Senate Bill sb2110c1

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    Florida Senate - 2001                           CS for SB 2110

    By the Committee on Health, Aging and Long-Term Care; and
    Senators Silver and Sanderson




    317-1744-01

  1                      A bill to be entitled

  2         An act relating to Medicaid; amending s.

  3         409.906, F.S.; providing that the agency may

  4         restrict or prohibit the provision of services

  5         by mobile providers; providing that Medicaid

  6         will not provide reimbursement for dental

  7         services provided in mobile dental units,

  8         except for certain units; providing an

  9         effective date.

10

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

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13         Section 1.  Section 409.906, Florida Statutes, is

14  amended to read:

15         409.906  Optional Medicaid services.--Subject to

16  specific appropriations, the agency may make payments for

17  services which are optional to the state under Title XIX of

18  the Social Security Act and are furnished by Medicaid

19  providers to recipients who are determined to be eligible on

20  the dates on which the services were provided.  Any optional

21  service that is provided shall be provided only when medically

22  necessary and in accordance with state and federal law.

23  Optional services rendered by providers in mobile units to

24  Medicaid recipients may be restricted or prohibited by the

25  agency. Nothing in this section shall be construed to prevent

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

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

28  making any other adjustments necessary to comply with the

29  availability of moneys and any limitations or directions

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

31  If necessary to safeguard the state's systems of providing

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    Florida Senate - 2001                           CS for SB 2110
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  1  services to elderly and disabled persons and subject to the

  2  notice and review provisions of s. 216.177, the Governor may

  3  direct the Agency for Health Care Administration to amend the

  4  Medicaid state plan to delete the optional Medicaid service

  5  known as "Intermediate Care Facilities for the Developmentally

  6  Disabled."  Optional services may include:

  7         (1)  ADULT DENTURE SERVICES.--The agency may pay for

  8  dentures, the procedures required to seat dentures, and the

  9  repair and reline of dentures, provided by or under the

10  direction of a licensed dentist, for a recipient who is age 21

11  or older. However, Medicaid will not provide reimbursement for

12  dental services provided in a mobile dental unit, except for a

13  mobile dental unit:

14         (a)  Owned or operated by the Department of Health, in

15  compliance with the Medicaid County Health Department Clinic

16  Services program specifications as a County Health Department

17  provider.

18         (b)  Owned or operated by or under contract with a

19  Federally Qualified Health Center, in compliance with the

20  Medicaid Federally Qualified Health Center specifications as a

21  Federally Qualified Health Center provider.

22         (c)  That provides dental services to Medicaid

23  recipients, age 21 and over, at a nursing facility.

24         (2)  ADULT HEALTH SCREENING SERVICES.--The agency may

25  pay for an annual routine physical examination, conducted by

26  or under the direction of a licensed physician, for a

27  recipient age 21 or older, without regard to medical

28  necessity, in order to detect and prevent disease, disability,

29  or other health condition or its progression.

30         (3)  AMBULATORY SURGICAL CENTER SERVICES.--The agency

31  may pay for services provided to a recipient in an ambulatory

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    Florida Senate - 2001                           CS for SB 2110
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  1  surgical center licensed under part I of chapter 395, by or

  2  under the direction of a licensed physician or dentist.

  3         (4)  BIRTH CENTER SERVICES.--The agency may pay for

  4  examinations and delivery, recovery, and newborn assessment,

  5  and related services, provided in a licensed birth center

  6  staffed with licensed physicians, certified nurse midwives,

  7  and midwives licensed in accordance with chapter 467, to a

  8  recipient expected to experience a low-risk pregnancy and

  9  delivery.

10         (5)  CASE MANAGEMENT SERVICES.--The agency may pay for

11  primary care case management services rendered to a recipient

12  pursuant to a federally approved waiver, and targeted case

13  management services for specific groups of targeted

14  recipients, for which funding has been provided and which are

15  rendered pursuant to federal guidelines. The agency is

16  authorized to limit reimbursement for targeted case management

17  services in order to comply with any limitations or directions

18  provided for in the General Appropriations Act.

19  Notwithstanding s. 216.292, the Department of Children and

20  Family Services may transfer general funds to the Agency for

21  Health Care Administration to fund state match requirements

22  exceeding the amount specified in the General Appropriations

23  Act for targeted case management services.

24         (6)  CHILDREN'S DENTAL SERVICES.--The agency may pay

25  for diagnostic, preventive, or corrective procedures,

26  including orthodontia in severe cases, provided to a recipient

27  under age 21, by or under the supervision of a licensed

28  dentist.  Services provided under this program include

29  treatment of the teeth and associated structures of the oral

30  cavity, as well as treatment of disease, injury, or impairment

31  that may affect the oral or general health of the individual.

