Florida Senate - 2015                                     SB 350
       
       
        
       By Senator Flores
       
       
       
       
       
       37-00487-15                                            2015350__
    1                        A bill to be entitled                      
    2         An act relating to the statewide prepaid dental
    3         program for Medicaid-eligible children; creating s.
    4         409.91205, F.S.; providing legislative findings and
    5         intent; establishing the statewide prepaid dental
    6         program for Medicaid-eligible children; requiring the
    7         Agency for Health Care Administration to contract with
    8         prepaid dental health plans meeting specified
    9         criteria; requiring the agency to apply for and
   10         implement state plan amendments or waivers of
   11         applicable federal laws and regulations necessary to
   12         implement the program; requiring the agency to issue a
   13         competitive procurement to licensed prepaid dental
   14         health plans to implement the program; requiring the
   15         agency to include all counties in the procurement;
   16         providing that enrollment in the program shall begin
   17         by a specified date, but not until necessary state
   18         plan amendments or waivers of applicable federal laws
   19         and regulations are implemented; providing that a
   20         Medicaid-eligible child shall receive dental services
   21         through the Medicaid managed medical assistance
   22         program during a specified period; requiring the
   23         agency to provide any required notice to Medicaid
   24         recipients regarding the transition to the program;
   25         providing that the agency may assess the costs
   26         incurred in providing the notice to prepaid dental
   27         health plans participating in the program; requiring
   28         participating plans to submit encounter data and to
   29         comply with a specified medical loss ratio; requiring
   30         the agency to submit an annual report to the Governor
   31         and Legislature; specifying the contents of the
   32         report; amending s. 409.973, F.S.; deleting the
   33         requirement that managed care plans participating in
   34         the Medicaid managed medical assistance program
   35         provide children’s dental services; providing an
   36         effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Section 409.91205, Florida Statutes, is created
   41  to read:
   42         409.91205 Statewide prepaid dental program for Medicaid
   43  eligible children.—
   44         (1) The Legislature finds that an overriding concern in the
   45  design and delivery of Medicaid dental services is ensuring the
   46  dental health of children. Due to the unique challenges that
   47  exist in the delivery of Medicaid dental services and
   48  considering the historical shortcomings of access to such
   49  services in this state, special attention must be given to the
   50  issues of children’s access to dental services and provider
   51  network sustainability. Therefore, it is the intent of the
   52  Legislature that the agency establish a high-quality, prepaid
   53  dental program for Medicaid-eligible children on a statewide
   54  basis, separate from the Medicaid managed medical assistance
   55  program described in part IV. The agency shall ensure a seamless
   56  transition of responsibility from the Medicaid managed medical
   57  assistance program to the new program so that continuous access
   58  to dental services is provided.
   59         (2) Notwithstanding part IV, the agency shall establish the
   60  statewide prepaid dental program for Medicaid-eligible children
   61  by contracting on a prepaid or fixed-sum basis with at least two
   62  appropriately licensed prepaid dental health plans to provide
   63  dental services. Such plans must demonstrate extensive
   64  experience in administering dental benefits for children
   65  enrolled in Medicaid and in developing and maintaining statewide
   66  dental and specialty dental provider networks for Medicaid
   67  programs.
   68         (a) The agency shall apply for and implement state plan
   69  amendments or waivers of applicable federal laws and regulations
   70  necessary to implement the program.
   71         (b) The agency shall issue a competitive procurement to
   72  licensed prepaid dental health plans to implement the program.
   73  The agency shall include all counties in the competitive
   74  procurement.
   75         (c) Enrollment in the program may not begin until the
   76  necessary state plan amendments or waivers of applicable federal
   77  laws and regulations are implemented; however, the Legislature
   78  intends that enrollment begin no later than September 1, 2016.
   79         (d) Between the date this act takes effect and the
   80  implementation of the program, each Medicaid-eligible child
   81  shall receive dental services as provided in part IV until he or
   82  she is eligible to enroll in the program.
   83         (e) Before enrollment begins for the program, the agency
   84  shall provide any required notice to Medicaid recipients
   85  regarding the transition. The agency may assess the costs
   86  incurred in providing such notice to the participating plans.
   87         (f) The agency’s contract with each participating plan
   88  shall require the plan to submit encounter data as described in
   89  s. 409.967(2)(d) and to comply with a medical loss ratio of 85
   90  percent. The medical loss ratio calculation must use uniform
   91  financial data collected from all plans, must be computed for
   92  each plan on a statewide basis, and must require that
   93  expenditures be classified in a manner consistent with 45 C.F.R.
   94  part 158.
   95         (3) The agency shall submit a report by January 15 of each
   96  year to the Governor, the President of the Senate, and the
   97  Speaker of the House of Representatives on the operation of the
   98  statewide prepaid dental program. The report must compare the
   99  combined annual benefits utilization and encounter data reported
  100  by all participating plans with the agency’s projected and
  101  budgeted annual program costs; must evaluate the extent to which
  102  each participating plan is complying with the contract terms and
  103  conditions; must address the effect that each participating
  104  plan’s operation is having on access to dental services for
  105  Medicaid-eligible children in the plan’s service area; and must
  106  address the statistical trends associated with indicators of
  107  good oral health for the children served, as compared to the
  108  general population of the state.
  109         Section 2. Paragraph (e) of subsection (1) of section
  110  409.973, Florida Statutes, is amended to read:
  111         409.973 Benefits.—
  112         (1) MINIMUM BENEFITS.—Managed care plans shall cover, at a
  113  minimum, the following services:
  114         (e) Adult dental services as described in s. 409.906(1).
  115         Section 3. This act shall take effect upon becoming a law.