| 1 | A bill to be entitled | 
| 2 | An act relating to health care; amending s. 409.911, F.S.; | 
| 3 | revising the method for calculating disproportionate share | 
| 4 | payments to hospitals; amending s. 409.9112, F.S.; | 
| 5 | revising the time period during which the Agency for | 
| 6 | Health Care Administration is prohibited from distributing | 
| 7 | disproportionate share payments to regional perinatal | 
| 8 | intensive care centers; amending s. 409.9113, F.S.; | 
| 9 | revising the time period for distribution of | 
| 10 | disproportionate share payments to teaching hospitals; | 
| 11 | amending s. 409.9117, F.S.; revising the time period | 
| 12 | during which the agency is prohibited from distributing | 
| 13 | certain moneys under the primary care disproportionate | 
| 14 | share program; amending s. 409.906, F.S.; authorizing the | 
| 15 | agency to pay for certain services provided by an | 
| 16 | anesthesiologist assistant; amending s. 393.063, F.S.; | 
| 17 | revising the definition of the term "support coordinator"; | 
| 18 | amending s. 393.0661, F.S.; requiring the Agency for | 
| 19 | Persons with Disabilities, in consultation with the Agency | 
| 20 | for Health Care Administration, to implement federal | 
| 21 | waivers to create a model service delivery system pilot | 
| 22 | project for Medicaid recipients with developmental | 
| 23 | disabilities; providing legislative intent; providing for | 
| 24 | implementation of the system on a pilot basis in certain | 
| 25 | areas of the state; providing for administration of the | 
| 26 | system by the Agency for Persons with Disabilities; | 
| 27 | providing requirements for selection of service providers | 
| 28 | to operate the system; providing for mandatory enrollment | 
| 29 | in pilot areas; requiring an evaluation of the system; | 
| 30 | providing for the formation of local and statewide | 
| 31 | advisory committees; requiring the committees to submit | 
| 32 | quarterly reports to the Legislature; requiring the agency | 
| 33 | to submit a report to the Governor and Legislature; | 
| 34 | authorizing the agency to seek federal waivers or Medicaid | 
| 35 | state plan amendments and adopt rules; requiring the | 
| 36 | agency to receive specific authorization from the | 
| 37 | Legislature before expanding the system; providing | 
| 38 | appropriations; providing an effective date. | 
| 39 | 
 | 
| 40 | Be It Enacted by the Legislature of the State of Florida: | 
| 41 | 
 | 
| 42 | Section 1.  Subsection (2) of section 409.911, Florida | 
| 43 | Statutes, is amended to read: | 
| 44 | 409.911  Disproportionate share program.--Subject to | 
| 45 | specific allocations established within the General | 
| 46 | Appropriations Act and any limitations established pursuant to | 
| 47 | chapter 216, the agency shall distribute, pursuant to this | 
| 48 | section, moneys to hospitals providing a disproportionate share | 
| 49 | of Medicaid or charity care services by making quarterly | 
| 50 | Medicaid payments as required. Notwithstanding the provisions of | 
| 51 | s. 409.915, counties are exempt from contributing toward the | 
| 52 | cost of this special reimbursement for hospitals serving a | 
| 53 | disproportionate share of low-income patients. | 
| 54 | (2)  The Agency for Health Care Administration shall use | 
| 55 | the following actual audited data to determine the Medicaid days | 
| 56 | and charity care to be used in calculating the disproportionate | 
| 57 | share payment: | 
| 58 | (a)  The average of the 2001, 2002, and 2003 2000, 2001, | 
| 59 | and 2002audited disproportionate share data to determine each | 
| 60 | hospital's Medicaid days and charity care for the 2007-2008 | 
| 61 | 2006-2007state fiscal year. | 
| 62 | (b)  If the Agency for Health Care Administration does not | 
| 63 | have the prescribed 3 years of audited disproportionate share | 
| 64 | data as noted in paragraph (a) for a hospital, the agency shall | 
| 65 | use the average of the years of the audited disproportionate | 
| 66 | share data as noted in paragraph (a) which is available. | 
| 67 | (c)  In accordance with s. 1923(b) of the Social Security | 
| 68 | Act, a hospital with a Medicaid inpatient utilization rate | 
| 69 | greater than one standard deviation above the statewide mean or | 
| 70 | a hospital with a low-income utilization rate of 25 percent or | 
| 71 | greater shall qualify for reimbursement. | 
| 72 | Section 2.  Section 409.9112, Florida Statutes, is amended | 
| 73 | to read: | 
| 74 | 409.9112  Disproportionate share program for regional | 
| 75 | perinatal intensive care centers.--In addition to the payments | 
| 76 | made under s. 409.911, the Agency for Health Care Administration | 
| 77 | shall design and implement a system of making disproportionate | 
