Florida Senate - 2021             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 2518
       
       
       
       
       
       
                                Ì523362ÈÎ523362                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .           Floor: AD            
             04/30/2021 10:54 AM       .      04/30/2021 01:59 PM       
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       The Conference Committee on SB 2518 recommended the following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsections (1) and (3) of section 296.37,
    7  Florida Statutes, are amended to read:
    8         296.37 Residents; contribution to support.—
    9         (1) Every resident of the home who receives a pension,
   10  compensation, or gratuity from the United States Government, or
   11  income from any other source of more than $130 $105 per month,
   12  shall contribute to his or her maintenance and support while a
   13  resident of the home in accordance with a schedule of payment
   14  determined by the administrator and approved by the director.
   15  The total amount of such contributions shall be to the fullest
   16  extent possible but may shall not exceed the actual cost of
   17  operating and maintaining the home.
   18         (3) Notwithstanding subsection (1), each resident of the
   19  home who receives a pension, compensation, or gratuity from the
   20  United States Government, or income from any other source, of
   21  more than $130 per month shall contribute to his or her
   22  maintenance and support while a resident of the home in
   23  accordance with a payment schedule determined by the
   24  administrator and approved by the director. The total amount of
   25  such contributions shall be to the fullest extent possible, but,
   26  in no case, shall exceed the actual cost of operating and
   27  maintaining the home. This subsection expires July 1, 2021.
   28         Section 2. Notwithstanding the expiration date in section
   29  51 of chapter 2020-114, Laws of Florida, paragraph (d) of
   30  subsection (2) of section 400.179, Florida Statutes, is
   31  reenacted to read:
   32         400.179 Liability for Medicaid underpayments and
   33  overpayments.—
   34         (2) Because any transfer of a nursing facility may expose
   35  the fact that Medicaid may have underpaid or overpaid the
   36  transferor, and because in most instances, any such underpayment
   37  or overpayment can only be determined following a formal field
   38  audit, the liabilities for any such underpayments or
   39  overpayments shall be as follows:
   40         (d) Where the transfer involves a facility that has been
   41  leased by the transferor:
   42         1. The transferee shall, as a condition to being issued a
   43  license by the agency, acquire, maintain, and provide proof to
   44  the agency of a bond with a term of 30 months, renewable
   45  annually, in an amount not less than the total of 3 months’
   46  Medicaid payments to the facility computed on the basis of the
   47  preceding 12-month average Medicaid payments to the facility.
   48         2. A leasehold licensee may meet the requirements of
   49  subparagraph 1. by payment of a nonrefundable fee, paid at
   50  initial licensure, paid at the time of any subsequent change of
   51  ownership, and paid annually thereafter, in the amount of 1
   52  percent of the total of 3 months’ Medicaid payments to the
   53  facility computed on the basis of the preceding 12-month average
   54  Medicaid payments to the facility. If a preceding 12-month
   55  average is not available, projected Medicaid payments may be
   56  used. The fee shall be deposited into the Grants and Donations
   57  Trust Fund and shall be accounted for separately as a Medicaid
   58  nursing home overpayment account. These fees shall be used at
   59  the sole discretion of the agency to repay nursing home Medicaid
   60  overpayments or for enhanced payments to nursing facilities as
   61  specified in the General Appropriations Act or other law.
   62  Payment of this fee shall not release the licensee from any
   63  liability for any Medicaid overpayments, nor shall payment bar
   64  the agency from seeking to recoup overpayments from the licensee
   65  and any other liable party. As a condition of exercising this
   66  lease bond alternative, licensees paying this fee must maintain
   67  an existing lease bond through the end of the 30-month term
   68  period of that bond. The agency is herein granted specific
   69  authority to promulgate all rules pertaining to the
   70  administration and management of this account, including
   71  withdrawals from the account, subject to federal review and
   72  approval. This provision shall take effect upon becoming law and
   73  shall apply to any leasehold license application. The financial
   74  viability of the Medicaid nursing home overpayment account shall
   75  be determined by the agency through annual review of the account
   76  balance and the amount of total outstanding, unpaid Medicaid
   77  overpayments owing from leasehold licensees to the agency as
   78  determined by final agency audits. By March 31 of each year, the
   79  agency shall assess the cumulative fees collected under this
   80  subparagraph, minus any amounts used to repay nursing home
   81  Medicaid overpayments and amounts transferred to contribute to
   82  the General Revenue Fund pursuant to s. 215.20. If the net
   83  cumulative collections, minus amounts utilized to repay nursing
   84  home Medicaid overpayments, exceed $10 million, the provisions
   85  of this subparagraph shall not apply for the subsequent fiscal
   86  year.
   87         3. The leasehold licensee may meet the bond requirement
   88  through other arrangements acceptable to the agency. The agency
   89  is herein granted specific authority to promulgate rules
   90  pertaining to lease bond arrangements.
   91         4. All existing nursing facility licensees, operating the
   92  facility as a leasehold, shall acquire, maintain, and provide
   93  proof to the agency of the 30-month bond required in
   94  subparagraph 1., above, on and after July 1, 1993, for each
   95  license renewal.
   96         5. It shall be the responsibility of all nursing facility
   97  operators, operating the facility as a leasehold, to renew the
   98  30-month bond and to provide proof of such renewal to the agency
   99  annually.
  100         6. Any failure of the nursing facility operator to acquire,
  101  maintain, renew annually, or provide proof to the agency shall
  102  be grounds for the agency to deny, revoke, and suspend the
  103  facility license to operate such facility and to take any
  104  further action, including, but not limited to, enjoining the
  105  facility, asserting a moratorium pursuant to part II of chapter
  106  408, or applying for a receiver, deemed necessary to ensure
  107  compliance with this section and to safeguard and protect the
  108  health, safety, and welfare of the facility’s residents. A lease
  109  agreement required as a condition of bond financing or
  110  refinancing under s. 154.213 by a health facilities authority or
  111  required under s. 159.30 by a county or municipality is not a
  112  leasehold for purposes of this paragraph and is not subject to
  113  the bond requirement of this paragraph.
