Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/HB 7109, 2nd Eng.
                                Barcode 686708                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/3R          .                                
             05/06/2011 11:11 AM       .                                

       Senator Bennett moved the following:
    1         Senate Amendment to Amendment (351842) (with directory
    2  amendment)
    4         Delete lines 466 - 512
    5  and insert:
    6         (c) The agency shall adjust a hospital’s current inpatient
    7  per diem rate to reflect the cost of serving the Medicaid
    8  population at that institution if:
    9         1. The hospital experiences an increase in Medicaid
   10  caseload by more than 25 percent in any year, primarily
   11  resulting from the closure of a hospital in the same service
   12  area occurring after July 1, 1995;
   13         2. The hospital’s Medicaid per diem rate is at least 25
   14  percent below the Medicaid per patient cost for that year; or
   15         3. The hospital is located in a county that has six or
   16  fewer general acute care hospitals, began offering obstetrical
   17  services on or after September 1999, and has submitted a request
   18  in writing to the agency for a rate adjustment after July 1,
   19  2000, but before September 30, 2000, in which case such
   20  hospital’s Medicaid inpatient per diem rate shall be adjusted to
   21  cost, effective July 1, 2002.
   23  By October 1 of each year, the agency must provide estimated
   24  costs for any adjustment in a hospital inpatient per diem rate
   25  to the Executive Office of the Governor, the House of
   26  Representatives General Appropriations Committee, and the Senate
   27  Appropriations Committee. Before the agency implements a change
   28  in a hospital’s inpatient per diem rate pursuant to this
   29  paragraph, the Legislature must have specifically appropriated
   30  sufficient funds in the General Appropriations Act to support
   31  the increase in cost as estimated by the agency. This paragraph
   32  expires June 30, 2012.
   33         (d) Effective July 1, 2012, the agency shall implement a
   34  methodology for establishing base reimbursement rates for each
   35  hospital based on allowable costs, as defined by the agency.
   36  Rates shall be calculated annually and take effect July 1 of
   37  each year based on the most recent complete and accurate cost
   38  report submitted by each hospital. Adjustments may not be made
   39  to the rates after September 30 of the state fiscal year in
   40  which the rate takes effect. Errors in cost reporting or
   41  calculation of rates discovered after September 30 must be
   42  reconciled in a subsequent rate period. The agency may not make
   43  any adjustment to a hospital’s reimbursement rate more than 5
   44  years after a hospital is notified of an audited rate
   45  established by the agency. The requirement that the agency may
   46  not make any adjustment to a hospital’s reimbursement rate more
   47  than 5 years after a hospital is notified of an audited rate
   48  established by the agency is remedial and applies to actions by
   49  providers involving Medicaid claims for hospital services.
   50  Hospital rates shall be subject to such limits or ceilings as
   51  may be established in law or described in the agency’s hospital
   52  reimbursement plan. Specific exemptions to the limits or
   53  ceilings may be provided in the General Appropriations Act.
   54         (h) The agency shall develop a plan to convert inpatient
   56  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   57         And the directory clause is amended as follows:
   58         Delete lines 355 - 357
   59  and insert:
   60         Section 9. Subsections (2) and (4) and paragraph (c) of
   61  subsection (5) of section 409.905, Florida Statutes, are
   62  amended, present paragraphs (d) through (f) are redesignated as
   63  paragraphs (e) through (g) respectively, and new paragraphs (d)
   64  and (g) are added to subsection (5), to read: