Senate Bill sb0792c2

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    Florida Senate - 2001                     CS for CS for SB 792

    By the Committees on Appropriations; Health, Aging and
    Long-Term Care; and Senator Silver




    309-1976A-01

  1                      A bill to be entitled

  2         An act relating to the Agency for Health Care

  3         Administration; amending s. 409.904, F.S.;

  4         providing for the agency to pay for health

  5         insurance premiums for certain

  6         Medicaid-eligible persons; providing for the

  7         agency to pay for specified cancer treatment;

  8         providing Medicaid eligibility for certain

  9         disabled persons under a Medicaid buy-in

10         program, subject to specific federal

11         authorization; directing the Agency for Health

12         Care Administration to seek a federal grant,

13         demonstration project, or waiver for

14         establishment of such buy-in program, subject

15         to a specific appropriation; amending s.

16         409.905, F.S.; prescribing conditions upon

17         which an adjustment in a hospital's inpatient

18         per diem rate may be based; prescribing

19         additional limitations that may be placed on

20         hospital inpatient services under Medicaid;

21         amending s. 409.906, F.S.; providing for

22         reimbursement and use-management reforms with

23         respect to community mental health services;

24         revising standards for payable intermediate

25         care services; authorizing the agency to pay

26         for assistive-care services; amending s.

27         409.908, F.S.; revising standards, guidelines,

28         and limitations relating to reimbursement of

29         Medicaid providers; amending s. 409.911, F.S.;

30         updating data requirements and share rates for

31         disproportionate share distributions; amending

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  1         s. 409.9116, F.S.; modifying the formula for

  2         disproportionate share/financial assistance

  3         distribution to rural hospitals; amending s.

  4         409.91195, F.S.; requiring the Medicaid

  5         Pharmaceutical and Therapeutics Committee to

  6         recommend a preferred drug formulary; revising

  7         the membership of the Medicaid Pharmaceutical

  8         and Therapeutics Committee; authorizing the

  9         Agency for Health Care Administration to

10         implement a prior authorization program for

11         outpatient prescription drugs under the

12         Medicaid program; providing duties of the

13         committee in advising the agency with respect

14         to prior authorization for drugs; providing

15         requirements for the program; requiring public

16         notice and comment; requiring the committee to

17         develop a grievance mechanism; requiring the

18         agency to publish the preferred drug formulary;

19         amending s. 409.912, F.S.; authorizing the

20         agency to establish requirements for prior

21         authorization for certain populations, drug

22         classes, or particular drugs; specifying

23         conditions under which the agency may enter

24         certain contracts with exclusive provider

25         organizations; revising components of the

26         agency's spending-control program; prescribing

27         additional services that the agency may provide

28         through competitive bidding; authorizing the

29         agency to establish, and make exceptions to, a

30         restricted-drug formulary; directing the agency

31         to establish a demonstration project in

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  1         Miami-Dade County to provide minority health

  2         care; amending s. 409.9122, F.S.; providing for

  3         disproportionate assignment of certain

  4         Medicaid-eligible children to children's clinic

  5         networks; providing for assignment of certain

  6         Medicaid recipients to managed-care plans;

  7         amending s. 409.915, F.S.; exempting counties

  8         from contributing toward the increased cost of

  9         hospital inpatient services due to elimination

10         of Medicaid ceilings on certain types of

11         hospitals and for special Medicaid

12         reimbursement to hospitals; revising the level

13         of county participation; providing for

14         distribution of funds under the

15         disproportionate share program for specified

16         hospitals for the 2001 federal fiscal year;

17         providing effective dates.

18

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

20

21         Section 1.  Subsections (9), (10), and (11) are added

22  to section 409.904, Florida Statutes, to read:

23         409.904  Optional payments for eligible persons.--The

24  agency may make payments for medical assistance and related

25  services on behalf of the following persons who are determined

26  to be eligible subject to the income, assets, and categorical

27  eligibility tests set forth in federal and state law. Payment

28  on behalf of these Medicaid eligible persons is subject to the

29  availability of moneys and any limitations established by the

30  General Appropriations Act or chapter 216.

31

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  1         (9)  A Medicaid-eligible individual for the

  2  individual's health insurance premiums, if the agency

  3  determines that such payments are cost-effective.

  4         (10)  Eligible women with incomes below 200 percent of

  5  the federal poverty level and under age 65, for cancer

  6  treatment pursuant to the federal Breast and Cervical Cancer

  7  Prevention and Treatment Act of 2000, screened through the

  8  National Breast and Cervical Cancer Early Detection program.

  9         (11)  Subject to specific federal authorization, a

10  person who, but for earnings in excess of the limit

11  established under s. 1905(q)(2)(B) of the Social Security Act,

12  would be considered for receiving supplemental security

13  income, who is at least 16 but less than 65 years of age, and

14  whose assets, resources, and earned or unearned income, or

15  both, do not exceed 250 percent of the most current federal

16  poverty level. Such persons may be eligible for Medicaid

17  services as part of a Medicaid buy-in established under s.

18  409.914(2) specifically designed to accommodate those persons

19  made eligible for such a buy-in by Title II of Pub. L. No.

20  106-170. Such buy-in shall include income-related premiums and

21  cost sharing.

22         Section 2.  Subject to a specific appropriation, the

23  Agency for Health Care Administration is directed to seek a

24  federal grant, demonstration project, or waiver, as may be

25  authorized by the United States Department of Health and Human

26  Services, for purposes of establishing a Medicaid buy-in

27  program or other programs to assist individuals with

28  disabilities in gaining employment. The services to be

29  provided are those required to enable such individuals to gain

30  or keep employment. The grant, demonstration project, or

31  waiver shall be submitted to the Secretary of Health and Human

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  1  Services at such time, in such manner, and containing such

  2  information as the secretary shall require, as authorized

  3  under Title II of Pub. L. No. 106-170, the "Ticket to Work and

  4  Work Incentives Act of 1999."

  5         Section 3.  Subsection (5) of section 409.905, Florida

  6  Statutes, is amended to read:

  7         409.905  Mandatory Medicaid services.--The agency may

  8  make payments for the following services, which are required

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

10  furnished by Medicaid providers to recipients who are

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

12  were provided.  Any service under this section shall be

13  provided only when medically necessary and in accordance with

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

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

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

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

18  the availability of moneys and any limitations or directions

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

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

21  for all covered services provided for the medical care and

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

23  licensed physician or dentist to a hospital licensed under

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

25  payment for inpatient hospital services for a Medicaid

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

27  days necessary to comply with the General Appropriations Act.

28         (a)  The agency is authorized to implement

29  reimbursement and utilization management reforms in order to

30  comply with any limitations or directions in the General

31  Appropriations Act, which may include, but are not limited to:

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  1  prior authorization for inpatient psychiatric days; prior

  2  authorization for nonemergency hospital inpatient admissions

  3  for individuals 21 years of age and older; authorization of

  4  emergency and urgent-care admissions within 24 hours after

  5  admission; enhanced utilization and concurrent review programs

  6  for highly utilized services; reduction or elimination of

  7  covered days of service; adjusting reimbursement ceilings for

  8  variable costs; adjusting reimbursement ceilings for fixed and

  9  property costs; and implementing target rates of increase. The

10  agency may limit prior authorization for hospital inpatient

11  services to selected diagnosis-related groups, based on an

12  analysis of the cost and potential for unnecessary

13  hospitalizations represented by certain diagnoses. Admissions

14  for normal delivery and newborns are exempt from requirements

15  for prior authorization. In implementing the provisions of

16  this section related to prior authorization, the agency shall

17  ensure that the process for authorization is accessible 24

18  hours per day, 7 days per week and authorization is

19  automatically granted when not denied within 4 hours after the

20  request. Authorization procedures must include steps for

21  review of denials. Upon implementing the prior authorization

22  program for hospital inpatient services, the agency shall

23  discontinue its hospital retrospective review program.

24         (b)  A licensed hospital maintained primarily for the

25  care and treatment of patients having mental disorders or

26  mental diseases is not eligible to participate in the hospital

27  inpatient portion of the Medicaid program except as provided

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

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

30  provide hospitalization services for mental health reasons to

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

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

  2  opportunity to pay for care in hospitals known under federal

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

  4  waiver proposal shall propose no additional aggregate cost to

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

  6  Hillsborough County, Highlands County, Hardee County, Manatee

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

  8  competitive bidding for hospital services, comprehensive

  9  brokering, prepaid capitated arrangements, or other mechanisms

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

11  of acute care and increasing the effectiveness of preventive

12  care.  When developing the waiver proposal, the department

13  shall take into account price, quality, accessibility,

14  linkages of the hospital to community services and family

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

16  discharge possible, and the comprehensiveness of the mental

17  health and other health care services offered by participating

18  providers.

19         (c)  Agency for Health Care Administration shall adjust

20  a hospital's current inpatient per diem rate to reflect the

21  cost of serving the Medicaid population at that institution

22  if:

23         1.  The hospital experiences an increase in Medicaid

24  caseload by more than 25 percent in any year, primarily

25  resulting from the closure of a hospital in the same service

26  area occurring after July 1, 1995; or

27         2.  The hospital's Medicaid per diem rate is at least

28  25 percent below the Medicaid per patient cost for that year.

29

30  No later than November 1, 2001 2000, the agency must provide

31  estimated costs for any adjustment in a hospital inpatient per

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  1  diem pursuant to this paragraph to the Executive Office of the

  2  Governor, the House of Representatives General Appropriations

  3  Committee, and the Senate Appropriations Budget Committee.

  4  Before the agency implements a change in a hospital's

  5  inpatient per diem rate pursuant to this paragraph, the

  6  Legislature must have specifically appropriated sufficient

  7  funds in the 2001-2002 General Appropriations Act to support

  8  the increase in cost as estimated by the agency. This

  9  paragraph is repealed on July 1, 2001.

10         Section 4.  Subsection (8) of section 409.906, Florida

11  Statutes, is amended, and subsection (25) is added to that

12  section, to read:

13         409.906  Optional Medicaid services.--Subject to

14  specific appropriations, the agency may make payments for

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

16  the Social Security Act and are furnished by Medicaid

17  providers to recipients who are determined to be eligible on

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

19  service that is provided shall be provided only when medically

20  necessary and in accordance with state and federal law.

21  Nothing in this section shall be construed to prevent or limit

22  the agency from adjusting fees, reimbursement rates, lengths

23  of stay, number of visits, or number of services, or making

24  any other adjustments necessary to comply with the

25  availability of moneys and any limitations or directions

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

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

28  services to elderly and disabled persons and subject to the

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

30  direct the Agency for Health Care Administration to amend the

31  Medicaid state plan to delete the optional Medicaid service

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  1  known as "Intermediate Care Facilities for the Developmentally

  2  Disabled."  Optional services may include:

  3         (8)  COMMUNITY MENTAL HEALTH SERVICES.--

  4         (a)  The agency may pay for rehabilitative services

  5  provided to a recipient by a mental health or substance abuse

  6  provider licensed by the agency and under contract with the

  7  agency or the Department of Children and Family Services to

  8  provide such services.  Those services which are psychiatric

  9  in nature shall be rendered or recommended by a psychiatrist,

10  and those services which are medical in nature shall be

11  rendered or recommended by a physician or psychiatrist. The

12  agency must develop a provider enrollment process for

13  community mental health providers which bases provider

14  enrollment on an assessment of service need. The provider

15  enrollment process shall be designed to control costs, prevent

16  fraud and abuse, consider provider expertise and capacity, and

17  assess provider success in managing utilization of care and

18  measuring treatment outcomes. Providers will be selected

19  through a competitive procurement or selective contracting

20  process. In addition to other community mental health

21  providers, the agency shall consider for enrollment mental

22  health programs licensed under chapter 395 and group practices

23  licensed under chapter 458, chapter 459, chapter 490, or

24  chapter 491. The agency is also authorized to continue

25  operation of its behavioral health utilization management

26  program and may develop new services if these actions are

27  necessary to ensure savings from the implementation of the

28  utilization management system. The agency shall coordinate the

29  implementation of this enrollment process with the Department

30  of Children and Family Services and the Department of Juvenile

31  Justice. The agency is authorized to utilize diagnostic

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  1  criteria in setting reimbursement rates, to preauthorize

  2  certain high-cost or highly utilized services, to limit or

  3  eliminate coverage for certain services, or to make any other

  4  adjustments necessary to comply with any limitations or

  5  directions provided for in the General Appropriations Act.

