28 document, the agency shall ensure that the procurement 29 document requires the contractor to develop and implement a 30 plan to ensure compliance with s. 394.4574 related to services 31 provided to residents of licensed assisted living facilities 25 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 that hold a limited mental health license. Except as provided 2 in subparagraph 8., and except in counties where the Medicaid 3 managed care pilot program is authorized pursuant to s. 4 409.91211, the agency shall seek federal approval to contract 5 with a single entity meeting these requirements to provide 6 comprehensive behavioral health care services to all Medicaid 7 recipients not enrolled in a Medicaid managed care plan 8 authorized under s. 409.91211 or a Medicaid health maintenance 9 organization in an AHCA area. In an AHCA area where the 10 Medicaid managed care pilot program is authorized pursuant to 11 s. 409.91211 in one or more counties, the agency may procure a 12 contract with a single entity to serve the remaining counties 13 as an AHCA area or the remaining counties may be included with 14 an adjacent AHCA area and shall be subject to this paragraph. 15 Each entity must offer sufficient choice of providers in its 16 network to ensure recipient access to care and the opportunity 17 to select a provider with whom they are satisfied. The network 18 shall include all public mental health hospitals. To ensure 19 unimpaired access to behavioral health care services by 20 Medicaid recipients, all contracts issued pursuant to this 21 paragraph shall require each managed care company to report to 22 the agency on an annual basis the percentage of the capitation 23 paid to the managed care company which is expended for the 24 provision of behavioral health care services. 80 percent of 25 the capitation paid to the managed care plan, including health 26 maintenance organizations, to be expended for the provision of 27 behavioral health care services. In the event the managed care 28 plan expends less than 80 percent of the capitation paid 29 pursuant to this paragraph for the provision of behavioral 30 health care services, the difference shall be returned to the 31 agency. The agency shall provide the managed care plan with a 26 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 certification letter indicating the amount of capitation paid 2 during each calendar year for the provision of behavioral 3 health care services pursuant to this section. The agency may 4 reimburse for substance abuse treatment services on a 5 fee-for-service basis until the agency finds that adequate 6 funds are available for capitated, prepaid arrangements. 7 1. By January 1, 2001, the agency shall modify the 8 contracts with the entities providing comprehensive inpatient 9 and outpatient mental health care services to Medicaid 10 recipients in Hillsborough, Highlands, Hardee, Manatee, and 11 Polk Counties, to include substance abuse treatment services. 12 1.2. By July 1, 2003, the agency and the Department of 13 Children and Family Services shall execute a written agreement 14 that requires collaboration and joint development of all 15 policy, budgets, procurement documents, contracts, and 16 monitoring plans that have an impact on the state and Medicaid 17 community mental health and targeted case management programs. 18 2.3. Except as provided in subparagraph 7. 8., by July 19 1, 2006, the agency and the Department of Children and Family 20 Services shall contract with managed care entities in each 21 AHCA area except area 6 or arrange to provide comprehensive 22 inpatient and outpatient mental health and substance abuse 23 services through capitated prepaid arrangements to all 24 Medicaid recipients who are eligible to participate in such 25 plans under federal law and regulation. In AHCA areas where 26 eligible individuals number less than 150,000, the agency 27 shall contract with a single managed care plan to provide 28 comprehensive behavioral health services to all recipients who 29 are not enrolled in a Medicaid health maintenance organization 30 or a Medicaid capitated managed care plan authorized under s. 31 409.91211. The agency may contract with more than one 27 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 comprehensive behavioral health provider to provide care to 2 recipients who are not enrolled in a Medicaid capitated 3 managed care plan authorized under s. 409.91211 or a Medicaid 4 health maintenance organization in AHCA areas where the 5 eligible population exceeds 150,000. In an AHCA area where the 6 Medicaid managed care pilot program is authorized pursuant to 7 s. 409.91211 in one or more counties, the agency may procure a 8 contract with a single entity to serve the remaining counties 9 as an AHCA area or the remaining counties may be included with 10 an adjacent AHCA area and shall be subject to this paragraph. 