House Bill 1905

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    Florida House of Representatives - 2000                HB 1905

        By Representatives Murman, Feeney, Garcia, Bloom, Casey,
    Arnall, Farkas and Cantens





  1                      A bill to be entitled

  2         An act relating to Medicaid; amending s.

  3         409.905, F.S.; deleting provisions relating to

  4         evaluation and report on implementation of a

  5         hospital mental health waiver program;

  6         increasing the Medicaid reimbursement

  7         limitation for certain hospital outpatient

  8         services; amending s. 409.908, F.S.;

  9         authorizing the Agency for Health Care

10         Administration to retrospectively adjust or

11         reclassify disproportionate share program

12         distributions as Medicaid benefits; providing

13         exceptions to Medicaid reimbursement

14         limitations for certain hospital inpatient

15         care; authorizing the agency to receive certain

16         funds for such exceptional reimbursements;

17         providing an exemption from county contribution

18         requirements; increasing the Medicaid

19         reimbursement limitation for certain hospital

20         outpatient care; authorizing the agency to

21         receive certain funds for such outpatient care;

22         removing authority for additional reimbursement

23         for hospitals participating in the

24         extraordinary disproportionate share program;

25         authorizing certain retrospective adjustment or

26         reclassification of disproportionate share

27         program distributions as Medicaid benefits;

28         providing an exemption from county contribution

29         requirements; providing an effective date.

30

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

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  1         Section 1.  Paragraph (b) of subsection (5) and

  2  subsection (6) of section 409.905, Florida Statutes, are

  3  amended to read:

  4         409.905  Mandatory Medicaid services.--The agency may

  5  make payments for the following services, which are required

  6  of the state by Title XIX of the Social Security Act,

  7  furnished by Medicaid providers to recipients who are

  8  determined to be eligible on the dates on which the services

  9  were provided.  Any service under this section shall be

10  provided only when medically necessary and in accordance with

11  state and federal law. Nothing in this section shall be

12  construed to prevent or limit the agency from adjusting fees,

13  reimbursement rates, lengths of stay, number of visits, number

14  of services, or any other adjustments necessary to comply with

15  the availability of moneys and any limitations or directions

16  provided for in the General Appropriations Act or chapter 216.

17         (5)  HOSPITAL INPATIENT SERVICES.--The agency shall pay

18  for all covered services provided for the medical care and

19  treatment of a recipient who is admitted as an inpatient by a

20  licensed physician or dentist to a hospital licensed under

21  part I of chapter 395.  However, the agency shall limit the

22  payment for inpatient hospital services for a Medicaid

23  recipient 21 years of age or older to 45 days or the number of

24  days necessary to comply with the General Appropriations Act.

25         (b)  A licensed hospital maintained primarily for the

26  care and treatment of patients having mental disorders or

27  mental diseases is not eligible to participate in the hospital

28  inpatient portion of the Medicaid program except as provided

29  in federal law.  However, the department shall apply for a

30  waiver, within 9 months after June 5, 1991, designed to

31  provide hospitalization services for mental health reasons to

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  1  children and adults in the most cost-effective and lowest cost

