Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SPB 7094
       
       
       
       
       
       
                                Barcode 385834                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  02/18/2012           .                                
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       The Committee on Budget (Rich) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 1066 - 1431
    4  and insert:
    5         (2)(a) The agency shall enroll all Medicaid recipients in a
    6  managed care plan or MediPass all Medicaid recipients, except
    7  those Medicaid recipients who are: in an institution; are
    8  enrolled in the Medicaid medically needy program; are or
    9  eligible for both Medicaid and Medicare; are children under 19
   10  years of age and eligible for SSI; are children determined to be
   11  dependent pursuant to s. 39.01(15); are children enrolled in the
   12  Children’s Medical Services Network; are pregnant women eligible
   13  for Medicaid pursuant to s. 409.903(5); have other creditable
   14  health care coverage; are eligible for refugee assistance; are
   15  residents of a developmental disability center, including
   16  Sunland Center in Marianna and Tacachale in Gainesville; are
   17  enrolled in the home and community-based services waiver
   18  pursuant to chapter 393 and waiting for waiver services; or have
   19  been determined by the agency to be exempt from mandatory
   20  enrollment pursuant to subsection (18). Upon enrollment,
   21  recipients may individuals will be able to change their managed
   22  care option during the 90-day opt out period required by federal
   23  Medicaid regulations. The agency may is authorized to seek the
   24  necessary Medicaid state plan amendment to implement this
   25  policy. Persons eligible for Medicaid but exempt from mandatory
   26  participation who do not choose to enroll in managed care shall
   27  be served through the Medicaid fee-for-service program. However,
   28         (a) To the extent permitted by federal law, the agency may
   29  enroll a recipient in a managed care plan or MediPass a Medicaid
   30  recipient who is exempt from mandatory managed care enrollment
   31  if, provided that:
   32         1. The recipient’s decision to enroll in a managed care
   33  plan or MediPass is voluntary;
   34         2. If The recipient chooses to enroll in a managed care
   35  plan and, the agency has determined that the managed care plan
   36  provides specific programs and services that which address the
   37  special health needs of the recipient; and
   38         3. The agency receives any necessary waivers from the
   39  federal Centers for Medicare and Medicaid Services.
   40  
   41  School districts participating in the certified school match
   42  program pursuant to ss. 409.908(21) and 1011.70 shall be
   43  reimbursed by Medicaid, subject to the limitations of s.
   44  1011.70(1), for a Medicaid-eligible child participating in the
   45  services as authorized in s. 1011.70, as provided for in s.
   46  409.9071, regardless of whether the child is enrolled in
   47  MediPass or a managed care plan. Managed care plans shall make a
   48  good faith effort to execute agreements with school districts
   49  regarding the coordinated provision of services authorized under
   50  s. 1011.70. County health departments delivering school-based
   51  services pursuant to ss. 381.0056 and 381.0057 shall be
   52  reimbursed by Medicaid for the federal share for a Medicaid
   53  eligible child who receives Medicaid-covered services in a
   54  school setting, regardless of whether the child is enrolled in
   55  MediPass or a managed care plan. Managed care plans shall make a
   56  good faith effort to execute agreements with county health
   57  departments regarding the coordinated provision of services to a
   58  Medicaid-eligible child. To ensure continuity of care for
   59  Medicaid patients, the agency, the Department of Health, and the
   60  Department of Education shall develop procedures for ensuring
   61  that a student’s managed care plan or MediPass provider receives
   62  information relating to services provided in accordance with ss.
   63  381.0056, 381.0057, 409.9071, and 1011.70.
   64         (b) A Medicaid recipient may shall not be enrolled in or
   65  assigned to a managed care plan or MediPass unless the managed
   66  care plan or MediPass has complied with the quality-of-care
   67  standards specified in paragraphs (3)(a) and (b), respectively.
   68         (c) A Medicaid recipient eligible for managed care
   69  enrollment recipients shall have a choice of managed care
   70  options plans or MediPass. The Agency for Health Care
   71  Administration, the Department of Health, the Department of
   72  Children and Family Services, and the Department of Elderly
   73  Affairs shall cooperate to ensure that each Medicaid recipient
   74  receives clear and easily understandable information that meets
   75  the following requirements:
   76         1. Explains the concept of managed care, including
   77  MediPass.
   78         2. Provides information on the comparative performance of
   79  managed care options available to the recipient plans and
   80  MediPass in the areas of quality, credentialing, preventive
   81  health programs, network size and availability, and patient
   82  satisfaction.
