ENROLLED 2023 Legislature SB 2510, 1st Engrossed 20232510er 1 2 An act relating to health; amending s. 296.37, F.S.; 3 increasing the income threshold for certain 4 contributions required by residents of veterans’ 5 nursing homes; amending s. 409.814, F.S.; revising 6 eligibility conditions for participation in the 7 Florida Kidcare program; amending s. 409.908, F.S.; 8 revising the payment methodology for a certain 9 component of the state Title XIX Long-Term Care 10 Reimbursement Plan for nursing home care; amending s. 11 409.909, F.S.; revising the hospitals and qualifying 12 institutions that are eligible for participation in 13 the Graduate Medical Education Startup Bonus Program; 14 establishing the Slots for Doctors Program for a 15 specified purpose; requiring the Agency for Health 16 Care Administration to allocate a specified amount to 17 hospitals and qualifying institutions for certain 18 newly created resident positions for specified 19 physician specialties or subspecialties; providing 20 construction; prohibiting the use of allocated funds 21 under the program for resident positions that have 22 previously received certain other funding; amending s. 23 409.967, F.S.; revising the criteria for determining 24 achieved savings rebates for purposes of Medicaid 25 prepaid plans; creating s. 409.9855, F.S.; requiring 26 the Agency for Health Care Administration to implement 27 a pilot program for individuals with developmental 28 disabilities in specified Statewide Medicaid Managed 29 Care regions to provide coverage of comprehensive 30 services; authorizing the agency to seek federal 31 approval as needed to implement the program; requiring 32 the agency to submit a request for federal approval by 33 a specified date; requiring the agency to administer 34 the pilot program in consultation with the Agency for 35 Persons with Disabilities; requiring the Agency for 36 Health Care Administration to make specified payments 37 to certain organizations for comprehensive services 38 for individuals with developmental disabilities; 39 providing applicability; requiring the agency to 40 evaluate the feasibility of implementing a statewide 41 capitated managed care model used by the pilot program 42 for certain individuals; providing that participation 43 in the pilot program is voluntary and subject to 44 specific appropriation; requiring the Agency for 45 Persons with Disabilities to approve a needs 46 assessment methodology to determine certain needs for 47 prospective enrollees; providing program enrollment 48 eligibility requirements; requiring that enrollees be 49 afforded an opportunity to enroll in any appropriate 50 existing Medicaid waiver program under certain 51 circumstances; requiring participating plans to cover 52 specified benefits; providing requirements for 53 providers of services; providing eligibility 54 requirements for plans; providing a selection process; 55 requiring the Agency for Health Care Administration to 56 give preference to certain plans; requiring that plan 57 payments be based on rates specifically developed for 58 a certain population; requiring the agency to ensure 59 that the rate be actuarially sound; requiring that the 60 revenues and expenditures of the selected plan be 61 included in specified reporting and regulatory 62 requirements; requiring the agency to select 63 participating plans and begin enrollment by a 64 specified date; requiring the agency, in consultation 65 with the Agency for Persons with Disabilities, to 66 conduct certain audits of the selected plans’ 67 implementation of person-centered planning and to 68 submit specified progress reports to the Governor and 69 the Legislature by specified dates throughout the 70 program approval and implementation process; providing 71 requirements for the respective reports; requiring the 72 Agency for Health Care Administration, in consultation 73 with the Agency for Persons with Disabilities, to 74 conduct an evaluation of the pilot program; 75 authorizing the Agency for Health Care Administration 76 to contract with an independent evaluator to conduct 77 such evaluation; providing requirements for the 78 evaluation; requiring the Agency for Health Care 79 Administration, in consultation with the Agency for 80 Persons with Disabilities, to conduct quality 81 assurance monitoring of the pilot program; requiring 82 the Agency for Health Care Administration to submit 83 the results of the evaluation to the Governor and the 84 Legislature by a specified date; requiring 85 participating plans to consult with the Agency for 86 Persons with Disabilities regarding capacity limits; 87 requiring the Agency for Health Care Administration to 88 distinguish certain services in its Medicaid provider 89 enrollment process; prohibiting the agency from 90 requiring certain home health agencies to meet certain 91 requirements for participation in the Medicaid 92 program; providing effective dates. 