Florida Senate - 2009                                    SB 1414
       
       
       
       By Senator Rich
       
       
       
       
       34-01197-09                                           20091414__
    1                        A bill to be entitled                      
    2         An act relating to managed care plans for Medicaid
    3         recipients; amending s. 409.912, F.S.; requiring all
    4         Medicaid-eligible children whose cases are open for
    5         child welfare services in the Florida Safe Families
    6         Network, formerly known as the HomeSafeNet system, to
    7         receive their behavioral health care services through
    8         a specialty prepaid plan; deleting an exception;
    9         providing an effective date.
   10         
   11  Be It Enacted by the Legislature of the State of Florida:
   12         
   13         Section 1. Paragraph (b) of subsection (4) of section
   14  409.912, Florida Statutes, is amended to read:
   15         409.912 Cost-effective purchasing of health care.—The
   16  agency shall purchase goods and services for Medicaid recipients
   17  in the most cost-effective manner consistent with the delivery
   18  of quality medical care. To ensure that medical services are
   19  effectively utilized, the agency may, in any case, require a
   20  confirmation or second physician's opinion of the correct
   21  diagnosis for purposes of authorizing future services under the
   22  Medicaid program. This section does not restrict access to
   23  emergency services or poststabilization care services as defined
   24  in 42 C.F.R. part 438.114. Such confirmation or second opinion
   25  shall be rendered in a manner approved by the agency. The agency
   26  shall maximize the use of prepaid per capita and prepaid
   27  aggregate fixed-sum basis services when appropriate and other
   28  alternative service delivery and reimbursement methodologies,
   29  including competitive bidding pursuant to s. 287.057, designed
   30  to facilitate the cost-effective purchase of a case-managed
   31  continuum of care. The agency shall also require providers to
   32  minimize the exposure of recipients to the need for acute
   33  inpatient, custodial, and other institutional care and the
   34  inappropriate or unnecessary use of high-cost services. The
   35  agency shall contract with a vendor to monitor and evaluate the
   36  clinical practice patterns of providers in order to identify
   37  trends that are outside the normal practice patterns of a
   38  provider's professional peers or the national guidelines of a
   39  provider's professional association. The vendor must be able to
   40  provide information and counseling to a provider whose practice
   41  patterns are outside the norms, in consultation with the agency,
   42  to improve patient care and reduce inappropriate utilization.
   43  The agency may mandate prior authorization, drug therapy
   44  management, or disease management participation for certain
   45  populations of Medicaid beneficiaries, certain drug classes, or
   46  particular drugs to prevent fraud, abuse, overuse, and possible
   47  dangerous drug interactions. The Pharmaceutical and Therapeutics
   48  Committee shall make recommendations to the agency on drugs for
   49  which prior authorization is required. The agency shall inform
   50  the Pharmaceutical and Therapeutics Committee of its decisions
   51  regarding drugs subject to prior authorization. The agency is
   52  authorized to limit the entities it contracts with or enrolls as
   53  Medicaid providers by developing a provider network through
   54  provider credentialing. The agency may competitively bid single
   55  source-provider contracts if procurement of goods or services
   56  results in demonstrated cost savings to the state without
   57  limiting access to care. The agency may limit its network based
   58  on the assessment of beneficiary access to care, provider
   59  availability, provider quality standards, time and distance
   60  standards for access to care, the cultural competence of the
   61  provider network, demographic characteristics of Medicaid
   62  beneficiaries, practice and provider-to-beneficiary standards,
   63  appointment wait times, beneficiary use of services, provider
   64  turnover, provider profiling, provider licensure history,
   65  previous program integrity investigations and findings, peer
   66  review, provider Medicaid policy and billing compliance records,
   67  clinical and medical record audits, and other factors. Providers
   68  shall not be entitled to enrollment in the Medicaid provider
   69  network. The agency shall determine instances in which allowing
   70  Medicaid beneficiaries to purchase durable medical equipment and
   71  other goods is less expensive to the Medicaid program than long
   72  term rental of the equipment or goods. The agency may establish
   73  rules to facilitate purchases in lieu of long-term rentals in
   74  order to protect against fraud and abuse in the Medicaid program
   75  as defined in s. 409.913. The agency may seek federal waivers
   76  necessary to administer these policies.