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    Florida Senate - 2001                           CS for SB 2110
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  1  However, Medicaid will not provide reimbursement for dental

  2  services provided in a mobile dental unit, except for a mobile

  3  dental unit:

  4         (a)  Owned or operated by the Department of Health, in

  5  compliance with the Medicaid County Health Department Clinic

  6  Services program specifications as a County Health Department

  7  provider.

  8         (b)  Owned or operated by or under contract with a

  9  Federally Qualified Health Center, in compliance with the

10  Medicaid Federally Qualified Health Center specifications as a

11  Federally Qualified Health Center provider.

12         (c)  That provides dental services to Medicaid

13  recipients, age 21 and over, at a nursing facility.

14         (7)  CHIROPRACTIC SERVICES.--The agency may pay for

15  manual manipulation of the spine and initial services,

16  screening, and X rays provided to a recipient by a licensed

17  chiropractic physician.

18         (8)  COMMUNITY MENTAL HEALTH SERVICES.--The agency may

19  pay for rehabilitative services provided to a recipient by a

20  mental health or substance abuse provider licensed by the

21  agency and under contract with the agency or the Department of

22  Children and Family Services to provide such services.  Those

23  services which are psychiatric in nature shall be rendered or

24  recommended by a psychiatrist, and those services which are

25  medical in nature shall be rendered or recommended by a

26  physician or psychiatrist. The agency must develop a provider

27  enrollment process for community mental health providers which

28  bases provider enrollment on an assessment of service need.

29  The provider enrollment process shall be designed to control

30  costs, prevent fraud and abuse, consider provider expertise

31  and capacity, and assess provider success in managing

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    Florida Senate - 2001                           CS for SB 2110
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  1  utilization of care and measuring treatment outcomes.

  2  Providers will be selected through a competitive procurement

  3  or selective contracting process. In addition to other

  4  community mental health providers, the agency shall consider

  5  for enrollment mental health programs licensed under chapter

  6  395 and group practices licensed under chapter 458, chapter

  7  459, chapter 490, or chapter 491. The agency is also

  8  authorized to continue operation of its behavioral health

  9  utilization management program and may develop new services if

10  these actions are necessary to ensure savings from the

11  implementation of the utilization management system. The

12  agency shall coordinate the implementation of this enrollment

13  process with the Department of Children and Family Services

14  and the Department of Juvenile Justice. The agency is

15  authorized to utilize diagnostic criteria in setting

16  reimbursement rates, to preauthorize certain high-cost or

17  highly utilized services, to limit or eliminate coverage for

18  certain services, or to make any other adjustments necessary

19  to comply with any limitations or directions provided for in

20  the General Appropriations Act.

21         (9)  DIALYSIS FACILITY SERVICES.--Subject to specific

22  appropriations being provided for this purpose, the agency may

23  pay a dialysis facility that is approved as a dialysis

24  facility in accordance with Title XVIII of the Social Security

25  Act, for dialysis services that are provided to a Medicaid

26  recipient under the direction of a physician licensed to

27  practice medicine or osteopathic medicine in this state,

28  including dialysis services provided in the recipient's home

29  by a hospital-based or freestanding dialysis facility.

30         (10)  DURABLE MEDICAL EQUIPMENT.--The agency may

31  authorize and pay for certain durable medical equipment and

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    Florida Senate - 2001                           CS for SB 2110
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  1  supplies provided to a Medicaid recipient as medically

  2  necessary.

  3         (11)  HEALTHY START SERVICES.--The agency may pay for a

  4  continuum of risk-appropriate medical and psychosocial

  5  services for the Healthy Start program in accordance with a

  6  federal waiver. The agency may not implement the federal

  7  waiver unless the waiver permits the state to limit enrollment

  8  or the amount, duration, and scope of services to ensure that

  9  expenditures will not exceed funds appropriated by the

10  Legislature or available from local sources. If the Health

11  Care Financing Administration does not approve a federal

12  waiver for Healthy Start services, the agency, in consultation

13  with the Department of Health and the Florida Association of

14  Healthy Start Coalitions, is authorized to establish a

15  Medicaid certified-match program for Healthy Start services.

16  Participation in the Healthy Start certified-match program

17  shall be voluntary, and reimbursement shall be limited to the

18  federal Medicaid share to Medicaid-enrolled Healthy Start

19  coalitions for services provided to Medicaid recipients. The

20  agency shall take no action to implement a certified-match

21  program without ensuring that the amendment and review

22  requirements of ss. 216.177 and 216.181 have been met.

23         (12)  HEARING SERVICES.--The agency may pay for hearing

24  and related services, including hearing evaluations, hearing

25  aid devices, dispensing of the hearing aid, and related

26  repairs, if provided to a recipient by a licensed hearing aid

27  specialist, otolaryngologist, otologist, audiologist, or

28  physician.

29         (13)  HOME AND COMMUNITY-BASED SERVICES.--The agency

30  may pay for home-based or community-based services that are

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    Florida Senate - 2001                           CS for SB 2110
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  1  rendered to a recipient in accordance with a federally

  2  approved waiver program.