| 78 | share payments to those hospitals that participate in the | 
| 79 | regional perinatal intensive care center program established | 
| 80 | pursuant to chapter 383. This system of payments shall conform | 
| 81 | with federal requirements and shall distribute funds in each | 
| 82 | fiscal year for which an appropriation is made by making | 
| 83 | quarterly Medicaid payments. Notwithstanding the provisions of | 
| 84 | s. 409.915, counties are exempt from contributing toward the | 
| 85 | cost of this special reimbursement for hospitals serving a | 
| 86 | disproportionate share of low-income patients. For the state | 
| 87 | fiscal year 2007-2008 2005-2006, the agency shall not distribute | 
| 88 | moneys under the regional perinatal intensive care centers | 
| 89 | disproportionate share program. | 
| 90 | (1)  The following formula shall be used by the agency to | 
| 91 | calculate the total amount earned for hospitals that participate | 
| 92 | in the regional perinatal intensive care center program: | 
| 93 | 
 | 
| 94 | TAE = HDSP/THDSP | 
| 95 | 
 | 
| 96 | Where: | 
| 97 | TAE = total amount earned by a regional perinatal intensive | 
| 98 | care center. | 
| 99 | HDSP = the prior state fiscal year regional perinatal | 
| 100 | intensive care center disproportionate share payment to the | 
| 101 | individual hospital. | 
| 102 | THDSP = the prior state fiscal year total regional | 
| 103 | perinatal intensive care center disproportionate share payments | 
| 104 | to all hospitals. | 
| 105 | (2)  The total additional payment for hospitals that | 
| 106 | participate in the regional perinatal intensive care center | 
| 107 | program shall be calculated by the agency as follows: | 
| 108 | 
 | 
| 109 | TAP = TAE x TA | 
| 110 | 
 | 
| 111 | Where: | 
| 112 | TAP = total additional payment for a regional perinatal | 
| 113 | intensive care center. | 
| 114 | TAE = total amount earned by a regional perinatal intensive | 
| 115 | care center. | 
| 116 | TA = total appropriation for the regional perinatal | 
| 117 | intensive care center disproportionate share program. | 
| 118 | (3)  In order to receive payments under this section, a | 
| 119 | hospital must be participating in the regional perinatal | 
| 120 | intensive care center program pursuant to chapter 383 and must | 
| 121 | meet the following additional requirements: | 
| 122 | (a)  Agree to conform to all departmental and agency | 
| 123 | requirements to ensure high quality in the provision of | 
| 124 | services, including criteria adopted by departmental and agency | 
| 125 | rule concerning staffing ratios, medical records, standards of | 
| 126 | care, equipment, space, and such other standards and criteria as | 
| 127 | the department and agency deem appropriate as specified by rule. | 
| 128 | (b)  Agree to provide information to the department and | 
| 129 | agency, in a form and manner to be prescribed by rule of the | 
| 130 | department and agency, concerning the care provided to all | 
| 131 | patients in neonatal intensive care centers and high-risk | 
| 132 | maternity care. | 
| 133 | (c)  Agree to accept all patients for neonatal intensive | 
| 134 | care and high-risk maternity care, regardless of ability to pay, | 
| 135 | on a functional space-available basis. | 
| 136 | (d)  Agree to develop arrangements with other maternity and | 
| 137 | neonatal care providers in the hospital's region for the | 
| 138 | appropriate receipt and transfer of patients in need of | 
| 139 | specialized maternity and neonatal intensive care services. | 
| 140 | (e)  Agree to establish and provide a developmental | 
| 141 | evaluation and services program for certain high-risk neonates, | 
| 142 | as prescribed and defined by rule of the department. | 
| 143 | (f)  Agree to sponsor a program of continuing education in | 
| 144 | perinatal care for health care professionals within the region | 
| 145 | of the hospital, as specified by rule. | 
| 146 | (g)  Agree to provide backup and referral services to the | 
| 147 | department's county health departments and other low-income | 
| 148 | perinatal providers within the hospital's region, including the | 
| 149 | development of written agreements between these organizations | 
| 150 | and the hospital. | 
| 151 | (h)  Agree to arrange for transportation for high-risk | 
| 152 | obstetrical patients and neonates in need of transfer from the | 
| 153 | community to the hospital or from the hospital to another more | 
| 154 | appropriate facility. | 
| 155 | (4)  Hospitals which fail to comply with any of the | 
| 156 | conditions in subsection (3) or the applicable rules of the | 
| 157 | department and agency shall not receive any payments under this | 