   77         (4) The agency may contract with:
   78         (b) An entity that is providing comprehensive behavioral
   79  health care services to certain Medicaid recipients through a
   80  capitated, prepaid arrangement pursuant to the federal waiver
   81  provided for by s. 409.905(5). Such an entity must be licensed
   82  under chapter 624, chapter 636, or chapter 641 and must possess
   83  the clinical systems and operational competence to manage risk
   84  and provide comprehensive behavioral health care to Medicaid
   85  recipients. As used in this paragraph, the term “comprehensive
   86  behavioral health care services” means covered mental health and
   87  substance abuse treatment services that are available to
   88  Medicaid recipients. The secretary of the Department of Children
   89  and Family Services shall approve provisions of procurements
   90  related to children in the department's care or custody prior to
   91  enrolling such children in a prepaid behavioral health plan. Any
   92  contract awarded under this paragraph must be competitively
   93  procured. In developing the behavioral health care prepaid plan
   94  procurement document, the agency shall ensure that the
   95  procurement document requires the contractor to develop and
   96  implement a plan to ensure compliance with s. 394.4574 related
   97  to services provided to residents of licensed assisted living
   98  facilities that hold a limited mental health license. Except as
   99  provided in subparagraph 8., and except in counties where the
  100  Medicaid managed care pilot program is authorized pursuant to s.
  101  409.91211, the agency shall seek federal approval to contract
  102  with a single entity meeting these requirements to provide
  103  comprehensive behavioral health care services to all Medicaid
  104  recipients not enrolled in a Medicaid managed care plan
  105  authorized under s. 409.91211 or a Medicaid health maintenance
  106  organization in an AHCA area. In an AHCA area where the Medicaid
  107  managed care pilot program is authorized pursuant to s.
  108  409.91211 in one or more counties, the agency may procure a
  109  contract with a single entity to serve the remaining counties as
  110  an AHCA area or the remaining counties may be included with an
  111  adjacent AHCA area and shall be subject to this paragraph. Each
  112  entity must offer sufficient choice of providers in its network
  113  to ensure recipient access to care and the opportunity to select
  114  a provider with whom they are satisfied. The network shall
  115  include all public mental health hospitals. To ensure unimpaired
  116  access to behavioral health care services by Medicaid
  117  recipients, all contracts issued pursuant to this paragraph
  118  shall require 80 percent of the capitation paid to the managed
  119  care plan, including health maintenance organizations, to be
  120  expended for the provision of behavioral health care services.
  121  In the event the managed care plan expends less than 80 percent
  122  of the capitation paid pursuant to this paragraph for the
  123  provision of behavioral health care services, the difference
  124  shall be returned to the agency. The agency shall provide the
  125  managed care plan with a certification letter indicating the
  126  amount of capitation paid during each calendar year for the
  127  provision of behavioral health care services pursuant to this
  128  section. The agency may reimburse for substance abuse treatment
  129  services on a fee-for-service basis until the agency finds that
  130  adequate funds are available for capitated, prepaid
  131  arrangements.
  132         1. By January 1, 2001, the agency shall modify the
  133  contracts with the entities providing comprehensive inpatient
  134  and outpatient mental health care services to Medicaid
  135  recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk
  136  Counties, to include substance abuse treatment services.
  137         2. By July 1, 2003, the agency and the Department of
  138  Children and Family Services shall execute a written agreement
  139  that requires collaboration and joint development of all policy,
  140  budgets, procurement documents, contracts, and monitoring plans
  141  that have an impact on the state and Medicaid community mental
  142  health and targeted case management programs.
  143         3. Except as provided in subparagraph 8., by July 1, 2006,
  144  the agency and the Department of Children and Family Services
  145  shall contract with managed care entities in each AHCA area
  146  except area 6 or arrange to provide comprehensive inpatient and
  147  outpatient mental health and substance abuse services through
  148  capitated prepaid arrangements to all Medicaid recipients who
  149  are eligible to participate in such plans under federal law and
  150  regulation. In AHCA areas where eligible individuals number less
  151  than 150,000, the agency shall contract with a single managed
  152  care plan to provide comprehensive behavioral health services to
  153  all recipients who are not enrolled in a Medicaid health
  154  maintenance organization or a Medicaid capitated managed care
  155  plan authorized under s. 409.91211. The agency may contract with
  156  more than one comprehensive behavioral health provider to
  157  provide care to recipients who are not enrolled in a Medicaid
  158  capitated managed care plan authorized under s. 409.91211 or a
  159  Medicaid health maintenance organization in AHCA areas where the
  160  eligible population exceeds 150,000. In an AHCA area where the
  161  Medicaid managed care pilot program is authorized pursuant to s.
  162  409.91211 in one or more counties, the agency may procure a
  163  contract with a single entity to serve the remaining counties as
  164  an AHCA area or the remaining counties may be included with an
  165  adjacent AHCA area and shall be subject to this paragraph.
