Florida Senate - 2010                              CS for SB 476
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senators Altman, Sobel, and Detert
       
       
       
       586-04387-10                                           2010476c1
    1                        A bill to be entitled                      
    2         An act relating to Medicaid; amending s. 409.912,
    3         F.S.; requiring that funds repaid to the Agency for
    4         Health Care Administration by managed care plans that
    5         spend less than a certain percentage of the capitation
    6         rate for behavioral health services be deposited into
    7         the Medical Care Trust Fund; providing that such
    8         repayments be allocated to community behavioral health
    9         providers and used for Medicaid behavioral and case
   10         management services; providing for payment to unpaid
   11         providers; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (b) of subsection (4) of section
   16  409.912, Florida Statutes, is amended to read:
   17         409.912 Cost-effective purchasing of health care.—The
   18  agency shall purchase goods and services for Medicaid recipients
   19  in the most cost-effective manner consistent with the delivery
   20  of quality medical care. To ensure that medical services are
   21  effectively utilized, the agency may, in any case, require a
   22  confirmation or second physician’s opinion of the correct
   23  diagnosis for purposes of authorizing future services under the
   24  Medicaid program. This section does not restrict access to
   25  emergency services or poststabilization care services as defined
   26  in 42 C.F.R. part 438.114. Such confirmation or second opinion
   27  shall be rendered in a manner approved by the agency. The agency
   28  shall maximize the use of prepaid per capita and prepaid
   29  aggregate fixed-sum basis services when appropriate and other
   30  alternative service delivery and reimbursement methodologies,
   31  including competitive bidding pursuant to s. 287.057, designed
   32  to facilitate the cost-effective purchase of a case-managed
   33  continuum of care. The agency shall also require providers to
   34  minimize the exposure of recipients to the need for acute
   35  inpatient, custodial, and other institutional care and the
   36  inappropriate or unnecessary use of high-cost services. The
   37  agency shall contract with a vendor to monitor and evaluate the
   38  clinical practice patterns of providers in order to identify
   39  trends that are outside the normal practice patterns of a
   40  provider’s professional peers or the national guidelines of a
   41  provider’s professional association. The vendor must be able to
   42  provide information and counseling to a provider whose practice
   43  patterns are outside the norms, in consultation with the agency,
   44  to improve patient care and reduce inappropriate utilization.
   45  The agency may mandate prior authorization, drug therapy
   46  management, or disease management participation for certain
   47  populations of Medicaid beneficiaries, certain drug classes, or
   48  particular drugs to prevent fraud, abuse, overuse, and possible
   49  dangerous drug interactions. The Pharmaceutical and Therapeutics
   50  Committee shall make recommendations to the agency on drugs for
   51  which prior authorization is required. The agency shall inform
   52  the Pharmaceutical and Therapeutics Committee of its decisions
   53  regarding drugs subject to prior authorization. The agency is
   54  authorized to limit the entities it contracts with or enrolls as
   55  Medicaid providers by developing a provider network through
   56  provider credentialing. The agency may competitively bid single
   57  source-provider contracts if procurement of goods or services
   58  results in demonstrated cost savings to the state without
   59  limiting access to care. The agency may limit its network based
   60  on the assessment of beneficiary access to care, provider
   61  availability, provider quality standards, time and distance
   62  standards for access to care, the cultural competence of the
   63  provider network, demographic characteristics of Medicaid
   64  beneficiaries, practice and provider-to-beneficiary standards,
   65  appointment wait times, beneficiary use of services, provider
   66  turnover, provider profiling, provider licensure history,
   67  previous program integrity investigations and findings, peer
   68  review, provider Medicaid policy and billing compliance records,
   69  clinical and medical record audits, and other factors. Providers
   70  shall not be entitled to enrollment in the Medicaid provider
   71  network. The agency shall determine instances in which allowing
   72  Medicaid beneficiaries to purchase durable medical equipment and
   73  other goods is less expensive to the Medicaid program than long
   74  term rental of the equipment or goods. The agency may establish
   75  rules to facilitate purchases in lieu of long-term rentals in
   76  order to protect against fraud and abuse in the Medicaid program
   77  as defined in s. 409.913. The agency may seek federal waivers
   78  necessary to administer these policies.
   79         (4) The agency may contract with:
   80         (b) An entity that is providing comprehensive behavioral
   81  health care services to certain Medicaid recipients through a
   82  capitated, prepaid arrangement pursuant to the federal waiver
   83  authorized in provided for by s. 409.905(5). Such entity must be
   84  licensed under chapter 624, chapter 636, or chapter 641, or
   85  authorized under paragraph (c), and must possess the clinical
   86  systems and operational competence to manage risk and provide
   87  comprehensive behavioral health care to Medicaid recipients. As
   88  used in this paragraph, the term “comprehensive behavioral
   89  health care services” means covered mental health and substance
   90  abuse treatment services that are available to Medicaid
   91  recipients. The Secretary of the Department of Children and
   92  Family Services must shall approve provisions of procurements
   93  related to children in the department’s care or custody before
   94  enrolling such children in a prepaid behavioral health plan. Any
   95  contract awarded under this paragraph must be competitively
   96  procured. In developing the behavioral health care prepaid plan
   97  procurement document, the agency shall ensure that the
   98  procurement document requires the contractor to develop and
   99  implement a plan that ensures to ensure compliance with s.