| 158 | section until full compliance is achieved. A hospital which is | 
| 159 | not in compliance in two or more consecutive quarters shall not | 
| 160 | receive its share of the funds. Any forfeited funds shall be | 
| 161 | distributed by the remaining participating regional perinatal | 
| 162 | intensive care center program hospitals. | 
| 163 | Section 3.  Section 409.9113, Florida Statutes, is amended | 
| 164 | to read: | 
| 165 | 409.9113  Disproportionate share program for teaching | 
| 166 | hospitals.--In addition to the payments made under ss. 409.911 | 
| 167 | and 409.9112, the Agency for Health Care Administration shall | 
| 168 | make disproportionate share payments to statutorily defined | 
| 169 | teaching hospitals for their increased costs associated with | 
| 170 | medical education programs and for tertiary health care services | 
| 171 | provided to the indigent. This system of payments shall conform | 
| 172 | with federal requirements and shall distribute funds in each | 
| 173 | fiscal year for which an appropriation is made by making | 
| 174 | quarterly Medicaid payments. Notwithstanding s. 409.915, | 
| 175 | counties are exempt from contributing toward the cost of this | 
| 176 | special reimbursement for hospitals serving a disproportionate | 
| 177 | share of low-income patients. For the state fiscal year 2007- | 
| 178 | 2008 2006-2007, the agency shall distribute the moneys provided | 
| 179 | in the General Appropriations Act to statutorily defined | 
| 180 | teaching hospitals and family practice teaching hospitals under | 
| 181 | the teaching hospital disproportionate share program. The funds | 
| 182 | provided for statutorily defined teaching hospitals shall be | 
| 183 | distributed in the same proportion as the state fiscal year | 
| 184 | 2003-2004 teaching hospital disproportionate share funds were | 
| 185 | distributed. The funds provided for family practice teaching | 
| 186 | hospitals shall be distributed equally among family practice | 
| 187 | teaching hospitals. | 
| 188 | (1)  On or before September 15 of each year, the Agency for | 
| 189 | Health Care Administration shall calculate an allocation | 
| 190 | fraction to be used for distributing funds to state statutory | 
| 191 | teaching hospitals. Subsequent to the end of each quarter of the | 
| 192 | state fiscal year, the agency shall distribute to each statutory | 
| 193 | teaching hospital, as defined in s. 408.07, an amount determined | 
| 194 | by multiplying one-fourth of the funds appropriated for this | 
| 195 | purpose by the Legislature times such hospital's allocation | 
| 196 | fraction. The allocation fraction for each such hospital shall | 
| 197 | be determined by the sum of three primary factors, divided by | 
| 198 | three. The primary factors are: | 
| 199 | (a)  The number of nationally accredited graduate medical | 
| 200 | education programs offered by the hospital, including programs | 
| 201 | accredited by the Accreditation Council for Graduate Medical | 
| 202 | Education and the combined Internal Medicine and Pediatrics | 
| 203 | programs acceptable to both the American Board of Internal | 
| 204 | Medicine and the American Board of Pediatrics at the beginning | 
| 205 | of the state fiscal year preceding the date on which the | 
| 206 | allocation fraction is calculated. The numerical value of this | 
| 207 | factor is the fraction that the hospital represents of the total | 
| 208 | number of programs, where the total is computed for all state | 
| 209 | statutory teaching hospitals. | 
| 210 | (b)  The number of full-time equivalent trainees in the | 
| 211 | hospital, which comprises two components: | 
| 212 | 1.  The number of trainees enrolled in nationally | 
| 213 | accredited graduate medical education programs, as defined in | 
| 214 | paragraph (a). Full-time equivalents are computed using the | 
| 215 | fraction of the year during which each trainee is primarily | 
| 216 | assigned to the given institution, over the state fiscal year | 
| 217 | preceding the date on which the allocation fraction is | 
| 218 | calculated. The numerical value of this factor is the fraction | 
| 219 | that the hospital represents of the total number of full-time | 
| 220 | equivalent trainees enrolled in accredited graduate programs, | 
| 221 | where the total is computed for all state statutory teaching | 
| 222 | hospitals. | 
| 223 | 2.  The number of medical students enrolled in accredited | 
| 224 | colleges of medicine and engaged in clinical activities, | 
| 225 | including required clinical clerkships and clinical electives. | 
| 226 | Full-time equivalents are computed using the fraction of the | 
| 227 | year during which each trainee is primarily assigned to the | 
| 228 | given institution, over the course of the state fiscal year | 