  6         (b)  The agency is authorized to implement

  7  reimbursement and use management reforms in order to comply

  8  with any limitations or directions in the General

  9  Appropriations Act, which may include, but are not limited to:

10  prior authorization of treatment and service plans; prior

11  authorization of services; enhanced use review programs for

12  highly used services; and limits on services for those

13  determined to be abusing their benefit coverages.

14         (25)  ASSISTIVE-CARE SERVICES.--The agency may pay for

15  assistive-care services provided to recipients with functional

16  or cognitive impairments residing in assisted living

17  facilities, adult family-care homes, or residential treatment

18  facilities. These services may include health support,

19  assistance with the activities of daily living and the

20  instrumental acts of daily living, assistance with medication

21  administration, and arrangements for health care.

22         Section 5.  Paragraph (a) of subsection (1), paragraph

23  (b) of subsection (2), and subsections (4), (9), (11), (13),

24  (14), and (18) of section 409.908, Florida Statutes, are

25  amended, and subsection (22) is added to that section, to

26  read:

27         409.908  Reimbursement of Medicaid providers.--Subject

28  to specific appropriations, the agency shall reimburse

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

30  according to methodologies set forth in the rules of the

31  agency and in policy manuals and handbooks incorporated by

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  1  reference therein.  These methodologies may include fee

  2  schedules, reimbursement methods based on cost reporting,

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

  4  and other mechanisms the agency considers efficient and

  5  effective for purchasing services or goods on behalf of

  6  recipients.  Payment for Medicaid compensable services made on

  7  behalf of Medicaid eligible persons is subject to the

  8  availability of moneys and any limitations or directions

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

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

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

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

13  making any other adjustments necessary to comply with the

14  availability of moneys and any limitations or directions

15  provided for in the General Appropriations Act, provided the

16  adjustment is consistent with legislative intent.

17         (1)  Reimbursement to hospitals licensed under part I

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

19  negotiation.

20         (a)  Reimbursement for inpatient care is limited as

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

22         1.  The raising of rate reimbursement caps, excluding

23  rural hospitals.

24         2.  Recognition of the costs of graduate medical

25  education.

26         3.  Other methodologies recognized in the General

27  Appropriations Act.

28

29  During the years funds are transferred from the Department of

30  Health Board of Regents, any reimbursement supported by such

31  funds shall be subject to certification by the Department of

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  1  Health Board of Regents that the hospital has complied with s.

  2  381.0403. The agency is authorized to receive funds from state

  3  entities, including, but not limited to, the Department of

  4  Health Board of Regents, local governments, and other local

  5  political subdivisions, for the purpose of making special

  6  exception payments, including federal matching funds, through

  7  the Medicaid inpatient reimbursement methodologies. Funds

  8  received from state entities or local governments for this

  9  purpose shall be separately accounted for and shall not be

10  commingled with other state or local funds in any manner. The

11  agency may certify all local governmental funds used as state

12  match under Title XIX of the Social Security Act, to the

13  extent that the identified local health care provider that is

14  otherwise entitled to and is contracted to receive such local

15  funds is the benefactor under the state's Medicaid program as

16  determined under the General Appropriations Act and pursuant

17  to an agreement between the Agency for Health Care

18  Administration and the local governmental entity. The local

19  governmental entity shall use a certification form prescribed

20  by the agency. At a minimum, the certification form shall

21  identify the amount being certified and describe the

22  relationship between the certifying local governmental entity

23  and the local health care provider. The agency shall prepare

24  an annual statement of impact which documents the specific

25  activities undertaken during the previous fiscal year pursuant

26  to this paragraph, to be submitted to the Legislature no later

27  than January 1, annually. Notwithstanding this section and s.

28  409.915, counties are exempt from contributing toward the cost

29  of the special exception reimbursement for hospitals serving a

30  disproportionate share of low-income persons and providing

31  graduate medical education.

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  1         (2)

  2         (b)  Subject to any limitations or directions provided

  3  for in the General Appropriations Act, the agency shall

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

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

  6  to provide care and services in conformance with the

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

  8  quality and safety standards and to ensure that individuals

  9  eligible for medical assistance have reasonable geographic

10  access to such care. The agency shall not provide for any

11  increases for patient care or operating components of

12  reimbursement rates to nursing homes associated with changes

13  in ownership or licensed operators filed on or after October

14  1, 2001. Under the plan, interim rate adjustments shall not be

15  granted to reflect increases in the cost of general or

16  professional liability insurance for nursing homes unless the

17  following criteria are met: have at least a 65 percent

18  Medicaid utilization in the most recent cost report submitted

19  to the agency, and the increase in general or professional

20  liability costs to the facility for the most recent policy

21  period affects the total Medicaid per diem by at least 5

22  percent. This rate adjustment shall not result in the per diem

23  exceeding the class ceiling. This provision shall apply only

24  to fiscal year 2000-2001 and shall be implemented to the

25  extent existing appropriations are available. The agency shall

26  report to the Governor, the Speaker of the House of

27  Representatives, and the President of the Senate by December

28  31, 2000, on the cost of liability insurance for Florida

29  nursing homes for fiscal years 1999 and 2000 and the extent to

30  which these costs are not being compensated by the Medicaid

31  program. Medicaid-participating nursing homes shall be

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  1  required to report to the agency information necessary to

  2  compile this report. Effective no earlier than the

  3  rate-setting period beginning April 1, 1999, The agency shall

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

  5  payment for long-term care services for nursing home

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

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

  8  resident classification system that accounts for the relative

  9  resource utilization by different types of residents and which

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

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

12  account the medical, behavioral, and cognitive deficits of

13  residents. In developing the reimbursement methodology, the

14  agency shall evaluate and modify other aspects of the

15  reimbursement plan as necessary to improve the overall

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

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

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

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

20  more adequately cover the cost of services provided in the

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

22  Department of Elderly Affairs, the Florida Health Care

23  Association, and the Florida Association of Homes for the

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

25  Legislature that the reimbursement plan achieve the goal of

26  providing access to health care for nursing home residents who

27  require large amounts of care while encouraging diversion

28  services as an alternative to nursing home care for residents

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

30  the establishment of any maximum rate of payment, whether

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

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

  2  maximum rate of payment on the results of scientifically valid

  3  analysis and conclusions derived from objective statistical

  4  data pertinent to the particular maximum rate of payment.

  5         (4)  Subject to any limitations or directions provided

  6  for in the General Appropriations Act, alternative health

  7  plans, health maintenance organizations, and prepaid health

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

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

10  prospectively paid to the provider monthly for each Medicaid

11  recipient enrolled.  The amount may not exceed the average

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

13  claims experience, for recipients in the same or similar

14  category of eligibility.  The agency shall calculate

15  capitation rates on a regional basis and, beginning September

16  1, 1995, shall include age-band differentials in such

17  calculations. Effective July 1, 2001, the cost of exempting

18  statutory teaching hospitals, specialty hospitals, and

19  community hospital education program hospitals from

20  reimbursement ceilings and the cost of special Medicaid

21  payments shall not be included in premiums paid to health

22  maintenance organizations or prepaid health care plans.

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

24  medical supplies and appliances shall be reimbursed on the

25  basis of competitive bidding or for the lesser of the amount

26  billed by the provider or the agency's established maximum

27  allowable amount, except that, in the case of the rental of

28  durable medical equipment, the total rental payments may not

29  exceed the purchase price of the equipment over its expected

30  useful life or the agency's established maximum allowable

31  amount, whichever amount is less.

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  1         (11)  A provider of independent laboratory services

  2  shall be reimbursed on the basis of competitive bidding or for

  3  the least of the amount billed by the provider, the provider's

  4  usual and customary charge, or the Medicaid maximum allowable

  5  fee established by the agency.

  6         (13)  Medicare premiums for persons eligible for both

  7  Medicare and Medicaid coverage shall be paid at the rates

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

  9  Medicare services rendered to Medicaid-eligible persons,

10  Medicaid shall pay Medicare deductibles and coinsurance as

11  follows:

12         (a)  Medicaid shall make no payment toward deductibles

13  and coinsurance for any service that is not covered by

14  Medicaid.

15         (b)  Medicaid's financial obligation for deductibles

16  and coinsurance payments shall be based on Medicare allowable

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

18         (c)  Medicaid will pay no portion of Medicare

19  deductibles and coinsurance when payment that Medicare has

20  made for the service equals or exceeds what Medicaid would

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

22  of Medicare and Medicaid shall not exceed the amount Medicaid

23  would have paid had it been the sole payor. The Legislature

24  finds that there has been confusion regarding the

25  reimbursement for services rendered to dually eligible

26  Medicare beneficiaries. Accordingly, the Legislature clarifies

27  that it has always been the intent of the Legislature before

28  and after 1991 that, in reimbursing in accordance with fees

29  established by Title XVIII for premiums, deductibles, and

30  coinsurance for Medicare services rendered by physicians to

31  Medicaid eligible persons, physicians be reimbursed at the

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  1  lesser of the amount billed by the physician or the Medicaid

  2  maximum allowable fee established by the Agency for Health

  3  Care Administration, as is permitted by federal law. It has

  4  never been the intent of the Legislature with regard to such

  5  services rendered by physicians that Medicaid be required to

  6  provide any payment for deductibles, coinsurance, or

  7  copayments for Medicare cost sharing, or any expenses incurred

  8  relating thereto, in excess of the payment amount provided for

  9  under the State Medicaid plan for such service. This payment

10  methodology is applicable even in those situations in which

11  the payment for Medicare cost sharing for a qualified Medicare

12  beneficiary with respect to an item or service is reduced or

13  eliminated. This expression of the Legislature is in

14  clarification of existing law and shall apply to payment for,

15  and with respect to provider agreements with respect to, items

16  or services furnished on or after the effective date of this

17  act. This paragraph applies to payment by Medicaid for items

18  and services furnished before the effective date of this act

19  if such payment is the subject of a lawsuit that is based on

20  the provisions of this section, and that is pending as of, or

21  is initiated after, the effective date of this act.

22         (d)  Notwithstanding The following provisions are

23  exceptions to paragraphs (a)-(c):

24         1.  Medicaid payments for Nursing Home Medicare part A

25  coinsurance shall be the lesser of the Medicare coinsurance

26  amount or the Medicaid nursing home per diem rate.

27         2.  Medicaid shall pay all deductibles and coinsurance

28  for Nursing Home Medicare part B services.

29         2.3.  Medicaid shall pay all deductibles and

30  coinsurance for Medicare-eligible recipients receiving

31  freestanding end stage renal dialysis center services.

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  1         4.  Medicaid shall pay all deductibles and coinsurance

  2  for hospital outpatient Medicare part B services.

  3         3.5.  Medicaid payments for general hospital inpatient

  4  services shall be limited to the Medicare deductible per spell

  5  of illness.  Medicaid shall make no payment toward coinsurance

  6  for Medicare general hospital inpatient services.

  7         4.6.  Medicaid shall pay all deductibles and

  8  coinsurance for Medicare emergency transportation services

  9  provided by ambulances licensed pursuant to chapter 401.