  114         Section 3. Present subsections (5) through (13) of section
  115  408.061, Florida Statutes, are redesignated as subsections (7)
  116  through (15), respectively, subsection (4) is amended, and new
  117  subsections (5) and (6) are added to that section, to read:
  118         408.061 Data collection; uniform systems of financial
  119  reporting; information relating to physician charges;
  120  confidential information; immunity.—
  121         (4) Within 120 days after the end of its fiscal year, each
  122  health care facility, excluding continuing care facilities, and
  123  hospitals operated by state agencies, and nursing homes as those
  124  terms are defined in s. 408.07, shall file with the agency, on
  125  forms adopted by the agency and based on the uniform system of
  126  financial reporting, its actual financial experience for that
  127  fiscal year, including expenditures, revenues, and statistical
  128  measures. Such data may be based on internal financial reports
  129  which are certified to be complete and accurate by the provider.
  130  However, hospitals’ actual financial experience shall be their
  131  audited actual experience. Every nursing home shall submit to
  132  the agency, in a format designated by the agency, a statistical
  133  profile of the nursing home residents. The agency, in
  134  conjunction with the Department of Elderly Affairs and the
  135  Department of Health, shall review these statistical profiles
  136  and develop recommendations for the types of residents who might
  137  more appropriately be placed in their homes or other
  138  noninstitutional settings.
  139         (5) Within 120 days after the end of its fiscal year, each
  140  nursing home as defined in s. 408.07 shall file with the agency,
  141  on forms adopted by the agency and based on the uniform system
  142  of financial reporting, its actual financial experience for that
  143  fiscal year, including expenditures, revenues, and statistical
  144  measures. Such data may be based on internal financial reports
  145  that are certified to be complete and accurate by the chief
  146  financial officer of the nursing home. This actual experience
  147  must include the fiscal year-end balance sheet, income
  148  statement, statement of cash flow, and statement of retained
  149  earnings and must be submitted to the agency in addition to the
  150  information filed in the uniform system of financial reporting.
  151  The financial statements must tie to the information submitted
  152  in the uniform system of financial reporting, and a crosswalk
  153  must be submitted along with the financial statements.
  154         (6)Within 120 days after the end of its fiscal year, the
  155  home office of each nursing home as defined in s. 408.07 shall
  156  file with the agency, on forms adopted by the agency and based
  157  on the uniform system of financial reporting, its actual
  158  financial experience for that fiscal year, including
  159  expenditures, revenues, and statistical measures. Such data may
  160  be based on internal financial reports that are certified to be
  161  complete and accurate by the chief financial officer of the
  162  nursing home. This actual experience must include the fiscal
  163  year-end balance sheet, income statement, statement of cash
  164  flow, and statement of retained earnings and must be submitted
  165  to the agency in addition to the information filed in the
  166  uniform system of financial reporting. The financial statements
  167  must tie to the information submitted in the uniform system of
  168  financial reporting, and a crosswalk must be submitted along
  169  with the audited financial statements.
  170         Section 4. Present subsections (19) through (27) of section
  171  408.07, Florida Statutes, are redesignated as subsections (20)
  172  through (28), respectively, and present subsections (28) through
  173  (44) are redesignated as subsections (30) through (46),
  174  respectively, and new subsections (19) and (29) are added to
  175  that section, to read:
  176         408.07 Definitions.—As used in this chapter, with the
  177  exception of ss. 408.031-408.045, the term:
  178         (19) “FNHURS” means the Florida Nursing Home Uniform
  179  Reporting System developed by the agency.
  180         (29)“Home office” has the same meaning as provided in the
  181  Provider Reimbursement Manual, Part 1 (Centers for Medicare and
  182  Medicaid Services, Pub. 15-1), as that definition exists on the
  183  effective date of this act.
  184         Section 5. Subsection (5) of section 409.903, Florida
  185  Statutes, is amended to read:
  186         409.903 Mandatory payments for eligible persons.—The agency
  187  shall make payments for medical assistance and related services
  188  on behalf of the following persons who the department, or the
  189  Social Security Administration by contract with the Department
  190  of Children and Families, determines to be eligible, subject to
  191  the income, assets, and categorical eligibility tests set forth
  192  in federal and state law. Payment on behalf of these Medicaid
  193  eligible persons is subject to the availability of moneys and
  194  any limitations established by the General Appropriations Act or
  195  chapter 216.
  196         (5) A pregnant woman for the duration of her pregnancy and
  197  for the postpartum period consisting of the 12-month period
  198  beginning on the last day of her pregnancy as defined in federal
  199  law and rule, or a child under age 1, if either is living in a
  200  family that has an income that which is at or below 150 percent
  201  of the most current federal poverty level, or, effective January
  202  1, 1992, that has an income which is at or below 185 percent of
  203  the most current federal poverty level. Such a person is not
  204  subject to an assets test. Further, a pregnant woman who applies
  205  for eligibility for the Medicaid program through a qualified
  206  Medicaid provider must be offered the opportunity, subject to
  207  federal rules, to be made presumptively eligible for the
  208  Medicaid program.
  209         Section 6. Subsection (12) of section 409.904, Florida
  210  Statutes, is amended to read:
  211         409.904 Optional payments for eligible persons.—The agency
  212  may make payments for medical assistance and related services on
  213  behalf of the following persons who are determined to be
  214  eligible subject to the income, assets, and categorical
  215  eligibility tests set forth in federal and state law. Payment on
  216  behalf of these Medicaid eligible persons is subject to the
  217  availability of moneys and any limitations established by the
  218  General Appropriations Act or chapter 216.
  219         (12) Effective July 1, 2020, The agency shall make payments
  220  to Medicaid-covered services:
  221         (a) For eligible children and pregnant women, retroactive
  222  for a period of no more than 90 days before the month in which
  223  an application for Medicaid is submitted.
