Florida Senate - 2009                      CS for CS for SB 2422
       
       
       
       By the Committees on Children, Families, and Elder Affairs; and
       Health Regulation; and Senator Storms
       
       
       
       586-04467-09                                          20092422c2
    1                        A bill to be entitled                      
    2         An act relating to Medicaid; amending s. 409.91195,
    3         F.S.; revising the membership of the Medicaid
    4         Pharmaceutical and Therapeutics Committee within the
    5         Agency for Health Care Administration to include a
    6         member who is enrolled in the Medicaid program;
    7         amending s. 409.912, F.S.; requiring that funds repaid
    8         to the agency by managed care plans that spend less
    9         than a certain percentage of the capitation rate for
   10         behavioral health services be deposited into the
   11         Medical Care Trust Fund; providing that such
   12         repayments be allocated to community behavioral health
   13         providers and used for Medicaid behavioral and case
   14         management services; amending s. 409.9122, F.S.;
   15         revising the criteria for good-cause disenrollment in
   16         a managed care plan or Medipass; providing an
   17         effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (1) of section 409.91195, Florida
   22  Statutes, is amended to read:
   23         409.91195 Medicaid Pharmaceutical and Therapeutics
   24  Committee.—There is created a Medicaid Pharmaceutical and
   25  Therapeutics Committee within the agency for the purpose of
   26  developing a Medicaid preferred drug list.
   27         (1) The committee shall be composed of 11 members appointed
   28  by the Governor. Four members shall be physicians, licensed
   29  under chapter 458; one member licensed under chapter 459; five
   30  members shall be pharmacists licensed under chapter 465; and one
   31  member shall be a consumer representative who is enrolled in the
   32  Medicaid program. The members shall be appointed to serve for
   33  terms of 2 years from the date of their appointment. Members may
   34  be appointed to more than one term. The agency shall serve as
   35  staff for the committee and assist them with all ministerial
   36  duties. The Governor shall ensure that at least some of the
   37  members of the committee represent Medicaid participating
   38  physicians and pharmacies serving all segments and diversity of
   39  the Medicaid population, and have experience in either
   40  developing or practicing under a preferred drug list. At least
   41  one of the members shall represent the interests of
   42  pharmaceutical manufacturers.
   43         Section 2. Paragraph (b) of subsection (4) of section
   44  409.912, Florida Statutes, is amended to read:
   45         409.912 Cost-effective purchasing of health care.—The
   46  agency shall purchase goods and services for Medicaid recipients
   47  in the most cost-effective manner consistent with the delivery
   48  of quality medical care. To ensure that medical services are
   49  effectively utilized, the agency may, in any case, require a
   50  confirmation or second physician’s opinion of the correct
   51  diagnosis for purposes of authorizing future services under the
   52  Medicaid program. This section does not restrict access to
   53  emergency services or poststabilization care services as defined
   54  in 42 C.F.R. part 438.114. Such confirmation or second opinion
   55  shall be rendered in a manner approved by the agency. The agency
   56  shall maximize the use of prepaid per capita and prepaid
   57  aggregate fixed-sum basis services when appropriate and other
   58  alternative service delivery and reimbursement methodologies,
   59  including competitive bidding pursuant to s. 287.057, designed
   60  to facilitate the cost-effective purchase of a case-managed
   61  continuum of care. The agency shall also require providers to
   62  minimize the exposure of recipients to the need for acute
   63  inpatient, custodial, and other institutional care and the
   64  inappropriate or unnecessary use of high-cost services. The
   65  agency shall contract with a vendor to monitor and evaluate the
   66  clinical practice patterns of providers in order to identify
   67  trends that are outside the normal practice patterns of a
   68  provider’s professional peers or the national guidelines of a
   69  provider’s professional association. The vendor must be able to
   70  provide information and counseling to a provider whose practice
   71  patterns are outside the norms, in consultation with the agency,
   72  to improve patient care and reduce inappropriate utilization.