10         (14)  A provider of prescribed drugs shall be

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

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

13  allowable fee established by the agency, plus a dispensing

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

15  fee for payments for prescribed medicines while ensuring

16  continued access for Medicaid recipients.  The variable

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

18  or both the volume of prescriptions dispensed by a specific

19  pharmacy provider and the volume of prescriptions dispensed to

20  an individual recipient. The agency is authorized to limit

21  reimbursement for prescribed medicine in order to comply with

22  any limitations or directions provided for in the General

23  Appropriations Act, which may include implementing a

24  prospective or concurrent utilization review program.

25         (18)  Unless otherwise provided for in the General

26  Appropriations Act, a provider of transportation services

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

28  provider or the Medicaid maximum allowable fee established by

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

30  contract with the provider, or with a community transportation

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

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  1  when services are provided pursuant to an agreement negotiated

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

  3  for in s. 427.0135, shall purchase transportation services

  4  through the community coordinated transportation system, if

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

  6  method for Medicaid clients. Nothing in this subsection shall

  7  be construed to limit or preclude the agency from contracting

  8  for services using a prepaid capitation rate or from

  9  establishing maximum fee schedules, individualized

10  reimbursement policies by provider type, negotiated fees,

11  prior authorization, competitive bidding, increased use of

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

13  efficient and effective for the purchase of services on behalf

14  of Medicaid clients, including implementing a transportation

15  eligibility process. The agency shall not be required to

16  contract with any community transportation coordinator or

17  transportation operator that has been determined by the

18  agency, the Department of Legal Affairs Medicaid Fraud Control

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

20  any abusive or fraudulent billing activities. The agency is

21  authorized to competitively procure transportation services or

22  make other changes necessary to secure approval of federal

23  waivers needed to permit federal financing of Medicaid

24  transportation services at the service matching rate rather

25  than the administrative matching rate.

26         (22)  The agency may request and implement Medicaid

27  waivers from the federal Health Care Financing Administration

28  to advance and treat a portion of the Medicaid nursing home

29  per diem as capital for creating and operating a

30  risk-retention group for self-insurance purposes, consistent

31  with federal and state laws and rules.

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  1         Section 6.  Paragraph (c) of subsection (1), paragraph

  2  (b) of subsection (3), and subsection (7) of section 409.911,

  3  Florida Statutes, are amended to read:

  4         409.911  Disproportionate share program.--Subject to

  5  specific allocations established within the General

  6  Appropriations Act and any limitations established pursuant to

  7  chapter 216, the agency shall distribute, pursuant to this

  8  section, moneys to hospitals providing a disproportionate

  9  share of Medicaid or charity care services by making quarterly

10  Medicaid payments as required. Notwithstanding the provisions

11  of s. 409.915, counties are exempt from contributing toward

12  the cost of this special reimbursement for hospitals serving a

13  disproportionate share of low-income patients.

14         (1)  Definitions.--As used in this section and s.

15  409.9112:

16         (c)  "Base Medicaid per diem" means the hospital's

17  Medicaid per diem rate initially established by the Agency for

18  Health Care Administration on January 1, 1999 prior to the

19  beginning of each state fiscal year. The base Medicaid per

20  diem rate shall not include any additional per diem increases

21  received as a result of the disproportionate share

22  distribution.

23         (3)  In computing the disproportionate share rate:

24         (b)  The agency shall use 1994 the most recent calendar

25  year audited financial data available at the beginning of each

26  state fiscal year for the calculation of disproportionate

27  share payments under this section.

28         (7)  For fiscal year 1991-1992 and all years other than

29  1992-1993, The following criteria shall be used in determining

30  the disproportionate share percentage:

31

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  1         (a)  If the disproportionate share rate is less than 10

  2  percent, the disproportionate share percentage is zero and

  3  there is no additional payment.

  4         (b)  If the disproportionate share rate is greater than

  5  or equal to 10 percent, but less than 20 percent, then the

  6  disproportionate share percentage is 1.8478498 2.1544347.

  7         (c)  If the disproportionate share rate is greater than

  8  or equal to 20 percent, but less than 30 percent, then the

  9  disproportionate share percentage is 3.4145488 4.6415888766.

10         (d)  If the disproportionate share rate is greater than

11  or equal to 30 percent, but less than 40 percent, then the

12  disproportionate share percentage is 6.3095734 10.0000001388.

13         (e)  If the disproportionate share rate is greater than

14  or equal to 40 percent, but less than 50 percent, then the

15  disproportionate share percentage is 11.6591440 21.544347299.

16         (f)  If the disproportionate share rate is greater than

17  or equal to 50 percent, but less than 60 percent, then the

18  disproportionate share percentage is 73.5642254 46.41588941.

19         (g)  If the disproportionate share rate is greater than

20  or equal to 60 percent but less than 72.5 percent, then the

21  disproportionate share percentage is 135.9356391 100.

22         (h)  If the disproportionate share rate is greater than

23  or equal to 72.5 percent, then the disproportionate share

24  percentage is 170.

25         Section 7.  Subsection (2) of section 409.9116, Florida

26  Statutes, is amended to read:

27         409.9116  Disproportionate share/financial assistance

28  program for rural hospitals.--In addition to the payments made

29  under s. 409.911, the Agency for Health Care Administration

30  shall administer a federally matched disproportionate share

31  program and a state-funded financial assistance program for

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  1  statutory rural hospitals. The agency shall make

  2  disproportionate share payments to statutory rural hospitals

  3  that qualify for such payments and financial assistance

  4  payments to statutory rural hospitals that do not qualify for

  5  disproportionate share payments. The disproportionate share

  6  program payments shall be limited by and conform with federal

  7  requirements. Funds shall be distributed quarterly in each

  8  fiscal year for which an appropriation is made.

  9  Notwithstanding the provisions of s. 409.915, counties are

10  exempt from contributing toward the cost of this special

11  reimbursement for hospitals serving a disproportionate share

12  of low-income patients.

13         (2)  The agency shall use the following formula for

14  distribution of funds for the disproportionate share/financial

15  assistance program for rural hospitals.

16         (a)  The agency shall first determine a preliminary

17  payment amount for each rural hospital by allocating all

18  available state funds using the following formula:

19

20                  PDAER = (TAERH x TARH)/STAERH

21

22  Where:

23         PDAER = preliminary distribution amount for each rural

24  hospital.

25         TAERH = total amount earned by each rural hospital.

26         TARH = total amount appropriated or distributed under

27  this section.

28         STAERH = sum of total amount earned by each rural

29  hospital.

30

31

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  1         (b)  Federal matching funds for the disproportionate

  2  share program shall then be calculated for those hospitals

  3  that qualify for disproportionate share in paragraph (a).

  4         (c)  The state-funds-only payment amount shall then be

  5  calculated for each hospital using the formula:

  6

  7         SFOER = Maximum value of (1) SFOL - PDAER or (2) 0

  8

  9  Where:

10         SFOER = state-funds-only payment amount for each rural

11  hospital.

12         SFOL = state-funds-only payment level, which is set at

13  4 percent of TARH.

14

15  In calculating the SFOER, PDAER includes federal matching

16  funds from paragraph (b).

17         (d)  The adjusted total amount allocated to the rural

18  disproportionate share program shall then be calculated using

19  the following formula:

20

21                     ATARH = (TARH - SSFOER)

22

23  Where:

24         ATARH = adjusted total amount appropriated or

25  distributed under this section.

26         SSFOER = sum of the state-funds-only payment amount

27  calculated under paragraph (c) for all rural hospitals.

28         (e)  The distribution of the adjusted total amount of

29  rural disproportionate share hospital funds shall then be

30  calculated using the following formula:

31

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  1                 DAERH = [(TAERH x ATARH)/STAERH]

  2

  3  Where:

  4         DAERH = distribution amount for each rural hospital.

  5         (f)  Federal matching funds for the disproportionate

  6  share program shall then be calculated for those hospitals

  7  that qualify for disproportionate share in paragraph (e).

  8         (g)  State-funds-only payment amounts calculated under

  9  paragraph (c) and corresponding federal matching funds are

10  then added to the results of paragraph (f) to determine the

11  total distribution amount for each rural hospital.

12         In determining the payment amount for each rural

13  hospital under this section, the agency shall first allocate

14  all available state funds by the following formula:

15

16                   DAER = (TAERH x TARH)/STAERH

17

18  Where:

19         DAER = distribution amount for each rural hospital.

20         STAERH = sum of total amount earned by each rural

21  hospital.

22         TAERH = total amount earned by each rural hospital.

23         TARH = total amount appropriated or distributed under

24  this section.

25

26  Federal matching funds for the disproportionate share program

27  shall then be calculated for those hospitals that qualify for

28  disproportionate share payments under this section.

29         Section 8.  Section 409.91195, Florida Statutes, is

30  amended to read:

31         (Substantial rewording of section. See

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  1         s. 409.91195, F.S., for present text.)

  2         409.91195  Medicaid Pharmaceutical and Therapeutics

  3  Committee.--There is created a Medicaid Pharmaceutical and

  4  Therapeutics Committee for the purpose of developing a

  5  preferred drug formulary and prior authorization program for

  6  prescriptions for Medicaid patients. The formulary shall

  7  include medically appropriate and cost-effective prescription

  8  drug therapies and shall meet all the federal requirements of

  9  42 U.S.C. s. 1396r-8. Each therapeutic drug class or subclass

10  included in the preferred drug formulary must contain a

11  sufficient variety and number of agents reflective of current

12  utilization patterns and of appropriate therapeutic and

13  clinical response ranges targeted to the specialized needs of

14  an ethnically diverse, elderly, co-morbid, and medically

15  complex population. The Medicaid Pharmaceutical and

16  Therapeutics Committee shall review all drug classes included

17  in the preferred drug formulary every 6 months and make

18  recommendations for additions or modifications specific to the

19  population based on clinical literature and published studies

20  whenever appropriate. The Agency for Health Care

21  Administration shall engage an independent academic and

22  clinical team to review the administrative and clinical

23  decisionmaking procedures and conduct outcome-based

24  evaluations on affected patients at least annually and present

25  its findings and recommendations to the agency and the

26  Legislature.

27         (1)  Notwithstanding any other law, the Agency for

28  Health Care Administration may implement a prior authorization

29  program for outpatient prescription drugs under the Medicaid

30  prescription drug program.

31

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  1         (a)  The Medicaid Pharmaceutical and Therapeutics

  2  Committee shall be comprised of nine members as specified in

  3  42 U.S.C. s. 11396 appointed by the Governor as follows: one

  4  practicing physician licensed under chapter 458, from a list

  5  of recommendations from the Florida Medical Association; one

  6  participating physician licensed under chapter 459, from a

  7  list of recommendations from the Florida Osteopathic Medical

  8  Association; one practicing physician licensed under chapter

  9  458, from a list of recommendations from the Florida Academy

10  of Family Physicians; one practicing physician licensed under

11  chapter 458, from a list of recommendations from the Florida

12  Pediatric Society; one participating physician licensed under

13  chapter 458, from a list of recommendations from the Florida

14  Psychiatric Society; one practicing dentist licensed under

15  chapter 466, from a list of recommendations from the Florida

16  Dental Association; one practicing pharmacist licensed under

17  chapter 465, from a list of recommendations from the Florida

18  Pharmacy Association; one practicing pharmacist under chapter

19  465, from a list of recommendations provided by the Florida

20  Society of Health System Pharmacists; and one health care

21  consumer or representative of a statewide voluntary health

22  association with a national affiliation from a list of

23  recommendations from the Pharmaceutical Research and

24  Manufacturers of America. The committee is established within

25  the Agency for Health Care Administration for the purposes of

26  developing a preferred drug formulary and implementing prior

27  authorization for outpatient prescription drugs under the

28  Medicaid program. Committee members shall serve staggered

29  3-year terms. Two physicians, one pharmacist, and one dentist

30  shall each be initially appointed for 2-year terms and three

31  physicians, one pharmacist, and one consumer representative

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  1  shall each be initially appointed for 1-year terms. Members

  2  may be reappointed for a period not to exceed three 3-year

  3  terms. Vacancies on the committee shall be filled for the

  4  balance of the unexpired term from nominee lists for the

  5  appropriate category as provided in this paragraph.