  224         (b) For eligible nonpregnant adults, retroactive to the
  225  first day of the month in which an application for Medicaid is
  226  submitted.
  227  
  228  This subsection expires July 1, 2021.
  229         Section 7. Notwithstanding the expiration date in section
  230  13 of chapter 2020-114, Laws of Florida, subsection (23) of
  231  section 409.908, Florida Statutes, is reenacted to read:
  232         409.908 Reimbursement of Medicaid providers.—Subject to
  233  specific appropriations, the agency shall reimburse Medicaid
  234  providers, in accordance with state and federal law, according
  235  to methodologies set forth in the rules of the agency and in
  236  policy manuals and handbooks incorporated by reference therein.
  237  These methodologies may include fee schedules, reimbursement
  238  methods based on cost reporting, negotiated fees, competitive
  239  bidding pursuant to s. 287.057, and other mechanisms the agency
  240  considers efficient and effective for purchasing services or
  241  goods on behalf of recipients. If a provider is reimbursed based
  242  on cost reporting and submits a cost report late and that cost
  243  report would have been used to set a lower reimbursement rate
  244  for a rate semester, then the provider’s rate for that semester
  245  shall be retroactively calculated using the new cost report, and
  246  full payment at the recalculated rate shall be effected
  247  retroactively. Medicare-granted extensions for filing cost
  248  reports, if applicable, shall also apply to Medicaid cost
  249  reports. Payment for Medicaid compensable services made on
  250  behalf of Medicaid eligible persons is subject to the
  251  availability of moneys and any limitations or directions
  252  provided for in the General Appropriations Act or chapter 216.
  253  Further, nothing in this section shall be construed to prevent
  254  or limit the agency from adjusting fees, reimbursement rates,
  255  lengths of stay, number of visits, or number of services, or
  256  making any other adjustments necessary to comply with the
  257  availability of moneys and any limitations or directions
  258  provided for in the General Appropriations Act, provided the
  259  adjustment is consistent with legislative intent.
  260         (23)(a) The agency shall establish rates at a level that
  261  ensures no increase in statewide expenditures resulting from a
  262  change in unit costs for county health departments effective
  263  July 1, 2011. Reimbursement rates shall be as provided in the
  264  General Appropriations Act.
  265         (b)1. Base rate reimbursement for inpatient services under
  266  a diagnosis-related group payment methodology shall be provided
  267  in the General Appropriations Act.
  268         2. Base rate reimbursement for outpatient services under an
  269  enhanced ambulatory payment group methodology shall be provided
  270  in the General Appropriations Act.
  271         3. Prospective payment system reimbursement for nursing
  272  home services shall be as provided in subsection (2) and in the
  273  General Appropriations Act.
  274         Section 8. Upon the expiration and reversion of the
  275  amendments made to section 409.908, Florida Statutes, pursuant
  276  to section 15 of chapter 2020-114, Laws of Florida, subsection
  277  (26) of section 409.908, Florida Statutes, is amended to read:
  278         409.908 Reimbursement of Medicaid providers.—Subject to
  279  specific appropriations, the agency shall reimburse Medicaid
  280  providers, in accordance with state and federal law, according
  281  to methodologies set forth in the rules of the agency and in
  282  policy manuals and handbooks incorporated by reference therein.
  283  These methodologies may include fee schedules, reimbursement
  284  methods based on cost reporting, negotiated fees, competitive
  285  bidding pursuant to s. 287.057, and other mechanisms the agency
  286  considers efficient and effective for purchasing services or
  287  goods on behalf of recipients. If a provider is reimbursed based
  288  on cost reporting and submits a cost report late and that cost
  289  report would have been used to set a lower reimbursement rate
  290  for a rate semester, then the provider’s rate for that semester
  291  shall be retroactively calculated using the new cost report, and
  292  full payment at the recalculated rate shall be effected
  293  retroactively. Medicare-granted extensions for filing cost
  294  reports, if applicable, shall also apply to Medicaid cost
  295  reports. Payment for Medicaid compensable services made on
  296  behalf of Medicaid eligible persons is subject to the
  297  availability of moneys and any limitations or directions
  298  provided for in the General Appropriations Act or chapter 216.
  299  Further, nothing in this section shall be construed to prevent
  300  or limit the agency from adjusting fees, reimbursement rates,
  301  lengths of stay, number of visits, or number of services, or
  302  making any other adjustments necessary to comply with the
  303  availability of moneys and any limitations or directions
  304  provided for in the General Appropriations Act, provided the
  305  adjustment is consistent with legislative intent.
  306         (26) The agency may receive funds from state entities,
  307  including, but not limited to, the Department of Health, local
  308  governments, and other local political subdivisions, for the
  309  purpose of making special exception payments and Low Income Pool
  310  Program payments, including federal matching funds. Funds
  311  received for this purpose shall be separately accounted for and
  312  may not be commingled with other state or local funds in any
  313  manner. The agency may certify all local governmental funds used
  314  as state match under Title XIX of the Social Security Act to the
  315  extent and in the manner authorized under the General
  316  Appropriations Act and pursuant to an agreement between the
  317  agency and the local governmental entity. In order for the
  318  agency to certify such local governmental funds, a local
  319  governmental entity must submit a final, executed letter of
  320  agreement to the agency, which must be received by October 1 of
  321  each fiscal year and provide the total amount of local
  322  governmental funds authorized by the entity for that fiscal year
  323  under the General Appropriations Act. The local governmental
  324  entity shall use a certification form prescribed by the agency.
  325  At a minimum, the certification form must identify the amount
  326  being certified and describe the relationship between the
  327  certifying local governmental entity and the local health care
  328  provider. Local governmental funds outlined in the letters of
  329  agreement must be received by the agency no later than October
  330  31 of each fiscal year in which such funds are pledged, unless
  331  an alternative plan is specifically approved by the agency. To
  332  be eligible for low-income pool funding or other forms of
  333  supplemental payments funded by intergovernmental transfers, and
  334  in addition to any other applicable requirements, essential
  335  providers identified in s. 409.975(1)(a)2. must offer to
  336  contract with each managed care plan in their region and
  337  essential providers identified in s. 409.975(1)(b)1. and 3. must
  338  offer to contract with each managed care plan in the state.