93 94 Be It Enacted by the Legislature of the State of Florida: 95 96 Section 1. Subsection (1) of section 296.37, Florida 97 Statutes, is amended to read: 98 296.37 Residents; contribution to support.— 99 (1) Every resident of the home who receives a pension, 100 compensation, or gratuity from the United States Government, or 101 income from any other source of more than $160$130per month, 102 shall contribute to his or her maintenance and support while a 103 resident of the home in accordance with a schedule of payment 104 determined by the administrator and approved by the director. 105 The total amount of such contributions shall be to the fullest 106 extent possible but may not exceed the actual cost of operating 107 and maintaining the home. 108 Section 2. Subsection (7) of section 409.814, Florida 109 Statutes, is amended to read: 110 409.814 Eligibility.—A child who has not reached 19 years 111 of age whose family income is equal to or below 200 percent of 112 the federal poverty level is eligible for the Florida Kidcare 113 program as provided in this section. If an enrolled individual 114 is determined to be ineligible for coverage, he or she must be 115 immediately disenrolled from the respective Florida Kidcare 116 program component. 117 (7) A child whose family income is above 200 percent of the 118 federal poverty level or a child who is excluded underthe119provisions ofsubsection (5) may participate in the Florida 120 Kidcare program as provided in s. 409.8132 or, if the child is 121 ineligible for Medikids by reason of age, in the Florida Healthy 122 Kids program, subject to the following: 123 (a) The family is not eligible for premium assistance 124 payments and must pay the full cost of the combined-risk 125 premium, including any administrative costs. 126 (b) The board of directors of the Florida Healthy Kids 127 Corporation may offer a reduced benefit package to these 128 children in order to limit program costs for such families. 129 Section 3. Paragraph (b) of subsection (2) of section 130 409.908, Florida Statutes, is amended to read: 131 409.908 Reimbursement of Medicaid providers.—Subject to 132 specific appropriations, the agency shall reimburse Medicaid 133 providers, in accordance with state and federal law, according 134 to methodologies set forth in the rules of the agency and in 135 policy manuals and handbooks incorporated by reference therein. 136 These methodologies may include fee schedules, reimbursement 137 methods based on cost reporting, negotiated fees, competitive 138 bidding pursuant to s. 287.057, and other mechanisms the agency 139 considers efficient and effective for purchasing services or 140 goods on behalf of recipients. If a provider is reimbursed based 141 on cost reporting and submits a cost report late and that cost 142 report would have been used to set a lower reimbursement rate 143 for a rate semester, then the provider’s rate for that semester 144 shall be retroactively calculated using the new cost report, and 145 full payment at the recalculated rate shall be effected 146 retroactively. Medicare-granted extensions for filing cost 147 reports, if applicable, shall also apply to Medicaid cost 148 reports. Payment for Medicaid compensable services made on 149 behalf of Medicaid-eligible persons is subject to the 150 availability of moneys and any limitations or directions 151 provided for in the General Appropriations Act or chapter 216. 152 Further, nothing in this section shall be construed to prevent 153 or limit the agency from adjusting fees, reimbursement rates, 154 lengths of stay, number of visits, or number of services, or 155 making any other adjustments necessary to comply with the 156 availability of moneys and any limitations or directions 157 provided for in the General Appropriations Act, provided the 158 adjustment is consistent with legislative intent. 