11 Contracts for comprehensive behavioral health providers 12 awarded pursuant to this section shall be competitively 13 procured. Both for-profit and not-for-profit corporations 14 shall be eligible to compete. Managed care plans contracting 15 with the agency under subsection (3) shall provide and receive 16 payment for the same comprehensive behavioral health benefits 17 as provided in AHCA rules, including handbooks incorporated by 18 reference. In AHCA area 11, the agency shall contract with at 19 least two comprehensive behavioral health care providers to 20 provide behavioral health care to recipients in that area who 21 are enrolled in, or assigned to, the MediPass program. One of 22 the behavioral health care contracts shall be with the 23 existing provider service network pilot project, as described 24 in paragraph (d), for the purpose of demonstrating the 25 cost-effectiveness of the provision of quality mental health 26 services through a public hospital-operated managed care 27 model. Payment shall be at an agreed-upon capitated rate to 28 ensure cost savings. Of the recipients in area 11 who are 29 assigned to MediPass under the provisions of s. 30 409.9122(2)(k), a minimum of 50,000 of those MediPass-enrolled 31 recipients shall be assigned to the existing provider service 28 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 network in area 11 for their behavioral care. 2 3.4. By October 1, 2003, the agency and the department 3 shall submit a plan to the Governor, the President of the 4 Senate, and the Speaker of the House of Representatives which 5 provides for the full implementation of capitated prepaid 6 behavioral health care in all areas of the state. 7 a. Implementation shall begin in 2003 in those AHCA 8 areas of the state where the agency is able to establish 9 sufficient capitation rates. 10 b. If the agency determines that the proposed 11 capitation rate in any area is insufficient to provide 12 appropriate services, the agency may adjust the capitation 13 rate to ensure that care will be available. The agency and the 14 department may use existing general revenue to address any 15 additional required match but may not over-obligate existing 16 funds on an annualized basis. 17 c. Subject to any limitations provided for in the 18 General Appropriations Act, the agency, in compliance with 19 appropriate federal authorization, shall develop policies and 20 procedures that allow for certification of local and state 21 funds. 22 4.5. Children residing in a statewide inpatient 23 psychiatric program, or in a Department of Juvenile Justice or 24 a Department of Children and Family Services residential 25 program approved as a Medicaid behavioral health overlay 26 services provider shall not be included in a behavioral health 27 care prepaid health plan or any other Medicaid managed care 28 plan pursuant to this paragraph. 29 5.6. In converting to a prepaid system of delivery, 30 the agency shall in its procurement document require an entity 31 providing only comprehensive behavioral health care services 29 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 to prevent the displacement of indigent care patients by 2 enrollees in the Medicaid prepaid health plan providing 3 behavioral health care services from facilities receiving 4 state funding to provide indigent behavioral health care, to 5 facilities licensed under chapter 395 which do not receive 6 state funding for indigent behavioral health care, or 7 reimburse the unsubsidized facility for the cost of behavioral 8 health care provided to the displaced indigent care patient. 9 6.7. Traditional community mental health providers 10 under contract with the Department of Children and Family 11 Services pursuant to part IV of chapter 394, child welfare 12 providers under contract with the Department of Children and 13 Family Services in areas 1 and 6, and inpatient mental health 14 providers licensed pursuant to chapter 395 must be offered an 15 opportunity to accept or decline a contract to participate in 16 any provider network for prepaid behavioral health services. 17 7.8. For fiscal year 2004-2005, all Medicaid eligible 18 children, except children in areas 1 and 6, whose cases are 19 open for child welfare services in the HomeSafeNet system, 20 shall be enrolled in MediPass or in Medicaid fee-for-service 21 and all their behavioral health care services including 22 inpatient, outpatient psychiatric, community mental health, 23 and case management shall be reimbursed on a fee-for-service 24 basis. Beginning July 1, 2005, such children, who are open for 25 child welfare services in the HomeSafeNet system, shall 26 receive their behavioral health care services through a 27 specialty prepaid plan operated by community-based lead 28 agencies either through a single agency or formal agreements 29 among several agencies. The specialty prepaid plan must result 30 in savings to the state comparable to savings achieved in 31 other Medicaid managed care and prepaid programs. Such plan 30 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 must provide mechanisms to maximize state and local revenues. 