  6         (b)  Committee members shall select a chairperson and a

  7  vice chairperson each year from the committee membership.

  8         (c)  The committee shall meet at least quarterly and

  9  may meet at other times at the discretion of the chairperson.

10  Notice of any meeting of the committee shall be published in

11  accordance with the Administrative Procedure Act. Committee

12  meetings shall in all respects comply with s. 286.011 and

13  shall be subject to the Administrative Procedure Act.

14         (2)  The committee shall:

15         (a)  Advise and make recommendations regarding rules to

16  be adopted by the Agency for Health Care Administration

17  regarding prior authorization for outpatient prescription

18  drugs.

19         (b)  Oversee the implementation of a drug prior

20  authorization program for the Medicaid program.

21         (c)  Establish the drug prior authorization review

22  process in compliance with subsection (3).

23         (d)  Make formal recommendations to the Agency for

24  Health Care Administration regarding any outpatient

25  prescription drug covered by the Medicaid program which

26  requires prior authorization.

27         (e)  Review semiannually whether drugs requiring prior

28  authorization should remain on prior authorization.

29         (3)(a)  The drug prior authorization program shall

30  provide for telephone, fax, or other electronically

31

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  1  transmitted approval or denial within 24 hours after receipt

  2  of a request for prior authorization.

  3         (b)  In an emergency situation, including a situation

  4  in which a response to a prior authorization request is

  5  unavailable, a 72-hour supply of the prescribed drug shall be

  6  dispensed and paid for by the medical assistance program or,

  7  at the discretion of the committee, a supply greater than a

  8  72-hour supply may be dispensed in order to assure a minimum

  9  effective duration of therapy for an acute intervention.

10         (c)  Upon verbal consultation with a prescribing

11  provider, a 12-month authorization shall be granted if the

12  drug is prescribed for a medically accepted use that is

13  supported by the compendia, approved product labeling, or

14  peer-reviewed literature, unless there is a chemically

15  equivalent generic drug that is available without prior

16  authorization.

17         (4)(a)  The committee shall analyze the retrospective

18  drug utilization review data using the utilization criteria to

19  identify a drug for which the use is likely not to be

20  medically appropriate or medically necessary, or which is

21  likely to result in adverse medical outcomes.

22         (b)  The committee shall consider the potential impact

23  on patient care and the potential fiscal impact that may

24  result from placement of the drug on prior authorization.

25         (c)  Any consideration of the cost of the drug by the

26  committee must reflect the total cost of treating the

27  conditions for which the drug is prescribed, including

28  nonpharmaceutical costs and costs incurred by other sectors of

29  the state health care program which may be affected by the

30  drug's availability for use in treating program beneficiaries.

31

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  1         (d)  The committee shall provide public notice of any

  2  meeting for developing recommendations concerning whether such

  3  a drug should be placed on prior authorization. Any interested

  4  party may request an opportunity to make an oral presentation

  5  to the committee related to the prior authorization of the

  6  drug. The committee shall also consider any information

  7  provided by any interested party, including, but not limited

  8  to, physicians, pharmacists, beneficiaries, and manufacturers

  9  or distributors of the drug.

10         (e)  The committee shall make a formal written

11  recommendation to the Agency for Health Care Administration

12  that such a drug be placed on prior authorization, which must

13  be supported by an analysis of prospective and retrospective

14  drug utilization review data that demonstrates:

15         1.  The expected impact of such a decision on the

16  clinical care likely to be received by beneficiaries for whom

17  the drug is medically necessary;

18         2.  The expected impact on physicians whose patients

19  require the drug;

20         3.  The expected fiscal impact on the medical

21  assistance program; and

22         4.  Established national treatment guidelines or

23  specific protocol criteria that may be applied for each drug

24  recommended.

25         (f)  The Agency for Health Care Administration shall

26  accept or reject the recommendations of the committee and, in

27  a written decision, shall determine whether such drug should

28  be placed on prior authorization. The agency may consider any

29  additional and clarifying information provided by any

30  interested party in rendering its decision.

31

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  1         (g)  The agency's decision shall be published for

  2  comment for at least 30 days. The effective date of the

  3  decision may not be prior to the close of the comment period,

  4  and the effective notice of the decision's finality shall be

  5  available to prescribers.

  6         (5)  Notwithstanding any other provision of this

  7  section, a drug may not be recommended for prior authorization

  8  by the committee or placed on prior authorization by the

  9  agency if the drug has been approved or has had any of its

10  particular uses approved by the United States Food and Drug

11  Administration under a priority review classification.

12         (6)  The committee shall develop a grievance mechanism

13  by which interested parties may appeal the agency's decision

14  to place a drug on prior authorization. After participating in

15  the grievance mechanism developed by the committee, any

16  interested party aggrieved by the placement of a drug on prior

17  authorization is entitled to an administrative hearing before

18  the agency pursuant to chapter 120.

19         (a)  The committee shall review the prior authorization

20  status of a drug every 6 months.

21         (b)  The committee shall provide public notice prior to

22  any meeting determining whether changes should be made to the

23  drug prior authorization review process.

24         (c)  The Agency for Health Care Administration shall

25  publish and disseminate the preferred drug formulary to all

26  Medicaid prescribers of drugs in this state.

27         Section 9.  Section 409.912, Florida Statutes, is

28  amended to read:

29         409.912  Cost-effective purchasing of health care.--The

30  agency shall purchase goods and services for Medicaid

31  recipients in the most cost-effective manner consistent with

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  1  the delivery of quality medical care.  The agency shall

  2  maximize the use of prepaid per capita and prepaid aggregate

  3  fixed-sum basis services when appropriate and other

  4  alternative service delivery and reimbursement methodologies,

  5  including competitive bidding pursuant to s. 287.057, designed

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

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

  8  minimize the exposure of recipients to the need for acute

  9  inpatient, custodial, and other institutional care and the

10  inappropriate or unnecessary use of high-cost services. The

11  agency may establish prior authorization requirements for

12  certain populations of Medicaid beneficiaries, certain drug

13  classes, or particular drugs to prevent fraud, abuse, overuse,

14  and possible dangerous drug interactions. The Pharmaceutical

15  and Therapeutics Committee shall make recommendations to the

16  agency on drugs for which prior authorization is required. The

17  agency shall inform the Pharmaceutical and Therapeutics

18  Committee of its decisions regarding drugs subject to prior

19  authorization.

20         (1)  The agency may enter into agreements with

21  appropriate agents of other state agencies or of any agency of

22  the Federal Government and accept such duties in respect to

23  social welfare or public aid as may be necessary to implement

24  the provisions of Title XIX of the Social Security Act and ss.

25  409.901-409.920.

26         (2)  The agency may contract with health maintenance

27  organizations certified pursuant to part I of chapter 641 for

28  the provision of services to recipients.

29         (3)  The agency may contract with:

30         (a)  An entity that provides no prepaid health care

31  services other than Medicaid services under contract with the

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  1  agency and which is owned and operated by a county, county

  2  health department, or county-owned and operated hospital to

  3  provide health care services on a prepaid or fixed-sum basis

  4  to recipients, which entity may provide such prepaid services

  5  either directly or through arrangements with other providers.

  6  Such prepaid health care services entities must be licensed

  7  under parts I and III by January 1, 1998, and until then are

  8  exempt from the provisions of part I of chapter 641. An entity

  9  recognized under this paragraph which demonstrates to the

10  satisfaction of the Department of Insurance that it is backed

11  by the full faith and credit of the county in which it is

12  located may be exempted from s. 641.225.

13         (b)  An entity that is providing comprehensive

14  behavioral health care services to certain Medicaid recipients

15  through a capitated, prepaid arrangement pursuant to the

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

17  must be licensed under chapter 624, chapter 636, or chapter

18  641 and must possess the clinical systems and operational

19  competence to manage risk and provide comprehensive behavioral

20  health care to Medicaid recipients. As used in this paragraph,

21  the term "comprehensive behavioral health care services" means

22  covered mental health and substance abuse treatment services

23  that are available to Medicaid recipients. The secretary of

24  the Department of Children and Family Services shall approve

25  provisions of procurements related to children in the

26  department's care or custody prior to enrolling such children

27  in a prepaid behavioral health plan. Any contract awarded

28  under this paragraph must be competitively procured. In

29  developing the behavioral health care prepaid plan procurement

30  document, the agency shall ensure that the procurement

31  document requires the contractor to develop and implement a

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  1  plan to ensure compliance with s. 394.4574 related to services

  2  provided to residents of licensed assisted living facilities

  3  that hold a limited mental health license. The agency must

  4  ensure that Medicaid recipients have available the choice of

  5  at least two managed care plans for their behavioral health

  6  care services. The agency may reimburse for

  7  substance-abuse-treatment services on a fee-for-service basis

  8  until the agency finds that adequate funds are available for

  9  capitated, prepaid arrangements.

10         1.  By January 1, 2001, the agency shall modify the

11  contracts with the entities providing comprehensive inpatient

12  and outpatient mental health care services to Medicaid

13  recipients in Hillsborough, Highlands, Hardee, Manatee, and

14  Polk Counties, to include substance-abuse-treatment services.

15         2.  By December 31, 2001, the agency shall contract

16  with entities providing comprehensive behavioral health care

17  services to Medicaid recipients through capitated, prepaid

18  arrangements in Charlotte, Collier, DeSoto, Escambia, Glades,

19  Hendry, Lee, Okaloosa, Pasco, Pinellas, Santa Rosa, Sarasota,

20  and Walton Counties. The agency may contract with entities

21  providing comprehensive behavioral health care services to

22  Medicaid recipients through capitated, prepaid arrangements in

23  Alachua County. The agency may determine if Sarasota County

24  shall be included as a separate catchment area or included in

25  any other agency geographic area.

26         3.  Children residing in a Department of Juvenile

27  Justice residential program approved as a Medicaid behavioral

28  health overlay services provider shall not be included in a

29  behavioral health care prepaid health plan pursuant to this

30  paragraph.

31

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  1         4.  In converting to a prepaid system of delivery, the

  2  agency shall in its procurement document require an entity

  3  providing comprehensive behavioral health care services to

  4  prevent the displacement of indigent care patients by

  5  enrollees in the Medicaid prepaid health plan providing

  6  behavioral health care services from facilities receiving

  7  state funding to provide indigent behavioral health care, to

  8  facilities licensed under chapter 395 which do not receive

  9  state funding for indigent behavioral health care, or

10  reimburse the unsubsidized facility for the cost of behavioral

11  health care provided to the displaced indigent care patient.

12         5.  Traditional community mental health providers under

13  contract with the Department of Children and Family Services

14  pursuant to part IV of chapter 394 and inpatient mental health

15  providers licensed pursuant to chapter 395 must be offered an

16  opportunity to accept or decline a contract to participate in

17  any provider network for prepaid behavioral health services.

18         (c)  A federally qualified health center or an entity

19  owned 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.  Such prepaid health care

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

25  chapter 641, but shall be prohibited from serving Medicaid

26  recipients on a prepaid basis, until such licensure has been

27  obtained.  However, such an entity is exempt from s. 641.225

28  if the entity meets the requirements specified in subsections

29  (14) and (15).

30         (d)  No more than four provider service networks for

31  demonstration projects to test Medicaid direct contracting.