   83         3. Explains where additional information on each managed
   84  care option plan and MediPass in the recipient’s area can be
   85  obtained.
   86         4. Explains that recipients have the right to choose their
   87  managed care coverage at the time they first enroll in Medicaid
   88  and again at regular intervals set by the agency. However, if a
   89  recipient does not choose a managed care option plan or
   90  MediPass, the agency shall will assign the recipient to a
   91  managed care plan or MediPass according to the criteria
   92  specified in this section.
   93         5. Explains the recipient’s right to complain, file a
   94  grievance, or change his or her managed care option as specified
   95  in this section plans or MediPass providers if the recipient is
   96  not satisfied with the managed care plan or MediPass.
   97         6. Explains the recipient’s right to request an exemption
   98  from mandatory managed care enrollment if the recipient meets
   99  the criteria in subsection (18).
  100         (d) The agency shall develop a mechanism for providing
  101  information to Medicaid recipients for the purpose of choosing
  102  making a managed care option plan or MediPass selection.
  103  Examples of such mechanisms may include, but are not be limited
  104  to, interactive information systems, mailings, and mass
  105  marketing materials. The agency must also have mechanisms that
  106  ensure that persons required to disenroll from the MediPass
  107  program and enroll into a managed care plan can timely access
  108  information through the state or its contracted vendor to
  109  determine whether their current medications are included on a
  110  plan’s preferred drug list and whether their current physicians
  111  are included in the plan’s network. Managed care plans and
  112  MediPass providers may not provide are prohibited from providing
  113  inducements to Medicaid recipients to select their plans or
  114  prejudice from prejudicing Medicaid recipients against other
  115  managed care plans or MediPass providers.
  116         (e) Medicaid recipients who are already enrolled in a
  117  managed care plan or MediPass shall be offered the opportunity
  118  to change managed care plans or MediPass providers, as
  119  applicable, on a staggered basis, as defined by the agency. All
  120  Medicaid recipients shall have 30 days in which to choose a
  121  managed care option make a choice of managed care plans or
  122  MediPass providers. Those Medicaid recipients who do not make a
  123  choice shall be assigned in accordance with paragraph (f). To
  124  facilitate continuity of care, for a Medicaid recipient who is
  125  also a recipient of Supplemental Security Income (SSI), prior to
  126  assigning the SSI recipient to a managed care plan or MediPass,
  127  the agency shall determine whether the SSI recipient has an
  128  ongoing relationship with a MediPass provider or managed care
  129  plan, and if so, the agency shall assign the SSI recipient to
  130  that MediPass provider or managed care plan. Those SSI
  131  recipients who do not have such a provider relationship shall be
  132  assigned to a managed care plan or MediPass provider in
  133  accordance with paragraph (f).
  134         1. During the 30-day choice period:
  135         a. A recipient residing in a county in which two or more
  136  managed care plans are eligible to accept Medicaid enrollees,
  137  including a recipient who was enrolled in MediPass at the
  138  commencement of his or her 30-day choice period, shall choose
  139  from those managed care plans. A recipient may opt out of his or
  140  her choice and choose a different managed care plan during the
  141  90-day opt out period.
  142         b. A recipient residing in a county in which only one
  143  managed care plan is eligible to accept Medicaid enrollees shall
  144  choose the managed care plan or a MediPass provider. A recipient
  145  who chooses the managed care plan may opt out of the plan and
  146  choose a MediPass provider during the 90-day opt out period.
  147         c. A recipient residing in a county in which no managed
  148  care plan is accepting Medicaid enrollees shall choose a
  149  MediPass provider.
  150         2. For the purposes of recipient choice, if a managed care
  151  plan reaches its enrollment capacity, as determined by the
  152  agency, the plan may not accept additional Medicaid enrollees
  153  until the agency determines that the plan’s enrollment is
  154  sufficiently less than its enrollment capacity, due to a decline
  155  in enrollment or by an increase in enrollment capacity. If a
  156  managed care plan notifies the agency of its intent to exit a
  157  county, the plan may not accept additional Medicaid enrollees in
  158  that county before the exit date.