2 The specialty prepaid plan shall be developed by the agency 3 and the Department of Children and Family Services. The agency 4 is authorized to seek any federal waivers to implement this 5 initiative. Medicaid-eligible children whose cases are open 6 for child welfare services in the HomeSafeNet system and who 7 reside in AHCA area 10 shall be exempt from the specialty 8 prepaid plan upon the development of a service delivery 9 mechanism for area 10 children as specified in s. 10 409.91211(3)(dd). 11 8. The agency may implement a methodology based on 12 encounter data to develop capitation rates for prepaid health 13 plans contracted to provide behavioral health services 14 pursuant to this paragraph and for health maintenance 15 organizations contracted to provide behavioral health services 16 pursuant to subsection (3). For contracts beginning in the 17 first state fiscal year in which an encounter-based system is 18 used in any agency service area, 90 percent of the capitation 19 rate shall be based on the agency's fee-for-service 20 methodology and 10 percent shall be based on the behavioral 21 health encounter data system methodology. For contracts 22 beginning in the second and third state fiscal years in which 23 an encounter-based system is used in any agency service area, 24 no less than 75 percent of the capitation rate shall be based 25 on the agency's fee-for-service methodology and not more than 26 25 percent shall be based on the behavioral health encounter 27 data system methodology. If the agency applies an encounter 28 data system methodology in agency service areas 1 and 6 in 29 state fiscal year 2007-2008, the 2007-2008 state fiscal year 30 shall be considered the first year of the implementation. 31 (53)(a) A pharmacist may not dispense a drug for 31 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 immunosuppressive therapy following transplant unless the drug 2 is the specific formulation and manufactured by the specific 3 manufacturer as prescribed by the patient's physician. 4 (b) A pharmacist may substitute a drug product that is 5 generically equivalent for immunosuppressive therapy following 6 transplant only if, before making the substitution, the 7 pharmacist obtains a signed authorization from the prescribing 8 physician. 9 (54) Before seeking an amendment to the state plan for 10 purposes of implementing programs authorized by the Deficit 11 Reduction Act of 2005, the agency shall notify the 12 Legislature. 13 Section 12. Paragraph (dd) of subsection (3) of 14 section 409.91211, Florida Statutes, is amended to read: 15 409.91211 Medicaid managed care pilot program.-- 16 (3) The agency shall have the following powers, 17 duties, and responsibilities with respect to the pilot 18 program: 19 (dd) To implement develop and recommend service 20 delivery mechanisms within capitated managed care plans to 21 provide Medicaid services as specified in ss. 409.905 and 22 409.906 to Medicaid-eligible children who are open for child 23 welfare services in the HomeSafeNet system in foster care. 24 These services must be coordinated with community-based care 25 providers as specified in s. 409.1671 s. 409.1675, where 26 available, and be sufficient to meet the medical, 27 developmental, behavioral, and emotional needs of these 28 children. These service-delivery mechanisms must be 29 implemented no later than July 1, 2008, in AHCA area 10 in 30 order for the children in AHCA area 10 to remain exempt from 31 the statewide plan under s. 409.912(4)(b)7. 32 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 Section 13. Subsection (13) of section 409.9122, 2 Florida Statutes, is amended to read: 3 409.9122 Mandatory Medicaid managed care enrollment; 4 programs and procedures.-- 5 (13) Effective July 1, 2003, the agency shall adjust 6 the enrollee assignment process of Medicaid managed prepaid 7 health plans for those Medicaid managed prepaid plans 8 operating in Miami-Dade County which have executed a contract 9 with the agency for a minimum of 8 consecutive years in order 10 for the Medicaid managed prepaid plan to maintain a minimum 11 enrollment level of 15,000 members per month. When assigning 12 enrollees pursuant to this subsection, the agency shall give 13 priority to providers that initially qualified under this 14 subsection until such providers reach and maintain an 15 enrollment level of 15,000 members per month. A prepaid health 16 plan that has a statewide Medicaid enrollment of 25,000 or 17 more members is not eligible for enrollee assignments under 18 this subsection. 