| 229 | preceding the date on which the allocation fraction is | 
| 230 | calculated. The numerical value of this factor is the fraction | 
| 231 | that the given hospital represents of the total number of full- | 
| 232 | time equivalent students enrolled in accredited colleges of | 
| 233 | medicine, where the total is computed for all state statutory | 
| 234 | teaching hospitals. | 
| 235 | 
 | 
| 236 | The primary factor for full-time equivalent trainees is computed | 
| 237 | as the sum of these two components, divided by two. | 
| 238 | (c)  A service index that comprises three components: | 
| 239 | 1.  The Agency for Health Care Administration Service | 
| 240 | Index, computed by applying the standard Service Inventory | 
| 241 | Scores established by the Agency for Health Care Administration | 
| 242 | to services offered by the given hospital, as reported on | 
| 243 | Worksheet A-2 for the last fiscal year reported to the agency | 
| 244 | before the date on which the allocation fraction is calculated. | 
| 245 | The numerical value of this factor is the fraction that the | 
| 246 | given hospital represents of the total Agency for Health Care | 
| 247 | Administration Service Index values, where the total is computed | 
| 248 | for all state statutory teaching hospitals. | 
| 249 | 2.  A volume-weighted service index, computed by applying | 
| 250 | the standard Service Inventory Scores established by the Agency | 
| 251 | for Health Care Administration to the volume of each service, | 
| 252 | expressed in terms of the standard units of measure reported on | 
| 253 | Worksheet A-2 for the last fiscal year reported to the agency | 
| 254 | before the date on which the allocation factor is calculated. | 
| 255 | The numerical value of this factor is the fraction that the | 
| 256 | given hospital represents of the total volume-weighted service | 
| 257 | index values, where the total is computed for all state | 
| 258 | statutory teaching hospitals. | 
| 259 | 3.  Total Medicaid payments to each hospital for direct | 
| 260 | inpatient and outpatient services during the fiscal year | 
| 261 | preceding the date on which the allocation factor is calculated. | 
| 262 | This includes payments made to each hospital for such services | 
| 263 | by Medicaid prepaid health plans, whether the plan was | 
| 264 | administered by the hospital or not. The numerical value of this | 
| 265 | factor is the fraction that each hospital represents of the | 
| 266 | total of such Medicaid payments, where the total is computed for | 
| 267 | all state statutory teaching hospitals. | 
| 268 | 
 | 
| 269 | The primary factor for the service index is computed as the sum | 
| 270 | of these three components, divided by three. | 
| 271 | (2)  By October 1 of each year, the agency shall use the | 
| 272 | following formula to calculate the maximum additional | 
| 273 | disproportionate share payment for statutorily defined teaching | 
| 274 | hospitals: | 
| 275 | 
 | 
| 276 | TAP = THAF x A | 
| 277 | 
 | 
| 278 | Where: | 
| 279 | TAP = total additional payment. | 
| 280 | THAF = teaching hospital allocation factor. | 
| 281 | A = amount appropriated for a teaching hospital | 
| 282 | disproportionate share program. | 
| 283 | Section 4.  Section 409.9117, Florida Statutes, is amended | 
| 284 | to read: | 
| 285 | 409.9117  Primary care disproportionate share program.--For | 
| 286 | the state fiscal year 2007-2008 2006-2007, the agency shall not | 
| 287 | distribute moneys under the primary care disproportionate share | 
| 288 | program. | 
| 289 | (1)  If federal funds are available for disproportionate | 
| 290 | share programs in addition to those otherwise provided by law, | 
| 291 | there shall be created a primary care disproportionate share | 
| 292 | program. | 
| 293 | (2)  The following formula shall be used by the agency to | 
| 294 | calculate the total amount earned for hospitals that participate | 
| 295 | in the primary care disproportionate share program: | 
| 296 | 
 | 
| 297 | TAE = HDSP/THDSP | 
| 298 | 
 | 
| 299 | Where: | 
| 300 | TAE = total amount earned by a hospital participating in | 
| 301 | the primary care disproportionate share program. | 
| 302 | HDSP = the prior state fiscal year primary care | 
| 303 | disproportionate share payment to the individual hospital. | 
| 304 | THDSP = the prior state fiscal year total primary care | 
| 305 | disproportionate share payments to all hospitals. | 
| 306 | (3)  The total additional payment for hospitals that | 
| 307 | participate in the primary care disproportionate share program | 
| 308 | shall be calculated by the agency as follows: | 
| 309 | 
 | 
| 310 | TAP = TAE x TA | 
| 311 | 
 | 
| 312 | Where: | 