   73  The agency may mandate prior authorization, drug therapy
   74  management, or disease management participation for certain
   75  populations of Medicaid beneficiaries, certain drug classes, or
   76  particular drugs to prevent fraud, abuse, overuse, and possible
   77  dangerous drug interactions. The Pharmaceutical and Therapeutics
   78  Committee shall make recommendations to the agency on drugs for
   79  which prior authorization is required. The agency shall inform
   80  the Pharmaceutical and Therapeutics Committee of its decisions
   81  regarding drugs subject to prior authorization. The agency is
   82  authorized to limit the entities it contracts with or enrolls as
   83  Medicaid providers by developing a provider network through
   84  provider credentialing. The agency may competitively bid single
   85  source-provider contracts if procurement of goods or services
   86  results in demonstrated cost savings to the state without
   87  limiting access to care. The agency may limit its network based
   88  on the assessment of beneficiary access to care, provider
   89  availability, provider quality standards, time and distance
   90  standards for access to care, the cultural competence of the
   91  provider network, demographic characteristics of Medicaid
   92  beneficiaries, practice and provider-to-beneficiary standards,
   93  appointment wait times, beneficiary use of services, provider
   94  turnover, provider profiling, provider licensure history,
   95  previous program integrity investigations and findings, peer
   96  review, provider Medicaid policy and billing compliance records,
   97  clinical and medical record audits, and other factors. Providers
   98  shall not be entitled to enrollment in the Medicaid provider
   99  network. The agency shall determine instances in which allowing
  100  Medicaid beneficiaries to purchase durable medical equipment and
  101  other goods is less expensive to the Medicaid program than long
  102  term rental of the equipment or goods. The agency may establish
  103  rules to facilitate purchases in lieu of long-term rentals in
  104  order to protect against fraud and abuse in the Medicaid program
  105  as defined in s. 409.913. The agency may seek federal waivers
  106  necessary to administer these policies.
  107         (4) The agency may contract with:
  108         (b) An entity that is providing comprehensive behavioral
  109  health care services to certain Medicaid recipients through a
  110  capitated, prepaid arrangement pursuant to the federal waiver
  111  authorized in provided for by s. 409.905(5). Such an entity must
  112  be licensed under chapter 624, chapter 636, or chapter 641 and
  113  must possess the clinical systems and operational competence to
  114  manage risk and provide comprehensive behavioral health care to
  115  Medicaid recipients. As used in this paragraph, the term
  116  “comprehensive behavioral health care services” means covered
  117  mental health and substance abuse treatment services that are
  118  available to Medicaid recipients. The secretary of the
  119  Department of Children and Family Services must shall approve
  120  provisions of procurements related to children in the
  121  department’s care or custody before prior to enrolling such
  122  children in a prepaid behavioral health plan. Any contract
  123  awarded under this paragraph must be competitively procured. In
  124  developing the behavioral health care prepaid plan procurement
  125  document, the agency shall ensure that the procurement document
  126  requires the contractor to develop and implement a plan to
  127  ensure compliance with s. 394.4574 related to services provided
  128  to residents of licensed assisted living facilities that hold a
  129  limited mental health license. Except as provided in
  130  subparagraph 8., and except in counties where the Medicaid
  131  managed care pilot program is authorized pursuant to s.
  132  409.91211, the agency shall seek federal approval to contract
  133  with a single entity meeting these requirements to provide
  134  comprehensive behavioral health care services to all Medicaid
  135  recipients not enrolled in a Medicaid managed care plan
  136  authorized under s. 409.91211 or a Medicaid health maintenance
  137  organization in an AHCA area. In an AHCA area where the Medicaid
  138  managed care pilot program is authorized pursuant to s.
  139  409.91211 in one or more counties, the agency may procure a
  140  contract with a single entity to serve the remaining counties as
  141  an AHCA area or the remaining counties may be included with an
  142  adjacent AHCA area and are shall be subject to this paragraph.
  143  Each entity must offer a sufficient choice of providers in its
  144  network to ensure recipient access to care and the opportunity
  145  to select a provider with whom they are satisfied. The network
  146  shall include all public mental health hospitals. To ensure
  147  unimpaired access to behavioral health care services by Medicaid
  148  recipients, all contracts issued pursuant to this paragraph
  149  shall require 80 percent of the capitation paid to the managed
  150  care plan, including health maintenance organizations, to be
  151  expended for the provision of behavioral health care services.
  152  In the event the managed care plan expends less than 80 percent
  153  of the capitation paid pursuant to this paragraph for the
  154  provision of behavioral health care services, the difference
  155  shall be returned to the agency. The agency shall provide the
  156  managed care plan with a certification letter indicating the
  157  amount of capitation paid during each calendar year for the
  158  provision of behavioral health care services pursuant to this
  159  section. The agency may reimburse for substance abuse treatment
  160  services on a fee-for-service basis until the agency finds that
  161  adequate funds are available for capitated, prepaid
  162  arrangements.
  163         1. By January 1, 2001, the agency shall modify the
  164  contracts with the entities providing comprehensive inpatient
  165  and outpatient mental health care services to Medicaid
  166  recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk
  167  Counties, to include substance abuse treatment services.
  168         2. By July 1, 2003, the agency and the department of
  169  Children and Family Services shall execute a written agreement
  170  that requires collaboration and joint development of all policy,
  171  budgets, procurement documents, contracts, and monitoring plans
  172  that have an impact on the state and Medicaid community mental
  173  health and targeted case management programs.