  100  394.4574 related to services provided to residents of licensed
  101  assisted living facilities that hold a limited mental health
  102  license. Except as provided in subparagraph 8., and except in
  103  counties where the Medicaid managed care pilot program is
  104  authorized pursuant to s. 409.91211, the agency shall seek
  105  federal approval to contract with a single entity meeting these
  106  requirements to provide comprehensive behavioral health care
  107  services to all Medicaid recipients not enrolled in a Medicaid
  108  managed care plan authorized under s. 409.91211 or a Medicaid
  109  health maintenance organization in an AHCA area. In an AHCA area
  110  where the Medicaid managed care pilot program is authorized
  111  pursuant to s. 409.91211 in one or more counties, the agency may
  112  procure a contract with a single entity to serve the remaining
  113  counties as an AHCA area or the remaining counties may be
  114  included with an adjacent AHCA area and are subject to this
  115  paragraph. Each entity must offer a sufficient choice of
  116  providers in its network to ensure recipient access to care and
  117  the opportunity to select a provider with whom they are
  118  satisfied. The network must shall include all public mental
  119  health hospitals. To ensure unimpaired access to behavioral
  120  health care services by Medicaid recipients, all contracts
  121  issued pursuant to this paragraph must require 80 percent of the
  122  capitation paid to the managed care plan, including health
  123  maintenance organizations, to be expended for the provision of
  124  behavioral health care services. If the managed care plan
  125  expends less than 80 percent of the capitation paid for the
  126  provision of behavioral health care services, the difference
  127  shall be returned to the agency. The agency shall provide the
  128  plan with a certification letter indicating the amount of
  129  capitation paid during each calendar year for behavioral health
  130  care services pursuant to this section. The agency may reimburse
  131  for substance abuse treatment services on a fee-for-service
  132  basis until the agency finds that adequate funds are available
  133  for capitated, prepaid arrangements.
  134         1. By January 1, 2001, the agency shall modify the
  135  contracts with the entities providing comprehensive inpatient
  136  and outpatient mental health care services to Medicaid
  137  recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk
  138  Counties, to include substance abuse treatment services.
  139         2. By July 1, 2003, the agency and the department of
  140  Children and Family Services shall execute a written agreement
  141  that requires collaboration and joint development of all policy,
  142  budgets, procurement documents, contracts, and monitoring plans
  143  that have an impact on the state and Medicaid community mental
  144  health and targeted case management programs.
  145         3. Except as provided in subparagraph 8., by July 1, 2006,
  146  the agency and the department of Children and Family Services
  147  shall contract with managed care entities in each AHCA area
  148  except area 6 or arrange to provide comprehensive inpatient and
  149  outpatient mental health and substance abuse services through
  150  capitated prepaid arrangements to all Medicaid recipients who
  151  are eligible to participate in such plans under federal law and
  152  regulation. In AHCA areas where eligible individuals number
  153  fewer less than 150,000, the agency shall contract with a single
  154  managed care plan to provide comprehensive behavioral health
  155  services to all recipients who are not enrolled in a Medicaid
  156  health maintenance organization or a Medicaid capitated managed
  157  care plan authorized under s. 409.91211. The agency may contract
  158  with more than one comprehensive behavioral health provider to
  159  provide care to recipients who are not enrolled in a Medicaid
  160  capitated managed care plan authorized under s. 409.91211 or a
  161  Medicaid health maintenance organization in AHCA areas where the
  162  eligible population exceeds 150,000. In an AHCA area where the
  163  Medicaid managed care pilot program is authorized pursuant to s.
  164  409.91211 in one or more counties, the agency may procure a
  165  contract with a single entity to serve the remaining counties as
  166  an AHCA area or the remaining counties may be included with an
  167  adjacent AHCA area and are shall be subject to this paragraph.
  168  Contracts for comprehensive behavioral health providers awarded
  169  pursuant to this section must shall be competitively procured.
  170  Both for-profit and not-for-profit corporations are eligible to
  171  compete. Managed care plans contracting with the agency under
  172  subsection (3) must shall provide and receive payment for the
  173  same comprehensive behavioral health benefits as provided in
  174  AHCA rules, including handbooks incorporated by reference. In
  175  AHCA area 11, the agency shall contract with at least two
  176  comprehensive behavioral health care providers to provide
  177  behavioral health care to recipients in that area who are
  178  enrolled in, or assigned to, the MediPass program. One of the
  179  behavioral health care contracts must be with the existing
  180  provider service network pilot project, as described in
  181  paragraph (d), for the purpose of demonstrating the cost
  182  effectiveness of providing the provision of quality mental
  183  health services through a public hospital-operated managed care
  184  model. Payment shall be at an agreed-upon capitated rate to
  185  ensure cost savings. Of the recipients in area 11 who are
  186  assigned to MediPass under s. 409.9122(2)(k), a minimum of
  187  50,000 of those MediPass-enrolled recipients shall be assigned
  188  to the existing provider service network in area 11 for their
  189  behavioral care.