  339  Before releasing such supplemental payments, in the event the
  340  parties have not executed network contracts, the agency shall
  341  evaluate the parties’ efforts to complete negotiations. If such
  342  efforts continue to fail, the agency must withhold such
  343  supplemental payments beginning in the third quarter of the
  344  fiscal year if it determines that, based upon the totality of
  345  the circumstances, the essential provider has negotiated with
  346  the managed care plan in bad faith. If the agency determines
  347  that an essential provider has negotiated in bad faith, it must
  348  notify the essential provider at least 90 days in advance of the
  349  start of the third quarter of the fiscal year and afford the
  350  essential provider hearing rights in accordance with chapter
  351  120.
  352         Section 9. Subsections (2), (3), and (10) of section
  353  409.911, Florida Statutes, are amended to read:
  354         409.911 Disproportionate share program.—Subject to specific
  355  allocations established within the General Appropriations Act
  356  and any limitations established pursuant to chapter 216, the
  357  agency shall distribute, pursuant to this section, moneys to
  358  hospitals providing a disproportionate share of Medicaid or
  359  charity care services by making quarterly Medicaid payments as
  360  required. Notwithstanding the provisions of s. 409.915, counties
  361  are exempt from contributing toward the cost of this special
  362  reimbursement for hospitals serving a disproportionate share of
  363  low-income patients.
  364         (2) The Agency for Health Care Administration shall use the
  365  following actual audited data to determine the Medicaid days and
  366  charity care to be used in calculating the disproportionate
  367  share payment:
  368         (a) The average of the 3 most recent years of 2012, 2013,
  369  and 2014 audited disproportionate share data available for a
  370  hospital to determine each hospital’s Medicaid days and charity
  371  care for each the 2020-2021 state fiscal year.
  372         (b) If the Agency for Health Care Administration does not
  373  have the prescribed 3 years of audited disproportionate share
  374  data as noted in paragraph (a) for a hospital, the agency shall
  375  use the average of the years of the audited disproportionate
  376  share data as noted in paragraph (a) which is available.
  377         (c) In accordance with s. 1923(b) of the Social Security
  378  Act, a hospital with a Medicaid inpatient utilization rate
  379  greater than one standard deviation above the statewide mean or
  380  a hospital with a low-income utilization rate of 25 percent or
  381  greater shall qualify for reimbursement.
  382         (3) Hospitals that qualify for a disproportionate share
  383  payment solely under paragraph (2)(b) (2)(c) shall have their
  384  payment calculated in accordance with the following formulas:
  385  
  386                   DSHP = (HMD/TMSD) x $1 million                  
  387  
  388  Where:
  389         DSHP = disproportionate share hospital payment.
  390         HMD = hospital Medicaid days.
  391         TSD = total state Medicaid days.
  392  
  393  Any funds not allocated to hospitals qualifying under this
  394  section shall be redistributed to the non-state government owned
  395  or operated hospitals with greater than 3,100 Medicaid days.
  396         (10) Notwithstanding any provision of this section to the
  397  contrary, for each the 2020-2021 state fiscal year, the agency
  398  shall distribute moneys to hospitals providing a
  399  disproportionate share of Medicaid or charity care services as
  400  provided in the 2020-2021 General Appropriations Act. This
  401  subsection expires July 1, 2021.
  402         Section 10. Subsection (3) of section 409.9113, Florida
  403  Statutes, is amended to read:
  404         409.9113 Disproportionate share program for teaching
  405  hospitals.—In addition to the payments made under s. 409.911,
  406  the agency shall make disproportionate share payments to
  407  teaching hospitals, as defined in s. 408.07, for their increased
  408  costs associated with medical education programs and for
  409  tertiary health care services provided to the indigent. This
  410  system of payments must conform to federal requirements and
  411  distribute funds in each fiscal year for which an appropriation
  412  is made by making quarterly Medicaid payments. Notwithstanding
  413  s. 409.915, counties are exempt from contributing toward the
  414  cost of this special reimbursement for hospitals serving a
  415  disproportionate share of low-income patients. The agency shall
  416  distribute the moneys provided in the General Appropriations Act
  417  to statutorily defined teaching hospitals and family practice
  418  teaching hospitals, as defined in s. 395.805, pursuant to this
  419  section. The funds provided for statutorily defined teaching
  420  hospitals shall be distributed as provided in the General
  421  Appropriations Act. The funds provided for family practice
  422  teaching hospitals shall be distributed equally among family
  423  practice teaching hospitals.
  424         (3) Notwithstanding any provision of this section to the
  425  contrary, for each the 2020-2021 state fiscal year, the agency
  426  shall make disproportionate share payments to teaching
  427  hospitals, as defined in s. 408.07, as provided in the 2020-2021
  428  General Appropriations Act. This subsection expires July 1,
  429  2021.