  174         3. Except as provided in subparagraph 8., by July 1, 2006,
  175  the agency and the department of Children and Family Services
  176  shall contract with managed care entities in each AHCA area
  177  except area 6 or arrange to provide comprehensive inpatient and
  178  outpatient mental health and substance abuse services through
  179  capitated prepaid arrangements to all Medicaid recipients who
  180  are eligible to participate in such plans under federal law and
  181  regulation. In AHCA areas where eligible individuals number less
  182  than 150,000, the agency shall contract with a single managed
  183  care plan to provide comprehensive behavioral health services to
  184  all recipients who are not enrolled in a Medicaid health
  185  maintenance organization or a Medicaid capitated managed care
  186  plan authorized under s. 409.91211. The agency may contract with
  187  more than one comprehensive behavioral health provider to
  188  provide care to recipients who are not enrolled in a Medicaid
  189  capitated managed care plan authorized under s. 409.91211 or a
  190  Medicaid health maintenance organization in AHCA areas where the
  191  eligible population exceeds 150,000. In an AHCA area where the
  192  Medicaid managed care pilot program is authorized pursuant to s.
  193  409.91211 in one or more counties, the agency may procure a
  194  contract with a single entity to serve the remaining counties as
  195  an AHCA area or the remaining counties may be included with an
  196  adjacent AHCA area and are shall be subject to this paragraph.
  197  Contracts for comprehensive behavioral health providers awarded
  198  pursuant to this section must shall be competitively procured.
  199  Both for-profit and not-for-profit corporations are shall be
  200  eligible to compete. Managed care plans contracting with the
  201  agency under subsection (3) shall provide and receive payment
  202  for the same comprehensive behavioral health benefits as
  203  provided in AHCA rules, including handbooks incorporated by
  204  reference. In AHCA area 11, the agency shall contract with at
  205  least two comprehensive behavioral health care providers to
  206  provide behavioral health care to recipients in that area who
  207  are enrolled in, or assigned to, the MediPass program. One of
  208  the behavioral health care contracts must shall be with the
  209  existing provider service network pilot project, as described in
  210  paragraph (d), for the purpose of demonstrating the cost
  211  effectiveness of the provision of quality mental health services
  212  through a public hospital-operated managed care model. Payment
  213  shall be at an agreed-upon capitated rate to ensure cost
  214  savings. Of the recipients in area 11 who are assigned to
  215  MediPass under the provisions of s. 409.9122(2)(k), a minimum of
  216  50,000 of those MediPass-enrolled recipients shall be assigned
  217  to the existing provider service network in area 11 for their
  218  behavioral care.
  219         4. By October 1, 2003, the agency and the department shall
  220  submit a plan to the Governor, the President of the Senate, and
  221  the Speaker of the House of Representatives which provides for
  222  the full implementation of capitated prepaid behavioral health
  223  care in all areas of the state.
  224         a. Implementation shall begin in 2003 in those AHCA areas
  225  of the state where the agency is able to establish sufficient
  226  capitation rates.
  227         b. If the agency determines that the proposed capitation
  228  rate in any area is insufficient to provide appropriate
  229  services, the agency may adjust the capitation rate to ensure
  230  that care is will be available. The agency and the department
  231  may use existing general revenue to address any additional
  232  required match but may not over-obligate existing funds on an
  233  annualized basis.
  234         c. Subject to any limitations provided for in the General
  235  Appropriations Act, the agency, in compliance with appropriate
  236  federal authorization, shall develop policies and procedures
  237  that allow for certification of local and state funds.
  238         5. Children residing in a statewide inpatient psychiatric
  239  program, or in a Department of Juvenile Justice or a Department
  240  of Children and Family Services residential program approved as
  241  a Medicaid behavioral health overlay services provider may shall
  242  not be included in a behavioral health care prepaid health plan
  243  or any other Medicaid managed care plan pursuant to this
  244  paragraph.
  245         6. In converting to a prepaid system of delivery, the
  246  agency shall in its procurement document require an entity
  247  providing only comprehensive behavioral health care services to
  248  prevent the displacement of indigent care patients by enrollees
  249  in the Medicaid prepaid health plan providing behavioral health
  250  care services from facilities receiving state funding to provide
  251  indigent behavioral health care, to facilities licensed under
  252  chapter 395 which do not receive state funding for indigent
  253  behavioral health care, or reimburse the unsubsidized facility
  254  for the cost of behavioral health care provided to the displaced
  255  indigent care patient.
  256         7. Traditional community mental health providers under
  257  contract with the department of Children and Family Services
  258  pursuant to part IV of chapter 394, child welfare providers
  259  under contract with the department of Children and Family
  260  Services in areas 1 and 6, and inpatient mental health providers
  261  licensed pursuant to chapter 395 must be offered an opportunity
  262  to accept or decline a contract to participate in any provider
  263  network for prepaid behavioral health services.