  190         4. By October 1, 2003, the agency and the department shall
  191  submit a plan to the Governor, the President of the Senate, and
  192  the Speaker of the House of Representatives which provides for
  193  the full implementation of capitated prepaid behavioral health
  194  care in all areas of the state.
  195         a. Implementation shall begin in 2003 in those AHCA areas
  196  of the state where the agency is able to establish sufficient
  197  capitation rates.
  198         b. If the agency determines that the proposed capitation
  199  rate in any area is insufficient to provide appropriate
  200  services, the agency may adjust the capitation rate to ensure
  201  that care is will be available. The agency and the department
  202  may use existing general revenue to address any additional
  203  required match but may not over-obligate existing funds on an
  204  annualized basis.
  205         c. Subject to any limitations provided in the General
  206  Appropriations Act, the agency, in compliance with appropriate
  207  federal authorization, shall develop policies and procedures
  208  that allow for certification of local and state funds.
  209         5. Children residing in a statewide inpatient psychiatric
  210  program, or in a Department of Juvenile Justice or a Department
  211  of Children and Family Services residential program approved as
  212  a Medicaid behavioral health overlay services provider may not
  213  be included in a behavioral health care prepaid health plan or
  214  any other Medicaid managed care plan pursuant to this paragraph.
  215         6. In converting to a prepaid system of delivery, the
  216  agency shall in its procurement document require an entity
  217  providing only comprehensive behavioral health care services to
  218  prevent the displacement of indigent care patients by enrollees
  219  in the Medicaid prepaid health plan providing behavioral health
  220  care services from facilities receiving state funding to provide
  221  indigent behavioral health care, to facilities licensed under
  222  chapter 395 which do not receive state funding for indigent
  223  behavioral health care, or reimburse the unsubsidized facility
  224  for the cost of behavioral health care provided to the displaced
  225  indigent care patient.
  226         7. Traditional community mental health providers under
  227  contract with the department of Children and Family Services
  228  pursuant to part IV of chapter 394, child welfare providers
  229  under contract with the department of Children and Family
  230  Services in areas 1 and 6, and inpatient mental health providers
  231  licensed pursuant to chapter 395 must be offered an opportunity
  232  to accept or decline a contract to participate in any provider
  233  network for prepaid behavioral health services.
  234         8. All Medicaid-eligible children, except children in area
  235  1 and children in Highlands County, Hardee County, Polk County,
  236  or Manatee County of area 6, that are open for child welfare
  237  services in the HomeSafeNet system, shall receive their
  238  behavioral health care services through a specialty prepaid plan
  239  operated by community-based lead agencies through a single
  240  agency or formal agreements among several agencies. The
  241  specialty prepaid plan must result in savings to the state
  242  comparable to savings achieved in other Medicaid managed care
  243  and prepaid programs. Such plan must provide mechanisms to
  244  maximize state and local revenues. The specialty prepaid plan
  245  shall be developed by the agency and the department of Children
  246  and Family Services. The agency may seek federal waivers to
  247  implement this initiative. Medicaid-eligible children whose
  248  cases are open for child welfare services in 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         9.To ensure unimpaired access to behavioral health care
  254  services by Medicaid recipients, all contracts issued pursuant
  255  to this paragraph must require that 80 percent of the capitation
  256  paid to the managed care plan, including health maintenance
  257  organizations, be expended for the provision of behavioral
  258  health care services. If the plan expends less than 80 percent,
  259  the difference must be returned to the agency and deposited into
  260  the Medical Care Trust Fund. The agency shall maintain a
  261  separate accounting of repayments deposited into the trust fund.
  262  Repayments, minus federal matching funds that must be returned
  263  to the Federal Government, shall be allocated to community
  264  behavioral health providers enrolled in the networks of the
  265  managed care plans that made the repayments. Funds shall be
  266  allocated in proportion to each community behavioral health
  267  agency’s earnings from the managed care plan making the
  268  repayment. Providers shall use the funds for any Medicaid
  269  allowable type of community behavioral health and case
  270  management service. Community behavioral health agencies shall
  271  be reimbursed by the agency on a fee-for-service basis for
  272  allowable services up to their redistribution amount as
  273  determined by the agency. Reinvestment amounts must be
  274  calculated annually within 60 days after the managed care plan
  275  files its annual 80 percent spending report. Community
  276  behavioral health agencies enrolled in the provider network of a
  277  managed care plan that failed to meet the 80 percent spending
  278  requirement must submit encounter data information on all claims
  279  not paid by the health plan for the fiscal year in which the 80
  280  percent requirement was not met and appropriate documentation
  281  demonstrating the medical necessity for the services provided.
  282  The encounter data shall be the basis for the fee-for-service
  283  reimbursement to the agencies.
  284         Section 2. This act shall take effect July 1, 2010.