  430         Section 11. Subsection (4) of section 409.9119, Florida
  431  Statutes, is amended to read:
  432         409.9119 Disproportionate share program for specialty
  433  hospitals for children.—In addition to the payments made under
  434  s. 409.911, the Agency for Health Care Administration shall
  435  develop and implement a system under which disproportionate
  436  share payments are made to those hospitals that are separately
  437  licensed by the state as specialty hospitals for children, have
  438  a federal Centers for Medicare and Medicaid Services
  439  certification number in the 3300-3399 range, have Medicaid days
  440  that exceed 55 percent of their total days and Medicare days
  441  that are less than 5 percent of their total days, and were
  442  licensed on January 1, 2013, as specialty hospitals for
  443  children. This system of payments must conform to federal
  444  requirements and must distribute funds in each fiscal year for
  445  which an appropriation is made by making quarterly Medicaid
  446  payments. Notwithstanding s. 409.915, counties are exempt from
  447  contributing toward the cost of this special reimbursement for
  448  hospitals that serve a disproportionate share of low-income
  449  patients. The agency may make disproportionate share payments to
  450  specialty hospitals for children as provided for in the General
  451  Appropriations Act.
  452         (4) Notwithstanding any provision of this section to the
  453  contrary, for each the 2020-2021 state fiscal year, for
  454  hospitals achieving full compliance under subsection (3), the
  455  agency shall make disproportionate share payments to specialty
  456  hospitals for children as provided in the 2020-2021 General
  457  Appropriations Act. This subsection expires July 1, 2021.
  458         Section 12. Paragraph (a) of subsection (1) of section
  459  409.975, Florida Statutes, is amended to read:
  460         409.975 Managed care plan accountability.—In addition to
  461  the requirements of s. 409.967, plans and providers
  462  participating in the managed medical assistance program shall
  463  comply with the requirements of this section.
  464         (1) PROVIDER NETWORKS.—Managed care plans must develop and
  465  maintain provider networks that meet the medical needs of their
  466  enrollees in accordance with standards established pursuant to
  467  s. 409.967(2)(c). Except as provided in this section, managed
  468  care plans may limit the providers in their networks based on
  469  credentials, quality indicators, and price.
  470         (a) Plans must include all providers in the region that are
  471  classified by the agency as essential Medicaid providers, unless
  472  the agency approves, in writing, an alternative arrangement for
  473  securing the types of services offered by the essential
  474  providers. Providers are essential for serving Medicaid
  475  enrollees if they offer services that are not available from any
  476  other provider within a reasonable access standard, or if they
  477  provided a substantial share of the total units of a particular
  478  service used by Medicaid patients within the region during the
  479  last 3 years and the combined capacity of other service
  480  providers in the region is insufficient to meet the total needs
  481  of the Medicaid patients. The agency may not classify physicians
  482  and other practitioners as essential providers. The agency, at a
  483  minimum, shall determine which providers in the following
  484  categories are essential Medicaid providers:
  485         1. Federally qualified health centers.
  486         2. Statutory teaching hospitals as defined in s. 408.07(46)
  487  s. 408.07(44).
  488         3. Hospitals that are trauma centers as defined in s.
  489  395.4001(15).
  490         4. Hospitals located at least 25 miles from any other
  491  hospital with similar services.
  492  
  493  Managed care plans that have not contracted with all essential
  494  providers in the region as of the first date of recipient
  495  enrollment, or with whom an essential provider has terminated
  496  its contract, must negotiate in good faith with such essential
  497  providers for 1 year or until an agreement is reached, whichever
  498  is first. Payments for services rendered by a nonparticipating
  499  essential provider shall be made at the applicable Medicaid rate
  500  as of the first day of the contract between the agency and the
  501  plan. A rate schedule for all essential providers shall be
  502  attached to the contract between the agency and the plan. After
  503  1 year, managed care plans that are unable to contract with
  504  essential providers shall notify the agency and propose an
  505  alternative arrangement for securing the essential services for
  506  Medicaid enrollees. The arrangement must rely on contracts with
  507  other participating providers, regardless of whether those
  508  providers are located within the same region as the
  509  nonparticipating essential service provider. If the alternative
  510  arrangement is approved by the agency, payments to
  511  nonparticipating essential providers after the date of the
  512  agency’s approval shall equal 90 percent of the applicable
  513  Medicaid rate. Except for payment for emergency services, if the
  514  alternative arrangement is not approved by the agency, payment
  515  to nonparticipating essential providers shall equal 110 percent
  516  of the applicable Medicaid rate.
  517         Section 13. Subsection (1) of section 430.502, Florida
  518  Statutes, is amended to read:
  519         430.502 Alzheimer’s disease; memory disorder clinics and
  520  day care and respite care programs.—
  521         (1) There is established:
  522         (a) A memory disorder clinic at each of the three medical
  523  schools in this state;
  524         (b) A memory disorder clinic at a major private nonprofit
  525  research-oriented teaching hospital, and may fund a memory
  526  disorder clinic at any of the other affiliated teaching
  527  hospitals;
  528         (c) A memory disorder clinic at the Mayo Clinic in
  529  Jacksonville;
  530         (d) A memory disorder clinic at the West Florida Regional
  531  Medical Center Clinic in Pensacola;
  532         (e) A memory disorder clinic operated by Health First in
  533  Brevard County;
  534         (f) A memory disorder clinic at the Orlando Regional
  535  Healthcare System, Inc.;
  536         (g) A memory disorder center located in a public hospital
  537  that is operated by an independent special hospital taxing
  538  district that governs multiple hospitals and is located in a
  539  county with a population greater than 800,000 persons;
  540         (h) A memory disorder clinic at St. Mary’s Medical Center
  541  in Palm Beach County;
  542         (i) A memory disorder clinic at Tallahassee Memorial
  543  Healthcare;
  544         (j) A memory disorder clinic at Lee Memorial Hospital
  545  created by chapter 63-1552, Laws of Florida, as amended;
  546         (k) A memory disorder clinic at Sarasota Memorial Hospital
  547  in Sarasota County;
  548         (l) A memory disorder clinic at Morton Plant Hospital,
  549  Clearwater, in Pinellas County;
  550         (m) A memory disorder clinic at Florida Atlantic
  551  University, Boca Raton, in Palm Beach County;
  552         (n) A memory disorder clinic at AdventHealth in Orange
  553  County; and
  554         (o) A memory disorder clinic at Miami Jewish Health System
  555  in Miami-Dade County,
  556  
  557  for the purpose of conducting research and training in a
  558  diagnostic and therapeutic setting for persons suffering from
  559  Alzheimer’s disease and related memory disorders. However,
  560  memory disorder clinics may shall not receive decreased funding
  561  due solely to subsequent additions of memory disorder clinics in
  562  this subsection.
