Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 690
       
       
       
       
       
       
                                Barcode 255538                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/22/2013           .                                
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       The Committee on Rules (Thrasher) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 3148 - 3251
    4  and insert:
    5         
    6         Section 79. Subsection (6) of section 430.205, Florida
    7  Statutes, is amended to read:
    8         430.205 Community care service system.—
    9         (6) Notwithstanding other requirements of this chapter, the
   10  Department of Elderly Affairs and the Agency for Health Care
   11  Administration shall develop an integrated long-term-care
   12  delivery system.
   13         (a) The duties of the integrated system shall include
   14  organizing and administering service delivery for the elderly,
   15  obtaining contracts for services with providers in each service
   16  area, monitoring the quality of services provided, determining
   17  levels of need and disability for payment purposes, and other
   18  activities determined by the department and the agency in order
   19  to operate an integrated system.
   20         (b) During the 2004-2005 state fiscal year:
   21         1. The agency and the department shall reimburse providers
   22  for case management services on a capitated basis and develop
   23  uniform standards for case management within the Aged and
   24  Disabled Adult Medicaid waiver program. The coordination of
   25  acute and chronic medical services for individuals may be
   26  included in the capitated rate for case management services. The
   27  agency, in consultation with the department, shall adopt any
   28  rules necessary to comply with or administer these requirements.
   29         2. The Legislature finds that preservation of the historic
   30  aging network of lead agencies is essential to the well-being of
   31  Florida’s elderly population. The Legislature finds that the
   32  Florida aging network constitutes a system of essential
   33  community providers which should be nurtured and assisted to
   34  develop systems of operations which allow the gradual assumption
   35  of responsibility and financial risk for managing a client
   36  through the entire continuum of long-term care services within
   37  the area the lead agency is currently serving, and which allow
   38  lead agency providers to develop managed systems of service
   39  delivery. The department, in consultation with the agency, shall
   40  therefore:
   41         a. Develop a demonstration project in which existing
   42  community care for the elderly lead agencies are assisted in
   43  transferring their business model and the service delivery
   44  system within their current community care service area to
   45  enable assumption, over a period of time, of full risk as a
   46  community diversion pilot project contractor providing long-term
   47  care services in the areas of operation. The department, in
   48  consultation with the agency and the Department of Children and
   49  Family Services, shall develop an implementation plan for no
   50  more than three lead agencies by October 31, 2004.
   51         b. In the demonstration area, a community care for the
   52  elderly lead agency shall be initially reimbursed on a prepaid
   53  or fixed-sum basis for all home and community-based services
   54  provided under the long-term care community diversion pilot
   55  project. By the end of the third year of operation, the lead
   56  agency shall be reimbursed on a prepaid or fixed-sum basis for
   57  all services under the long-term care community diversion pilot
   58  project.
   59         c. During the first year of operation, the department, in
   60  consultation with the agency, may place providers at risk to
   61  provide nursing home services for the enrolled individuals who
   62  are participating in the demonstration project. During the 3
   63  year development period, the agency and the department may limit
   64  the level of custodial nursing home risk that the administering
   65  entities assume. Under risk-sharing arrangements, during the
   66  first 3 years of operation, the department, in consultation with
   67  the agency, may reimburse the administering entity for the cost
   68  of providing nursing home care for Medicaid-eligible
   69  participants who have been permanently placed and remain in a
   70  nursing home for more than 1 year, or may disenroll such
   71  participants from the demonstration project.
   72         d. The agency, in consultation with the department, shall
   73  develop reimbursement rates based on the federally approved,
   74  actuarially certified rate methodology for the long-term care
   75  community diversion pilot project.
   76         e. The department, in consultation with the agency, shall
   77  ensure that the entity or entities receiving prepaid or fixed
   78  sum reimbursement are assisted in developing internal management
   79  and financial control systems necessary to manage the risk
   80  associated with providing services under a prepaid or fixed-sum
   81  rate system.
   82         f. If the department and the agency share risk of custodial
   83  nursing home placement, payment rates during the first 3 years
   84  of operation shall be set at not more than 100 percent of the
   85  costs to the agency and the department of providing equivalent
   86  services to the population within the area of the pilot project
   87  for the year prior to the year in which the pilot project is
   88  implemented, adjusted forward to account for inflation and
   89  policy changes in the Medicaid program.
   90         g. Community care for the elderly lead agencies that have
   91  operated for a period of at least 20 years, which provide
   92  Medicare-certified services to elders, and which have developed
   93  a system of service provision by health care volunteers shall be
   94  given priority in the selection of the pilot project if they
   95  meet the minimum requirements specified in the competitive
   96  procurement.
   97         h. The agency and the department shall adopt rules
   98  necessary to comply with or administer these requirements,
   99  effect and implement interagency agreements between the agency
  100  and the department, and comply with federal requirements.
  101         i. The department and the agency shall seek federal waivers
  102  necessary to implement the requirements of this section.
  103         j. The Department of Elderly Affairs shall conduct or
  104  contract for an evaluation of the demonstration project. The
  105  department shall submit the evaluation to the Governor and the
  106  Legislature by January 1, 2007. The evaluation must address the
  107  effectiveness of the pilot project in providing a comprehensive
  108  system of appropriate and high-quality, long-term care services
  109  to elders in the least restrictive setting and make
  110  recommendations on expanding the project to other parts of the
  111  state. This subparagraph is subject to an appropriation by the
  112  Legislature.
  113         3. The agency, in consultation with the department, shall
  114  work with the fiscal agent for the Medicaid program to develop a
  115  service utilization reporting system that operates through the
  116  fiscal agent for the capitated plans.
  117         (c) During the 2005-2006 state fiscal year:
  118         1. The agency, in consultation with the department, shall
  119  monitor the newly integrated programs and report on the progress
  120  of those programs to the Governor, the President of the Senate,
  121  and the Speaker of the House of Representatives by June 30,
  122  2006. The report must include an initial evaluation of the
  123  programs in their early stages following the evaluation plan
  124  developed by the department, in consultation with the agency and
  125  the selected contractor.
  126         2. The department shall monitor the pilot projects for
  127  resource centers on aging and report on the progress of those
  128  projects to the Governor, the President of the Senate, and the
  129  Speaker of the House of Representatives by June 30, 2006. The
  130  report must include an evaluation of the implementation process
  131  in its early stages.
  132         3. The department, in consultation with the agency, shall
  133  integrate the database systems for the Comprehensive Assessment
  134  and Review for Long-Term Care Services (CARES) program and the
  135  Client Information and Referral Tracking System (CIRTS) into a
  136  single operating assessment information system by June 30, 2006.
  137         (d) During the 2006-2007 state fiscal year:
  138         1. The agency, in consultation with the department, shall
  139  evaluate the Alzheimer’s Disease waiver program and the Adult
  140  Day Health Care waiver program to assess whether providing
  141  limited intensive services through these waiver programs
  142  produces better outcomes for individuals than providing those
  143  services through the fee-for-service or capitated programs that
  144  provide a larger array of services.
  145         2. The agency, in consultation with the department, shall
  146  begin discussions with the federal Centers for Medicare and
  147  Medicaid Services regarding the inclusion of Medicare into the
  148  integrated long-term care system. By December 31, 2006, the
  149  agency shall provide to the Governor, the President of the
  150  Senate, and the Speaker of the House of Representatives a plan
  151  for including Medicare in the integrated long-term care system.
  152