159 (2) 160 (b) Subject to any limitations or directions in the General 161 Appropriations Act, the agency shall establish and implement a 162 state Title XIX Long-Term Care Reimbursement Plan for nursing 163 home care in order to provide care and services in conformance 164 with the applicable state and federal laws, rules, regulations, 165 and quality and safety standards and to ensure that individuals 166 eligible for medical assistance have reasonable geographic 167 access to such care. 168 1. The agency shall amend the long-term care reimbursement 169 plan and cost reporting system to create direct care and 170 indirect care subcomponents of the patient care component of the 171 per diem rate. These two subcomponents together shall equal the 172 patient care component of the per diem rate. Separate prices 173 shall be calculated for each patient care subcomponent, 174 initially based on the September 2016 rate setting cost reports 175 and subsequently based on the most recently audited cost report 176 used during a rebasing year. The direct care subcomponent of the 177 per diem rate for any providers still being reimbursed on a cost 178 basis shall be limited by the cost-based class ceiling, and the 179 indirect care subcomponent may be limited by the lower of the 180 cost-based class ceiling, the target rate class ceiling, or the 181 individual provider target. The ceilings and targets apply only 182 to providers being reimbursed on a cost-based system. Effective 183 October 1, 2018, a prospective payment methodology shall be 184 implemented for rate setting purposes with the following 185 parameters: 186 a. Peer Groups, including: 187 (I) North-SMMC Regions 1-9, less Palm Beach and Okeechobee 188 Counties; and 189 (II) South-SMMC Regions 10-11, plus Palm Beach and 190 Okeechobee Counties. 191 b. Percentage of Median Costs based on the cost reports 192 used for September 2016 rate setting: 193 (I) Direct Care Costs........................100 percent. 194 (II) Indirect Care Costs......................92 percent. 195 (III) Operating Costs.........................86 percent. 196 c. Floors: 197 (I) Direct Care Component.....................95 percent. 198 (II) Indirect Care Component................92.5 percent. 199 (III) Operating Component...........................None. 200 d. Pass-through Payments..................Real Estate and 201 ...............................................Personal Property 202 ...................................Taxes and Property Insurance. 203 e. Quality Incentive Program Payment 204 Pool...................................106percent of September 205 .......................................2016 non-property related 206 ................................payments of included facilities. 207 f. Quality Score Threshold to Quality for Quality Incentive 208 Payment..................20th percentile of included facilities. 209 g. Fair Rental Value System Payment Parameters: 210 (I) Building Value per Square Foot based on 2018 RS Means. 211 (II) Land Valuation...10 percent of Gross Building value. 212 (III) Facility Square Footage......Actual Square Footage. 213 (IV) Moveable Equipment Allowance.........$8,000 per bed. 214 (V) Obsolescence Factor......................1.5 percent. 215 (VI) Fair Rental Rate of Return................8 percent. 216 (VII) Minimum Occupancy.......................90 percent. 217 (VIII) Maximum Facility Age.....................40 years. 218 (IX) Minimum Square Footage per Bed..................350. 219 (X) Maximum Square Footage for Bed...................500. 220 (XI) Minimum Cost of a renovation/replacements$500 per bed. 221 h. Ventilator Supplemental payment of $200 per Medicaid day 222 of 40,000 ventilator Medicaid days per fiscal year. 223 2. The direct care subcomponent shall include salaries and 224 benefits of direct care staff providing nursing services 225 including registered nurses, licensed practical nurses, and 226 certified nursing assistants who deliver care directly to 227 residents in the nursing home facility, allowable therapy costs, 228 and dietary costs. This excludes nursing administration, staff 229 development, the staffing coordinator, and the administrative 230 portion of the minimum data set and care plan coordinators. The 231 direct care subcomponent also includes medically necessary 232 dental care, vision care, hearing care, and podiatric care. 233 3. All other patient care costs shall be included in the 234 indirect care cost subcomponent of the patient care per diem 235 rate, including complex medical equipment, medical supplies, and 236 other allowable ancillary costs. Costs may not be allocated 237 directly or indirectly to the direct care subcomponent from a 238 home office or management company. 