House Bill 4045c1

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    Florida House of Representatives - 2000             CS/HB 4045

        By the Committees on Health Care Services, Rules &
    Calendar and Representative Arnall





  1                      A bill to be entitled

  2         An act relating to obsolete, expired, or

  3         repealed provisions of law; repealing various

  4         provisions of law that have become obsolete,

  5         have had their effect, have served their

  6         purpose, or have been impliedly repealed or

  7         superseded; repealing s. 154.013, F.S.,

  8         relating to county primary health care panels;

  9         amending s. 154.011, F.S.; deleting a cross

10         reference, to conform; repealing s. 154.12(2),

11         F.S., relating to the legal status of county

12         public health trusts with respect to a repealed

13         provision of law relating to the filing of

14         caveats; repealing s. 381.0408, F.S., relating

15         to the Public Health Partnership Council on

16         Stroke; repealing s. 408.0014, F.S., the

17         Florida Health Access Corporation Act; amending

18         ss. 20.42 and 409.9117, F.S.; deleting

19         references, to conform; repealing s. 408.004,

20         F.S., relating to the Florida Health Plan;

21         repealing ss. 408.002, 408.005, and 408.006,

22         F.S., relating to legislative findings and

23         intent and to development goals and strategies,

24         to conform; amending ss. 408.061, 408.15,

25         408.301, and 408.704, F.S.; deleting

26         references, to conform; repealing s. 408.01,

27         F.S., relating to the voluntary private health

28         insurance coverage and insurance cost

29         containment program; repealing s. 408.02(9),

30         F.S., relating to a demonstration project on

31         the effectiveness of practice parameters with

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  1         respect to the costs of defensive medicine and

  2         professional liability insurance; repealing s.

  3         408.062(1)(g), F.S., relating to development of

  4         an alternative uniform system of financial

  5         reporting of gross revenues per adjusted

  6         admission; repealing s. 408.30, F.S., relating

  7         to an obsolete rule-saving clause for the

  8         Health Care Cost Containment Board; repealing

  9         s. 408.7071, F.S., relating to development of a

10         standardized claim form for insurers and health

11         care providers licensed in this state and to

12         the committee appointed for such purpose;

13         repealing s. 409.908(12)(c) and (22), F.S.,

14         relating to a report on the effect of the

15         resource-based relative value scale fee

16         schedule on utilization of Medicaid services

17         and to implementation of changes in the

18         Medicaid reimbursement methodology for

19         facilities formerly known as ICF/DD facilities;

20         amending s. 409.912, F.S., and repealing

21         paragraph (35)(f), relating to applicability of

22         provisions authorizing a 1997-1998 outpatient

23         specialty services pilot project; deleting an

24         obsolete date and provision relating to

25         requirements under which federally qualified

26         health centers can be Medicaid prepaid plan

27         providers; repealing s. 514.081, F.S., relating

28         to a saving clause applicable to provisions

29         governing construction, modification, and

30         operation of public swimming pools and bathing

31         facilities; amending s. 636.045, F.S.; deleting

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  1         obsolete provisions relating to minimum surplus

  2         requirements for prepaid limited health service

  3         organizations; repealing s. 641.51(9), F.S.,

  4         relating to the provision of certain preventive

  5         pediatric health care services; repealing s.

  6         859.03, F.S., relating to wrapping and labeling

  7         requirements applicable to the sale of

  8         morphine; repealing s. 859.05, F.S., relating

  9         to a prohibition on the sale or other

10         disposition of narcotics except by

11         prescription; repealing s. 35, ch. 93-129, Laws

12         of Florida, relating to a work group on rural

13         health care; repealing s. 19, ch. 96-403, Laws

14         of Florida, relating to a task force on the

15         organization and structure of state health

16         programs; repealing s. 3, ch. 98-21, Laws of

17         Florida, relating to a rural hospital

18         redefinition study group; repealing s. 1, ch.

19         98-305, Laws of Florida, relating to the

20         Prostate Cancer Task Force; repealing s. 4, ch.

21         99-214, Laws of Florida, relating to a school

22         nurse training study group; repealing s. 6, ch.

23         99-393, Laws of Florida, relating to an

24         advisory group on submission and payment of

25         health claims; repealing s. 192, ch. 99-397,

26         Laws of Florida, relating to the task force on

27         the funding of the Public Medical Assistance

28         Trust Fund; amending ch. 99-226, Laws of

29         Florida, relating to the Medicaid Formulary

30         study panel; providing an effective date.