  2  setting possible.  Such waiver shall include a request for the

  3  opportunity to pay for care in hospitals known under federal

  4  law as "institutions for mental disease" or "IMD's."  The

  5  waiver proposal shall propose no additional aggregate cost to

  6  the state or Federal Government, and shall be conducted in

  7  Hillsborough County, Highlands County, Hardee County, Manatee

  8  County, and Polk County.  The waiver proposal may incorporate

  9  competitive bidding for hospital services, comprehensive

10  brokering, prepaid capitated arrangements, or other mechanisms

11  deemed by the department to show promise in reducing the cost

12  of acute care and increasing the effectiveness of preventive

13  care.  When developing the waiver proposal, the department

14  shall take into account price, quality, accessibility,

15  linkages of the hospital to community services and family

16  support programs, plans of the hospital to ensure the earliest

17  discharge possible, and the comprehensiveness of the mental

18  health and other health care services offered by participating

19  providers.  The department is directed to monitor and evaluate

20  the implementation of this waiver program if it is granted and

21  report to the chairs of the appropriations committees of the

22  Senate and the House of Representatives by February 1, 1992.

23         (6)  HOSPITAL OUTPATIENT SERVICES.--The agency shall

24  pay for preventive, diagnostic, therapeutic, or palliative

25  care and other services provided to a recipient in the

26  outpatient portion of a hospital licensed under part I of

27  chapter 395, and provided under the direction of a licensed

28  physician or licensed dentist, except that payment for such

29  care and services is limited to $1,500 $1,000 per state fiscal

30  year per recipient, unless an exception has been made by the

31  agency, and with the exception of a Medicaid recipient under

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  1  age 21, in which case the only limitation is medical

  2  necessity.

  3         Section 2.  Section 409.908, Florida Statutes, is

  4  amended to read:

  5         409.908  Reimbursement of Medicaid providers.--Subject

  6  to specific appropriations, the agency shall reimburse

  7  Medicaid providers, in accordance with state and federal law,

  8  according to methodologies set forth in the rules of the

  9  agency and in policy manuals and handbooks incorporated by

10  reference therein.  These methodologies may include fee

11  schedules, reimbursement methods based on cost reporting,

12  negotiated fees, competitive bidding pursuant to s. 287.057,

13  and other mechanisms the agency considers efficient and

14  effective for purchasing services or goods on behalf of

15  recipients.  Payment for Medicaid compensable services made on

16  behalf of Medicaid eligible persons is subject to the

17  availability of moneys and any limitations or directions

18  provided for in the General Appropriations Act or chapter 216.

19  Further, nothing in this section shall be construed to prevent

20  or limit the agency from adjusting fees, reimbursement rates,

21  lengths of stay, number of visits, or number of services, or

22  retrospectively adjusting or reclassifying disproportionate

23  share program distributions as benefits, or making any other

24  adjustments necessary to comply with the availability of

25  moneys and any limitations or directions provided for in the

26  General Appropriations Act, provided the adjustment is

27  consistent with legislative intent.

28         (1)  Reimbursement to hospitals licensed under part I

29  of chapter 395 must be made prospectively or on the basis of

30  negotiation.

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  1         (a)  Reimbursement for inpatient care is limited as

  2  provided for in s. 409.905(5), except for:.

  3         1.  The raising of rate reimbursement caps.

  4         2.  Recognition of the costs of graduate medical

  5  education.

  6         3.  Other methodologies recognized in the General

  7  Appropriations Act.

  8

  9  The agency is authorized to receive funds from state entities,

10  including, but limited to, the Board of Regents, local

11  governments, and other local political subdivisions, for the

12  purpose of making special exception payments, including

13  federal matching funds, through the Medicaid inpatient

14  reimbursement methodologies. Funds received from state

15  entities or local governments for this purpose shall be

16  separately accounted for and shall not be commingled with

17  other state or local funds in any manner. Notwithstanding this

18  section and s. 409.915, counties are exempt from contributing

19  toward the cost of the special exception reimbursement for

20  hospitals serving a disproportionate share of low-income

21  persons and providing graduate medical education.

22         (b)  Reimbursement for hospital outpatient care is

23  limited to $1,500 $1,000 per state fiscal year per recipient,

24  except for:

25         1.  Such care provided to a Medicaid recipient under

26  age 21, in which case the only limitation is medical

27  necessity.;

28         2.  Renal dialysis services.; and

29         3.  Other exceptions made by the agency.

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  1  The agency is authorized to receive funds from state entities,

  2  including, but not limited to, the Board of Regents, local

  3  governments, and other local political subdivisions, for the

  4  purpose of making payments, including federal matching funds,

  5  through the Medicaid outpatient reimbursement methodologies.

  6  Funds received from state entities and local governments for

  7  this purpose shall be separately accounted for and shall not

  8  be commingled with other state or local funds in any manner.