| 313 | TAP = total additional payment for a primary care hospital. | 
| 314 | TAE = total amount earned by a primary care hospital. | 
| 315 | TA = total appropriation for the primary care | 
| 316 | disproportionate share program. | 
| 317 | (4)  In the establishment and funding of this program, the | 
| 318 | agency shall use the following criteria in addition to those | 
| 319 | specified in s. 409.911, payments may not be made to a hospital | 
| 320 | unless the hospital agrees to: | 
| 321 | (a)  Cooperate with a Medicaid prepaid health plan, if one | 
| 322 | exists in the community. | 
| 323 | (b)  Ensure the availability of primary and specialty care | 
| 324 | physicians to Medicaid recipients who are not enrolled in a | 
| 325 | prepaid capitated arrangement and who are in need of access to | 
| 326 | such physicians. | 
| 327 | (c)  Coordinate and provide primary care services free of | 
| 328 | charge, except copayments, to all persons with incomes up to 100 | 
| 329 | percent of the federal poverty level who are not otherwise | 
| 330 | covered by Medicaid or another program administered by a | 
| 331 | governmental entity, and to provide such services based on a | 
| 332 | sliding fee scale to all persons with incomes up to 200 percent | 
| 333 | of the federal poverty level who are not otherwise covered by | 
| 334 | Medicaid or another program administered by a governmental | 
| 335 | entity, except that eligibility may be limited to persons who | 
| 336 | reside within a more limited area, as agreed to by the agency | 
| 337 | and the hospital. | 
| 338 | (d)  Contract with any federally qualified health center, | 
| 339 | if one exists within the agreed geopolitical boundaries, | 
| 340 | concerning the provision of primary care services, in order to | 
| 341 | guarantee delivery of services in a nonduplicative fashion, and | 
| 342 | to provide for referral arrangements, privileges, and | 
| 343 | admissions, as appropriate. The hospital shall agree to provide | 
| 344 | at an onsite or offsite facility primary care services within 24 | 
| 345 | hours to which all Medicaid recipients and persons eligible | 
| 346 | under this paragraph who do not require emergency room services | 
| 347 | are referred during normal daylight hours. | 
| 348 | (e)  Cooperate with the agency, the county, and other | 
| 349 | entities to ensure the provision of certain public health | 
| 350 | services, case management, referral and acceptance of patients, | 
| 351 | and sharing of epidemiological data, as the agency and the | 
| 352 | hospital find mutually necessary and desirable to promote and | 
| 353 | protect the public health within the agreed geopolitical | 
| 354 | boundaries. | 
| 355 | (f)  In cooperation with the county in which the hospital | 
| 356 | resides, develop a low-cost, outpatient, prepaid health care | 
| 357 | program to persons who are not eligible for the Medicaid | 
| 358 | program, and who reside within the area. | 
| 359 | (g)  Provide inpatient services to residents within the | 
| 360 | area who are not eligible for Medicaid or Medicare, and who do | 
| 361 | not have private health insurance, regardless of ability to pay, | 
| 362 | on the basis of available space, except that nothing shall | 
| 363 | prevent the hospital from establishing bill collection programs | 
| 364 | based on ability to pay. | 
| 365 | (h)  Work with the Florida Healthy Kids Corporation, the | 
| 366 | Florida Health Care Purchasing Cooperative, and business health | 
| 367 | coalitions, as appropriate, to develop a feasibility study and | 
| 368 | plan to provide a low-cost comprehensive health insurance plan | 
| 369 | to persons who reside within the area and who do not have access | 
| 370 | to such a plan. | 
| 371 | (i)  Work with public health officials and other experts to | 
| 372 | provide community health education and prevention activities | 
| 373 | designed to promote healthy lifestyles and appropriate use of | 
| 374 | health services. | 
| 375 | (j)  Work with the local health council to develop a plan | 
| 376 | for promoting access to affordable health care services for all | 
| 377 | persons who reside within the area, including, but not limited | 
| 378 | to, public health services, primary care services, inpatient | 
| 379 | services, and affordable health insurance generally. | 
| 380 | 
 | 
| 381 | Any hospital that fails to comply with any of the provisions of | 
| 382 | this subsection, or any other contractual condition, may not | 
| 383 | receive payments under this section until full compliance is | 
| 384 | achieved. | 
| 385 | Section 5.  Subsection (26) is added to section 409.906, | 
| 386 | Florida Statutes, to read: | 
| 387 | 409.906  Optional Medicaid services.--Subject to specific | 