  159         3. As used in this paragraph, when referring to recipient
  160  choice, the term “managed care plans” includes health
  161  maintenance organizations, exclusive provider organizations,
  162  provider service networks, minority physician networks,
  163  Children’s Medical Services Networks, and pediatric emergency
  164  department diversion programs authorized by this chapter or the
  165  General Appropriations Act.
  166         4. The agency shall seek federal waiver authority or a
  167  state plan amendment consistent with 42 U.S.C. 1396u-2(a)(1), as
  168  needed, to implement this paragraph.
  169         (f) If a Medicaid recipient does not choose a managed care
  170  option:
  171         1. If the recipient resides in a county in which two or
  172  more managed care plans are accepting Medicaid enrollees, the
  173  agency shall assign the recipient, including a recipient who was
  174  enrolled in MediPass at the commencement of his or her 30-day
  175  choice period, to one of those managed care plans. A recipient
  176  assigned to a managed care plan under this subparagraph may opt
  177  out of the managed care plan and enroll in a different managed
  178  care plan during the 90-day opt out period. The agency shall
  179  seek to make assignments among the managed care plans on an even
  180  basis under the criteria in subparagraph 6.
  181         2. If the recipient resides in a county in which only one
  182  managed care plan is accepting Medicaid enrollees, the agency
  183  shall assign the recipient, including a recipient who was
  184  enrolled in MediPass at the commencement of his or her 30-day
  185  choice period, to the managed care plan. A recipient assigned to
  186  a managed care plan under this subparagraph may opt out of the
  187  managed care plan and choose a MediPass provider during the 90
  188  day opt out period.
  189         3. If the recipient resides in a county in which no managed
  190  care plan is accepting Medicaid enrollees, the agency shall
  191  assign the recipient to a MediPass provider.
  192         4. For the purpose of assignment, if a managed care plan
  193  reaches its enrollment capacity, as determined by the agency,
  194  the plan may not accept additional Medicaid enrollees until the
  195  agency determines that the plan’s enrollment is sufficiently
  196  less than its enrollment capacity, due to a decline in
  197  enrollment or by an increase in enrollment capacity. If a
  198  managed care plan notifies the agency of its intent to exit a
  199  county, the agency may not assign additional Medicaid enrollees
  200  to the plan in that county before the exit date. plan or
  201  MediPass provider, the agency shall assign the Medicaid
  202  recipient to a managed care plan or MediPass provider. Medicaid
  203  recipients eligible for managed care plan enrollment who are
  204  subject to mandatory assignment but who fail to make a choice
  205  shall be assigned to managed care plans until an enrollment of
  206  35 percent in MediPass and 65 percent in managed care plans, of
  207  all those eligible to choose managed care, is achieved. Once
  208  this enrollment is achieved, the assignments shall be divided in
  209  order to maintain an enrollment in MediPass and managed care
  210  plans which is in a 35 percent and 65 percent proportion,
  211  respectively. Thereafter, assignment of Medicaid recipients who
  212  fail to make a choice shall be based proportionally on the
  213  preferences of recipients who have made a choice in the previous
  214  period. Such proportions shall be revised at least quarterly to
  215  reflect an update of the preferences of Medicaid recipients. The
  216  agency shall disproportionately assign Medicaid-eligible
  217  recipients who are required to but have failed to make a choice
  218  of managed care plan or MediPass to the Children’s Medical
  219  Services Network as defined in s. 391.021, exclusive provider
  220  organizations, provider service networks, minority physician
  221  networks, and pediatric emergency department diversion programs
  222  authorized by this chapter or the General Appropriations Act, in
  223  such manner as the agency deems appropriate, until the agency
  224  has determined that the networks and programs have sufficient
  225  numbers to be operated economically.
  226         5. As used in For purposes of this paragraph, when
  227  referring to assignment, the term “managed care plans” includes
  228  health maintenance organizations, exclusive provider
  229  organizations, provider service networks, minority physician
  230  networks, Children’s Medical Services Network, and pediatric
  231  emergency department diversion programs authorized by this
  232  chapter or the General Appropriations Act.
  233         6. When making assignments, the agency shall consider take
  234  into account the following criteria, as applicable:
  235         a.1.Whether a managed care plan has sufficient network
  236  capacity to meet the need of members.
  237         b.2.Whether the managed care plan or MediPass has
  238  previously enrolled the recipient as a member, or one of the
  239  managed care plan’s primary care providers or a MediPass primary
  240  care provider providers has previously provided health care to
  241  the recipient.
  242         c.3.Whether the agency has knowledge that the recipient
  243  member has previously expressed a preference for a particular
  244  managed care plan or MediPass primary care provider as indicated
  245  by Medicaid fee-for-service claims data, but has failed to make
  246  a choice.