  9         (c)(b)  Hospitals that provide services to a

10  disproportionate share of low-income Medicaid recipients, or

11  that participate in the regional perinatal intensive care

12  center program under chapter 383, or that participate in the

13  statutory teaching hospital disproportionate share program, or

14  that participate in the extraordinary disproportionate share

15  program, may receive additional reimbursement. The total

16  amount of payment for disproportionate share hospitals shall

17  be fixed by the General Appropriations Act. The computation of

18  these payments must be made in compliance with all federal

19  regulations and the methodologies described in ss. 409.911,

20  409.9112, and 409.9113. Notwithstanding this section, these

21  payments may be retrospectively adjusted and reclassified as

22  program benefits, and if adjusted and reclassified as such,

23  notwithstanding s. 409.915, counties are exempt from

24  contributing toward the cost of these benefits.

25         (d)(c)  The agency is authorized to limit inflationary

26  increases for outpatient hospital services as directed by the

27  General Appropriations Act.

28         (2)(a)1.  Reimbursement to nursing homes licensed under

29  part II of chapter 400 and state-owned-and-operated

30  intermediate care facilities for the developmentally disabled

31  licensed under chapter 393 must be made prospectively.

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  1         2.  Unless otherwise limited or directed in the General

  2  Appropriations Act, reimbursement to hospitals licensed under

  3  part I of chapter 395 for the provision of swing-bed nursing

  4  home services must be made on the basis of the average

  5  statewide nursing home payment, and reimbursement to a

  6  hospital licensed under part I of chapter 395 for the

  7  provision of skilled nursing services must be made on the

  8  basis of the average nursing home payment for those services

  9  in the county in which the hospital is located. When a

10  hospital is located in a county that does not have any

11  community nursing homes, reimbursement must be determined by

12  averaging the nursing home payments, in counties that surround

13  the county in which the hospital is located. Reimbursement to

14  hospitals, including Medicaid payment of Medicare copayments,

15  for skilled nursing services shall be limited to 30 days,

16  unless a prior authorization has been obtained from the

17  agency. Medicaid reimbursement may be extended by the agency

18  beyond 30 days, and approval must be based upon verification

19  by the patient's physician that the patient requires

20  short-term rehabilitative and recuperative services only, in

21  which case an extension of no more than 15 days may be

22  approved. Reimbursement to a hospital licensed under part I of

23  chapter 395 for the temporary provision of skilled nursing

24  services to nursing home residents who have been displaced as

25  the result of a natural disaster or other emergency may not

26  exceed the average county nursing home payment for those

27  services in the county in which the hospital is located and is

28  limited to the period of time which the agency considers

29  necessary for continued placement of the nursing home

30  residents in the hospital.

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  1         (b)  Subject to any limitations or directions provided

  2  for in the General Appropriations Act, the agency shall

  3  establish and implement a Florida Title XIX Long-Term Care

  4  Reimbursement Plan (Medicaid) for nursing home care in order

  5  to provide care and services in conformance with the

  6  applicable state and federal laws, rules, regulations, and

  7  quality and safety standards and to ensure that individuals

  8  eligible for medical assistance have reasonable geographic

  9  access to such care. Effective no earlier than the

10  rate-setting period beginning April 1, 1999, the agency shall

11  establish a case-mix reimbursement methodology for the rate of

12  payment for long-term care services for nursing home

13  residents. The agency shall compute a per diem rate for

14  Medicaid residents, adjusted for case mix, which is based on a

15  resident classification system that accounts for the relative

16  resource utilization by different types of residents and which

17  is based on level-of-care data and other appropriate data. The

18  case-mix methodology developed by the agency shall take into

19  account the medical, behavioral, and cognitive deficits of

20  residents. In developing the reimbursement methodology, the

21  agency shall evaluate and modify other aspects of the

22  reimbursement plan as necessary to improve the overall

23  effectiveness of the plan with respect to the costs of patient

24  care, operating costs, and property costs. In the event

25  adequate data are not available, the agency is authorized to

26  adjust the patient's care component or the per diem rate to

27  more adequately cover the cost of services provided in the

28  patient's care component. The agency shall work with the

29  Department of Elderly Affairs, the Florida Health Care

30  Association, and the Florida Association of Homes for the

31  Aging in developing the methodology. It is the intent of the

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  1  Legislature that the reimbursement plan achieve the goal of

  2  providing access to health care for nursing home residents who

  3  require large amounts of care while encouraging diversion

  4  services as an alternative to nursing home care for residents

  5  who can be served within the community. The agency shall base

  6  the establishment of any maximum rate of payment, whether

  7  overall or component, on the available moneys as provided for

  8  in the General Appropriations Act. The agency may base the

  9  maximum rate of payment on the results of scientifically valid

10  analysis and conclusions derived from objective statistical

11  data pertinent to the particular maximum rate of payment.