239 4. On July 1 of each year, the agency shall report to the 240 Legislature direct and indirect care costs, including average 241 direct and indirect care costs per resident per facility and 242 direct care and indirect care salaries and benefits per category 243 of staff member per facility. 244 5. Every fourth year, the agency shall rebase nursing home 245 prospective payment rates to reflect changes in cost based on 246 the most recently audited cost report for each participating 247 provider. 248 6. A direct care supplemental payment may be made to 249 providers whose direct care hours per patient day are above the 250 80th percentile and who provide Medicaid services to a larger 251 percentage of Medicaid patients than the state average. 252 7. For the period beginning on October 1, 2018, and ending 253 on September 30, 2021, the agency shall reimburse providers the 254 greater of their September 2016 cost-based rate or their 255 prospective payment rate. Effective October 1, 2021, the agency 256 shall reimburse providers the greater of 95 percent of their 257 cost-based rate or their rebased prospective payment rate, using 258 the most recently audited cost report for each facility. This 259 subparagraph shall expire September 30, 2023. 260 8. Pediatric, Florida Department of Veterans Affairs, and 261 government-owned facilities are exempt from the pricing model 262 established in this subsection and shall remain on a cost-based 263 prospective payment system. Effective October 1, 2018, the 264 agency shall set rates for all facilities remaining on a cost 265 based prospective payment system using each facility’s most 266 recently audited cost report, eliminating retroactive 267 settlements. 268 269 It is the intent of the Legislature that the reimbursement plan 270 achieve the goal of providing access to health care for nursing 271 home residents who require large amounts of care while 272 encouraging diversion services as an alternative to nursing home 273 care for residents who can be served within the community. The 274 agency shall base the establishment of any maximum rate of 275 payment, whether overall or component, on the available moneys 276 as provided for in the General Appropriations Act. The agency 277 may base the maximum rate of payment on the results of 278 scientifically valid analysis and conclusions derived from 279 objective statistical data pertinent to the particular maximum 280 rate of payment. The agency shall base the rates of payments in 281 accordance with the minimum wage requirements as provided in the 282 General Appropriations Act. 283 Section 4. Present subsections (6) and (7) of section 284 409.909, Florida Statutes, are redesignated as subsections (7) 285 and (8), respectively, a new subsection (6) is added to that 286 section, and subsection (5) of that section is amended, to read: 287 409.909 Statewide Medicaid Residency Program.— 288 (5) The Graduate Medical Education Startup Bonus Program is 289 established to provide resources for the education and training 290 of physicians in specialties which are in a statewide supply 291 and-demand deficit. Hospitals and qualifying institutions as 292 defined in paragraph (2)(c) eligible for participation in 293 subsection (1) or subsection (6) are eligible to participate in 294 the Graduate Medical Education Startup Bonus Program established 295 under this subsection. Notwithstanding subsection (4) or an 296 FTE’s residency period, and in any state fiscal year in which 297 funds are appropriated for the startup bonus program, the agency 298 shall allocate a $100,000 startup bonus for each newly created 299 resident position that is authorized by the Accreditation 300 Council for Graduate Medical Education or Osteopathic 301 Postdoctoral Training Institution in an initial or established 302 accredited training program that is in a physician specialty in 303 statewide supply-and-demand deficit. In any year in which 304 funding is not sufficient to provide $100,000 for each newly 305 created resident position, funding shall be reduced pro rata 306 across all newly created resident positions in physician 307 specialties in statewide supply-and-demand deficit. 