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  1  The demonstration projects may be reimbursed on a

  2  fee-for-service or prepaid basis.  A provider service network

  3  which is reimbursed by the agency on a prepaid basis shall be

  4  exempt from parts I and III of chapter 641, but must meet

  5  appropriate financial reserve, quality assurance, and patient

  6  rights requirements as established by the agency.  The agency

  7  shall award contracts on a competitive bid basis and shall

  8  select bidders based upon price and quality of care. Medicaid

  9  recipients assigned to a demonstration project shall be chosen

10  equally from those who would otherwise have been assigned to

11  prepaid plans and MediPass.  The agency is authorized to seek

12  federal Medicaid waivers as necessary to implement the

13  provisions of this section.  A demonstration project awarded

14  pursuant to this paragraph shall be for 4 2 years from the

15  date of implementation.

16         (e)  An entity that provides comprehensive behavioral

17  health care services to certain Medicaid recipients through an

18  administrative services organization agreement. Such an entity

19  must possess the clinical systems and operational competence

20  to provide comprehensive health care to Medicaid recipients.

21  As used in this paragraph, the term "comprehensive behavioral

22  health care services" means covered mental health and

23  substance abuse treatment services that are available to

24  Medicaid recipients. Any contract awarded under this paragraph

25  must be competitively procured. The agency must ensure that

26  Medicaid recipients have available the choice of at least two

27  managed care plans for their behavioral health care services.

28         (f)  An entity in Pasco County or Pinellas County that

29  provides in-home physician services to Medicaid recipients

30  with degenerative neurological diseases in order to test the

31  cost-effectiveness of enhanced home-based medical care. The

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  1  entity providing the services shall be reimbursed on a

  2  fee-for-service basis at a rate not less than comparable

  3  Medicare reimbursement rates. The agency may apply for waivers

  4  of federal regulations necessary to implement such program.

  5  This paragraph shall be repealed on July 1, 2002.

  6         (g)  Children's provider networks that provide care

  7  coordination and care management for Medicaid-eligible

  8  pediatric patients, primary care, authorization of specialty

  9  care, and other urgent and emergency care through organized

10  providers designed to service Medicaid eligibles under age 18.

11  The networks shall provide after-hour operations, including

12  evening and weekend hours, to promote, when appropriate, the

13  use of the children's networks rather than hospital emergency

14  departments.

15         (4)  The agency may contract with any public or private

16  entity otherwise authorized by this section on a prepaid or

17  fixed-sum basis for the provision of health care services to

18  recipients. An entity may provide prepaid services to

19  recipients, either directly or through arrangements with other

20  entities, if each entity involved in providing services:

21         (a)  Is organized primarily for the purpose of

22  providing health care or other services of the type regularly

23  offered to Medicaid recipients;

24         (b)  Ensures that services meet the standards set by

25  the agency for quality, appropriateness, and timeliness;

26         (c)  Makes provisions satisfactory to the agency for

27  insolvency protection and ensures that neither enrolled

28  Medicaid recipients nor the agency will be liable for the

29  debts of the entity;

30         (d)  Submits to the agency, if a private entity, a

31  financial plan that the agency finds to be fiscally sound and

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  1  that provides for working capital in the form of cash or

  2  equivalent liquid assets excluding revenues from Medicaid

  3  premium payments equal to at least the first 3 months of

  4  operating expenses or $200,000, whichever is greater;

  5         (e)  Furnishes evidence satisfactory to the agency of

  6  adequate liability insurance coverage or an adequate plan of

  7  self-insurance to respond to claims for injuries arising out

  8  of the furnishing of health care;

  9         (f)  Provides, through contract or otherwise, for

10  periodic review of its medical facilities and services, as

11  required by the agency; and

12         (g)  Provides organizational, operational, financial,

13  and other information required by the agency.

14         (5)  The agency may contract on a prepaid or fixed-sum

15  basis with any health insurer that:

16         (a)  Pays for health care services provided to enrolled

17  Medicaid recipients in exchange for a premium payment paid by

18  the agency;

19         (b)  Assumes the underwriting risk; and

20         (c)  Is organized and licensed under applicable

21  provisions of the Florida Insurance Code and is currently in

22  good standing with the Department of Insurance.

23         (6)  The agency may contract on a prepaid or fixed-sum

24  basis with an exclusive provider organization to provide

25  health care services to Medicaid recipients provided that the

26  contract does not cost more than a managed care plan contract

27  in the same agency region and that the exclusive provider

28  organization meets applicable managed care plan requirements

29  in this section, ss. 409.9122, 409.9123, 409.9128, and

30  627.6472, and other applicable provisions of law.

31

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  1         (7)  The Agency for Health Care Administration may

  2  provide cost-effective purchasing of chiropractic services on

  3  a fee-for-service basis to Medicaid recipients through

  4  arrangements with a statewide chiropractic preferred provider

  5  organization incorporated in this state as a not-for-profit

  6  corporation.  The agency shall ensure that the benefit limits

  7  and prior authorization requirements in the current Medicaid

  8  program shall apply to the services provided by the

  9  chiropractic preferred provider organization.

10         (8)  The agency shall not contract on a prepaid or

11  fixed-sum basis for Medicaid services with an entity which

12  knows or reasonably should know that any officer, director,

13  agent, managing employee, or owner of stock or beneficial

14  interest in excess of 5 percent common or preferred stock, or

15  the entity itself, has been found guilty of, regardless of

16  adjudication, or entered a plea of nolo contendere, or guilty,

17  to:

18         (a)  Fraud;

19         (b)  Violation of federal or state antitrust statutes,

20  including those proscribing price fixing between competitors

21  and the allocation of customers among competitors;

22         (c)  Commission of a felony involving embezzlement,

23  theft, forgery, income tax evasion, bribery, falsification or

24  destruction of records, making false statements, receiving

25  stolen property, making false claims, or obstruction of

26  justice; or

27         (d)  Any crime in any jurisdiction which directly

28  relates to the provision of health services on a prepaid or

29  fixed-sum basis.

30         (9)  The agency, after notifying the Legislature, may

31  apply for waivers of applicable federal laws and regulations

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  1  as necessary to implement more appropriate systems of health

  2  care for Medicaid recipients and reduce the cost of the

  3  Medicaid program to the state and federal governments and

  4  shall implement such programs, after legislative approval,

  5  within a reasonable period of time after federal approval.

  6  These programs must be designed primarily to reduce the need

  7  for inpatient care, custodial care and other long-term or

  8  institutional care, and other high-cost services.

  9         (a)  Prior to seeking legislative approval of such a

10  waiver as authorized by this subsection, the agency shall

11  provide notice and an opportunity for public comment.  Notice

12  shall be provided to all persons who have made requests of the

13  agency for advance notice and shall be published in the

14  Florida Administrative Weekly not less than 28 days prior to

15  the intended action.

16         (b)  Notwithstanding s. 216.292, funds that are

17  appropriated to the Department of Elderly Affairs for the

18  Assisted Living for the Elderly Medicaid waiver and are not

19  expended shall be transferred to the agency to fund

20  Medicaid-reimbursed nursing home care.

21         (10)  The agency shall establish a postpayment

22  utilization control program designed to identify recipients

23  who may inappropriately overuse or underuse Medicaid services

24  and shall provide methods to correct such misuse.

25         (11)  The agency shall develop and provide coordinated

26  systems of care for Medicaid recipients and may contract with

27  public or private entities to develop and administer such

28  systems of care among public and private health care providers

29  in a given geographic area.

30

31

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  1         (12)  The agency shall operate or contract for the

  2  operation of utilization management and incentive systems

  3  designed to encourage cost-effective use services.

  4         (13)(a)  The agency shall identify health care

  5  utilization and price patterns within the Medicaid program

  6  which are not cost-effective or medically appropriate and

  7  assess the effectiveness of new or alternate methods of

  8  providing and monitoring service, and may implement such

  9  methods as it considers appropriate. Such methods may include

10  disease management initiatives, an integrated and systematic

11  approach for managing the health care needs of recipients who

12  are at risk of or diagnosed with a specific disease by using

13  best practices, prevention strategies, clinical-practice

14  improvement, clinical interventions and protocols, outcomes

15  research, information technology, and other tools and

16  resources to reduce overall costs and improve measurable

17  outcomes.

18         (b)  The responsibility of the agency under this

19  subsection shall include the development of capabilities to

20  identify actual and optimal practice patterns; patient and

21  provider educational initiatives; methods for determining

22  patient compliance with prescribed treatments; fraud, waste,

23  and abuse prevention and detection programs; and beneficiary

24  case management programs.

25         1.  The practice pattern identification program shall

26  evaluate practitioner prescribing patterns based on national

27  and regional practice guidelines, comparing practitioners to

28  their peer groups. The agency and its Drug Utilization Review

29  Board shall consult with a panel of practicing health care

30  professionals consisting of the following: the Speaker of the

31  House of Representatives and the President of the Senate shall

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  1  each appoint three physicians licensed under chapter 458 or

  2  chapter 459; and the Governor shall appoint two pharmacists

  3  licensed under chapter 465 and one dentist licensed under

  4  chapter 466 who is an oral surgeon. Terms of the panel members

  5  shall expire at the discretion of the appointing official. The

  6  panel shall begin its work by August 1, 1999, regardless of

  7  the number of appointments made by that date. The advisory

  8  panel shall be responsible for evaluating treatment guidelines

  9  and recommending ways to incorporate their use in the practice

10  pattern identification program. Practitioners who are

11  prescribing inappropriately or inefficiently, as determined by

12  the agency, may have their prescribing of certain drugs

13  subject to prior authorization.

14         2.  The agency shall also develop educational

15  interventions designed to promote the proper use of

16  medications by providers and beneficiaries.

17         3.  The agency shall implement a pharmacy fraud, waste,

18  and abuse initiative that may include a surety bond or letter

19  of credit requirement for participating pharmacies, enhanced

20  provider auditing practices, the use of additional fraud and

21  abuse software, recipient management programs for

22  beneficiaries inappropriately using their benefits, and other

23  steps that will eliminate provider and recipient fraud, waste,

24  and abuse. The initiative shall address enforcement efforts to

25  reduce the number and use of counterfeit prescriptions.

26         4.  The agency may apply for any federal waivers needed

27  to implement this paragraph.

28         (14)  An entity contracting on a prepaid or fixed-sum

29  basis shall, in addition to meeting any applicable statutory

30  surplus requirements, also maintain at all times in the form

31  of cash, investments that mature in less than 180 days

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  1  allowable as admitted assets by the Department of Insurance,

  2  and restricted funds or deposits controlled by the agency or

  3  the Department of Insurance, a surplus amount equal to

  4  one-and-one-half times the entity's monthly Medicaid prepaid

  5  revenues. As used in this subsection, the term "surplus" means

  6  the entity's total assets minus total liabilities. If an

  7  entity's surplus falls below an amount equal to

  8  one-and-one-half times the entity's monthly Medicaid prepaid

  9  revenues, the agency shall prohibit the entity from engaging

10  in marketing and preenrollment activities, shall cease to

11  process new enrollments, and shall not renew the entity's

12  contract until the required balance is achieved.  The

13  requirements of this subsection do not apply:

14         (a)  Where a public entity agrees to fund any deficit

15  incurred by the contracting entity; or

16         (b)  Where the entity's performance and obligations are

17  guaranteed in writing by a guaranteeing organization which:

18         1.  Has been in operation for at least 5 years and has

19  assets in excess of $50 million; or

20         2.  Submits a written guarantee acceptable to the

21  agency which is irrevocable during the term of the contracting

22  entity's contract with the agency and, upon termination of the

23  contract, until the agency receives proof of satisfaction of

24  all outstanding obligations incurred under the contract.

25         (15)(a)  The agency may require an entity contracting

26  on a prepaid or fixed-sum basis to establish a restricted

27  insolvency protection account with a federally guaranteed

28  financial institution licensed to do business in this state.