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

  2

  3         Section 1.  Section 154.013, Florida Statutes, is

  4  repealed.

  5         Section 2.  Subsection (1) of section 154.011, Florida

  6  Statutes, is amended to read:

  7         154.011  Primary care services.--

  8         (1)  It is the intent of the Legislature that all 67

  9  counties offer primary care services through contracts, as

10  required by s. 154.01(3), for Medicaid recipients and other

11  qualified low-income persons.  Therefore, beginning July 1,

12  1987, the Department of Health is directed, to the extent that

13  funds are appropriated, to develop a plan to implement a

14  program in cooperation with each county.  The department shall

15  coordinate with the county's primary care panel, as created by

16  s. 154.013, or with the county's governing body if no primary

17  care panel is appointed.  Such primary care programs shall be

18  phased-in and made operational as additional resources are

19  appropriated, and shall be subject to the following:

20         (a)  The department shall enter into contracts with the

21  county governing body for the purpose of expanding primary

22  care coverage.  The county governing body shall have the

23  option of organizing the primary care programs through county

24  health departments or through county public hospitals owned

25  and operated directly by the county.  The department shall, as

26  its first priority, maximize the number of counties

27  participating in the primary care programs under this section,

28  but shall establish priorities for funding based on need and

29  the willingness of counties to participate.  The department

30  shall select counties for programs through a formal

31  request-for-proposal process that requires compliance with

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  1  program standards for cost-effective quality care and seeks to

  2  maximize access throughout the county.

  3         (b)  Each county's primary care program may utilize any

  4  or all of the following options of providing services:

  5  offering services directly through the county health

  6  departments; contracting with individual or group

  7  practitioners for all or part of the service; or developing

  8  service delivery models which are organized through the county

  9  health departments but which utilize other service or delivery

10  systems available, such as federal primary care programs or

11  prepaid health plans.  In addition, counties shall have the

12  option of pooling resources and joining with neighboring

13  counties in order to fulfill the intent of this section.

14         (c)  Each primary care program shall conform to the

15  requirements and specifications of the department, and shall

16  at a minimum:

17         1.  Adopt a minimum eligibility standard of at least

18  100 percent of the federal nonfarm poverty level.

19         2.  Provide a comprehensive mix of preventive and

20  illness care services.

21         3.  Be family oriented and be easily accessible

22  regardless of income, physical status, or geographical

23  location.

24         4.  Ensure 24-hour telephone access and offer evening

25  and weekend clinic services.

26         5.  Offer continuity of care over time.

27         6.  Make maximum use of existing providers and closely

28  coordinate its services and funding with existing federal

29  primary care programs, especially in rural counties, to ensure

30  efficient use of resources.

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  1         7.  Have a sliding fee schedule based on income for

  2  eligible persons above 100 percent of the federal nonfarm

  3  poverty level.

  4         8.  Include quality assurance provisions and procedures

  5  for evaluation.

  6         9.  Provide early periodic screening diagnostic and

  7  treatment services for Medicaid-eligible children.

  8         10.  Fully utilize and coordinate with rural hospitals

  9  for outpatient services, including contracting for services

10  when advisable in terms of cost-effectiveness and feasibility.

11         Section 3.  Subsection (2) of section 154.12, Florida

12  Statutes, is repealed.

13         Section 4.  Section 381.0408, Florida Statutes, is

14  repealed.

15         Section 5.  Section 408.0014, Florida Statutes, is

16  repealed.

17         Section 6.  Paragraphs (b) and (c) of subsection (2) of

18  section 20.42, Florida Statutes, are amended to read:

19         20.42  Agency for Health Care Administration.--There is

20  created the Agency for Health Care Administration within the

21  Department of Business and Professional Regulation. The agency

22  shall be a separate budget entity, and the director of the

23  agency shall be the agency head for all purposes. The agency

24  shall not be subject to control, supervision, or direction by

25  the Department of Business and Professional Regulation in any

26  manner, including, but not limited to, personnel, purchasing,

27  transactions involving real or personal property, and

28  budgetary matters.