308 (a) Hospitals and qualifying institutions as defined in 309 paragraph (2)(c) applying for a startup bonus must submit to the 310 agency by March 1 their Accreditation Council for Graduate 311 Medical Education or Osteopathic Postdoctoral Training 312 Institution approval validating the new resident positions 313 approved on or after March 2 of the prior fiscal year through 314 March 1 of the current fiscal year for the physician specialties 315 identified in a statewide supply-and-demand deficit as provided 316 in the current fiscal year’s General Appropriations Act. An 317 applicant hospital or qualifying institution as defined in 318 paragraph (2)(c) may validate a change in the number of 319 residents by comparing the number in the prior period 320 Accreditation Council for Graduate Medical Education or 321 Osteopathic Postdoctoral Training Institution approval to the 322 number in the current year. 323 (b) Any unobligated startup bonus funds on April 15 of each 324 fiscal year shall be proportionally allocated to hospitals and 325 to qualifying institutions as defined in paragraph (2)(c) 326 participating under subsection (3) for existing FTE residents in 327 the physician specialties in statewide supply-and-demand 328 deficit. This nonrecurring allocation shall be in addition to 329 the funds allocated in subsection (4). Notwithstanding 330 subsection (4), the allocation under this subsection may not 331 exceed $100,000 per FTE resident. 332 (c) For purposes of this subsection, physician specialties 333 and subspecialties, both adult and pediatric, in statewide 334 supply-and-demand deficit are those identified in the General 335 Appropriations Act. 336 (d) The agency shall distribute all funds authorized under 337 the Graduate Medical Education Startup Bonus Program on or 338 before the final business day of the fourth quarter of a state 339 fiscal year. 340 (6) The Slots for Doctors Program is established to address 341 the physician workforce shortage by increasing the supply of 342 highly trained physicians through the creation of new resident 343 positions, which will increase access to care and improve health 344 outcomes for Medicaid recipients. 345 (a) Notwithstanding subsection (4), the agency shall 346 annually allocate $100,000 to hospitals and qualifying 347 institutions for each newly created resident position that is 348 first filled on or after June 1, 2023, and filled thereafter, 349 and that is accredited by the Accreditation Council for Graduate 350 Medical Education or the Osteopathic Postdoctoral Training 351 Institution in an initial or established accredited training 352 program which is in a physician specialty or subspecialty in a 353 statewide supply-and-demand deficit. 354 (b) This program is designed to generate matching funds 355 under Medicaid and distribute such funds to participating 356 hospitals and qualifying institutions on a quarterly basis in 357 each fiscal year for which an appropriation is made. Resident 358 positions created under this subsection are not eligible for 359 concurrent funding pursuant to subsection (1). 360 (c) For purposes of this subsection, physician specialties 361 and subspecialties, both adult and pediatric, in statewide 362 supply-and-demand deficit are those identified as such in the 363 General Appropriations Act. 364 (d) Funds allocated pursuant to this subsection may not be 365 used for resident positions that have previously received 366 funding pursuant to subsection (1). 367 Section 5. Paragraph (f) of subsection (3) of section 368 409.967, Florida Statutes, is amended to read: 369 409.967 Managed care plan accountability.— 370 (3) ACHIEVED SAVINGS REBATE.— 371 (f) Achieved savings rebates validated by the certified 372 public accountant are due within 30 days after the report is 373 submitted. Except as provided in paragraph (h), the achieved 374 savings rebate is established by determining pretax income as a 375 percentage of revenues and applying the following income sharing 376 ratios: 377 1. One hundred percent of income up to and including 5 378 percent of revenue shall be retained by the plan. 379 2. Fifty percent of income above 5 percent and up to 10 380 percent shall be retained by the plan, and the other 50 percent 381 shall be refunded to the state and adjusted for the Federal 382 Medical Assistance Percentages. The state share shall be 383 transferred to the General Revenue Fund, unallocated, and the 384 federal share shall be transferred to the Medical Care Trust 385 Fund, unallocated. 386 3. One hundred percent of income above 10 percent of 387 revenue shall be refunded to the state and adjusted for the 388 Federal Medical Assistance Percentages. The state share shall be 389 transferred to the General Revenue Fund, unallocated, and the 390 federal share shall be transferred to the Medical Care Trust 391 Fund, unallocated. 