29  The entity shall deposit into that account 5 percent of the

30  capitation payments made by the agency each month until a

31  maximum total of 2 percent of the total current contract

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  1  amount is reached. The restricted insolvency protection

  2  account may be drawn upon with the authorized signatures of

  3  two persons designated by the entity and two representatives

  4  of the agency. If the agency finds that the entity is

  5  insolvent, the agency may draw upon the account solely with

  6  the two authorized signatures of representatives of the

  7  agency, and the funds may be disbursed to meet financial

  8  obligations incurred by the entity under the prepaid contract.

  9  If the contract is terminated, expired, or not continued, the

10  account balance must be released by the agency to the entity

11  upon receipt of proof of satisfaction of all outstanding

12  obligations incurred under this contract.

13         (b)  The agency may waive the insolvency protection

14  account requirement in writing when evidence is on file with

15  the agency of adequate insolvency insurance and reinsurance

16  that will protect enrollees if the entity becomes unable to

17  meet its obligations.

18         (16)  An entity that contracts with the agency on a

19  prepaid or fixed-sum basis for the provision of Medicaid

20  services shall reimburse any hospital or physician that is

21  outside the entity's authorized geographic service area as

22  specified in its contract with the agency, and that provides

23  services authorized by the entity to its members, at a rate

24  negotiated with the hospital or physician for the provision of

25  services or according to the lesser of the following:

26         (a)  The usual and customary charges made to the

27  general public by the hospital or physician; or

28         (b)  The Florida Medicaid reimbursement rate

29  established for the hospital or physician.

30         (17)  When a merger or acquisition of a Medicaid

31  prepaid contractor has been approved by the Department of

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  1  Insurance pursuant to s. 628.4615, the agency shall approve

  2  the assignment or transfer of the appropriate Medicaid prepaid

  3  contract upon request of the surviving entity of the merger or

  4  acquisition if the contractor and the other entity have been

  5  in good standing with the agency for the most recent 12-month

  6  period, unless the agency determines that the assignment or

  7  transfer would be detrimental to the Medicaid recipients or

  8  the Medicaid program.  To be in good standing, an entity must

  9  not have failed accreditation or committed any material

10  violation of the requirements of s. 641.52 and must meet the

11  Medicaid contract requirements.  For purposes of this section,

12  a merger or acquisition means a change in controlling interest

13  of an entity, including an asset or stock purchase.

14         (18)  Any entity contracting with the agency pursuant

15  to this section to provide health care services to Medicaid

16  recipients is prohibited from engaging in any of the following

17  practices or activities:

18         (a)  Practices that are discriminatory, including, but

19  not limited to, attempts to discourage participation on the

20  basis of actual or perceived health status.

21         (b)  Activities that could mislead or confuse

22  recipients, or misrepresent the organization, its marketing

23  representatives, or the agency. Violations of this paragraph

24  include, but are not limited to:

25         1.  False or misleading claims that marketing

26  representatives are employees or representatives of the state

27  or county, or of anyone other than the entity or the

28  organization by whom they are reimbursed.

29         2.  False or misleading claims that the entity is

30  recommended or endorsed by any state or county agency, or by

31

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  1  any other organization which has not certified its endorsement

  2  in writing to the entity.

  3         3.  False or misleading claims that the state or county

  4  recommends that a Medicaid recipient enroll with an entity.

  5         4.  Claims that a Medicaid recipient will lose benefits

  6  under the Medicaid program, or any other health or welfare

  7  benefits to which the recipient is legally entitled, if the

  8  recipient does not enroll with the entity.

  9         (c)  Granting or offering of any monetary or other

10  valuable consideration for enrollment, except as authorized by

11  subsection (21).

12         (d)  Door-to-door solicitation of recipients who have

13  not contacted the entity or who have not invited the entity to

14  make a presentation.

15         (e)  Solicitation of Medicaid recipients by marketing

16  representatives stationed in state offices unless approved and

17  supervised by the agency or its agent and approved by the

18  affected state agency when solicitation occurs in an office of

19  the state agency.  The agency shall ensure that marketing

20  representatives stationed in state offices shall market their

21  managed care plans to Medicaid recipients only in designated

22  areas and in such a way as to not interfere with the

23  recipients' activities in the state office.

24         (f)  Enrollment of Medicaid recipients.

25         (19)  The agency may impose a fine for a violation of

26  this section or the contract with the agency by a person or

27  entity that is under contract with the agency.  With respect

28  to any nonwillful violation, such fine shall not exceed $2,500

29  per violation.  In no event shall such fine exceed an

30  aggregate amount of $10,000 for all nonwillful violations

31  arising out of the same action.  With respect to any knowing

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  1  and willful violation of this section or the contract with the

  2  agency, the agency may impose a fine upon the entity in an

  3  amount not to exceed $20,000 for each such violation.  In no

  4  event shall such fine exceed an aggregate amount of $100,000

  5  for all knowing and willful violations arising out of the same

  6  action.

  7         (20)  A health maintenance organization or a person or

  8  entity exempt from chapter 641 that is under contract with the

  9  agency for the provision of health care services to Medicaid

10  recipients may not use or distribute marketing materials used

11  to solicit Medicaid recipients, unless such materials have

12  been approved by the agency. The provisions of this subsection

13  do not apply to general advertising and marketing materials

14  used by a health maintenance organization to solicit both

15  non-Medicaid subscribers and Medicaid recipients.

16         (21)  Upon approval by the agency, health maintenance

17  organizations and persons or entities exempt from chapter 641

18  that are under contract with the agency for the provision of

19  health care services to Medicaid recipients may be permitted

20  within the capitation rate to provide additional health

21  benefits that the agency has found are of high quality, are

22  practicably available, provide reasonable value to the

23  recipient, and are provided at no additional cost to the

24  state.

25         (22)  The agency shall utilize the statewide health

26  maintenance organization complaint hotline for the purpose of

27  investigating and resolving Medicaid and prepaid health plan

28  complaints, maintaining a record of complaints and confirmed

29  problems, and receiving disenrollment requests made by

30  recipients.

31

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  1         (23)  The agency shall require the publication of the

  2  health maintenance organization's and the prepaid health

  3  plan's consumer services telephone numbers and the "800"

  4  telephone number of the statewide health maintenance

  5  organization complaint hotline on each Medicaid identification

  6  card issued by a health maintenance organization or prepaid

  7  health plan contracting with the agency to serve Medicaid

  8  recipients and on each subscriber handbook issued to a

  9  Medicaid recipient.

10         (24)  The agency shall establish a health care quality

11  improvement system for those entities contracting with the

12  agency pursuant to this section, incorporating all the

13  standards and guidelines developed by the Medicaid Bureau of

14  the Health Care Financing Administration as a part of the

15  quality assurance reform initiative.  The system shall

16  include, but need not be limited to, the following:

17         (a)  Guidelines for internal quality assurance

18  programs, including standards for:

19         1.  Written quality assurance program descriptions.

20         2.  Responsibilities of the governing body for

21  monitoring, evaluating, and making improvements to care.

22         3.  An active quality assurance committee.

23         4.  Quality assurance program supervision.

24         5.  Requiring the program to have adequate resources to

25  effectively carry out its specified activities.

26         6.  Provider participation in the quality assurance

27  program.

28         7.  Delegation of quality assurance program activities.

29         8.  Credentialing and recredentialing.

30         9.  Enrollee rights and responsibilities.

31

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  1         10.  Availability and accessibility to services and

  2  care.

  3         11.  Ambulatory care facilities.

  4         12.  Accessibility and availability of medical records,

  5  as well as proper recordkeeping and process for record review.

  6         13.  Utilization review.

  7         14.  A continuity of care system.

  8         15.  Quality assurance program documentation.

  9         16.  Coordination of quality assurance activity with

10  other management activity.

11         17.  Delivering care to pregnant women and infants; to

12  elderly and disabled recipients, especially those who are at

13  risk of institutional placement; to persons with developmental

14  disabilities; and to adults who have chronic, high-cost

15  medical conditions.

16         (b)  Guidelines which require the entities to conduct

17  quality-of-care studies which:

18         1.  Target specific conditions and specific health

19  service delivery issues for focused monitoring and evaluation.

20         2.  Use clinical care standards or practice guidelines

21  to objectively evaluate the care the entity delivers or fails

22  to deliver for the targeted clinical conditions and health

23  services delivery issues.

24         3.  Use quality indicators derived from the clinical

25  care standards or practice guidelines to screen and monitor

26  care and services delivered.

27         (c)  Guidelines for external quality review of each

28  contractor which require: focused studies of patterns of care;

29  individual care review in specific situations; and followup

30  activities on previous pattern-of-care study findings and

31  individual-care-review findings.  In designing the external

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  1  quality review function and determining how it is to operate

  2  as part of the state's overall quality improvement system, the

  3  agency shall construct its external quality review

  4  organization and entity contracts to address each of the

  5  following:

  6         1.  Delineating the role of the external quality review

  7  organization.

  8         2.  Length of the external quality review organization

  9  contract with the state.

10         3.  Participation of the contracting entities in

11  designing external quality review organization review

12  activities.

13         4.  Potential variation in the type of clinical

14  conditions and health services delivery issues to be studied

15  at each plan.

16         5.  Determining the number of focused pattern-of-care

17  studies to be conducted for each plan.

18         6.  Methods for implementing focused studies.

19         7.  Individual care review.

20         8.  Followup activities.

21         (25)  In order to ensure that children receive health

22  care services for which an entity has already been

23  compensated, an entity contracting with the agency pursuant to

24  this section shall achieve an annual Early and Periodic

25  Screening, Diagnosis, and Treatment (EPSDT) Service screening

26  rate of at least 60 percent for those recipients continuously

27  enrolled for at least 8 months.  The agency shall develop a

28  method by which the EPSDT screening rate shall be calculated.

29  For any entity which does not achieve the annual 60 percent

30  rate, the entity must submit a corrective action plan for the

31  agency's approval.  If the entity does not meet the standard

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  1  established in the corrective action plan during the specified

  2  timeframe, the agency is authorized to impose appropriate

  3  contract sanctions.  At least annually, the agency shall

  4  publicly release the EPSDT Services screening rates of each

  5  entity it has contracted with on a prepaid basis to serve

  6  Medicaid recipients.

  7         (26)  The agency shall perform choice counseling,

  8  enrollments, and disenrollments for Medicaid recipients who

  9  are eligible for MediPass or managed care plans.

10  Notwithstanding the prohibition contained in paragraph

11  (18)(f), managed care plans may perform preenrollments of

12  Medicaid recipients under the supervision of the agency or its

13  agents.  For the purposes of this section, "preenrollment"

14  means the provision of marketing and educational materials to

15  a Medicaid recipient and assistance in completing the

16  application forms, but shall not include actual enrollment

17  into a managed care plan.  An application for enrollment shall

18  not be deemed complete until the agency or its agent verifies

19  that the recipient made an informed, voluntary choice.  The

20  agency, in cooperation with the Department of Children and

21  Family Services, may test new marketing initiatives to inform

22  Medicaid recipients about their managed care options at

23  selected sites.  The agency shall report to the Legislature on

24  the effectiveness of such initiatives.  The agency may

25  contract with a third party to perform managed care plan and

26  MediPass choice-counseling, enrollment, and disenrollment

27  services for Medicaid recipients and is authorized to adopt

28  rules to implement such services. The agency may adjust the

29  capitation rate only to cover the costs of a third-party

30  choice-counseling, enrollment, and disenrollment contract, and

31

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  1  for agency supervision and management of the managed care plan

  2  choice-counseling, enrollment, and disenrollment contract.