29         (2)  ORGANIZATION OF THE AGENCY.--The agency shall be

30  organized as follows:

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  1         (b)  The Division of Health Policy and Cost Control,

  2  which shall be responsible for health policy, the State Center

  3  for Health Statistics, the development of The Florida Health

  4  Plan, certificate of need, state and local health planning

  5  under s. 408.033, and research and analysis.

  6         (c)  The Division of State Health Purchasing shall be

  7  responsible for the Medicaid program. The division shall also

  8  administer the contracts with the Florida Health Access

  9  Corporation program and the Florida Health Care Purchasing

10  Cooperative and the Florida Healthy Kids Corporation.

11         Section 7.  Paragraph (h) of subsection (2) of section

12  409.9117, Florida Statutes, is amended to read:

13         409.9117  Primary care disproportionate share

14  program.--

15         (2)  In the establishment and funding of this program,

16  the agency shall use the following criteria in addition to

17  those specified in s. 409.911, payments may not be made to a

18  hospital unless the hospital agrees to:

19         (h)  Work with the Florida Healthy Kids Corporation,

20  the Florida Health Care Purchasing Cooperative, the Florida

21  Health Access Corporation, and business health coalitions, as

22  appropriate, to develop a feasibility study and plan to

23  provide a low-cost comprehensive health insurance plan to

24  persons who reside within the area and who do not have access

25  to such a plan.

26

27  Any hospital that fails to comply with any of the provisions

28  of this subsection, or any other contractual condition, may

29  not receive payments under this section until full compliance

30  is achieved.

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  1         Section 8.  Sections 408.002, 408.004, 408.005, and

  2  408.006, Florida Statutes, are repealed.

  3         Section 9.  Paragraph (a) of subsection (4) of section

  4  408.061, Florida Statutes, is amended to read:

  5         408.061  Data collection; uniform systems of financial

  6  reporting; information relating to physician charges;

  7  confidentiality of patient records; immunity.--

  8         (4)(a)  Within 120 days after the end of its fiscal

  9  year, each health care facility shall file with the agency, on

10  forms adopted by the agency and based on the uniform system of

11  financial reporting, its actual financial experience for that

12  fiscal year, including expenditures, revenues, and statistical

13  measures.  Such data may be based on internal financial

14  reports which are certified to be complete and accurate by the

15  provider.  However, hospitals' actual financial experience

16  shall be their audited actual experience. Nursing homes that

17  do not participate in the Medicare or Medicaid programs shall

18  also submit audited actual experience. Every nursing home

19  shall submit to the agency, in a format designated by the

20  agency, a statistical profile of the nursing home residents.

21  The agency, in conjunction with the Department of Elderly

22  Affairs and the Department of Health, shall review these

23  statistical profiles and develop recommendations for the types

24  of residents who might more appropriately be placed in their

25  homes or other noninstitutional settings. The agency shall

26  include its findings in the final Florida Health Plan which

27  must be submitted to the Legislature by December 31, 1993.

28  Included in the findings shall be outcome data and cost

29  differential data as part of patient profiles.

30         Section 10.  Subsections (6) and (7) of section 408.15,

31  Florida Statutes, are amended to read:

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  1         408.15  Powers of the agency.--In addition to the

  2  powers granted to the agency elsewhere in this chapter, the

  3  agency is authorized to:

  4         (6)  Apply for and receive and accept grants, gifts,

  5  and other payments, including property and services, from any

  6  governmental or other public and private entity or person and

  7  make arrangements as to the use of same, including undertaking

  8  special studies and other projects related to The Florida

  9  Health Plan. Funds obtained under this subsection may be used

10  as matching funds for public or private grants.

11         (7)  Seek federal statutory changes and any waivers of

12  federal laws or regulations that will aid in implementing The

13  Florida Health Plan and related health care reforms.  This may

14  include seeking amendments to:

15         (a)  The Employee Retirement and Income Security Act of

16  1974 to permit greater state regulation of employer insurance

17  plans.

18         (b)  The Medicaid program to permit alternative

19  organizational alignments, elimination of all program

20  eligibility requirements except income, and a moratorium on

21  further federal mandates.

22         (c)  The Medicare program to seek state administration

23  of benefits, provider payments, or case management of

24  beneficiaries.

25         (d)  Federal tax laws to permit a 100-percent tax

26  deduction for all private health insurance plans, including

27  those of self-employed persons and unincorporated employers,

28  and reform of the flexible sharing account requirements to

29  maximize pretax health care expenditures.