12         (3)  Subject to any limitations or directions provided

13  for in the General Appropriations Act, the following Medicaid

14  services and goods may be reimbursed on a fee-for-service

15  basis. For each allowable service or goods furnished in

16  accordance with Medicaid rules, policy manuals, handbooks, and

17  state and federal law, the payment shall be the amount billed

18  by the provider, the provider's usual and customary charge, or

19  the maximum allowable fee established by the agency, whichever

20  amount is less, with the exception of those services or goods

21  for which the agency makes payment using a methodology based

22  on capitation rates, average costs, or negotiated fees.

23         (a)  Advanced registered nurse practitioner services.

24         (b)  Birth center services.

25         (c)  Chiropractic services.

26         (d)  Community mental health services.

27         (e)  Dental services, including oral and maxillofacial

28  surgery.

29         (f)  Durable medical equipment.

30         (g)  Hearing services.

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  1         (h)  Occupational therapy for Medicaid recipients under

  2  age 21.

  3         (i)  Optometric services.

  4         (j)  Orthodontic services.

  5         (k)  Personal care for Medicaid recipients under age

  6  21.

  7         (l)  Physical therapy for Medicaid recipients under age

  8  21.

  9         (m)  Physician assistant services.

10         (n)  Podiatric services.

11         (o)  Portable X-ray services.

12         (p)  Private-duty nursing for Medicaid recipients under

13  age 21.

14         (q)  Registered nurse first assistant services.

15         (r)  Respiratory therapy for Medicaid recipients under

16  age 21.

17         (s)  Speech therapy for Medicaid recipients under age

18  21.

19         (t)  Visual services.

20         (4)  Subject to any limitations or directions provided

21  for in the General Appropriations Act, alternative health

22  plans, health maintenance organizations, and prepaid health

23  plans shall be reimbursed a fixed, prepaid amount negotiated,

24  or competitively bid pursuant to s. 287.057, by the agency and

25  prospectively paid to the provider monthly for each Medicaid

26  recipient enrolled.  The amount may not exceed the average

27  amount the agency determines it would have paid, based on

28  claims experience, for recipients in the same or similar

29  category of eligibility.  The agency shall calculate

30  capitation rates on a regional basis and, beginning September

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  1  1, 1995, shall include age-band differentials in such

  2  calculations.

  3         (5)  An ambulatory surgical center shall be reimbursed

  4  the lesser of the amount billed by the provider or the

  5  Medicare-established allowable amount for the facility.

  6         (6)  A provider of early and periodic screening,

  7  diagnosis, and treatment services to Medicaid recipients who

  8  are children under age 21 shall be reimbursed using an

  9  all-inclusive rate stipulated in a fee schedule established by

10  the agency. A provider of the visual, dental, and hearing

11  components of such services shall be reimbursed the lesser of

12  the amount billed by the provider or the Medicaid maximum

13  allowable fee established by the agency.

14         (7)  A provider of family planning services shall be

15  reimbursed the lesser of the amount billed by the provider or

16  an all-inclusive amount per type of visit for physicians and

17  advanced registered nurse practitioners, as established by the

18  agency in a fee schedule.

19         (8)  A provider of home-based or community-based

20  services rendered pursuant to a federally approved waiver

21  shall be reimbursed based on an established or negotiated rate

22  for each service. These rates shall be established according

23  to an analysis of the expenditure history and prospective

24  budget developed by each contract provider participating in

25  the waiver program, or under any other methodology adopted by

26  the agency and approved by the Federal Government in

27  accordance with the waiver. Effective July 1, 1996, privately

28  owned and operated community-based residential facilities

29  which meet agency requirements and which formerly received

30  Medicaid reimbursement for the optional intermediate care

31  facility for the mentally retarded service may participate in

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  1  the developmental services waiver as part of a

  2  home-and-community-based continuum of care for Medicaid

  3  recipients who receive waiver services.