| 388 | appropriations, the agency may make payments for services which | 
| 389 | are optional to the state under Title XIX of the Social Security | 
| 390 | Act and are furnished by Medicaid providers to recipients who | 
| 391 | are determined to be eligible on the dates on which the services | 
| 392 | were provided. Any optional service that is provided shall be | 
| 393 | provided only when medically necessary and in accordance with | 
| 394 | state and federal law. Optional services rendered by providers | 
| 395 | in mobile units to Medicaid recipients may be restricted or | 
| 396 | prohibited by the agency. Nothing in this section shall be | 
| 397 | construed to prevent or limit the agency from adjusting fees, | 
| 398 | reimbursement rates, lengths of stay, number of visits, or | 
| 399 | number of services, or making any other adjustments necessary to | 
| 400 | comply with the availability of moneys and any limitations or | 
| 401 | directions provided for in the General Appropriations Act or | 
| 402 | chapter 216. If necessary to safeguard the state's systems of | 
| 403 | providing services to elderly and disabled persons and subject | 
| 404 | to the notice and review provisions of s. 216.177, the Governor | 
| 405 | may direct the Agency for Health Care Administration to amend | 
| 406 | the Medicaid state plan to delete the optional Medicaid service | 
| 407 | known as "Intermediate Care Facilities for the Developmentally | 
| 408 | Disabled." Optional services may include: | 
| 409 | (26)  ANESTHESIOLOGIST ASSISTANT SERVICES.--The agency may | 
| 410 | pay for all services provided to a recipient by an | 
| 411 | anesthesiologist assistant licensed under s. 458.3475 or s. | 
| 412 | 459.023. Reimbursement for such services must be not less than | 
| 413 | 80 percent of the reimbursement that would be paid to a | 
| 414 | physician who provided the same services. | 
| 415 | Section 6.  Subsection (36) of section 393.063, Florida | 
| 416 | Statutes, is amended to read: | 
| 417 | 393.063  Definitions.--For the purposes of this chapter, | 
| 418 | the term: | 
| 419 | (36)  "Support coordinator" means a person who is | 
| 420 | designated by or under contract with the agency to serve as case | 
| 421 | manager for assistindividuals served in programs administered | 
| 422 | by the agency, including, but not limited to, Medicaid waiver | 
| 423 | programs, and to identify individuals' families in identifying | 
| 424 | theircapacities, needs, and resources, as well as finding and | 
| 425 | gaining access to necessary supports and services; coordinating | 
| 426 | the delivery of supports and services; advocating on behalf of | 
| 427 | the individual and family;maintaining relevant records; and | 
| 428 | monitoring and evaluating the delivery of supports and services. | 
| 429 | A support coordinator is responsible for assisting the agency in | 
| 430 | meeting the needs of individuals served while managing | 
| 431 | expenditures within available resources to determine the extent | 
| 432 | to which they meet the needs and expectations identified by the | 
| 433 | individual, family, and others who participated in the | 
| 434 | development of the support plan. | 
| 435 | Section 7.  Paragraph (c) is added to subsection (1) of | 
| 436 | section 393.0661, Florida Statutes, to read: | 
| 437 | 393.0661  Home and community-based services delivery | 
| 438 | system; comprehensive redesign.--The Legislature finds that the | 
| 439 | home and community-based services delivery system for persons | 
| 440 | with developmental disabilities and the availability of | 
| 441 | appropriated funds are two of the critical elements in making | 
| 442 | services available. Therefore, it is the intent of the | 
| 443 | Legislature that the Agency for Persons with Disabilities shall | 
| 444 | develop and implement a comprehensive redesign of the system. | 
| 445 | (1)  The redesign of the home and community-based services | 
| 446 | system shall include, at a minimum, all actions necessary to | 
| 447 | achieve an appropriate rate structure, client choice within a | 
| 448 | specified service package, appropriate assessment strategies, an | 
| 449 | efficient billing process that contains reconciliation and | 
| 450 | monitoring components, a redefined role for support coordinators | 
| 451 | that avoids potential conflicts of interest, and ensures that | 
| 452 | family/client budgets are linked to levels of need. | 
| 453 | (c)  By December 1, 2007, the Agency for Persons with | 
| 454 | Disabilities, in consultation with the Agency for Health Care | 
| 455 | Administration, shall create a model service delivery system | 
| 456 | pilot project for persons with developmental disabilities who | 
| 457 | receive services under the developmental disabilities waiver | 
