CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2087

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Health & Human Services Appropriations

12  offered the following:

13

14         Amendment 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

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19         Section 1.  Paragraph (b) of subsection (3) of section

20  409.912 is amended to read:

21         409.912  Cost-effective purchasing of health care.--The

22  agency shall purchase goods and services for Medicaid

23  recipients in the most cost-effective manner consistent with

24  the delivery of quality medical care.  The agency shall

25  maximize the use of prepaid per capita and prepaid aggregate

26  fixed-sum basis services when appropriate and other

27  alternative service delivery and reimbursement methodologies,

28  including competitive bidding pursuant to s. 287.057, designed

29  to facilitate the cost-effective purchase of a case-managed

30  continuum of care. The agency shall also require providers to

31  minimize the exposure of recipients to the need for acute

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2087

    Amendment No. 1 (for drafter's use only)





 1  inpatient, custodial, and other institutional care and the

 2  inappropriate or unnecessary use of high-cost services.

 3         (3)  The agency may contract with:

 4         (b)  An entity that is providing comprehensive

 5  inpatient and outpatient behavioral mental health care

 6  services plan licensed under chapter 624, chapter 636, or

 7  chapter 641. Unless otherwise authorized by law, the agency

 8  shall limit such contract to services provided to certain

 9  Medicaid recipients in Hillsborough, Highlands, Hardee,

10  Manatee, and Polk, Escambia, Santa Rosa, Okaloosa, Walton,

11  Baker, Nassau, Duval, Clay, St. Johns, and Dade Counties,

12  through a capitated, prepaid arrangement pursuant to the

13  federal waiver provided for by s. 409.905(5). Such an entity

14  must become licensed under chapter 624, chapter 636, or

15  chapter 641 by December 31, 1998, and is exempt from the

16  provisions of part I of chapter 641 until then. However, if

17  the entity assumes risk, the Department of Insurance shall

18  develop appropriate regulatory requirements by rule under the

19  insurance code before the entity becomes operational.

20         1.  A county in which the agency seeks to implement its

21  authority to award contracts as provided in this subparagraph

22  that has a Medicaid population in excess of 300,000, the

23  agency shall award one contract for every 100,000 Medicaid

24  recipients.

25         2.  The agency shall set as part of the competitive

26  procurement an allowable medical/loss ratio to limit

27  administrative costs and shall use industry standards, which

28  shall be adjusted based upon size of the plan.

29         3.  In developing the behavioral health care prepaid

30  plan procurement document the agency shall consult and

31  coordinate with Department of Children and Family Services and

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2087

    Amendment No. 1 (for drafter's use only)





 1  the Department of Juvenile Justice. The Department of Children

 2  and Family Services shall approve the sections of the

 3  behavioral health care prepaid plan procurement document that

 4  relates to children in the care and custody of Department of

 5  Children and Family Services and their families. The

 6  Department of Juvenile Justice shall approve the sections of

 7  the behavioral health care prepaid plan procurement document

 8  that relates to children in the care and custody of Department

 9  of Juvenile Justice and their families.

10         4.  A county that has a provider service network as

11  authorized in section 409.912, which provides behavioral

12  health care services and is an operation as of October 1,

13  1999, the agency shall not include those recipients served by

14  the provider service network in the behavioral health prepaid

15  plan, pursuant to this subsection.

16         5.  As used in this paragraph:

17         a.  "Behavioral health care" includes mental health and

18  substance abuse services.

19         b  "District" means any district of the Department of

20  Children and Family Services.

21         c.  "Therapeutic or Supportive Foster Care Homes" means

22  any foster care program operated by a Medicaid Community

23  Mental Health provider which is a licensed residential child

24  caring or child placing agency as defined in section 409.175.

25         d.  "Specialized Therapeutic Foster Care" means any

26  foster care program provided under the Medicaid Community

27  Mental Health Program service entitled specialized therapeutic

28  foster care.