30

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  1         (e)  Other federal programs to permit full

  2  implementation of The Florida Health Plan and related state

  3  health care reforms.

  4         Section 11.  Section 408.301, Florida Statutes, is

  5  amended to read:

  6         408.301  Legislative findings.--The Legislature has

  7  found that access to quality, affordable, health care for all

  8  Floridians is an important goal for the state.  The

  9  Legislature has charged the Agency for Health Care

10  Administration with the responsibility of developing the

11  Florida Health Plan for assuring access to health care for all

12  Floridians. At the same time, The Legislature recognizes that

13  there are Floridians with special health care and social needs

14  which require particular attention. The people served by the

15  Department of Children and Family Services and the Department

16  of Health are examples of citizens with special needs.  The

17  Legislature further recognizes that the Medicaid program is an

18  intricate part of the service delivery system for the special

19  needs citizens served by or through the Department of Children

20  and Family Services and the Department of Health.  The Agency

21  for Health Care Administration is not a service provider and

22  does not develop or direct programs for the special needs

23  citizens served by or through the Department of Children and

24  Family Services and the Department of Health. Therefore, it is

25  the intent of the Legislature that the Agency for Health Care

26  Administration work closely with the Department of Children

27  and Family Services and the Department of Health in developing

28  plans for assuring access to all Floridians in order to assure

29  that the needs of special citizens are met.

30         Section 12.  Paragraph (b) of subsection (5) of section

31  408.704, Florida Statutes, is amended to read:

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  1         408.704  Agency duties and responsibilities related to

  2  community health purchasing alliances.--The agency shall

  3  assist in developing a statewide system of community health

  4  purchasing alliances.  To this end, the agency is responsible

  5  for:

  6         (5)  Establishing a data system for accountable health

  7  partnerships.

  8         (b)  The advisory data committee shall issue a report

  9  and recommendations on each of the following subjects as each

10  is completed.  A final report covering all subjects must be

11  included in the final Florida Health Plan to be submitted to

12  the Legislature on December 31, 1993.  The report shall

13  include recommendations regarding:

14         1.  Types of data to be collected.  Careful

15  consideration shall be given to other data collection projects

16  and standards for electronic data interchanges already in

17  process in this state and nationally, to evaluating and

18  recommending the feasibility and cost-effectiveness of various

19  data collection activities, and to ensuring that data

20  reporting is necessary to support the evaluation of providers

21  with respect to cost containment, access, quality, control of

22  expensive technologies, and customer satisfaction analysis.

23  Data elements to be collected from providers include prices,

24  utilization, patient outcomes, quality, and patient

25  satisfaction.  The completion of this task is the first

26  priority of the advisory data committee. The agency shall

27  begin implementing these data collection activities

28  immediately upon receipt of the recommendations, but no later

29  than January 1, 1994.  The data shall be submitted by

30  hospitals, other licensed health care facilities, pharmacists,

31  and group practices as defined in s. 455.654(3)(f).

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  1         2.  A standard data set, a standard cost-effective

  2  format for collecting the data, and a standard methodology for

  3  reporting the data to the agency, or its designee, and to the

  4  alliances.  The reporting mechanisms must be designed to

  5  minimize the administrative burden and cost to health care

  6  providers and carriers.  A methodology shall be developed for

  7  aggregating data in a standardized format for making

  8  comparisons between accountable health partnerships which

  9  takes advantage of national models and activities.

10         3.  Methods by which the agency should collect,

11  process, analyze, and distribute the data.

12         4.  Standards for data interpretation.  The advisory

13  data committee shall actively solicit broad input from the

14  provider community, carriers, the business community, and the

15  general public.

16         5.  Structuring the data collection process to:

17         a.  Incorporate safeguards to ensure that the health

18  care services utilization data collected is reviewed by

19  experienced, practicing physicians licensed to practice

20  medicine in this state;

21         b.  Require that carrier customer satisfaction data

22  conclusions are validated by the agency;

23         c.  Protect the confidentiality of medical information

24  to protect the patient's identity and to protect the privacy

25  of individual physicians and patients.  Proprietary data

26  submitted by insurers, providers, and purchasers are

27  confidential pursuant to s. 408.061; and

28         d.  Afford all interested professional medical and

29  hospital associations and carriers a minimum of 60 days to

30  review and comment before data is released to the public.