  563         Section 14. Notwithstanding the expiration date in section
  564  19 of chapter 2020-114, Laws of Florida, paragraph (b) of
  565  subsection (5) of section 624.91, Florida Statutes, is reenacted
  566  to read:
  567         624.91 The Florida Healthy Kids Corporation Act.—
  568         (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.—
  569         (b) The Florida Healthy Kids Corporation shall:
  570         1. Arrange for the collection of any family, local
  571  contributions, or employer payment or premium, in an amount to
  572  be determined by the board of directors, to provide for payment
  573  of premiums for comprehensive insurance coverage and for the
  574  actual or estimated administrative expenses.
  575         2. Arrange for the collection of any voluntary
  576  contributions to provide for payment of Florida Kidcare program
  577  premiums for children who are not eligible for medical
  578  assistance under Title XIX or Title XXI of the Social Security
  579  Act.
  580         3. Subject to the provisions of s. 409.8134, accept
  581  voluntary supplemental local match contributions that comply
  582  with the requirements of Title XXI of the Social Security Act
  583  for the purpose of providing additional Florida Kidcare coverage
  584  in contributing counties under Title XXI.
  585         4. Establish the administrative and accounting procedures
  586  for the operation of the corporation.
  587         5. Establish, with consultation from appropriate
  588  professional organizations, standards for preventive health
  589  services and providers and comprehensive insurance benefits
  590  appropriate to children, provided that such standards for rural
  591  areas shall not limit primary care providers to board-certified
  592  pediatricians.
  593         6. Determine eligibility for children seeking to
  594  participate in the Title XXI-funded components of the Florida
  595  Kidcare program consistent with the requirements specified in s.
  596  409.814, as well as the non-Title-XXI-eligible children as
  597  provided in subsection (3).
  598         7. Establish procedures under which providers of local
  599  match to, applicants to and participants in the program may have
  600  grievances reviewed by an impartial body and reported to the
  601  board of directors of the corporation.
  602         8. Establish participation criteria and, if appropriate,
  603  contract with an authorized insurer, health maintenance
  604  organization, or third-party administrator to provide
  605  administrative services to the corporation.
  606         9. Establish enrollment criteria that include penalties or
  607  waiting periods of 30 days for reinstatement of coverage upon
  608  voluntary cancellation for nonpayment of family premiums.
  609         10. Contract with authorized insurers or any provider of
  610  health care services, meeting standards established by the
  611  corporation, for the provision of comprehensive insurance
  612  coverage to participants. Such standards shall include criteria
  613  under which the corporation may contract with more than one
  614  provider of health care services in program sites. Health plans
  615  shall be selected through a competitive bid process. The Florida
  616  Healthy Kids Corporation shall purchase goods and services in
  617  the most cost-effective manner consistent with the delivery of
  618  quality medical care. The maximum administrative cost for a
  619  Florida Healthy Kids Corporation contract shall be 15 percent.
  620  For health care contracts, the minimum medical loss ratio for a
  621  Florida Healthy Kids Corporation contract shall be 85 percent.
  622  For dental contracts, the remaining compensation to be paid to
  623  the authorized insurer or provider under a Florida Healthy Kids
  624  Corporation contract shall be no less than an amount which is 85
  625  percent of premium; to the extent any contract provision does
  626  not provide for this minimum compensation, this section shall
  627  prevail. For an insurer or any provider of health care services
  628  which achieves an annual medical loss ratio below 85 percent,
  629  the Florida Healthy Kids Corporation shall validate the medical
  630  loss ratio and calculate an amount to be refunded by the insurer
  631  or any provider of health care services to the state which shall
  632  be deposited into the General Revenue Fund unallocated. The
  633  health plan selection criteria and scoring system, and the
  634  scoring results, shall be available upon request for inspection
  635  after the bids have been awarded.
  636         11. Establish disenrollment criteria in the event local
  637  matching funds are insufficient to cover enrollments.
  638         12. Develop and implement a plan to publicize the Florida
  639  Kidcare program, the eligibility requirements of the program,
  640  and the procedures for enrollment in the program and to maintain
  641  public awareness of the corporation and the program.
  642         13. Secure staff necessary to properly administer the
  643  corporation. Staff costs shall be funded from state and local
  644  matching funds and such other private or public funds as become
  645  available. The board of directors shall determine the number of
  646  staff members necessary to administer the corporation.
  647         14. In consultation with the partner agencies, provide a
  648  report on the Florida Kidcare program annually to the Governor,
  649  the Chief Financial Officer, the Commissioner of Education, the
  650  President of the Senate, the Speaker of the House of
  651  Representatives, and the Minority Leaders of the Senate and the
  652  House of Representatives.
  653         15. Provide information on a quarterly basis to the
  654  Legislature and the Governor which compares the costs and
  655  utilization of the full-pay enrolled population and the Title
  656  XXI-subsidized enrolled population in the Florida Kidcare
  657  program. The information, at a minimum, must include:
  658         a. The monthly enrollment and expenditure for full-pay
  659  enrollees in the Medikids and Florida Healthy Kids programs
  660  compared to the Title XXI-subsidized enrolled population; and
  661         b. The costs and utilization by service of the full-pay
  662  enrollees in the Medikids and Florida Healthy Kids programs and
  663  the Title XXI-subsidized enrolled population.
  664         16. Establish benefit packages that conform to the
  665  provisions of the Florida Kidcare program, as created in ss.
  666  409.810-409.821.