  166  Contracts for comprehensive behavioral health providers awarded
  167  pursuant to this section shall be competitively procured. Both
  168  for-profit and not-for-profit corporations shall be eligible to
  169  compete. Managed care plans contracting with the agency under
  170  subsection (3) shall provide and receive payment for the same
  171  comprehensive behavioral health benefits as provided in AHCA
  172  rules, including handbooks incorporated by reference. In AHCA
  173  area 11, the agency shall contract with at least two
  174  comprehensive behavioral health care providers to provide
  175  behavioral health care to recipients in that area who are
  176  enrolled in, or assigned to, the MediPass program. One of the
  177  behavioral health care contracts shall be with the existing
  178  provider service network pilot project, as described in
  179  paragraph (d), for the purpose of demonstrating the cost
  180  effectiveness of the provision of quality mental health services
  181  through a public hospital-operated managed care model. Payment
  182  shall be at an agreed-upon capitated rate to ensure cost
  183  savings. Of the recipients in area 11 who are assigned to
  184  MediPass under the provisions of s. 409.9122(2)(k), a minimum of
  185  50,000 of those MediPass-enrolled recipients shall be assigned
  186  to the existing provider service network in area 11 for their
  187  behavioral care.
  188         4. By October 1, 2003, the agency and the department shall
  189  submit a plan to the Governor, the President of the Senate, and
  190  the Speaker of the House of Representatives which provides for
  191  the full implementation of capitated prepaid behavioral health
  192  care in all areas of the state.
  193         a. Implementation shall begin in 2003 in those AHCA areas
  194  of the state where the agency is able to establish sufficient
  195  capitation rates.
  196         b. If the agency determines that the proposed capitation
  197  rate in any area is insufficient to provide appropriate
  198  services, the agency may adjust the capitation rate to ensure
  199  that care will be available. The agency and the department may
  200  use existing general revenue to address any additional required
  201  match but may not over-obligate existing funds on an annualized
  202  basis.
  203         c. Subject to any limitations provided for in the General
  204  Appropriations Act, the agency, in compliance with appropriate
  205  federal authorization, shall develop policies and procedures
  206  that allow for certification of local and state funds.
  207         5. Children residing in a statewide inpatient psychiatric
  208  program, or in a Department of Juvenile Justice or a Department
  209  of Children and Family Services residential program approved as
  210  a Medicaid behavioral health overlay services provider shall not
  211  be included in a behavioral health care prepaid health plan or
  212  any other Medicaid managed care plan pursuant to this paragraph.
  213         6. In converting to a prepaid system of delivery, the
  214  agency shall in its procurement document require an entity
  215  providing only comprehensive behavioral health care services to
  216  prevent the displacement of indigent care patients by enrollees
  217  in the Medicaid prepaid health plan providing behavioral health
  218  care services from facilities receiving state funding to provide
  219  indigent behavioral health care, to facilities licensed under
  220  chapter 395 which do not receive state funding for indigent
  221  behavioral health care, or reimburse the unsubsidized facility
  222  for the cost of behavioral health care provided to the displaced
  223  indigent care patient.
  224         7. Traditional community mental health providers under
  225  contract with the Department of Children and Family Services
  226  pursuant to part IV of chapter 394, child welfare providers
  227  under contract with the Department of Children and Family
  228  Services in areas 1 and 6, and inpatient mental health providers
  229  licensed pursuant to chapter 395 must be offered an opportunity
  230  to accept or decline a contract to participate in any provider
  231  network for prepaid behavioral health services.
  232         8. All Medicaid-eligible children whose cases, except
  233  children in area 1 and children in Highlands County, Hardee
  234  County, Polk County, or Manatee County of area 6, who are open
  235  for child welfare services in the Florida Safe Families Network,
  236  formerly known as the HomeSafeNet system, shall receive their
  237  behavioral health care services through a specialty prepaid plan
  238  operated by community-based lead agencies either through a
  239  single agency or formal agreements among several agencies. The
  240  specialty prepaid plan must result in savings to the state
  241  comparable to savings achieved in other Medicaid managed care
  242  and prepaid programs. Such plan must provide mechanisms to
  243  maximize state and local revenues. The specialty prepaid plan
  244  shall be developed by the agency and the Department of Children
  245  and Family Services. The agency is authorized to seek any
  246  federal waivers to implement this initiative. Medicaid-eligible
  247  children whose cases are open for child welfare services in the
  248  Florida Safe Families Network, formerly known as the HomeSafeNet
  249  system, and who reside in AHCA area 10 are exempt from the
  250  specialty prepaid plan upon the development of a service
  251  delivery mechanism for children who reside in area 10 as
  252  specified in s. 409.91211(3)(dd).
  253         Section 2. This act shall take effect July 1, 2009.