Senate Bill 2216

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    Florida Senate - 1999                                  SB 2216

    By Senator Rossin





    35-1206-99

  1                      A bill to be entitled

  2         An act relating to maximizing federal funding;

  3         providing legislative intent; creating s.

  4         409.9072, F.S.; authorizing the Agency for

  5         Health Care Administration to develop policies

  6         and procedures to allow for certification of

  7         local matching funds for covered Title XIX

  8         Medicaid services; providing eligibility

  9         criteria for projects to be included as part of

10         the local match; providing responsibilities of

11         the Department of Children and Family Services;

12         allowing administrative costs to be deducted;

13         authorizing the department to develop policies

14         and procedures to allow for certification of

15         local matching funds for Title IV-E services to

16         children; providing criteria for eligibility;

17         allowing administrative costs to be deducted;

18         requiring an annual report; providing an

19         effective date.

20

21  Be It Enacted by the Legislature of the State of Florida:

22

23         Section 1.  It is the intent of the Legislature to use

24  local funding for Medicaid and Title IV-E programs to the

25  fullest extent possible so as to maximize federal funding of

26  such programs in this state. It is the further intent of the

27  Legislature that this act be revenue-neutral with respect to

28  state funds.

29         Section 2.  Section 409.9072, Florida Statutes, is

30  created to read:

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    Florida Senate - 1999                                  SB 2216
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  1         409.9072  Certification of local match program and

  2  provider agreements regarding funding for Title XIX Medicaid

  3  and Title IV-E.--

  4         (1)  The Agency for Health Care Administration, in

  5  compliance with appropriate federal authorities, shall develop

  6  policies and procedures to allow for the certification of

  7  local matching funds for covered Title XIX Medicaid services.

  8         (a)  The certification of local matching funds applies

  9  only to services provided to Medicaid-eligible and

10  Medicaid-expansion-eligible children and their families. Any

11  federal Medicaid reimbursement received as a result of local

12  matching funds generated at the district level must be

13  returned to the district that generated the funds, and the

14  district must, by agreement, reimburse any local entities that

15  have provided funding that has generated the federal Medicaid

16  reimbursement received by the district.

17         (b)  Local projects to provide services to eligible

18  children and their families must obtain prior approval by the

19  department and the agency to participate in any certification

20  of match effort. To qualify for such approval, a project must

21  demonstrate that it has the clinical and administrative

22  capability to provide Medicaid-covered services and must agree

23  to:

24         1.  Be responsible for checking with the state Medicaid

25  office to verify that children and their families are eligible

26  at the time services are provided; however, the project is not

27  responsible for any disallowances resulting from a subsequent

28  determination of ineligibility, as long as eligibility was

29  verified at the time services were provided.

30         2.  Develop and maintain the financial records needed

31  to document the appropriate use of state and federal funds.

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    Florida Senate - 1999                                  SB 2216
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  1         3.  Comply with all state and federal laws, rules,

  2  regulations, and policies that regulate Medicaid services.

  3         4.  Be responsible for reimbursing the cost of any

  4  disallowance of federal funding previously provided to the

  5  local project which results from failure of the local project

  6  to comply with state or federal Medicaid laws, rules, or

  7  regulations.

  8         (c)  The agency and the department shall work with the

  9  projects to modify the state plan and shall request and

10  implement any federal waivers necessary to ensure that all

11  Title XIX Medicaid services are available to eligible clients

12  of such projects and otherwise to implement this section.

13         (d)  A project may receive Medicaid reimbursement for

14  these services either on a fee-for-service basis or a

15  capitation basis. The agency must approve all capitation

16  methodologies and standards of care developed by the

17  department. With agency approval, the department shall develop

18  provisions for monitoring service delivery, ensuring

19  appropriate provider networks in accordance with s. 409.906,

20  and analyzing administrative and service cost ratios.

21         (e)  A project that operates on a fee-for-service basis

22  may assign a qualified organization to serve as the gatekeeper

23  that is responsible for the authorization of all services for

24  children enrolled in the project. With agency approval, the

25  department shall develop quality-of-care standards for the

26  providers who deliver these services. The project may also

27  provide case management services to coordinate care and

28  linkages with Medicaid-enrolled providers and other agencies.

29         (f)  Before funds are distributed under paragraph (a),

30  the agency may deduct its actual administrative costs for

31  implementing and monitoring the local match certification

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    Florida Senate - 1999                                  SB 2216
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  1  program, but the administrative costs may not exceed 5 percent

  2  of the total funding to be provided to local entities under

  3  paragraph (a).

  4         (2)  The department, in compliance with appropriate

  5  federal authorities, shall develop policies and procedures to

  6  allow for the certification of local funds that have been

  7  publicly appropriated or generated in other ways for any Title

  8  IV-E eligible services.

  9         (a)  Any federal Title IV-E reimbursement received as a

10  result of matching funds generated at the district level must

11  be returned to the district that generated those funds, and

12  the district must, by agreement, reimburse any local entities

13  that have provided the funding that has generated the federal

14  Title IV-E reimbursement received by the district.

15         (b)  In order to receive any reimbursement under this

16  subsection, any entity other than the department which

17  provides local funds for Title IV-E services must demonstrate

18  that it has the capability of providing such services and must

19  agree to:

20         1.  Be responsible for verifying that children and

21  their families are eligible for Title IV-E at the time

22  services are provided; however, the entity is not responsible

23  for any disallowances resulting from a subsequent

24  determination of ineligibility, as long as eligibility was

25  verified at the time services were provided.

26         2.  Develop and maintain the financial records needed

27  to document the appropriate use of federal funds.

28         3.  Comply with all state and federal laws, rules,

29  regulations, and policies that regulate Title IV-E services.

30         4.  Be responsible for reimbursing the cost of any

31  disallowance of federal funding previously provided to the

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    Florida Senate - 1999                                  SB 2216
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  1  local entity which results from failure of the local entity to

  2  comply with state or federal Title IV-E laws, rules, or

  3  regulations.

  4         (c)  Before funds are distributed under paragraph (a),

  5  the department may deduct its actual administrative costs for

  6  implementing and monitoring the local match certification

  7  program, but the administrative costs may not exceed 5 percent

  8  of the total funding to be provided to local entities under

  9  paragraph (a).

10         (d)  The department shall request and implement any

11  federal waivers necessary to implement this section.

12         (3)  The department and the agency shall prepare and

13  submit to the Legislature no later than January 1 an annual

14  report that documents the specific activities undertaken

15  pursuant to this section during the previous fiscal year.

16         Section 3.  This act shall take effect July 1, 1999.

17

18            *****************************************

19                          SENATE SUMMARY

20    Provides for the Agency for Health Care Administration
      and the Department of Children and Family Services to
21    develop policies and procedures to allow for the
      certification of local matching funds for Title XIX
22    Medicaid services and for Title IV-E services to
      children. (See bill for details.)
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