Florida Senate - 2017                                     SB 682
       
       
        
       By Senator Stargel
       
       22-00989F-17                                           2017682__
    1                        A bill to be entitled                      
    2         An act relating to Medicaid managed care; amending s.
    3         409.964, F.S.; revising parameters relating to the
    4         establishment of the Medicaid program; deleting
    5         obsolete provisions; amending s. 409.965, F.S.;
    6         revising exemptions from the mandatory enrollment of
    7         Medicaid recipients in statewide Medicaid managed
    8         care; providing exemptions from participation in the
    9         long-term care managed care program; requiring the
   10         Agency for Health Care Administration to authorize
   11         Medicaid recipients who are eligible for the long-term
   12         care managed care program to enroll or remain enrolled
   13         in the program, subject to specified requirements;
   14         amending s. 409.967, F.S.; requiring the agency to
   15         impose fines and authorizing other sanctions for
   16         willful failure to comply with specified payment
   17         provisions; amending s. 409.979, F.S.; revising
   18         eligibility criteria for the long-term care managed
   19         care program to conform to exemptions; amending s.
   20         409.982, F.S.; revising parameters under which a long
   21         term care managed care plan must contract with nursing
   22         homes and hospices; specifying that the agency must
   23         require certain plans to report information on the
   24         quality or performance criteria used in making a
   25         certain determination; providing effective dates.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 409.964, Florida Statutes, is amended to
   30  read:
   31         409.964 Managed care program; state plan; waivers.—The
   32  Medicaid program is established as a statewide, integrated
   33  managed care program for all covered services, including long
   34  term care services as specified under this part. The agency
   35  shall apply for and implement state plan amendments or waivers
   36  of applicable federal laws and regulations necessary to
   37  implement the program. Before seeking a waiver, the agency shall
   38  provide public notice and the opportunity for public comment and
   39  include public feedback in the waiver application. The agency
   40  shall hold one public meeting in each of the regions described
   41  in s. 409.966(2), and the time period for public comment for
   42  each region shall end no sooner than 30 days after the
   43  completion of the public meeting in that region. The agency
   44  shall submit any state plan amendments, new waiver requests, or
   45  requests for extensions or expansions for existing waivers,
   46  needed to implement the managed care program by August 1, 2011.
   47         Section 2. Effective July 1, 2018, section 409.965, Florida
   48  Statutes, is amended to read:
   49         409.965 Mandatory enrollment.—All Medicaid recipients shall
   50  receive covered services through the statewide managed care
   51  program, except as provided by this part pursuant to an approved
   52  federal waiver.
   53         (1) The following Medicaid recipients are exempt from
   54  participation in the statewide managed care program:
   55         (a)(1) Women who are eligible only for family planning
   56  services.
   57         (b)(2) Women who are eligible only for breast and cervical
   58  cancer services.
   59         (c)(3) Persons who are eligible for emergency Medicaid for
   60  aliens.
   61         (2) Persons who are assigned into level of care 1 under s.
   62  409.983(4) and have resided in a nursing facility for 60 or more
   63  consecutive days are exempt from participation in the long-term
   64  care managed care program. For a person who becomes exempt under
   65  this subsection while enrolled in the long-term care managed
   66  care program, the exemption shall take effect on the first day
   67  of the first month after the person meets the criteria for the
   68  exemption. Nothing in this subsection shall affect a person’s
   69  eligibility for the Medicaid managed medical assistance program.
   70         (3) Persons receiving hospice care while residing in a
   71  nursing facility are exempt from participation in the long-term
   72  care managed care program. For a person who becomes exempt under
   73  this subsection while enrolled in the long-term care managed
   74  care program, the exemption shall take effect on the first day
   75  of the first month after the person meets the criteria for the
   76  exemption. Nothing in this subsection shall affect a person’s
   77  eligibility for the Medicaid managed medical assistance program.
   78         (4) Notwithstanding subsections (2) and (3):
   79         (a) The agency shall authorize a Medicaid recipient who is
   80  otherwise eligible for the long-term care managed care program,
   81  who is 18 years of age or older, and who is eligible for