  247         d.4.Whether the managed care plan’s or MediPass primary
  248  care providers are geographically accessible to the recipient’s
  249  residence.
  250         e. If the recipient was already enrolled in a managed care
  251  plan at the commencement of his or her 30-day choice period and
  252  fails to choose a different option, the recipient must remain
  253  enrolled in that same managed care plan.
  254         f. To facilitate continuity of care for a Medicaid
  255  recipient who is also a recipient of Supplemental Security
  256  Income (SSI), before assigning the SSI recipient, the agency
  257  shall determine whether the SSI recipient has an ongoing
  258  relationship with a managed care plan or a MediPass primary care
  259  provider, and if so, the agency shall assign the SSI recipient
  260  to that managed care plan or MediPass provider, as applicable.
  261  However, if the recipient has an ongoing relationship with a
  262  MediPass primary care provider who is included in the provider
  263  network of one or more managed care plans, the agency shall
  264  assign the recipient to one of those managed care plans.
  265         g. If the recipient is diagnosed with HIV/AIDS and resides
  266  in Broward County, Miami-Dade County, or Palm Beach County, the
  267  agency shall assign the Medicaid recipient to a managed care
  268  plan that is a health maintenance organization authorized under
  269  chapter 641, that was under contract with the agency on July 1,
  270  2011, and that offers a delivery system in partnership with a
  271  university-based teaching and research-oriented organization
  272  specializing in providing health care services and treatment for
  273  individuals diagnosed with HIV/AIDS. Recipients not diagnosed
  274  with HIV/AIDS may not be assigned under this paragraph to a
  275  managed care plan that specializes in HIV/AIDS.
  276         7. The agency shall seek federal waiver authority or a
  277  state plan amendment consistent with 42 U.S.C. 1396u-2(a)(4)(D),
  278  as needed, to implement this paragraph.
  279         (g) When more than one managed care plan or MediPass
  280  provider meets the criteria specified in paragraph (f), the
  281  agency shall make recipient assignments consecutively by family
  282  unit.
  283         (h) The agency may not engage in practices that are
  284  designed to favor one managed care plan over another or that are
  285  designed to influence Medicaid recipients to enroll in MediPass
  286  rather than in a managed care plan or to enroll in a managed
  287  care plan rather than in MediPass, as applicable. This
  288  subsection does not prohibit the agency from reporting on the
  289  performance of MediPass or any managed care plan, as measured by
  290  performance criteria developed by the agency.
  291         (i) After a recipient has made his or her selection or has
  292  been enrolled in a managed care plan or MediPass, the recipient
  293  shall have 90 days to exercise the opportunity to voluntarily
  294  disenroll and select another managed care option plan or
  295  MediPass. After 90 days, no further changes may be made except
  296  for good cause. Good cause includes, but is not limited to, poor
  297  quality of care, lack of access to necessary specialty services,
  298  an unreasonable delay or denial of service, or fraudulent
  299  enrollment. The agency shall develop criteria for good cause
  300  disenrollment for chronically ill and disabled populations who
  301  are assigned to managed care plans if more appropriate care is
  302  available through the MediPass program. The agency must make a
  303  determination as to whether good cause exists. However, the
  304  agency may require a recipient to use the managed care plan’s or
  305  MediPass grievance process prior to the agency’s determination
  306  of good cause, except in cases in which immediate risk of
  307  permanent damage to the recipient’s health is alleged. The
  308  grievance process, if used when utilized, must be completed in
  309  time to permit the recipient to disenroll by the first day of
  310  the second month after the month the disenrollment request was
  311  made. If the managed care plan or MediPass, as a result of the
  312  grievance process, approves an enrollee’s request to disenroll,
  313  the agency is not required to make a determination in the case.
  314  The agency must make a determination and take final action on a
  315  recipient’s request so that disenrollment occurs by no later
  316  than the first day of the second month after the month the
  317  request was made. If the agency fails to act within the
  318  specified timeframe, the recipient’s request to disenroll is
  319  deemed to be approved as of the date agency action was required.
  320  Recipients who disagree with the agency’s finding that good
  321  cause does not exist for disenrollment shall be advised of their
  322  right to pursue a Medicaid fair hearing to dispute the agency’s
  323  finding.