19 Section 14. Subsection (2) of section 409.9124, 20 Florida Statutes, is amended, and subsections (7) and (8) are 21 added to that section, to read: 22 409.9124 Managed care reimbursement.--The agency shall 23 develop and adopt by rule a methodology for reimbursing 24 managed care plans. 25 (2) Each year prior to establishing new managed care 26 rates, the agency shall review all prior year adjustments for 27 changes in trend, and shall reduce or eliminate those 28 adjustments which are not reasonable and which reflect 29 policies or programs which are not in effect. In addition, the 30 agency shall apply only those policy reductions applicable to 31 the fiscal year for which the rates are being set, which can 33 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 be accurately estimated and verified by an independent 2 actuary, and which have been implemented prior to or will be 3 implemented during the fiscal year. The agency shall pay rates 4 at per-member, per-month averages that do not exceed the 5 amounts allowed for in the General Appropriations Act 6 applicable to the fiscal year for which the rates will be in 7 effect. 8 (7) Effective January 1, 2008, the agency shall amend 9 its rule pertaining to the methodology for reimbursing managed 10 care plans created pursuant to this section, and for each 11 agency area and eligibility category, the percentage of the 12 payment limit shall be increased by 0.5 percentage point from 13 the percentage of the payment limit specified in the 2006-2007 14 rule. The percentage of the payment limit may not exceed 100 15 percent for any agency area or eligibility category. 16 (8) Effective January 1, 2009, the agency shall amend 17 its rule pertaining to the methodology for reimbursing managed 18 care plans created pursuant to this section, and for each 19 agency area and eligibility category, the percentage of the 20 payment limit shall be increased by 1.5 percentage points from 21 the percentage of the payment limit specified in the 2007-2008 22 rule. The percentage of the payment limit may not exceed 100 23 percent for any agency area or eligibility category. 24 Section 15. Subsection (36) of section 409.913, 25 Florida Statutes, is amended to read: 26 409.913 Oversight of the integrity of the Medicaid 27 program.--The agency shall operate a program to oversee the 28 activities of Florida Medicaid recipients, and providers and 29 their representatives, to ensure that fraudulent and abusive 30 behavior and neglect of recipients occur to the minimum extent 31 possible, and to recover overpayments and impose sanctions as 34 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 appropriate. Beginning January 1, 2003, and each year 2 thereafter, the agency and the Medicaid Fraud Control Unit of 3 the Department of Legal Affairs shall submit a joint report to 4 the Legislature documenting the effectiveness of the state's 5 efforts to control Medicaid fraud and abuse and to recover 6 Medicaid overpayments during the previous fiscal year. The 7 report must describe the number of cases opened and 8 investigated each year; the sources of the cases opened; the 9 disposition of the cases closed each year; the amount of 10 overpayments alleged in preliminary and final audit letters; 11 the number and amount of fines or penalties imposed; any 12 reductions in overpayment amounts negotiated in settlement 13 agreements or by other means; the amount of final agency 14 determinations of overpayments; the amount deducted from 15 federal claiming as a result of overpayments; the amount of 16 overpayments recovered each year; the amount of cost of 17 investigation recovered each year; the average length of time 18 to collect from the time the case was opened until the 19 overpayment is paid in full; the amount determined as 20 uncollectible and the portion of the uncollectible amount 21 subsequently reclaimed from the Federal Government; the number 22 of providers, by type, that are terminated from participation 23 in the Medicaid program as a result of fraud and abuse; and 24 all costs associated with discovering and prosecuting cases of 25 Medicaid overpayments and making recoveries in such cases. The 26 report must also document actions taken to prevent 27 overpayments and the number of providers prevented from 28 enrolling in or reenrolling in the Medicaid program as a 29 result of documented Medicaid fraud and abuse and must 30 recommend changes necessary to prevent or recover 31 overpayments. 35 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 (36) The agency shall provide to each Medicaid 2 recipient or his or her representative an explanation of 3 benefits in the form of a letter that is mailed to the most 4 recent address of the recipient on the record with the 5 Department of Children and Family Services. The explanation of 6 benefits must include the patient's name, the name of the 7 health care provider and the address of the location where the 8 service was provided, a description of all services billed to 9 Medicaid in terminology that should be understood by a 10 reasonable person, and information on how to report 11 inappropriate or incorrect billing to the agency or other law 12 enforcement entities for review or investigation. The 13 explanation of benefits may not be mailed for Medicaid 14 independent laboratory services as described in s. 409.905(7) 15 or for the Medicaid certified match services as described in 16 ss. 409.9071 and 1011.70. 17 Section 16. Paragraph (a) of subsection (9) of section 18 430.705, Florida Statutes, is amended to read: 19 430.705 Implementation of the long-term care community 20 diversion pilot projects.-- 21 (9) Community diversion pilot projects must: 22 (a) Provide services for participants that are of 23 sufficient quality, quantity, type, and duration to prevent or 24 delay nursing facility placement. Services shall include 25 hospice care by a licensed hospice. 26 Section 17. Present subsections (3) and (4) of section 27 458.319, Florida Statutes, are redesignated as subsections (4) 28 and (5), respectively, and a new subsection (3) is added to 29 that section, to read: 30 458.319 Renewal of license.-- 31 (3) The Department of Health shall waive the biennial 36 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 license renewal fee for up to 10,000 allopathic or osteopathic 2 physicians, in the aggregate, who have a valid, active license 3 to practice under this chapter or chapter 459; whose primary 4 practice address, as reported under s. 456.041, is located 5 within the state; and who submit to the department, prior to 6 the applicable license renewal date, a sworn affidavit that 7 the physician is prescribing medications exclusively through 8 the use of electronic prescribing software at the physician's 9 primary practice address. For purposes of this subsection, the 10 term "electronic prescribing software" means, at a minimum, 11 software that electronically generates and securely transmits, 12 in real time, a patient prescription to a pharmacy. The 13 department may adopt rules necessary to implement this 14 subsection. This subsection expires July 1, 2008. 15 Section 18. Section 459.0092, Florida Statutes, is 16 amended to read: 17 459.0092 Fees.-- 18 (1) The board shall set fees according to the 19 following schedule: 20 (a)(1) The fee for application or certification 21 pursuant to ss. 459.007, 459.0075, and 459.0077 shall not 22 exceed $500. 23 (b)(2) The fee for application and examination 24 pursuant to s. 459.006 shall not exceed $175 plus the actual 25 per applicant cost to the department for purchase of the 26 examination from the National Board of Osteopathic Medical 27 Examiners or a similar national organization. 28 (c)(3) The fee for biennial renewal of licensure or 29 certification shall not exceed $500. 30 (2) The Department of Health shall waive the biennial 31 license renewal fee for up to 10,000 allopathic or osteopathic 37 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 physicians, in the aggregate, who have a valid, active license 2 to practice under chapter 458 or this chapter; whose primary 3 practice address, as reported under s. 456.041, is located 4 within the state; and who submit to the department, prior to 5 the applicable license renewal date, a sworn affidavit that 6 the physician is prescribing medications exclusively through 7 the use of electronic prescribing software at the physician's 8 primary practice address. For purposes of this subsection, the 9 term "electronic prescribing software" means, at a minimum, 10 software that electronically generates and securely transmits, 11 in real time, a patient prescription to a pharmacy. The 12 department may adopt rules necessary to implement this 13 subsection. This subsection expires July 1, 2008. 14 Section 19. This act shall take effect July 1, 2007. 