  3         (14)  HOSPICE CARE SERVICES.--The agency may pay for

  4  all reasonable and necessary services for the palliation or

  5  management of a recipient's terminal illness, if the services

  6  are provided by a hospice that is licensed under part VI of

  7  chapter 400 and meets Medicare certification requirements.

  8         (15)  INTERMEDIATE CARE FACILITY FOR THE

  9  DEVELOPMENTALLY DISABLED SERVICES.--The agency may pay for

10  health-related care and services provided on a 24-hour-a-day

11  basis by a facility licensed and certified as a Medicaid

12  Intermediate Care Facility for the Developmentally Disabled,

13  for a recipient who needs such care because of a developmental

14  disability.

15         (16)  INTERMEDIATE CARE SERVICES.--The agency may pay

16  for 24-hour-a-day intermediate care nursing and rehabilitation

17  services rendered to a recipient in a nursing facility

18  licensed under part II of chapter 400, if the services are

19  ordered by and provided under the direction of a physician.

20         (17)  OPTOMETRIC SERVICES.--The agency may pay for

21  services provided to a recipient, including examination,

22  diagnosis, treatment, and management, related to ocular

23  pathology, if the services are provided by a licensed

24  optometrist or physician.

25         (18)  PHYSICIAN ASSISTANT SERVICES.--The agency may pay

26  for all services provided to a recipient by a physician

27  assistant licensed under s. 458.347 or s. 459.022.

28  Reimbursement for such services must be not less than 80

29  percent of the reimbursement that would be paid to a physician

30  who provided the same services.

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    Florida Senate - 2001                           CS for SB 2110
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  1         (19)  PODIATRIC SERVICES.--The agency may pay for

  2  services, including diagnosis and medical, surgical,

  3  palliative, and mechanical treatment, related to ailments of

  4  the human foot and lower leg, if provided to a recipient by a

  5  podiatric physician licensed under state law.

  6         (20)  PRESCRIBED DRUG SERVICES.--The agency may pay for

  7  medications that are prescribed for a recipient by a physician

  8  or other licensed practitioner of the healing arts authorized

  9  to prescribe medications and that are dispensed to the

10  recipient by a licensed pharmacist or physician in accordance

11  with applicable state and federal law.

12         (21)  REGISTERED NURSE FIRST ASSISTANT SERVICES.--The

13  agency may pay for all services provided to a recipient by a

14  registered nurse first assistant as described in s. 464.027.

15  Reimbursement for such services may not be less than 80

16  percent of the reimbursement that would be paid to a physician

17  providing the same services.

18         (22)  STATE HOSPITAL SERVICES.--The agency may pay for

19  all-inclusive psychiatric inpatient hospital care provided to

20  a recipient age 65 or older in a state mental hospital.

21         (23)  VISUAL SERVICES.--The agency may pay for visual

22  examinations, eyeglasses, and eyeglass repairs for a

23  recipient, if they are prescribed by a licensed physician

24  specializing in diseases of the eye or by a licensed

25  optometrist.

26         (24)  CHILD-WELFARE-TARGETED CASE MANAGEMENT.--The

27  Agency for Health Care Administration, in consultation with

28  the Department of Children and Family Services, may establish

29  a targeted case-management pilot project in those counties

30  identified by the Department of Children and Family Services

31  and for the community-based child welfare project in Sarasota

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    Florida Senate - 2001                           CS for SB 2110
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  1  and Manatee counties, as authorized under s. 409.1671. These

  2  projects shall be established for the purpose of determining

  3  the impact of targeted case management on the child welfare

  4  program and the earnings from the child welfare program.

  5  Results of the pilot projects shall be reported to the Child

  6  Welfare Estimating Conference and the Social Services

  7  Estimating Conference established under s. 216.136. The number

  8  of projects may not be increased until requested by the

  9  Department of Children and Family Services, recommended by the

10  Child Welfare Estimating Conference and the Social Services

11  Estimating Conference, and approved by the Legislature. The

12  covered group of individuals who are eligible to receive

13  targeted case management include children who are eligible for

14  Medicaid; who are between the ages of birth through 21; and

15  who are under protective supervision or postplacement

16  supervision, under foster-care supervision, or in shelter care

17  or foster care. The number of individuals who are eligible to

18  receive targeted case management shall be limited to the

19  number for whom the Department of Children and Family Services

20  has available matching funds to cover the costs. The general

21  revenue funds required to match the funds for services

22  provided by the community-based child welfare projects are

23  limited to funds available for services described under s.

24  409.1671. The Department of Children and Family Services may

25  transfer the general revenue matching funds as billed by the

26  Agency for Health Care Administration.

27         Section 2.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                           CS for SB 2110
    317-1744-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2110

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  4  The Committee Substitute authorizes the Agency for Health Care
    Administration to restrict or prohibit reimbursement for
  5  optional Medicaid services rendered by providers in mobile
    units.
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