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  1         6.  Developing a data collection implementation

  2  schedule, based on the data collection capabilities of

  3  carriers and providers.

  4         Section 13.  Section 408.01, Florida Statutes, is

  5  repealed.

  6         Section 14.  Subsection (9) of section 408.02, Florida

  7  Statutes, is repealed.

  8         Section 15.  Paragraph (g) of subsection (1) of section

  9  408.062, Florida Statutes, is repealed.

10         Section 16.  Section 408.30, Florida Statutes, is

11  repealed.

12         Section 17.  Section 408.7071, Florida Statutes, is

13  repealed.

14         Section 18.  Paragraph (c) of subsection (12) and

15  subsection (22) of section 409.908, Florida Statutes, are

16  repealed.

17         Section 19.  Paragraph (f) of subsection (35) of

18  section 409.912, Florida Statutes, is repealed, and paragraph

19  (c) of subsection (3) of said section is amended to read:

20         409.912  Cost-effective purchasing of health care.--The

21  agency shall purchase goods and services for Medicaid

22  recipients in the most cost-effective manner consistent with

23  the delivery of quality medical care.  The agency shall

24  maximize the use of prepaid per capita and prepaid aggregate

25  fixed-sum basis services when appropriate and other

26  alternative service delivery and reimbursement methodologies,

27  including competitive bidding pursuant to s. 287.057, designed

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

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

30  minimize the exposure of recipients to the need for acute

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  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         (c)1.  A federally qualified health center or an entity

  5  owned by one or more federally qualified health centers or an

  6  entity owned by other migrant and community health centers

  7  receiving non-Medicaid financial support from the Federal

  8  Government to provide health care services on a prepaid or

  9  fixed-sum basis to recipients.  Such prepaid health care

10  services entity must be licensed under parts I and III of

11  chapter 641 by January 1, 1998, but shall be prohibited from

12  serving Medicaid recipients on a prepaid basis, until such

13  licensure has been obtained.  However, such an entity is

14  exempt from s. 641.225 if the entity meets the requirements

15  specified in subsections (14) and (15).

16         2.  Until March 1, 2000, only, the licensure

17  requirements under parts I and III of chapter 641 shall not

18  apply to a federally qualified health center, an entity owned

19  by one or more federally qualified health centers, or an

20  entity owned by other migrant and community health centers

21  receiving non-Medicaid financial support from the Federal

22  Government to provide health care services on a prepaid or

23  fixed-sum basis to recipients. These entities are not

24  prohibited from serving Medicaid recipients on a prepaid

25  basis. This subparagraph expires March 1, 2000.

26         Section 20.  Section 514.081, Florida Statutes, is

27  repealed.

28         Section 21.  Section 636.045, Florida Statutes, is

29  amended to read:

30         636.045  Minimum surplus requirements.--

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  1         (1)  Except as provided in subsection (2), Each prepaid

  2  limited health service organization must at all times maintain

  3  a minimum surplus in an amount which is the greater of

  4  $150,000 or 10 percent of total liabilities. Any prepaid

  5  limited health service organization which had a valid

  6  certificate of authority issued pursuant to part I, part II,

  7  or part III of chapter 637, or chapter 638, before October 1,

  8  1993, must maintain the surplus required on September 30,

  9  1993, until the following dates, and then shall increase its

10  surplus as follows:

11

12  Date                                                    Amount

13  January 1, 1994.................................The greater of

14                                           $100,000 or 6 percent

15                                           of total liabilities,

16                                           whichever is greater.

17  January 1, 1995.................................The greater of

18                                           $125,000 or 8 percent

19                                           of total liabilities,

20                                           whichever is greater.

21  January 1, 1996.................................The greater of

22                                          $150,000 or 10 percent

23                                           of total liabilities,

24                                           whichever is greater.

25

26         (2)  The department may not issue a certificate of

27  authority on or after October 1, 1993, unless the prepaid

28  limited health service organization has a minimum surplus in

29  an amount of $150,000 or 10 percent of liabilities, whichever

30  is the greater amount.

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  1         Section 22.  Subsection (9) of section 641.51, Florida

  2  Statutes, is repealed.

  3         Section 23.  Section 859.03, Florida Statutes, is

  4  repealed.