  667         Section 15. Subsection (2) of section 1011.52, Florida
  668  Statutes, is amended to read:
  669         1011.52 Appropriation to first accredited medical school.—
  670         (2) In order for a medical school to qualify under this
  671  section and to be entitled to the benefits herein, such medical
  672  school:
  673         (a) Must be primarily operated and established to offer,
  674  afford, and render a medical education to residents of the state
  675  qualifying for admission to such institution;
  676         (b) Must be operated by a municipality or county of this
  677  state, or by a nonprofit organization heretofore or hereafter
  678  established exclusively for educational purposes;
  679         (c) Must, upon the formation and establishment of an
  680  accredited medical school, transmit and file with the Department
  681  of Education documentary proof evidencing the facts that such
  682  institution has been certified and approved by the council on
  683  medical education and hospitals of the American Medical
  684  Association and has adequately met the requirements of that
  685  council in regard to its administrative facilities,
  686  administrative plant, clinical facilities, curriculum, and all
  687  other such requirements as may be necessary to qualify with the
  688  council as a recognized, approved, and accredited medical
  689  school;
  690         (d) Must certify to the Department of Education the name,
  691  address, and educational history of each student approved and
  692  accepted for enrollment in such institution for the ensuing
  693  school year; and
  694         (e) Must have in place an operating agreement with a
  695  government-owned hospital that is located in the same county as
  696  the medical school and that is a statutory teaching hospital as
  697  defined in s. 408.07(46) s. 408.07(44). The operating agreement
  698  must provide for the medical school to maintain the same level
  699  of affiliation with the hospital, including the level of
  700  services to indigent and charity care patients served by the
  701  hospital, which was in place in the prior fiscal year. Each
  702  year, documentation demonstrating that an operating agreement is
  703  in effect shall be submitted jointly to the Department of
  704  Education by the hospital and the medical school prior to the
  705  payment of moneys from the annual appropriation.
  706         Section 16. Subject to federal approval of the application
  707  to be a site for the Program of All-inclusive Care for the
  708  Elderly (PACE), the Agency for Health Care Administration shall
  709  contract with one private health care organization, the sole
  710  member of which is a private, not-for-profit corporation that
  711  owns and manages health care organizations that provide
  712  comprehensive long-term care services, including nursing home,
  713  assisted living, independent housing, home care, adult day care,
  714  and care management. This organization shall provide these
  715  services to frail and elderly persons who reside in Escambia,
  716  Okaloosa, and Santa Rosa Counties. The organization is exempt
  717  from the requirements of chapter 641, Florida Statutes. The
  718  agency, in consultation with the Department of Elderly Affairs
  719  and subject to an appropriation, shall approve up to 200 initial
  720  enrollees in the PACE program established by this organization
  721  to serve elderly persons who reside in Escambia, Okaloosa, and
  722  Santa Rosa Counties.
  723         Section 17. Subject to federal approval of the application
  724  to be a site for the Program of All-inclusive Care for the
  725  Elderly (PACE), the Agency for Health Care Administration shall
  726  contract with one private, not-for-profit hospital located in
  727  Miami-Dade County to provide comprehensive services to frail and
  728  elderly persons residing in Northwest Miami-Dade County, as
  729  defined by the agency. The hospital is exempt from the
  730  requirements of chapter 641, Florida Statutes. The agency, in
  731  consultation with the Department of Elderly Affairs and subject
  732  to appropriation, shall approve up to 100 initial enrollees in
  733  the PACE program established by this hospital to serve persons
  734  in Northwest Miami-Dade County.
  735         Section 18. Subject to federal approval of an application
  736  to be a provider of the Program of All-inclusive Care for the
  737  Elderly (PACE), the Agency for Health Care Administration shall
  738  contract with a private organization that has demonstrated the
  739  ability to operate PACE centers in more than one state and that
  740  serves more than 500 eligible PACE participants, to provide PACE
  741  services to frail and elderly persons who reside in
  742  Hillsborough, Hernando, or Pasco Counties. The organization is
  743  exempt from the requirements of chapter 641, Florida Statutes.
  744  The agency, in consultation with the Department of Elderly
  745  Affairs and subject to the appropriation of funds by the
  746  Legislature, shall approve up to 500 initial enrollees in the
  747  PACE program established by the organization to serve frail and
  748  elderly persons who reside in Hillsborough, Hernando, or Pasco
  749  Counties.
  750         Section 19. Subject to federal approval of an application
  751  to be a provider of the Program of All-inclusive Care for the
  752  Elderly (PACE), the Agency for Health Care Administration shall
  753  contract with a private organization that has demonstrated the
  754  ability to service high-risk, frail elderly residents in either
  755  nursing homes or in the community in Florida through its
  756  operation of long-term care facilities, as well as approved
  757  special needs plans for institutionalized Medicare residents.
  758  This organization shall provide these services to frail and
  759  elderly persons who reside in Broward County. The organization
  760  is exempt from the requirements of chapter 641, Florida
  761  Statutes. The agency, in consultation with the Department of
  762  Elderly Affairs and subject to the appropriation of funds by the
  763  Legislature, shall approve up to 300 initial enrollees in the
  764  PACE program established by the organization to serve frail and
  765  elderly persons who reside in Broward County.
  766         Section 20. Subject to federal approval, a current Program
  767  of All-inclusive Care for the Elderly (PACE) organization that
  768  is authorized to provide PACE services in Northeast Florida and
  769  that is granted authority under section 28 of Chapter 2016-65,
  770  Laws of Florida, for up to 300 enrollee slots to serve frail and
  771  elderly persons residing in Baker, Clay, Duval, Nassau, and St.
  772  Johns Counties, may also use those PACE slots for enrollees
  773  residing in Alachua and Putnam Counties, subject to a contract
  774  amendment with the Agency for Health Care Administration.