392 Section 6. Effective upon becoming a law, section 409.9855, 393 Florida Statutes, is created to read: 394 409.9855 Pilot program for individuals with developmental 395 disabilities.— 396 (1) PILOT PROGRAM IMPLEMENTATION.— 397 (a) Using a managed care model, the agency shall implement 398 a pilot program for individuals with developmental disabilities 399 in Statewide Medicaid Managed Care Regions D and I to provide 400 coverage of comprehensive services. 401 (b) The agency may seek federal approval through a state 402 plan amendment or Medicaid waiver as necessary to implement the 403 pilot program. The agency shall submit a request for any federal 404 approval needed to implement the pilot program by September 1, 405 2023. 406 (c) Pursuant to s. 409.963, the agency shall administer the 407 pilot program in consultation with the Agency for Persons with 408 Disabilities. 409 (d) The agency shall make capitated payments to managed 410 care organizations for comprehensive coverage, including 411 community-based services described in s. 393.066(3) and approved 412 through the state’s home and community-based services Medicaid 413 waiver program for individuals with developmental disabilities. 414 Unless otherwise specified, ss. 409.961-409.969 apply to the 415 pilot program. 416 (e) The agency shall evaluate the feasibility of statewide 417 implementation of the capitated managed care model used by the 418 pilot program to serve individuals with developmental 419 disabilities. 420 (2) ELIGIBILITY; VOLUNTARY ENROLLMENT; DISENROLLMENT.— 421 (a) Participation in the pilot program is voluntary and 422 limited to the maximum number of enrollees specified in the 423 General Appropriations Act. 424 (b) The Agency for Persons with Disabilities shall approve 425 a needs assessment methodology to determine functional, 426 behavioral, and physical needs of prospective enrollees. The 427 assessment methodology may be administered by persons who have 428 completed such training as may be offered by the agency. 429 Eligibility to participate in the pilot program is determined 430 based on all of the following criteria: 431 1. Whether the individual is eligible for Medicaid. 432 2. Whether the individual is 18 years of age or older and 433 is on the waiting list for individual budget waiver services 434 under chapter 393 and assigned to one of categories 1 through 6 435 as specified in s. 393.065(5). 436 3. Whether the individual resides in a pilot program 437 region. 438 (c) The agency shall enroll individuals in the pilot 439 program based on verification that the individual has met the 440 criteria in paragraph (b). 441 (d) Notwithstanding any provisions of s. 393.065 to the 442 contrary, an enrollee must be afforded an opportunity to enroll 443 in any appropriate existing Medicaid waiver program if any of 444 the following conditions occur: 445 1. At any point during the operation of the pilot program, 446 an enrollee declares an intent to voluntarily disenroll, 447 provided that he or she has been covered for the entire previous 448 plan year by the pilot program. 449 2. The agency determines the enrollee has a good cause 450 reason to disenroll. 451 3. The pilot program ceases to operate. 452 453 Such enrollees must receive an individualized transition plan to 454 assist him or her in accessing sufficient services and supports 455 for the enrollee’s safety, well-being, and continuity of care. 456 (3) PILOT PROGRAM BENEFITS.— 457 (a) Plans participating in the pilot program must, at a 458 minimum, cover the following: 459 1. All benefits included in s. 409.973. 460 2. All benefits included in s. 409.98. 461 3. All benefits included in s. 393.066(3), and all of the 462 following: 463 a. Adult day training. 464 b. Behavior analysis services. 465 c. Behavior assistant services. 466 d. Companion services. 467 e. Consumable medical supplies. 468 f. Dietitian services. 469 g. Durable medical equipment and supplies. 470 h. Environmental accessibility adaptations. 471 i. Occupational therapy. 472 j. Personal emergency response systems. 473 k. Personal supports. 474 l. Physical therapy. 475 m. Prevocational services. 476 n. Private duty nursing. 477 o. Residential habilitation, including the following 478 levels: 479 (I) Standard level. 480 (II) Behavior-focused level. 481 (III) Intensive-behavior level. 