   82  Medicaid by reason of a disability to enroll or remain enrolled
   83  in the long-term care managed care program under s. 409.979.
   84         (b) The agency shall authorize a long-term care managed
   85  care program enrollee to remain enrolled in the program if the
   86  enrollee is residing in a nursing home for the purpose of
   87  rehabilitation and has been identified by the nursing home and
   88  the enrollee’s case manager as a candidate for home and
   89  community-based services following rehabilitation.
   90         Section 3. Paragraph (j) of subsection (2) of section
   91  409.967, Florida Statutes, is amended to read:
   92         409.967 Managed care plan accountability.—
   93         (2) The agency shall establish such contract requirements
   94  as are necessary for the operation of the statewide managed care
   95  program. In addition to any other provisions the agency may deem
   96  necessary, the contract must require:
   97         (j) Prompt payment.—Managed care plans shall comply with
   98  ss. 641.315, 641.3155, and 641.513, and the agency shall impose
   99  fines, and may impose other sanctions, on a plan that willfully
  100  fails to comply with those sections or s. 409.982(5).
  101         Section 4. Subsection (1) of section 409.979, Florida
  102  Statutes, is amended to read:
  103         409.979 Eligibility.—
  104         (1) PREREQUISITE CRITERIA FOR ELIGIBILITY.—Medicaid
  105  recipients who are not exempt under s. 409.965 and meet all of
  106  the following criteria are eligible to receive long-term care
  107  services and must receive long-term care services by
  108  participating in the long-term care managed care program. The
  109  recipient must be:
  110         (a) Sixty-five years of age or older, or age 18 or older
  111  and eligible for Medicaid by reason of a disability.
  112         (b) Determined by the Comprehensive Assessment Review and
  113  Evaluation for Long-Term Care Services (CARES) preadmission
  114  screening program to require nursing facility care as defined in
  115  s. 409.985(3).
  116         Section 5. Subsections (1) and (2) of section 409.982,
  117  Florida Statutes, are amended to read:
  118         409.982 Long-term care managed care plan accountability.—In
  119  addition to the requirements of s. 409.967, plans and providers
  120  participating in the long-term care managed care program must
  121  comply with the requirements of this section.
  122         (1) PROVIDER NETWORKS.—Managed care plans may limit the
  123  providers in their networks based on credentials, quality
  124  indicators, and price. For the first 12 months of any contract
  125  period following a procurement for the long-term care managed
  126  care program under s. 409.981 between October 1, 2013, and
  127  September 30, 2014, each selected plan must offer a network
  128  contract to all nursing homes that meet the recredentialing
  129  requirements and hospices that meet the credentialing
  130  requirements specified in the plan’s contract with the agency
  131  the following providers in the region or regions for which the
  132  plan is awarded a contract.:
  133         (a) Nursing homes.
  134         (b) Hospices.
  135         (c) Aging network service providers that have previously
  136  participated in home and community-based waivers serving elders
  137  or community-service programs administered by the Department of
  138  Elderly Affairs. During the remainder of the contract period, a
  139  After 12 months of active participation in a managed care plan’s
  140  network, the plan may exclude any of the providers named in this
  141  subsection from the plan’s network for failure to meet quality
  142  or performance criteria. If a the plan excludes a provider from
  143  its network the plan, the plan must provide written notice to
  144  all recipients who have chosen that provider for care. The
  145  notice must be provided at least 30 days before the effective
  146  date of the exclusion. The agency shall establish contract
  147  provisions governing the transfer of recipients from excluded
  148  residential providers. The agency shall require a plan that
  149  excludes a provider from its network or that fails to renew the
  150  plan’s contract with a provider under this subsection to report
  151  to the agency the quality or performance criteria the plan used
  152  in deciding to exclude the provider and to demonstrate how the
  153  provider failed to meet the plan’s criteria.
  154         (2) SELECT PROVIDER PARTICIPATION.—Except as provided in
  155  this subsection, providers may limit the managed care plans they
  156  join. Nursing homes and hospices that are enrolled Medicaid
  157  providers must participate in all eligible plans selected by the
  158  agency in the region in which the provider is located, with the
  159  exception of plans from which the provider has been excluded
  160  under subsection (1).
  161         Section 6. Except as otherwise provided in this act and
  162  except for this section, which shall take effect upon this act
  163  becoming a law, this act shall take effect July 1, 2017.