  775         Section 21. The Program of All-inclusive Care for the
  776  Elderly (PACE) organization that is authorized as of July 1,
  777  2021 to provide PACE services for up to 150 enrollee slots to
  778  serve frail and elderly persons residing in Hospice Service
  779  Areas 7B (Orange and Osceola Counties) and 3E (Lake and Sumter
  780  Counties), as previously authorized by section 29 of Chapter
  781  2016-65, Laws of Florida, and the PACE organization that is
  782  authorized as of July 1, 2021 to provide PACE services for up to
  783  150 initial enrollee slots to serve frail and elderly persons
  784  who reside in Hospice Services Area 7C (Seminole County), as
  785  previously authorized by section 22 of Chapter 2017-129, Laws of
  786  Florida, may be consolidated. With the consolidation, the PACE
  787  organization that has demonstrated the ability to operate PACE
  788  centers in more than one state and that serves more than 500
  789  eligible PACE participants is authorized to provide PACE
  790  services for up to 300 initial enrollee slots to serve frail and
  791  elderly persons who reside in Orange, Osceola, Lake, Sumter, or
  792  Seminole Counties.
  793         Section 22. Subject to federal approval, a private
  794  organization that owns and manages a health care organization
  795  that provides comprehensive long-term care services, including
  796  acute care services, independent living through federally
  797  approved affordable housing, and care management, and has
  798  demonstrated the ability to operate Program of All-inclusive
  799  Care for the Elderly (PACE) centers in more than one state is
  800  authorized to provide PACE services to frail and elderly persons
  801  who reside in Seminole, Volusia, or Flagler Counties. The
  802  organization is exempt from the requirements of chapter 641,
  803  Florida Statutes. The agency, in consultation with the
  804  Department of Elderly Affairs, and subject to an appropriation,
  805  shall approve up to 500 initial enrollee slots to serve frail
  806  and elderly persons residing in Seminole, Volusia, or Flagler
  807  Counties.
  808         Section 23. Subject to federal approval of the application
  809  to be a site for the Program of All-Inclusive Care for the
  810  Elderly (PACE), the Agency for Health Care Administration shall
  811  contract with one public hospital system operating in the
  812  northern two-thirds of Broward County to provide comprehensive
  813  services to frail and elderly persons residing in the northern
  814  two-thirds of Broward County. The public hospital system is
  815  exempt from the requirements of chapter 641, Florida Statutes.
  816  The agency, in consultation with the Department of Elderly
  817  Affairs, and subject to an appropriation, shall approve up to
  818  200 initial enrollee slots in the PACE program established by
  819  the public hospital system to serve frail and elderly persons
  820  residing in the northern two-thirds of Broward County.
  821         Section 24. This act shall take effect July 1, 2021.
  822  
  823  ================= T I T L E  A M E N D M E N T ================
  824  And the title is amended as follows:
  825         Delete everything before the enacting clause
  826  and insert:
  827                        A bill to be entitled                      
  828         An act relating to health care; amending s. 296.37,
  829         F.S.; revising the amount of money residents of a
  830         veterans’ nursing home must receive monthly before
  831         being required to contribute to their maintenance and
  832         support; reenacting s. 400.179(2)(d), F.S., relating
  833         to liability for Medicaid underpayments and
  834         overpayments; amending s. 408.061, F.S.; requiring
  835         nursing homes and their home offices to annually
  836         submit to the Agency of Health Care Administration
  837         certain information within a specified timeframe;
  838         amending s. 408.07, F.S.; defining the terms “FNHURS”
  839         and “home office”; amending s. 409.903, F.S.; revising
  840         the postpartum Medicaid eligibility period for
  841         pregnant women; amending s. 409.904, F.S.; deleting
  842         the effective date and the expiration date of a
  843         provision requiring the agency to make payments to
  844         Medicaid-covered services; reenacting s. 409.908(23),
  845         F.S., relating to reimbursement of Medicaid providers;
  846         amending s. 409.908, F.S.; authorizing the agency to
  847         receive funds to be used for Low Income Pool Program
  848         payments; requiring certain essential providers to
  849         offer to contract with certain managed care plans to
  850         be eligible for low-income pool funding; requiring the
  851         agency to evaluate contract negotiations and withhold
  852         supplemental payments under certain circumstances;
  853         requiring the agency to notify and afford hearing
  854         rights to providers under certain circumstances;
  855         amending s. 409.911, F.S.; revising the years of
  856         audited disproportionate share data the agency must
  857         use for calculating an average for purposes of
  858         calculating disproportionate share payments;
  859         authorizing the agency to use data available for a
  860         hospital; conforming provisions to changes made by the
  861         act; revising the requirement that the agency
  862         distribute moneys to hospitals providing a
  863         disproportionate share of Medicaid or charity care
  864         services, as provided in the General Appropriations
  865         Act, to apply to each fiscal year, rather than a
  866         specified fiscal year; deleting the expiration date of
  867         such requirement; amending s. 409.9113, F.S.; revising
  868         the requirement that the agency make disproportionate
  869         share payments to teaching hospitals, as provided in
  870         the General Appropriations Act, to apply to each
  871         fiscal year, rather than a specified fiscal year;
  872         deleting the expiration date of such requirement;
  873         amending s. 409.9119, F.S.; revising the requirement
  874         that the agency make disproportionate share payments
  875         to certain specialty hospitals for children to apply
  876         to each fiscal year, rather than a specified fiscal
  877         year; deleting the expiration date of such
  878         requirement; amending s. 409.975, F.S.; conforming a
  879         cross-reference; amending s. 430.502, F.S.; revising
  880         the name of a memory disorder clinic in Pensacola;
  881         reenacting s. 624.91(5)(b), F.S., relating to The
  882         Florida Healthy Kids Corporation Act; amending s.
  883         1011.52, F.S.; conforming a cross-reference; requiring
  884         the agency to contract with organizations for the
  885         provision of elder care services in specified counties
  886         if certain conditions are met; requiring the agency to
  887         contract with hospitals for the provision of elder
  888         care services in specified counties if certain
  889         conditions are met; authorizing an organization
  890         providing elder care services in specified counties to
  891         provide elder care services in additional specified
  892         counties if certain conditions are met; authorizing
  893         the consolidation of organizations providing elder
  894         care services in specified counties; authorizing an
  895         organization to provide elder care services with the
  896         consolidation if certain criteria are met; authorizing
  897         an organization to provide elder care services in
  898         specified counties if certain criteria are met;
  899         providing an effective date.