29         6.  Children residing in a Department of Juvenile

30  Justice residential program approved as a Medicaid Behavioral

31  Health Overlay Services provider shall not be included in

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2087

    Amendment No. 1 (for drafter's use only)





 1  behavioral health care prepaid plan pursuant to this

 2  subparagraph.

 3         7.  When implementing the Behavioral Health Care

 4  prepaid program in Baker, Nassau, Duval, Clay, St. Johns, and

 5  Dade Counties, the agency shall not include the following:

 6         a.  dependent children placed by the Department of

 7  Children and Family Services or children placed by a licensed

 8  child placing agency into a licensed residential group care

 9  facility which is operated by a Medicaid Community Mental

10  Health provider.

11         b.  dependent children of the department receiving

12  therapeutic or supportive foster home care.

13         c.  services to children in the care or custody of the

14  department while they are in emergency shelter.

15         d.  children served under the Community Mental Health

16  program specialized therapeutic foster care.

17         8.  When implementing the Behavioral Health Care

18  prepaid program in Baker, Nassau, Duval, Clay, St. Johns, and

19  Dade counties, the agency shall require that any existing

20  licensed child caring or child placing agency that is also a

21  Medicaid Community Mental Health Program provider will be part

22  of the provider network.

23         9.  The agency and the department shall approve

24  behavioral health care criteria and protocols for services

25  provided to children referred from the child protection team

26  for follow-up services.

27         10.  In all the behavioral health care prepaid plans,

28  substance abuse services shall be reimbursed fee for service

29  from State Medicaid funds until such time as the agency

30  determines that adequate funds are available for prepaid

31  methods. The agency shall insure that any contractors for

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2087

    Amendment No. 1 (for drafter's use only)





 1  pre-paid behavioral health services shall propose practical

 2  methods of integrating mental health and substance abuse

 3  services, including opportunities for community-based

 4  substance abuse agencies to become partners in the provider

 5  networks established at a district or area level, and to

 6  participate in the development of protocols for substance

 7  abuse services.

 8         11.  In developing the behavioral health care prepaid

 9  plan procurement document, the agency must ensure that

10  conversion to a prepaid system of delivery shall not result in

11  the displacement of indigent care patients from facilities

12  receiving state funding to provide indigent behavioral health

13  care to facilities licensed under chapter 395 which do not

14  receive state subsidies unless the unsubsidized facilities are

15  reimbursed for the costs of all treatment, including medical

16  treatment which is a precondition to admission into a

17  subsidized facility. Traditional inpatient mental health

18  providers licensed pursuant to chapter 395 must be included in

19  any provider network for prepaid behavioral health services.

20         12.  The agency shall notify the Legislature of the

21  status and plans to expand the behavioral managed care

22  projects to those counties designated in this paragraph by

23  October 1, 2000. With respect to any county or district in

24  which expansion of behavioral managed care projects cannot be

25  accomplished within the 3-year time frame, the plan must

26  clearly state the reasons the time frame cannot be met and the

27  efforts that should be made to address the obstacles, which

28  may include alternatives to behavioral managed care. The plan

29  must also address the status of services to children and their

30  families in the care and custody of the department and

31  Juvenile Justice. The plan must address how the services for

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2087

    Amendment No. 1 (for drafter's use only)





 1  those children and families will be integrated into the

 2  comprehensive behavioral health care program or how services

 3  will be provided using alternative methods over the 3-year

 4  phase in.

 5         13.  For counties not specifically designated in this

 6  paragraph, a local planning process shall be completed prior

 7  to the agency expanding behavioral managed care projects to

 8  other areas. The planning process shall be completed with

 9  local community participation including, but not limited to,

10  input from community-based mental health, substance abuse,

11  child welfare, and delinquency providers currently under

12  contract with the Department of Children and Family Services,

13  Department of Juvenile Justice or the agency. Facilities

14  licensed under chapter 395 will be included in the local

15  planning process.

16         Section 2.  This act shall take effect October 1, 1999.

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