  4         (9)  A provider of home health care services or of

  5  medical supplies and appliances shall be reimbursed the lesser

  6  of the amount billed by the provider or the agency's

  7  established maximum allowable amount, except that, in the case

  8  of the rental of durable medical equipment, the total rental

  9  payments may not exceed the purchase price of the equipment

10  over its expected useful life or the agency's established

11  maximum allowable amount, whichever amount is less.

12         (10)  A hospice shall be reimbursed through a

13  prospective system for each Medicaid hospice patient at

14  Medicaid rates using the methodology established for hospice

15  reimbursement pursuant to Title XVIII of the federal Social

16  Security Act.

17         (11)  A provider of independent laboratory services

18  shall be reimbursed the least of the amount billed by the

19  provider, the provider's usual and customary charge, or the

20  Medicaid maximum allowable fee established by the agency.

21         (12)(a)  A physician shall be reimbursed the lesser of

22  the amount billed by the provider or the Medicaid maximum

23  allowable fee established by the agency.

24         (b)  The agency shall adopt a fee schedule, subject to

25  any limitations or directions provided for in the General

26  Appropriations Act, based on a resource-based relative value

27  scale for pricing Medicaid physician services. Under this fee

28  schedule, physicians shall be paid a dollar amount for each

29  service based on the average resources required to provide the

30  service, including, but not limited to, estimates of average

31  physician time and effort, practice expense, and the costs of

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  1  professional liability insurance.  The fee schedule shall

  2  provide increased reimbursement for preventive and primary

  3  care services and lowered reimbursement for specialty services

  4  by using at least two conversion factors, one for cognitive

  5  services and another for procedural services.  The fee

  6  schedule shall not increase total Medicaid physician

  7  expenditures unless moneys are available, and shall be phased

  8  in over a 2-year period beginning on July 1, 1994. The Agency

  9  for Health Care Administration shall seek the advice of a

10  16-member advisory panel in formulating and adopting the fee

11  schedule.  The panel shall consist of Medicaid physicians

12  licensed under chapters 458 and 459 and shall be composed of

13  50 percent primary care physicians and 50 percent specialty

14  care physicians.

15         (c)  The agency shall monitor closely the utilization

16  rate for physician services and identify any trends which may

17  indicate an effort to increase the volume of services to

18  counteract any losses that might result from the new fee

19  schedule. The agency shall prepare a report to the Legislature

20  on the overall effect of the resource-based relative value

21  scale fee schedule by December 31, 1996.

22         (d)  Notwithstanding paragraph (b), reimbursement fees

23  to physicians for providing total obstetrical services to

24  Medicaid recipients, which include prenatal, delivery, and

25  postpartum care, shall be at least $1,500 per delivery for a

26  pregnant woman with low medical risk and at least $2,000 per

27  delivery for a pregnant woman with high medical risk. However,

28  reimbursement to physicians working in Regional Perinatal

29  Intensive Care Centers designated pursuant to chapter 383, for

30  services to certain pregnant Medicaid recipients with a high

31  medical risk, may be made according to obstetrical care and

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  1  neonatal care groupings and rates established by the agency.

  2  Nurse midwives licensed under chapter 464 or midwives licensed

  3  under chapter 467 shall be reimbursed at no less than 80

  4  percent of the low medical risk fee. The agency shall by rule

  5  determine, for the purpose of this paragraph, what constitutes

  6  a high or low medical risk pregnant woman and shall not pay

  7  more based solely on the fact that a caesarean section was

  8  performed, rather than a vaginal delivery. The agency shall by

  9  rule determine a prorated payment for obstetrical services in

10  cases where only part of the total prenatal, delivery, or

11  postpartum care was performed. The Department of Health shall

12  adopt rules for appropriate insurance coverage for midwives

13  licensed under chapter 467. Prior to the issuance and renewal

14  of an active license, or reactivation of an inactive license

15  for midwives licensed under chapter 467, such licensees shall

16  submit proof of coverage with each application.