482 (IV) Enhanced intensive-behavior level. 483 p. Residential nursing services. 484 q. Respiratory therapy. 485 r. Respite care. 486 s. Skilled nursing. 487 t. Specialized medical home care. 488 u. Specialized mental health counseling. 489 v. Speech therapy. 490 w. Support coordination. 491 x. Supported employment. 492 y. Supported living coaching. 493 z. Transportation. 494 (b) All providers of the services listed under paragraph 495 (a) must meet the provider qualifications outlined in the 496 Florida Medicaid Developmental Disabilities Individual Budgeting 497 Waiver Services Coverage and Limitations Handbook as adopted by 498 reference in rule 59G-13.070, Florida Administrative Code. 499 (c) Support coordination services must maximize the use of 500 natural supports and community partnerships. 501 (d) The plans participating in the pilot program must 502 provide all categories of benefits through a single, integrated 503 model of care. 504 (e) Services must be provided to enrollees in accordance 505 with an individualized care plan which is evaluated and updated 506 at least quarterly and as warranted by changes in an enrollee’s 507 circumstances. 508 (4) ELIGIBLE PLANS; PLAN SELECTION.— 509 (a) To be eligible to participate in the pilot program, a 510 plan must have been awarded a contract to provide long-term care 511 services pursuant to s. 409.981 as a result of an invitation to 512 negotiate. 513 (b) The agency shall select, as provided in s. 287.057(1), 514 one plan to participate in the pilot program for each of the two 515 regions. The director of the Agency for Persons with 516 Disabilities or his or her designee must be a member of the 517 negotiating team. 518 1. The invitation to negotiate must specify the criteria 519 and the relative weight assigned to each criterion that will be 520 used for determining the acceptability of submitted responses 521 and guiding the selection of the plans with which the agency and 522 the Agency for Persons with Disabilities negotiate. In addition 523 to any other criteria established by the agency, in consultation 524 with the Agency for Persons with Disabilities, the agency shall 525 consider the following factors in the selection of eligible 526 plans: 527 a. Experience serving similar populations, including the 528 plan’s record in achieving specific quality standards with 529 similar populations. 530 b. Establishment of community partnerships with providers 531 which create opportunities for reinvestment in community-based 532 services. 533 c. Provision of additional benefits, particularly 534 behavioral health services, the coordination of dental care, and 535 other initiatives that improve overall well-being. 536 d. Provision of and capacity to provide mental health 537 therapies and analysis designed to meet the needs of individuals 538 with developmental disabilities. 539 e. Evidence that an eligible plan has written agreements or 540 signed contracts or has made substantial progress in 541 establishing relationships with providers before submitting its 542 response. 543 f. Experience in the provision of person-centered planning 544 as described in 42 C.F.R. s. 441.301(c)(1). 545 g. Experience in robust provider development programs that 546 result in increased availability of Medicaid providers to serve 547 the developmental disabilities community. 548 2. After negotiations are conducted, the agency shall 549 select the eligible plans that are determined to be responsive 550 and provide the best value to the state. Preference must be 551 given to plans that: 552 a. Have signed contracts in sufficient numbers to meet the 553 specific standards established under s. 409.967(2)(c), including 554 contracts for personal supports, skilled nursing, residential 555 habilitation, adult day training, mental health services, 556 respite care, companion services, and supported employment, as 557 those services are defined in the Florida Medicaid Developmental 558 Disabilities Individual Budgeting Waiver Services Coverage and 559 Limitations Handbook as adopted by reference in rule 59G-13.070, 560 Florida Administrative Code. 561 b. Have well-defined programs for recognizing patient 562 centered medical homes and providing increased compensation to 563 recognized medical homes, as defined by the plan. 564 c. Have well-defined programs related to person-centered 565 planning as described in 42 C.F.R. s. 441.301(c)(1). 