  5         Section 24.  Section 859.05, Florida Statutes, is

  6  repealed.

  7         Section 25.  Section 35 of chapter 93-129, Laws of

  8  Florida, is repealed.

  9         Section 26.  Section 19 of chapter 96-403, Laws of

10  Florida, is repealed.

11         Section 27.  Section 3 of chapter 98-21, Laws of

12  Florida, is repealed.

13         Section 28.  Section 1 of chapter 98-305, Laws of

14  Florida, is repealed.

15         Section 29.  Section 4 of chapter 99-214, Laws of

16  Florida, is repealed.

17         Section 30.  Section 6 of chapter 99-393, Laws of

18  Florida, is repealed.

19         Section 31.  Section 192 of chapter 99-397, Laws of

20  Florida, is repealed.

21         Section 32.  The proviso language following Specific

22  Appropriation 224 of chapter 99-226, Laws of Florida, is

23  amended to read:

24

25  224  SALARIES AND BENEFITS      POSITIONS    884

26        FROM GENERAL REVENUE FUND........  12,856,783

27        FROM ADMINISTRATIVE TRUST FUND........        22,992,867

28        FROM GRANTS AND DONATIONS TRUST FUND........     187,973

29

30         From the funds in Specific Appropriation 224,

31         the Agency for Health Care Administration in

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  1         conjunction with the Department of Children and

  2         Families shall conduct a feasibility study

  3         related to the development and implementation

  4         of a system to automate patient applications

  5         for nursing home care under the Medicaid

  6         program.

  7

  8         The Agency for Health Care Administration and

  9         the Department of Children and Families shall

10         evaluate the potential cost effectiveness of

11         conducting the demonstration project, document

12         potential savings to the state and provide a

13         written report to the chairmen of the Senate

14         Budget Committee and the House Fiscal

15         Responsibility Council and to the Governor no

16         later than February 1, 2000.

17

18         From the funds in Specific Appropriation 224

19         and 225B the agency shall provide support for

20         the Medicaid Formulary study panel.

21

22         The Medicaid Formulary study panel is created

23         and shall consist of the following nine

24         members: three members appointed by the

25         Governor to include the Director of the Agency

26         for Health Care Administration; three members

27         appointed by the Speaker of the House of

28         Representatives to include a Member of the

29         House of Representatives; and three members

30         appointed by the President of the Senate, to

31         include a Member of the Senate. The Governor

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  1         shall appoint a chairperson of the panel from

  2         among the panel membership. The panel shall be

  3         placed for administrative purposes within the

  4         Agency for Health Care Administration. Staff

  5         support for the panel shall be provided by the

  6         Agency for Health Care Administration.

  7

  8         The panel shall prepare recommendations on the

  9         advisability, feasibility and cost

10         effectiveness of implementing an appropriate

11         formulary for the Medicaid program. Included

12         within the recommendations shall be proposals

13         which will ensure quality of care, enhance

14         patient safety, support appropriate

15         utilization, and maximize cost efficiency. In

16         addition, the panel shall when making their

17         recommendations, include studying the pros and

18         cons of an Open Formulary versus a Restricted

19         Formulary, and the impact a formulary will have

20         on the overall Medicaid program.

21

22         In addition, the panel must prepare a plan

23         which must include, but is not limited to, the

24         following specific components: recommended time

25         lines for implementation; an appropriate

26         communication plan to providers and Medicaid

27         beneficiaries; a plan to obtain all required

28         waivers from the federal government;

29         identification of cost savings through a

30         combination of changes in prescription drug

31         utilization, enhanced patient compliance, and

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  1         reduced purchasing costs; development of

  2         appropriate clinical protocols and guidelines;

  3         identification of administrative resources to

  4         support the program; multi-year projections for

  5         benchmarks for additional cost savings; and an

  6         ongoing evaluation plan that includes cost and

  7         quality measures. However, the agency shall not

  8         implement a formulary without specific

  9         legislative authorization.

10

11         Travel and per diem costs of panel members

12         shall be the responsibility of the appointing

13         agency.

14

15         The panel shall present its report to the

16         Governor, the Speaker of the House of

17         Representatives, and the President of the

18         Senate by no later than January 15, 2000.

19         Section 33.  This act shall take effect upon becoming a

20  law.

21

22

23

24

25

26

27

28

29

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