| 458 | program administered by the Agency for Persons with | 
| 459 | Disabilities. Persons with developmental disabilities who | 
| 460 | receive services under the family and supported living waiver | 
| 461 | program or the consumer-directed care plus waiver program | 
| 462 | administered by the Agency for Persons with Disabilities may | 
| 463 | also be included in the system if the agency determines that | 
| 464 | such inclusion is feasible and will improve coordination of care | 
| 465 | and management of costs. The system must transfer and combine | 
| 466 | all services funded by Medicaid waiver programs and services | 
| 467 | funded only by the state, including room and board and supported | 
| 468 | living payments, for individuals who participate in the system. | 
| 469 | The pilot project shall document increased client outcomes that | 
| 470 | are known to be associated with a valid needs assessment of the | 
| 471 | level of need of the client, rate setting based on the level of | 
| 472 | need, and encouragement of the use of community-centered | 
| 473 | services and supports. The pilot project shall implement strong | 
| 474 | utilization control, such as capped rates, in order to ensure | 
| 475 | predictable and controlled annual costs. Medicaid service | 
| 476 | delivery, including, but not limited to, service authorization, | 
| 477 | care management, and monitoring shall be managed locally through | 
| 478 | the area office of the Agency for Persons with Disabilities in | 
| 479 | order to encourage provider development. Support coordination | 
| 480 | services shall be available to individuals participating in the | 
| 481 | pilot program. | 
| 482 | 1.  The Legislature intends that the service delivery | 
| 483 | system provide recipients in Medicaid waiver programs with a | 
| 484 | coordinated system of services, increased cost predictability, | 
| 485 | and a stabilized rate of increase in Medicaid expenditures while | 
| 486 | ensuring: | 
| 487 | a.  Consumer choice. | 
| 488 | b.  Opportunities for consumer-directed services. | 
| 489 | c.  Access to medically necessary services. | 
| 490 | d.  Coordination of community-based services. | 
| 491 | e.  Reductions in the unnecessary use of services. | 
| 492 | 2.  The Agency for Persons with Disabilities shall | 
| 493 | implement the system on a pilot basis in Area 1 and may conduct | 
| 494 | a similar pilot in an urban area of the Agency for Persons with | 
| 495 | Disabilities, in consultation with the Agency for Health Care | 
| 496 | Administration. After completion of the development phase of the | 
| 497 | system, attainment of necessary federal approval, selection of | 
| 498 | qualified providers, and rate setting, the Agency for Persons | 
| 499 | with Disabilities shall delegate administration of the system to | 
| 500 | the administrator of the agency's local area office. The Agency | 
| 501 | for Persons with Disabilities shall set standards for qualified | 
| 502 | providers and provide quality assurance, monitoring oversight, | 
| 503 | and other duties necessary for the system. The enrollment of | 
| 504 | Medicaid waiver recipients into the system in pilot areas shall | 
| 505 | be mandatory. | 
| 506 | 3.  The local area office shall administer the pilot | 
| 507 | program and shall be responsible for ensuring that the costs of | 
| 508 | the program do not exceed the amount of funds allocated for the | 
| 509 | program. The agency area administrator shall also: | 
| 510 | a.  Identify the needs of the recipients using a | 
| 511 | standardized assessment process approved by the agency. | 
| 512 | b.  Allow a recipient to select any provider that has been | 
| 513 | qualified by the agency, provided that the service offered by | 
| 514 | the provider is appropriate to meet the needs of the recipient. | 
| 515 | c.  Make a good faith effort to select qualified providers | 
| 516 | currently providing Medicaid waiver services for the agency in | 
| 517 | the pilot area. | 
| 518 | d.  Develop and use a service provider qualification system | 
| 519 | approved by the agency that describes the quality of care | 
| 520 | standards that providers of service to persons with | 
| 521 | developmental disabilities must meet in order to provide | 
| 522 | services within the pilot area. | 
| 523 | e.  Exclude, when feasible, chronically poor-performing | 
| 524 | providers and facilities as determined by the agency. | 
| 525 | f.  Demonstrate a quality assurance system and a | 
| 526 | performance improvement system that are satisfactory to the | 
| 527 | agency. | 
| 528 | 4.  The agency must ensure that the rate-setting | 
| 529 | methodology for the system reflects the intent to provide | 