  3         (27)  Any lists of providers made available to Medicaid

  4  recipients, MediPass enrollees, or managed care plan enrollees

  5  shall be arranged alphabetically showing the provider's name

  6  and specialty and, separately, by specialty in alphabetical

  7  order.

  8         (28)  The agency shall establish an enhanced managed

  9  care quality assurance oversight function, to include at least

10  the following components:

11         (a)  At least quarterly analysis and followup,

12  including sanctions as appropriate, of managed care

13  participant utilization of services.

14         (b)  At least quarterly analysis and followup,

15  including sanctions as appropriate, of quality findings of the

16  Medicaid peer review organization and other external quality

17  assurance programs.

18         (c)  At least quarterly analysis and followup,

19  including sanctions as appropriate, of the fiscal viability of

20  managed care plans.

21         (d)  At least quarterly analysis and followup,

22  including sanctions as appropriate, of managed care

23  participant satisfaction and disenrollment surveys.

24         (e)  The agency shall conduct regular and ongoing

25  Medicaid recipient satisfaction surveys.

26

27  The analyses and followup activities conducted by the agency

28  under its enhanced managed care quality assurance oversight

29  function shall not duplicate the activities of accreditation

30  reviewers for entities regulated under part III of chapter

31

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  1  641, but may include a review of the finding of such

  2  reviewers.

  3         (29)  Each managed care plan that is under contract

  4  with the agency to provide health care services to Medicaid

  5  recipients shall annually conduct a background check with the

  6  Florida Department of Law Enforcement of all persons with

  7  ownership interest of 5 percent or more or executive

  8  management responsibility for the managed care plan and shall

  9  submit to the agency information concerning any such person

10  who has been found guilty of, regardless of adjudication, or

11  has entered a plea of nolo contendere or guilty to, any of the

12  offenses listed in s. 435.03.

13         (30)  The agency shall, by rule, develop a process

14  whereby a Medicaid managed care plan enrollee who wishes to

15  enter hospice care may be disenrolled from the managed care

16  plan within 24 hours after contacting the agency regarding

17  such request. The agency rule shall include a methodology for

18  the agency to recoup managed care plan payments on a pro rata

19  basis if payment has been made for the enrollment month when

20  disenrollment occurs.

21         (31)  The agency and entities which contract with the

22  agency to provide health care services to Medicaid recipients

23  under this section or s. 409.9122 must comply with the

24  provisions of s. 641.513 in providing emergency services and

25  care to Medicaid recipients and MediPass recipients.

26         (32)  All entities providing health care services to

27  Medicaid recipients shall make available, and encourage all

28  pregnant women and mothers with infants to receive, and

29  provide documentation in the medical records to reflect, the

30  following:

31         (a)  Healthy Start prenatal or infant screening.

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  1         (b)  Healthy Start care coordination, when screening or

  2  other factors indicate need.

  3         (c)  Healthy Start enhanced services in accordance with

  4  the prenatal or infant screening results.

  5         (d)  Immunizations in accordance with recommendations

  6  of the Advisory Committee on Immunization Practices of the

  7  United States Public Health Service and the American Academy

  8  of Pediatrics, as appropriate.

  9         (e)  Counseling and services for family planning to all

10  women and their partners.

11         (f)  A scheduled postpartum visit for the purpose of

12  voluntary family planning, to include discussion of all

13  methods of contraception, as appropriate.

14         (g)  Referral to the Special Supplemental Nutrition

15  Program for Women, Infants, and Children (WIC).

16         (33)  Any entity that provides Medicaid prepaid health

17  plan services shall ensure the appropriate coordination of

18  health care services with an assisted living facility in cases

19  where a Medicaid recipient is both a member of the entity's

20  prepaid health plan and a resident of the assisted living

21  facility. If the entity is at risk for Medicaid targeted case

22  management and behavioral health services, the entity shall

23  inform the assisted living facility of the procedures to

24  follow should an emergent condition arise.

25         (34)  The agency may seek and implement federal waivers

26  necessary to provide for cost-effective purchasing of home

27  health services, private duty nursing services,

28  transportation, independent laboratory services, and durable

29  medical equipment and supplies through competitive bidding

30  negotiation pursuant to s. 287.057. The agency may request

31  appropriate waivers from the federal Health Care Financing

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  1  Administration in order to competitively bid such home health

  2  services. The agency may exclude providers not selected

  3  through the bidding process from the Medicaid provider

  4  network.

  5         (35)  The Agency for Health Care Administration is

  6  directed to issue a request for proposal or intent to

  7  negotiate to implement on a demonstration basis an outpatient

  8  specialty services pilot project in a rural and urban county

  9  in the state.  As used in this subsection, the term

10  "outpatient specialty services" means clinical laboratory,

11  diagnostic imaging, and specified home medical services to

12  include durable medical equipment, prosthetics and orthotics,

13  and infusion therapy.

14         (a)  The entity that is awarded the contract to provide

15  Medicaid managed care outpatient specialty services must, at a

16  minimum, meet the following criteria:

17         1.  The entity must be licensed by the Department of

18  Insurance under part II of chapter 641.

19         2.  The entity must be experienced in providing

20  outpatient specialty services.

21         3.  The entity must demonstrate to the satisfaction of

22  the agency that it provides high-quality services to its

23  patients.

24         4.  The entity must demonstrate that it has in place a

25  complaints and grievance process to assist Medicaid recipients

26  enrolled in the pilot managed care program to resolve

27  complaints and grievances.

28         (b)  The pilot managed care program shall operate for a

29  period of 3 years.  The objective of the pilot program shall

30  be to determine the cost-effectiveness and effects on

31  utilization, access, and quality of providing outpatient

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  1  specialty services to Medicaid recipients on a prepaid,

  2  capitated basis.

  3         (c)  The agency shall conduct a quality assurance

  4  review of the prepaid health clinic each year that the

  5  demonstration program is in effect. The prepaid health clinic

  6  is responsible for all expenses incurred by the agency in

  7  conducting a quality assurance review.

  8         (d)  The entity that is awarded the contract to provide

  9  outpatient specialty services to Medicaid recipients shall

10  report data required by the agency in a format specified by

11  the agency, for the purpose of conducting the evaluation

12  required in paragraph (e).

13         (e)  The agency shall conduct an evaluation of the

14  pilot managed care program and report its findings to the

15  Governor and the Legislature by no later than January 1, 2001.

16         (36)  The agency shall enter into agreements with

17  not-for-profit organizations based in this state for the

18  purpose of providing vision screening.

19         (37)(a)  The agency shall implement a Medicaid

20  prescribed-drug spending-control program that includes the

21  following components:

22         1.  Medicaid prescribed-drug coverage for brand-name

23  drugs for adult Medicaid recipients not residing in nursing

24  homes or other institutions is limited to the dispensing of

25  four brand-name drugs per month per recipient. Children and

26  institutionalized adults are exempt from this restriction.

27  Antiretroviral agents are excluded from this limitation. No

28  requirements for prior authorization or other restrictions on

29  medications used to treat mental illnesses such as

30  schizophrenia, severe depression, or bipolar disorder may be

31  imposed on Medicaid recipients. Medications that will be

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  1  available without restriction for persons with mental

  2  illnesses include atypical antipsychotic medications,

  3  conventional antipsychotic medications, selective serotonin

  4  reuptake inhibitors, and other medications used for the

  5  treatment of serious mental illnesses. The agency shall also

  6  limit the amount of a prescribed drug dispensed to no more

  7  than a 34-day supply. The agency shall continue to provide

  8  unlimited generic drugs, contraceptive drugs and items, and

  9  diabetic supplies. The agency may authorize exceptions to the

10  brand-name-drug restriction based upon the treatment needs of

11  the patients, only when such exceptions are based on prior

12  consultation provided by the agency or an agency contractor,

13  but the agency must establish procedures to ensure that:

14         a.  There will be a response to a request for prior

15  consultation by telephone or other telecommunication device

16  within 24 hours after receipt of a request for prior

17  consultation; and

18         b.  A 72-hour supply of the drug prescribed will be

19  provided in an emergency or when the agency does not provide a

20  response within 24 hours as required by sub-subparagraph a.;

21  and

22         c.  Except for the exception for nursing home residents

23  and other institutionalized adults and except for drugs on the

24  restricted formulary for which prior authorization may be

25  sought by an institutional or community pharmacy, prior

26  authorization for an exception to the brand-name-drug

27  restriction is sought by the prescriber and not by the

28  pharmacy. When prior authorization is granted for a patient in

29  an institutional setting beyond the brand-name-drug

30  restriction, such approval is authorized for 12 months and

31  monthly prior authorization is not required for that patient.

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  1         2.  Reimbursement to pharmacies for Medicaid prescribed

  2  drugs shall be set at the average wholesale price less 13.25

  3  percent.

  4         3.  The agency shall develop and implement a process

  5  for managing the drug therapies of Medicaid recipients who are

  6  using significant numbers of prescribed drugs each month. The

  7  management process may include, but is not limited to,

  8  comprehensive, physician-directed medical-record reviews,

  9  claims analyses, and case evaluations to determine the medical

10  necessity and appropriateness of a patient's treatment plan

11  and drug therapies. The agency may contract with a private

12  organization to provide drug-program-management services. The

13  Medicaid drug benefit management program shall include

14  initiatives to manage drug therapies for HIV/AIDS patients,

15  patients using 20 or more unique prescriptions in a 180-day

16  period, and the top 1,000 patients in annual spending.

17         4.  The agency may limit the size of its pharmacy

18  network based on need, competitive bidding, price

19  negotiations, credentialing, or similar criteria. The agency

20  shall give special consideration to rural areas in determining

21  the size and location of pharmacies included in the Medicaid

22  pharmacy network. A pharmacy credentialing process may include

23  criteria such as a pharmacy's full-service status, location,

24  size, patient educational programs, patient consultation,

25  disease-management services, and other characteristics. The

26  agency may impose a moratorium on Medicaid pharmacy enrollment

27  when it is determined that it has a sufficient number of

28  Medicaid-participating providers.

29         5.  The agency shall develop and implement a program

30  that requires Medicaid practitioners who prescribe drugs to

31  use a counterfeit-proof prescription pad for Medicaid

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  1  prescriptions. The agency shall require the use of

  2  standardized counterfeit-proof prescription pads by

  3  Medicaid-participating prescribers or prescribers who write

  4  prescriptions for Medicaid recipients. The agency may

  5  implement the program in targeted geographic areas or

  6  statewide.

  7         6.  The agency may enter into arrangements that require

  8  manufacturers of generic drugs prescribed to Medicaid

  9  recipients to provide rebates of at least 15.1 percent of the

10  average manufacturer price for the manufacturer's generic

11  products. These arrangements shall require that if a

12  generic-drug manufacturer pays federal rebates for

13  Medicaid-reimbursed drugs at a level below 15.1 percent, the

14  manufacturer must provide a supplemental rebate to the state

15  in an amount necessary to achieve a 15.1-percent rebate level.

16  If a generic-drug manufacturer raises its price in excess of

17  the Consumer Price Index (Urban), the excess amount shall be

18  included in the supplemental rebate to the state.

19         7.  The agency may establish a restricted-drug

20  formulary in accordance with 42 U.S.C. s. 1396r, and, pursuant

21  to the establishment of such formulary, it is authorized to

22  negotiate supplemental rebates from manufacturers at no less

23  than 10 percent of the average manufacturer price as defined

24  in 42 U.S.C. s. 1936 on the last day of the quarter unless the

25  federal or supplemental rebate, or both, exceeds 35 percent

26  and the agency determines the product competitive. The agency

27  may determine that specific generic products are competitive

28  at lower rebate percentages.