566 d. Have robust and innovative programs for provider 567 development and collaboration with the Agency for Persons with 568 Disabilities. 569 (5) PAYMENT.— 570 (a) The selected plans must receive a per-member, per-month 571 payment based on a rate developed specifically for the unique 572 needs of the developmentally disabled population. 573 (b) The agency must ensure that the rate for the integrated 574 system is actuarially sound. 575 (c) The revenues and expenditures of the selected plan 576 which are associated with the implementation of the pilot 577 program must be included in the reporting and regulatory 578 requirements established in s. 409.967(3). 579 (6) PROGRAM IMPLEMENTATION AND EVALUATION.— 580 (a) The agency shall select participating plans and begin 581 enrollment no later than January 31, 2024, with coverage for 582 enrollees becoming effective upon authorization and availability 583 of sufficient state and federal resources. 584 (b) Upon implementation of the program, the agency, in 585 consultation with the Agency for Persons with Disabilities, 586 shall conduct audits of the selected plans’ implementation of 587 person-centered planning. 588 (c) The agency, in consultation with the Agency for Persons 589 with Disabilities, shall submit progress reports to the 590 Governor, the President of the Senate, and the Speaker of the 591 House of Representatives upon the federal approval, 592 implementation, and operation of the pilot program, as follows: 593 1. By December 31, 2023, a status report on progress made 594 toward federal approval of the waiver or waiver amendment needed 595 to implement the pilot program. 596 2. By December 31, 2024, a status report on implementation 597 of the pilot program. 598 3. By December 31, 2025, and annually thereafter, a status 599 report on the operation of the pilot program, including, but not 600 limited to, all of the following: 601 a. Program enrollment, including the number and 602 demographics of enrollees. 603 b. Any complaints received. 604 c. Access to approved services. 605 (d) The agency, in consultation with the Agency for Persons 606 with Disabilities, shall establish specific measures of access, 607 quality, and costs of the pilot program. The agency may contract 608 with an independent evaluator to conduct such evaluation. The 609 evaluation must include assessments of cost savings; consumer 610 education, choice, and access to services; plans for future 611 capacity and the enrollment of new Medicaid providers; 612 coordination of care; person-centered planning and person 613 centered well-being outcomes; health and quality-of-life 614 outcomes; and quality of care by each eligibility category and 615 managed care plan in each pilot program site. The evaluation 616 must describe any administrative or legal barriers to the 617 implementation and operation of the pilot program in each 618 region. 619 1. The agency, in consultation with the Agency for Persons 620 with Disabilities, shall conduct quality assurance monitoring of 621 the pilot program to include client satisfaction with services, 622 client health and safety outcomes, client well-being outcomes, 623 and service delivery in accordance with the client’s care plan. 624 2. The agency shall submit the results of the evaluation to 625 the Governor, the President of the Senate, and the Speaker of 626 the House of Representatives by October 1, 2029. 627 (7) MANAGED CARE PLAN ACCOUNTABILITY.—Plans participating 628 in the pilot program must consult with the Agency for Persons 629 with Disabilities for the express purpose of ensuring adequate 630 provider capacity before placing an enrollee of the pilot 631 program in a group home licensed by the Agency for Persons with 632 Disabilities. 633 Section 7. The Agency for Health Care Administration shall 634 distinguish private duty nursing services and attendant nursing 635 care services from skilled home health services in its Medicaid 636 provider enrollment process. As of October 1, 2021, the agency 637 may not require a home health agency that does not provide 638 Medicaid-skilled home health services and provides only 639 attendant nursing care services or private duty nursing 640 services, or both, to meet the requirements of Medicare 641 certification or its accreditation equivalents for participation 642 in the Medicaid program. 643 Section 8. Except as otherwise expressly provided in this 644 act and except for this section, which shall take effect upon 645 this act becoming a law, this act shall take effect July 1, 646 2023.