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 Delete everything before the enacting clause 20 21 and insert: 22 A bill to be entitled 23 An act relating to health care; amending s. 24 381.0302, F.S.; authorizing the Department of 25 Health to provide loan repayment assistance and 26 travel and relocation reimbursement to dentists 27 who agree to serve 2 years in the Florida 28 Health Services Corps; requiring that financial 29 penalties for noncompliance with requirements 30 for participating in the corps be deposited 31 into the Administrative Trust Fund; deleting 38 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 provisions requiring the deposit of moneys into 2 the Florida Health Services Corps Trust Fund; 3 amending s. 394.9082, F.S.; conforming a 4 cross-reference; amending s. 409.905, F.S.; 5 revising circumstances under which the Agency 6 for Health Care Administration adjusts a 7 hospital's inpatient per diem rate under the 8 Medicaid program; amending s. 409.906, F.S.; 9 authorizing the Agency for Health Care 10 Administration to pay for psychiatric inpatient 11 hospital care to certain persons in certain 12 treatment facilities or specialty hospitals; 13 authorizing the agency to pay for services 14 provided by an anesthesiologist assistant; 15 providing for reimbursement; repealing s. 16 409.9061, F.S., relating to the agency 17 contracting with statewide laboratory services; 18 amending s. 409.908, F.S.; deleting the 19 provision that authorizes the agency to amend 20 the Medicaid plan with regard to change of 21 ownership or of the licensed operator of a 22 nursing home; deleting the provision that 23 prohibits Medicaid from making payment toward 24 deductibles and coinsurance for services not 25 covered by Medicaid; revising the calculation 26 for Medicaid payments for Nursing Home Medicare 27 part A coinsurance; limiting Medicaid payments 28 for general hospital inpatient services to the 29 Medicare deductible per spell of illness and 30 coinsurance; amending s. 409.911, F.S.; 31 revising the share data used to calculate the 39 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 disproportionate share payments to hospitals; 2 amending s. 409.9112, F.S.; revising the time 3 period during which the agency is prohibited 4 from distributing disproportionate share 5 payments to regional perinatal intensive care 6 centers; amending s. 409.9113, F.S.; requiring 7 the agency to distribute moneys provided in the 8 General Appropriations Act to statutorily 9 defined teaching hospitals and family practice 10 teaching hospitals under the teaching hospital 11 disproportionate share program for the 12 2007-2008 fiscal year; amending s. 409.9117, 13 F.S.; prohibiting the agency from distributing 14 moneys under the primary care disproportionate 15 share program for the 2007-2008 fiscal year; 16 amending s. 409.912, F.S.; revising contract 17 requirements for behavioral health care 18 services for Medicaid recipients; exempting 19 certain Medicaid-eligible children from the 20 specialty prepaid plan upon the development of 21 a service delivery system for such children; 22 authorizing the agency to implement a 23 methodology to develop capitation rates for 24 prepaid health plans contracted to provide 25 behavioral health services; prohibiting a 26 pharmacist from dispensing a drug for 27 immunosuppressive therapy; providing an 28 exception; authorizing a pharmacist to 29 substitute certain drugs for immunosuppressive 30 therapy under certain conditions; requiring 31 that the agency notify the Legislature before 40 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 seeking an amendment to the state plan in order 2 to implement programs authorized by the Deficit 3 Reduction Act of 2005; amending s. 409.91211, 4 F.S.; requiring the agency to implement 5 delivery mechanisms to provide Medicaid 6 services to Medicaid-eligible children who are 7 open for child welfare services in the 8 HomeSafeNet system; requiring that the services 9 be sufficient to meet the medical, 10 developmental, behavioral, and emotional needs 11 of the children; directing the agency to 12 implement the service delivery by a specified 13 date; amending s. 409.9122, F.S.; requiring 14 that the agency give priority to certain 15 prepaid health plans when assigning enrollees 16 under the Medicaid program; limiting the 17 eligibility of certain providers to contract 18 with the agency; amending s. 409.9124, F.S.; 19 revising the methodology used by the agency in 20 reimbursing managed care plans; specifying 21 certain percentage increases in payment limits; 22 amending s. 409.913, F.S.; prohibiting the 23 explanation of certain Medicaid benefits from 24 being mailed; amending s. 430.705, F.S.; 25 including hospice care within the long-term 26 care community diversion pilot projects; 27 amending ss. 458.319 and 459.0092, F.S.; 28 requiring the Department of Health to waive the 29 biennial license renewal fee for up to a 30 specified number of allopathic or osteopathic 31 physicians; providing conditions for such 41 9:38 PM 04/29/07 c1116e1d-05
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1116, 1st Eng. Barcode 383444 1 waiver; authorizing the department to adopt 2 rules; providing for future expiration; 3 providing an effective date. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 42 9:38 PM 04/29/07 c1116e1d-05