  324         (j) Consistent with 42 U.S.C. 1396u-2(a)(4)(A) or under
  325  federal waiver authority, as needed, the agency shall apply for
  326  a federal waiver from the Centers for Medicare and Medicaid
  327  Services to lock eligible Medicaid recipients into a managed
  328  care plan or MediPass for 12 months after an open enrollment
  329  period, except for the 90-day opt out period and good cause
  330  disenrollment. After 12 months’ enrollment, a recipient may
  331  select another managed care plan or MediPass provider. However,
  332  nothing shall prevent a Medicaid recipient may not be prevented
  333  from changing primary care providers within the managed care
  334  plan or MediPass program, as applicable, during the 12-month
  335  period.
  336         (k) The agency shall maintain MediPass provider networks in
  337  all counties, including those counties in which two or more
  338  managed care plans are accepting Medicaid enrollees. When a
  339  Medicaid recipient does not choose a managed care plan or
  340  MediPass provider, the agency shall assign the Medicaid
  341  recipient to a managed care plan, except in those counties in
  342  which there are fewer than two managed care plans accepting
  343  Medicaid enrollees, in which case assignment shall be to a
  344  managed care plan or a MediPass provider. Medicaid recipients in
  345  counties with fewer than two managed care plans accepting
  346  Medicaid enrollees who are subject to mandatory assignment but
  347  who fail to make a choice shall be assigned to managed care
  348  plans until an enrollment of 35 percent in MediPass and 65
  349  percent in managed care plans, of all those eligible to choose
  350  managed care, is achieved. Once that enrollment is achieved, the
  351  assignments shall be divided in order to maintain an enrollment
  352  in MediPass and managed care plans which is in a 35 percent and
  353  65 percent proportion, respectively. For purposes of this
  354  paragraph, when referring to assignment, the term “managed care
  355  plans” includes exclusive provider organizations, provider
  356  service networks, Children’s Medical Services Network, minority
  357  physician networks, and pediatric emergency department diversion
  358  programs authorized by this chapter or the General
  359  Appropriations Act. When making assignments, the agency shall
  360  take into account the following criteria:
  361         1. A managed care plan has sufficient network capacity to
  362  meet the need of members.
  363         2. The managed care plan or MediPass has previously
  364  enrolled the recipient as a member, or one of the managed care
  365  plan’s primary care providers or MediPass providers has
  366  previously provided health care to the recipient.
  367         3. The agency has knowledge that the member has previously
  368  expressed a preference for a particular managed care plan or
  369  MediPass provider as indicated by Medicaid fee-for-service
  370  claims data, but has failed to make a choice.
  371         4. The managed care plan’s or MediPass primary care
  372  providers are geographically accessible to the recipient’s
  373  residence.
  374         5. The agency has authority to make mandatory assignments
  375  based on quality of service and performance of managed care
  376  plans.
  377         (l) If the Medicaid recipient is diagnosed with HIV/AIDS
  378  and resides in Broward County, Miami-Dade County, or Palm Beach
  379  County, the agency shall assign the Medicaid recipient to a
  380  managed care plan that is a health maintenance organization
  381  authorized under chapter 641, is under contract with the agency
  382  on July 1, 2011, and which offers a delivery system through a
  383  university-based teaching and research-oriented organization
  384  that specializes in providing health care services and treatment
  385  for individuals diagnosed with HIV/AIDS.
  386         (l)(m) Notwithstanding the provisions of chapter 287, the
  387  agency may, at its discretion, renew cost-effective contracts
  388  for choice counseling services once or more for such periods as
  389  the agency may decide. However, all such renewals may not
  390  combine to exceed a total period longer than the term of the
  391  original contract.
  392         (m) To ensure continuity of care, Medicaid recipients
  393  enrolled in MediPass who have not completed a course of
  394  treatment with their current provider at the time they are
  395  required to enroll in a managed care plan shall be permitted to
  396  maintain their provider and Medicaid coverage for up to 6 months
  397  in order to complete their treatment, if otherwise eligible.
  398  Recipients who are receiving treatment covered by Medicaid from
  399  a specialty provider at the time they are required to enroll in
  400  a managed care plan shall also be permitted to continue
  401  receiving treatment from the specialty provider until their
  402  initial appointment with a similar specialty provider under
  403  their managed plan. The agency shall develop notice procedures
  404  and other mechanisms to ensure that recipients are aware of
  405  these transition benefits and how to access them.
  406  
  407  This subsection expires October 1, 2014.