17         (13)  Medicare premiums for persons eligible for both

18  Medicare and Medicaid coverage shall be paid at the rates

19  established by Title XVIII of the Social Security Act.  For

20  Medicare services rendered to Medicaid-eligible persons,

21  Medicaid shall pay Medicare deductibles and coinsurance as

22  follows:

23         (a)  Medicaid shall make no payment toward deductibles

24  and coinsurance for any service that is not covered by

25  Medicaid.

26         (b)  Medicaid's financial obligation for deductibles

27  and coinsurance payments shall be based on Medicare allowable

28  fees, not on a provider's billed charges.

29         (c)  Medicaid will pay no portion of Medicare

30  deductibles and coinsurance when payment that Medicare has

31  made for the service equals or exceeds what Medicaid would

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  1  have paid if it had been the sole payor.  The combined payment

  2  of Medicare and Medicaid shall not exceed the amount Medicaid

  3  would have paid had it been the sole payor.

  4         (d)  The following provisions are exceptions to

  5  paragraphs (a)-(c):

  6         1.  Medicaid payments for Nursing Home Medicare part A

  7  coinsurance shall be the lesser of the Medicare coinsurance

  8  amount or the Medicaid nursing home per diem rate.

  9         2.  Medicaid shall pay all deductibles and coinsurance

10  for Nursing Home Medicare part B services.

11         3.  Medicaid shall pay all deductibles and coinsurance

12  for Medicare-eligible recipients receiving freestanding end

13  stage renal dialysis center services.

14         4.  Medicaid shall pay all deductibles and coinsurance

15  for hospital outpatient Medicare part B services.

16         5.  Medicaid payments for general hospital inpatient

17  services shall be limited to the Medicare deductible per spell

18  of illness.  Medicaid shall make no payment toward coinsurance

19  for Medicare general hospital inpatient services.

20         6.  Medicaid shall pay all deductibles and coinsurance

21  for Medicare emergency transportation services provided by

22  ambulances licensed pursuant to chapter 401.

23         (14)  A provider of prescribed drugs shall be

24  reimbursed the least of the amount billed by the provider, the

25  provider's usual and customary charge, or the Medicaid maximum

26  allowable fee established by the agency, plus a dispensing

27  fee. The agency is directed to implement a variable dispensing

28  fee for payments for prescribed medicines while ensuring

29  continued access for Medicaid recipients.  The variable

30  dispensing fee may be based upon, but not limited to, either

31  or both the volume of prescriptions dispensed by a specific

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  1  pharmacy provider and the volume of prescriptions dispensed to

  2  an individual recipient. The agency is authorized to limit

  3  reimbursement for prescribed medicine in order to comply with

  4  any limitations or directions provided for in the General

  5  Appropriations Act, which may include implementing a

  6  prospective or concurrent utilization review program.

  7         (15)  A provider of primary care case management

  8  services rendered pursuant to a federally approved waiver

  9  shall be reimbursed by payment of a fixed, prepaid monthly sum

10  for each Medicaid recipient enrolled with the provider.

11         (16)  A provider of rural health clinic services and

12  federally qualified health center services shall be reimbursed

13  a rate per visit based on total reasonable costs of the

14  clinic, as determined by the agency in accordance with federal

15  regulations.

16         (17)  A provider of targeted case management services

17  shall be reimbursed pursuant to an established fee, except

18  where the Federal Government requires a public provider be

19  reimbursed on the basis of average actual costs.

20         (18)  Unless otherwise provided for in the General

21  Appropriations Act, a provider of transportation services

22  shall be reimbursed the lesser of the amount billed by the

23  provider or the Medicaid maximum allowable fee established by

24  the agency, except when the agency has entered into a direct

25  contract with the provider, or with a community transportation

26  coordinator, for the provision of an all-inclusive service, or

27  when services are provided pursuant to an agreement negotiated

28  between the agency and the provider.  The agency, as provided

29  for in s. 427.0135, shall purchase transportation services

30  through the community coordinated transportation system, if

31  available, unless the agency determines a more cost-effective

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  1  method for Medicaid clients. Nothing in this subsection shall

  2  be construed to limit or preclude the agency from contracting

  3  for services using a prepaid capitation rate or from

  4  establishing maximum fee schedules, individualized

  5  reimbursement policies by provider type, negotiated fees,

  6  prior authorization, competitive bidding, increased use of

  7  mass transit, or any other mechanism that the agency considers

  8  efficient and effective for the purchase of services on behalf

  9  of Medicaid clients, including implementing a transportation

10  eligibility process. The agency shall not be required to

11  contract with any community transportation coordinator or

12  transportation operator that has been determined by the

13  agency, the Department of Legal Affairs Medicaid Fraud Control

14  Unit, or any other state or federal agency to have engaged in

15  any abusive or fraudulent billing activities.