  264         8. All Medicaid-eligible children, except children in area
  265  1 and children in Highlands County, Hardee County, Polk County,
  266  or Manatee County of area 6, who are open for child welfare
  267  services in the HomeSafeNet system, shall receive their
  268  behavioral health care services through a specialty prepaid plan
  269  operated by community-based lead agencies either through a
  270  single agency or formal agreements among several agencies. The
  271  specialty prepaid plan must result in savings to the state
  272  comparable to savings achieved in other Medicaid managed care
  273  and prepaid programs. Such plan must provide mechanisms to
  274  maximize state and local revenues. The specialty prepaid plan
  275  shall be developed by the agency and the department of Children
  276  and Family Services. The agency may is authorized to seek any
  277  federal waivers to implement this initiative. Medicaid-eligible
  278  children whose cases are open for child welfare services in the
  279  HomeSafeNet system and who reside in AHCA area 10 are exempt
  280  from the specialty prepaid plan upon the development of a
  281  service delivery mechanism for children who reside in area 10 as
  282  specified in s. 409.91211(3)(dd).
  283         9.To ensure unimpaired access to behavioral health care
  284  services by Medicaid recipients, all contracts issued pursuant
  285  to this paragraph must require that 80 percent of the capitation
  286  paid to the managed care plan, including health maintenance
  287  organizations, be expended for the provision of behavioral
  288  health care services. If the plan expends less than 80 percent,
  289  the difference must be returned to the agency and deposited into
  290  the Medical Care Trust Fund. The agency shall maintain a
  291  separate accounting of repayments deposited into the trust fund.
  292  Repayments, minus federal matching funds that must be returned
  293  to the Federal Government, shall be allocated to community
  294  behavioral health providers enrolled in the networks of the
  295  managed care plans that made the repayments. Funds shall be
  296  allocated in proportion to each community behavioral health
  297  agency’s earnings from the managed care plan making the
  298  repayment. Providers shall use the funds for any Medicaid
  299  allowable type of community behavioral health and case
  300  management service. Community behavioral health agencies shall
  301  be reimbursed by the agency on a fee-for-service basis for
  302  allowable services up to their redistribution amount as
  303  determined by the agency. Reinvestment amounts must be
  304  calculated on an annual basis, within 60 days after managed care
  305  plans file their annual 80 percent spending reports. The agency
  306  shall provide the managed care plan with a certification letter
  307  indicating the amount of capitation paid during each calendar
  308  year for the provision of behavioral health care services
  309  pursuant to this section.
  310         Section 3. Paragraph (i) of subsection (2) of section
  311  409.9122, Florida Statutes, is amended to read:
  312         409.9122 Mandatory Medicaid managed care enrollment;
  313  programs and procedures.—
  314         (2)
  315         (i) After a recipient has made his or her selection or has
  316  been enrolled in a managed care plan or MediPass, the recipient
  317  shall have 90 days to exercise the opportunity to voluntarily
  318  disenroll and select another managed care plan or MediPass.
  319  After 90 days, no further changes may be made except for good
  320  cause. Good cause includes, but is not limited to, poor quality
  321  of care, lack of access to necessary specialty services, an
  322  unreasonable delay or denial of service, or fraudulent
  323  enrollment, or severe and persistent mental illness. The agency
  324  shall develop criteria for good cause disenrollment for
  325  chronically ill and disabled populations who are assigned to
  326  managed care plans if more appropriate care is available through
  327  the MediPass program. The agency must make a determination as to
  328  whether cause exists. However, the agency may require a
  329  recipient to use the managed care plan’s or MediPass grievance
  330  process prior to the agency’s determination of cause, except in
  331  cases in which immediate risk of permanent damage to the
  332  recipient’s health is alleged. The grievance process, when
  333  utilized, must be completed in time to permit the recipient to
  334  disenroll by the first day of the second month after the month
  335  the disenrollment request was made. If the managed care plan or
  336  MediPass, as a result of the grievance process, approves an
  337  enrollee’s request to disenroll, the agency is not required to
  338  make a determination in the case. The agency must make a
  339  determination and take final action on a recipient’s request so
  340  that disenrollment occurs no later than the first day of the
  341  second month after the month the request was made. If the agency
  342  fails to act within the specified timeframe, the recipient’s
  343  request to disenroll is deemed to be approved as of the date
  344  agency action was required. Recipients who disagree with the
  345  agency’s finding that cause does not exist for disenrollment
  346  shall be advised of their right to pursue a Medicaid fair
  347  hearing to dispute the agency’s finding.
  348         Section 4. This act shall take effect upon becoming a law.