Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 682
       
       
       
       
       
       
                                Ì2041968Î204196                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/27/2017           .                                
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       The Committee on Health Policy (Young) recommended the
       following:
       
    1         Senate Amendment to Amendment (716712) (with title
    2  amendment)
    3  
    4         Delete lines 5 - 99
    5  and insert:
    6         Section 1. Section 409.964, Florida Statutes, is amended to
    7  read:
    8         409.964 Managed care program; state plan; waivers.—The
    9  Medicaid program is established as a statewide, integrated
   10  managed care program for all covered services, including long
   11  term care services as specified under this part. The agency
   12  shall apply for and implement state plan amendments or waivers
   13  of applicable federal laws and regulations necessary to
   14  implement the program. Before seeking a waiver, the agency shall
   15  provide public notice and the opportunity for public comment and
   16  include public feedback in the waiver application. The agency
   17  shall hold one public meeting in each of the regions described
   18  in s. 409.966(2), and the time period for public comment for
   19  each region shall end no sooner than 30 days after the
   20  completion of the public meeting in that region. The agency
   21  shall submit any state plan amendments, new waiver requests, or
   22  requests for extensions or expansions for existing waivers,
   23  needed to implement the managed care program by August 1, 2011.
   24         Section 2. Effective October 1, 2018, section 409.965,
   25  Florida Statutes, is amended to read
   26         409.965 Mandatory enrollment.—All Medicaid recipients shall
   27  receive covered services through the statewide managed care
   28  program, except as provided by this part pursuant to an approved
   29  federal waiver.
   30         (1)  The following Medicaid recipients are exempt from
   31  participation in the statewide managed care program:
   32         (a)(1) Women who are eligible only for family planning
   33  services.
   34         (b)(2) Women who are eligible only for breast and cervical
   35  cancer services.
   36         (c)(3) Persons who are eligible for emergency Medicaid for
   37  aliens.
   38         (2)(a) Persons who are assigned into level of care 1 under
   39  s. 409.983(4) and have resided in a nursing facility for 365
   40  consecutive days shall undergo a consultation and determination
   41  pursuant to subsection (3)(c) to determine whether they should
   42  be exempt from participation in the long-term care managed care
   43  program. For a person who becomes exempt under this paragraph
   44  while enrolled in the long-term care managed care program, the
   45  exemption shall take effect on the first day of the first month
   46  after the person meets the criteria for the exemption. This
   47  paragraph does not affect a person’s eligibility for the
   48  Medicaid managed medical assistance program.
   49         (b) Persons receiving hospice care while residing in a
   50  nursing facility are exempt from participation in the long-term
   51  care managed care program. For a person who becomes exempt under
   52  this paragraph while enrolled in the long-term care managed care
   53  program, the exemption takes effect on the first day of the
   54  first month after the person meets the criteria for the
   55  exemption. This paragraph does not affect a person’s eligibility
   56  for the Medicaid managed medical assistance program.
   57         (3) Notwithstanding subsection (2):
   58         (a) A Medicaid recipient who is otherwise eligible for the
   59  long-term care managed care program, who is 18 years of age or
   60  older, and who is eligible for Medicaid by reason of a
   61  disability is not exempt from the long-term care managed care
   62  program under subsection (2).
   63         (b) A person who is afforded priority enrollment for home
   64  and community-based services under s. 409.979(3)(f) is not
   65  exempt from the long-term care managed care program under
   66  subsection (2).
   67         (c) A nursing facility resident is not exempt from the
   68  long-term care managed care program under paragraph (2)(a) if
   69  the resident has been identified as a candidate for home and
   70  community-based services by the nursing facility administrator
   71  and any long-term care plan case manager assigned to the
   72  resident pursuant to the consultation and determination set
   73  forth in this section. Such identification must be made in
   74  consultation with the following persons:
   75         1. The resident or the residents legal representative or
   76  designee;
   77         2. The resident’s personal physician or, if the resident
   78  does not have a personal physician, the facility’s medical
   79  director; and
   80         3. A registered nurse who has participated in developing,
   81  maintaining, or reviewing the individual’s resident care plan as
   82  defined in s. 400.021.
   83         (d) Before determining that a person is exempt from the
   84  long-term care managed care program under paragraph (2)(a), the
   85  agency shall confirm whether the person has been identified as a
   86  candidate for home and community-based services under paragraph
   87  (c). If a nursing facility resident who has been determined
   88  exempt is later identified as a candidate for home and
   89  community-based services, the nursing facility administrator
   90  shall promptly notify the agency.
   91         (4) A nursing facility resident's eligibility for home and
   92  community-based services shall be re-determined every 90 days
   93  after the determination made pursuant to subsection (3)(c) until
   94  the nursing facility care resident has been in nursing care for
   95  720 consecutive days. At 720 days of nursing facility care,
   96  there is a rebuttable presumption that the resident is no longer
   97  eligible for home and community-based services. This presumption
   98  may be rebutted by compelling evidence presented in an
   99  evaluation as set forth in paragraph (c) of this section. The
  100  agency must approve the final determination of eligibility.
  101  
  102  ================= T I T L E  A M E N D M E N T ================
  103  And the title is amended as follows:
  104         Delete lines 180 - 201
  105  and insert:
  106         An act relating to Medicaid managed care; amending s.
  107         409.964, F.S.; providing that covered services for
  108         long-term care under the Medicaid managed care program
  109         are those specified in part IV of ch. 409, F.S.;
  110         deleting an obsolete provision; amending s. 409.965,
  111         F.S.; providing that certain residents of nursing
  112         facilities are exempt from participation in the long
  113         term care managed care program; providing that
  114         eligibility for the Medicaid managed medical
  115         assistance program is not affected by such provisions;
  116         providing conditions under which the exemption does
  117         not apply; requiring re-determinations at specified
  118         intervals; creating a rebuttable presumption for
  119         nursing facility care; amending s. 409.967, F.S.;
  120         requiring