29         8.  The agency shall establish an advisory committee

30  for the purposes of studying the feasibility of using a

31  restricted drug formulary for nursing home residents and other

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  1  institutionalized adults. The committee shall be comprised of

  2  seven members appointed by the Secretary of Health Care

  3  Administration. The committee members shall include two

  4  physicians licensed under chapter 458 or chapter 459, Florida

  5  Statutes; three pharmacists licensed under chapter 465,

  6  Florida Statutes, and appointed from a list of recommendations

  7  provided by the Florida Long-Term Care Pharmacy Alliance; and

  8  two pharmacists licensed under chapter 465, Florida Statutes.

  9         (b)  The agency shall implement this subsection to the

10  extent that funds are appropriated to administer the Medicaid

11  prescribed-drug spending-control program. The agency may

12  contract all or any part of this program to private

13  organizations.

14         (c)  The agency shall submit a report to the Governor,

15  the President of the Senate, and the Speaker of the House of

16  Representatives by January 15 of each year. The report must

17  include, but need not be limited to, the progress made in

18  implementing Medicaid cost-containment measures and their

19  effect on Medicaid prescribed-drug expenditures.

20         (38)  Notwithstanding the provisions of chapter 287,

21  the agency may, at its discretion, renew a contract or

22  contracts for fiscal intermediary services one or more times

23  for such periods as the agency may decide; however, all such

24  renewals may not combine to exceed a total period longer than

25  the term of the original contract.

26         (39)  The agency shall provide for the development of a

27  demonstration project by establishment in Miami-Dade County of

28  a long-term-care facility licensed pursuant to chapter 395 to

29  improve access to health care for a predominantly minority,

30  medically underserved, and medically complex population and to

31  evaluate alternatives to nursing-home care and general acute

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  1  care for such population.  Such project is to be located in a

  2  health care condominium and colocated with licensed facilities

  3  providing a continuum of care.  The establishment of this

  4  project is not subject to the provisions of s. 408.036 or s.

  5  408.039.  The agency shall report its findings to the

  6  Governor, the President of the Senate, and the Speaker of the

  7  House of Representatives by January 1, 2003.

  8         Section 10.  Paragraphs (f) and (k) of subsection (2)

  9  of section 409.9122, Florida Statutes, are amended to read:

10         409.9122  Mandatory Medicaid managed care enrollment;

11  programs and procedures.--

12         (2)

13         (f)  When a Medicaid recipient does not choose a

14  managed care plan or MediPass provider, the agency shall

15  assign the Medicaid recipient to a managed care plan or

16  MediPass provider. Medicaid recipients who are subject to

17  mandatory assignment but who fail to make a choice shall be

18  assigned to managed care plans or provider service networks

19  until an equal enrollment of 50 percent in MediPass and

20  provider service networks and 50 percent in managed care plans

21  is achieved.  Once equal enrollment is achieved, the

22  assignments shall be divided in order to maintain an equal

23  enrollment in MediPass and managed care plans for the

24  1998-1999 fiscal year. Thereafter, assignment of Medicaid

25  recipients who fail to make a choice shall be based

26  proportionally on the preferences of recipients who have made

27  a choice in the previous period. Such proportions shall be

28  revised at least quarterly to reflect an update of the

29  preferences of Medicaid recipients. The agency shall also

30  disproportionately assign Medicaid-eligible children in

31  families who are required to but have failed to make a choice

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  1  of managed-care plan or MediPass for their child and who are

  2  to be assigned to the MediPass program to children's networks

  3  as described in s. 409.912(3)(g) and where available. The

  4  disproportionate assignment of children to children's networks

  5  shall be made until the agency has determined that the

  6  children's networks have sufficient numbers to be economically

  7  operated. When making assignments, the agency shall take into

  8  account the following criteria:

  9         1.  A managed care plan has sufficient network capacity

10  to meet the need of members.

11         2.  The managed care plan or MediPass has previously

12  enrolled the recipient as a member, or one of the managed care

13  plan's primary care providers or MediPass providers has

14  previously provided health care to the recipient.

15         3.  The agency has knowledge that the member has

16  previously expressed a preference for a particular managed

17  care plan or MediPass provider as indicated by Medicaid

18  fee-for-service claims data, but has failed to make a choice.

19         4.  The managed care plan's or MediPass primary care

20  providers are geographically accessible to the recipient's

21  residence.

22         (k)1.  Notwithstanding the provisions of paragraph (f),

23  and for the 2000-2001 fiscal year only, When a Medicaid

24  recipient does not choose a managed care plan or MediPass

25  provider, the agency shall assign the Medicaid recipient to a

26  managed care plan, except in those counties in which there are

27  fewer than two managed care plans accepting Medicaid

28  enrollees, in which case assignment shall be to a managed care

29  plan or a MediPass provider. Medicaid recipients in counties

30  with fewer than two managed care plans accepting Medicaid

31  enrollees who are subject to mandatory assignment but who fail

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  1  to make a choice shall be assigned to managed care plans until

  2  an equal enrollment of 50 percent in MediPass and provider

  3  service networks and 50 percent in managed care plans is

  4  achieved. Once equal enrollment is achieved, the assignments

  5  shall be divided in order to maintain an equal enrollment in

  6  MediPass and managed care plans. When making assignments, the

  7  agency shall take into account the following criteria:

  8         1.a.  A managed care plan has sufficient network

  9  capacity to meet the need of members.

10         2.b.  The managed care plan or MediPass has previously

11  enrolled the recipient as a member, or one of the managed care

12  plan's primary care providers or MediPass providers has

13  previously provided health care to the recipient.

14         3.c.  The agency has knowledge that the member has

15  previously expressed a preference for a particular managed

16  care plan or MediPass provider as indicated by Medicaid

17  fee-for-service claims data, but has failed to make a choice.

18         4.d.  The managed care plan's or MediPass primary care

19  providers are geographically accessible to the recipient's

20  residence.

21         5.e.  The agency has authority to make mandatory

22  assignments based on quality of service and performance of

23  managed care plans.

24         2.  This paragraph is repealed on July 1, 2001.

25         Section 11.  Paragraph (a) of subsection (1) and

26  subsection (7) of section 409.915, Florida Statutes, are

27  amended to read:

28         409.915  County contributions to Medicaid.--Although

29  the state is responsible for the full portion of the state

30  share of the matching funds required for the Medicaid program,

31  in order to acquire a certain portion of these funds, the

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  1  state shall charge the counties for certain items of care and

  2  service as provided in this section.

  3         (1)  Each county shall participate in the following

  4  items of care and service:

  5         (a)  For both health maintenance members and

  6  fee-for-service beneficiaries, payments for inpatient

  7  hospitalization in excess of 10 12 days, but not in excess of

  8  45 days, with the exception of pregnant women and children

  9  whose income is in excess of the federal poverty level and who

10  do not participate in the Medicaid medically needy program.

11         (7)  Counties are exempt from contributing toward the

12  cost of new exemptions on inpatient ceilings for statutory

13  teaching hospitals, specialty hospitals, and community

14  hospital education program hospitals that came into effect

15  July 1, 2000, and for special Medicaid payments that came into

16  effect on or after July 1, 2000. Notwithstanding any provision

17  of this section to the contrary, counties are exempt from

18  contributing toward the increased cost of hospital inpatient

19  services due to the elimination of ceilings on Medicaid

20  inpatient reimbursement rates paid to teaching hospitals,

21  specialty hospitals, and community health education program

22  hospitals and for special Medicaid reimbursements to hospitals

23  for which the Legislature has specifically appropriated funds.

24  This subsection is repealed on July 1, 2001.

25         Section 12.  Effective upon this act becoming a law,

26  and notwithstanding sections 409.911, 409.9113, and 409.9117,

27  Florida Statutes, from the funds made available under the

28  Medicare program, the Medicaid program, and the State

29  Children's Health Insurance Program Benefits Improvement and

30  Protection Act of 2000 for the 2001 federal fiscal year,

31  disproportionate share program funds shall be distributed as

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  1  follows: $13,937,997 to Jackson Memorial; $285,298 to Mount

  2  Sinai Medical Center; $313,748 to Orlando Regional Medical

  3  Center; $2,734,019 to Shands - Jacksonville; $1,060,047 to

  4  Shands - University of Florida; $1,683,415 to Tampa General

  5  Hospital; and $2,231,910 to North Broward Hospital District.

  6  Such funds shall be made available in accordance with a budget

  7  amendment and the Medicaid plan amendment submitted prior to

  8  the close of the 2001 federal fiscal year. This section does

  9  not delay implementation of the budget amendment or the

10  Medicaid plan amendment if such is deemed necessary.

11         Section 13.  Except as otherwise expressly provided in

12  this act, this act shall take effect July 1, 2001.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 792

  3

  4  Restores the Medicaid income eligibility level for the elderly
    and disabled to 100 percent of the federal poverty level.
  5
    Revises Medicaid eligibility related to cancer treatment for
  6  women to allow women under age 65 that have been screened
    through the National Breast and Cervical Cancer Early
  7  Detection program to be eligible.

  8  Extends eligibility to certain disabled persons with incomes
    under 250 percent of poverty who return to work and would not
  9  otherwise qualify to be eligible for Medicaid under a Medicaid
    Buy-in program.
10
    Clarifies procedures for prior authorization for nonemergency
11  hospital inpatient admissions and authorizes the
    discontinuance of the hospital retrospective review program.
12
    Removes language related to intermediate care services.
13
    Adds assistive-care services as an optional Medicaid service.
14
    Transfers the Community Hospital Education Program (CHEP) to
15  the Department of Health. Provides that the agency may certify
    local governmental funds as match to the Medicaid program.
16
    Prohibits increases in patient care or operating components of
17  reimbursement rates to nursing homes or licensed operators for
    changes in ownership filed on or after October 1, 2001.
18
    Removes competitive bidding from reimbursement for prescribed
19  drugs.

20  Authorizes the agency to request and implement Medicaid
    waivers to advance and treat a portion of the Medicaid nursing
21  home per diem as capital for creating and operating a
    risk-retention group for self-insurance purposes.
22
    Substantially rewords section 409.91195, F.S., that creates
23  the Medicaid Pharmaceutical and Therapeutics Committee and
    requires the committee to develop a preferred drug formulary
24  and prior authorization program for prescriptions for Medicaid
    patients. Provides for the membership, duties, and procedures
25  of the committee and prior authorization procedures.

26  Authorizes the agency to establish prior authorization
    requirements for certain Medicaid populations, drug classes,
27  and other criteria.  Requires the committee to make
    recommendations to the agency on drugs which prior
28  authorization is required.

29  Clarifies an exception to the prior authorization process for
    brand name drug restrictions for nursing home residents and
30  other institutionalized adults which allows an institutional
    or community pharmacy to request the pror authorization
31  approval.

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  1  Provides that the Medicaid drug benefit management program
    shall include drug therapies for HIV/AIDS patients under
  2  certain circumstances.

  3  Revises the restricted-drug formulary and authorizes
    negotiations for supplemental rebates from manufacturers at no
  4  less than 10 percent of the AWP on the last day of the quarter
    unless the federal or supplemental rebate, or both, exceeds 35
  5  percent and the agency determines the product competitive.

  6  Requires the agency to establish a seven member advisory
    committee to study the feasibility of using a restricted drug
  7  formulary for nursing home residents and other other
    institutionalized adults.
  8
    Authorizes a demonstration project in Miami-Dade County to
  9  establish along term care facility to improve access to health
    care for a predominately minority, medically underserved, and
10  medically complex population.

11  Continues current law regarding the assignment of Medicaid
    recipients who do not make a choice of manage care plans.
12
    Removes the pilot program to prevent Medicaid fraud and abuse
13  by using a type of automated fingerprint imaging of Medicaid
    beneficiaries.
14
    Provides for the allocation of additional federal
15  disproportionate share funds to certain hospitals and
    authorizes the submission of a budget amendment prior to the
16  close of federal fiscal year 2000.

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  66

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