| 530 | quality care in the least restrictive setting appropriate for | 
| 531 | the recipient and provide for choice by the recipient. The | 
| 532 | agency may choose to limit financial risk for the pilot area | 
| 533 | operating the system to cover high-cost recipients or to address | 
| 534 | the catastrophic care needs of recipients enrolled in the | 
| 535 | system. | 
| 536 | 5.  Within 24 months after implementation, the agency shall | 
| 537 | contract for a comprehensive evaluation of the system. The | 
| 538 | evaluation must include assessments of cost savings, cost- | 
| 539 | effectiveness, recipient outcomes, consumer choice, access to | 
| 540 | services, coordination of care, and quality of care. The | 
| 541 | evaluation shall include, but not be limited to, an assessment | 
| 542 | of the following aspects: | 
| 543 | a.  A study of the funding patterns of the cost-prediction | 
| 544 | methodology before and after implementation of the pilot | 
| 545 | program; | 
| 546 | b.  A study of the service utilization patterns of the | 
| 547 | cost-prediction methodology before and after implementation of | 
| 548 | the pilot program; | 
| 549 | c.  The accuracy of the cost-prediction methodology in | 
| 550 | explaining and predicting funding levels for individuals | 
| 551 | receiving each of the three waivers in the pilot areas; | 
| 552 | d.  The accuracy of the cost-prediction methodology and a | 
| 553 | plan for dealing with cases involving individuals with the | 
| 554 | highest and lowest support needs and funding levels; | 
| 555 | e.  A survey of consumer satisfaction regarding consumer | 
| 556 | choice, scope of services, and proposed funding levels generated | 
| 557 | by the cost-prediction methodology in the pilot areas; | 
| 558 | f.  The applicability of the cost-prediction  methodology | 
| 559 | to explain and predict funding levels for all individuals | 
| 560 | receiving the waivers; | 
| 561 | g.  The robustness of the cost-prediction methodology to | 
| 562 | withstand appeals and grievances; and | 
| 563 | h.  A systematic comparison of the outcomes in both pilot | 
| 564 | areas and the different models that are demonstrated. | 
| 565 | 6.  Each pilot area shall form an advisory committee that | 
| 566 | includes representatives from the stakeholder community, | 
| 567 | including persons with disabilities, family members of persons | 
| 568 | with disabilities, members of disability advocacy groups, and | 
| 569 | representatives of program service providers to provide feedback | 
| 570 | and monitor the implementation of the pilot program on at least | 
| 571 | a quarterly basis. | 
| 572 | 7.  The Agency for Persons with Disabilities shall form an | 
| 573 | advisory committee that includes representatives from the | 
| 574 | stakeholder community, including persons with disabilities, | 
| 575 | family members of persons with disabilities, members of | 
| 576 | disability advocacy groups, and representatives of program | 
| 577 | service providers to provide feedback and monitor the | 
| 578 | implementation of the pilot program from a statewide | 
| 579 | perspective. | 
| 580 | 8.  The advisory committees shall submit reports evaluating | 
| 581 | the progress of the pilot programs to the President of the | 
| 582 | Senate and the Speaker of the House of Representatives on a | 
| 583 | quarterly basis. | 
| 584 | 9.  The agency shall submit a report that describes the | 
| 585 | administrative or legal barriers to the implementation and | 
| 586 | operation of the system, including recommendations regarding | 
| 587 | statewide expansion of the system and a recommendation for the | 
| 588 | model service delivery system to be implemented statewide, to | 
| 589 | the Governor, the President of the Senate, and the Speaker of | 
| 590 | the House of Representatives no later than December 31, 2008. | 
| 591 | 10.  The agency, in coordination with the Agency for Health | 
| 592 | Care Administration, may seek federal waivers or Medicaid state | 
| 593 | plan amendments and adopt rules as necessary to administer the | 
| 594 | system on a pilot basis. The agency must receive specific | 
| 595 | authorization from the Legislature prior to expanding beyond the | 
| 596 | area one pilot designated for the implementation of this system. | 
| 597 | Further expansion of this pilot project requires approval by the | 
| 598 | Legislature. | 
| 599 | Section 8.  The sum of $250,000 in nonrecurring funds from | 
| 600 | the General Revenue Fund and $250,000 in nonrecurring funds from | 
| 601 | the Administrative Trust Fund are appropriated to the Agency for | 
| 602 | Persons with Disabilities to implement the provisions of this | 
| 603 | act. | 
| 604 | Section 9.  This act shall take effect July 1, 2007. |