16         (19)  County health department services may be

17  reimbursed a rate per visit based on total reasonable costs of

18  the clinic, as determined by the agency in accordance with

19  federal regulations under the authority of 42 C.F.R. s.

20  431.615.

21         (20)  A renal dialysis facility that provides dialysis

22  services under s. 409.906(9) must be reimbursed the lesser of

23  the amount billed by the provider, the provider's usual and

24  customary charge, or the maximum allowable fee established by

25  the agency, whichever amount is less.

26         (21)  The agency shall reimburse school districts which

27  certify the state match pursuant to ss. 236.0812 and 409.9071

28  for the federal portion of the school district's allowable

29  costs to deliver the services, based on the reimbursement

30  schedule.  The school district shall determine the costs for

31  delivering services as authorized in ss. 236.0812 and 409.9071

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    Florida House of Representatives - 2000                HB 1905

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  1  for which the state match will be certified. Reimbursement of

  2  school-based providers is contingent on such providers being

  3  enrolled as Medicaid providers and meeting the qualifications

  4  contained in 42 C.F.R. s. 440.110, unless otherwise waived by

  5  the federal Health Care Financing Administration. Speech

  6  therapy providers who are certified through the Department of

  7  Education pursuant to rule 6A-4.0176, Florida Administrative

  8  Code, are eligible for reimbursement for services that are

  9  provided on school premises. Any employee of the school

10  district who has been fingerprinted and has received a

11  criminal background check in accordance with Department of

12  Education rules and guidelines shall be exempt from any agency

13  requirements relating to criminal background checks.

14         (22)  The agency is directed to implement changes in

15  the Medicaid reimbursement methodology, as soon as feasible,

16  to contain the growth in expenditures in facilities formerly

17  known as ICF/DD facilities. In light of the repeal of the

18  federal Boren Amendment, the agency shall consider, but is not

19  limited to, the following changes in methodology:

20         (a)  Reduction in the target rate of inflation.

21         (b)  Reduction in the calculation of incentive

22  payments.

23         (c)  Ceiling limitations by component of reimbursement.

24         (d)  Elimination of rebase provisions.

25         (e)  Elimination of component interim rate provisions.

26         (f)  Separate reimbursement plans for facilities that

27  are government operated versus facilities that are privately

28  owned.

29

30

31

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  1  The agency may contract with an independent consultant in

  2  considering any changes to the reimbursement methodology for

  3  these facilities. This subsection is repealed on July 1, 1999.

  4         Section 3.  This act shall take effect July 1, 2000.

  5

  6            *****************************************

  7                          HOUSE SUMMARY

  8
      Increases from $1,000 to $1,500 the Medicaid
  9    reimbursement limitation for specified hospital
      outpatient services. Authorizes the Agency for Health
10    Care Administration to receive funds from certain
      entities, including the Board of Regents and local
11    political subdivisions, for reimbursement for such
      services. Revises Medicaid reimbursement limitations for
12    hospital inpatient services to provide exceptions for
      raising reimbursement caps, graduate medical education,
13    and other methodologies provided in the General
      Appropriations Act. Authorizes the agency to receive
14    funds from certain entities for purposes of such
      exceptional reimbursements, and provides an exemption
15    from county contribution requirements for such
      reimbursements for certain hospitals. Removes authority
16    for additional reimbursements for hospitals participating
      in the extraordinary disproportionate share program.
17    Authorizes the agency to retrospectively adjust or
      reclassify disproportionate share program distributions
18    as Medicaid benefits. Provides an exemption from county
      contribution requirements when such adjustment or
19    reclassification occurs.

20

21

22

23

24

25

26

27

28

29

30

31

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