HOUSE AMENDMENT
    736-123AX-21                  Bill No. CS for SB 992, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
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11  Representative(s) Rubio offered the following:
12  
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15  
16  and insert in lieu thereof:  
17         Section 1.  Section 409.905, Florida Statutes, is
18  amended to read:
19         409.905  Mandatory Medicaid services.--The agency may
20  make payments for the following services, which are required
21  of the state by Title XIX of the Social Security Act,
22  furnished by Medicaid providers to recipients who are
23  determined to be eligible on the dates on which the services
24  were provided.  Any service under this section shall be
25  provided only when medically necessary and in accordance with
26  state and federal law. Mandatory services rendered by
27  providers in mobile units to Medicaid recipients may be
28  restricted by the agency. Nothing in this section shall be
29  construed to prevent or limit the agency from adjusting fees,
30  reimbursement rates, lengths of stay, number of visits, number
31  of services, or any other adjustments necessary to comply with
                                  1
    File original & 9 copies    05/01/01                          
    hbd0011                     10:56 am         00992-0111-063063

HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the availability of moneys and any limitations or directions 2 provided for in the General Appropriations Act or chapter 216. 3 (1) ADVANCED REGISTERED NURSE PRACTITIONER 4 SERVICES.--The agency shall pay for services provided to a 5 recipient by a licensed advanced registered nurse practitioner 6 who has a valid collaboration agreement with a licensed 7 physician on file with the Department of Health or who 8 provides anesthesia services in accordance with established 9 protocol required by state law and approved by the medical 10 staff of the facility in which the anesthetic service is 11 performed. Reimbursement for such services must be provided in 12 an amount that equals not less than 80 percent of the 13 reimbursement to a physician who provides the same services, 14 unless otherwise provided for in the General Appropriations 15 Act. 16 (2) EARLY AND PERIODIC SCREENING, DIAGNOSIS, AND 17 TREATMENT SERVICES.--The agency shall pay for early and 18 periodic screening and diagnosis of a recipient under age 21 19 to ascertain physical and mental problems and conditions and 20 provide treatment to correct or ameliorate these problems and 21 conditions. These services include all services determined by 22 the agency to be medically necessary for the treatment, 23 correction, or amelioration of these problems, including 24 personal care, private duty nursing, durable medical 25 equipment, physical therapy, occupational therapy, speech 26 therapy, respiratory therapy, and immunizations. 27 (3) FAMILY PLANNING SERVICES.--The agency shall pay 28 for services necessary to enable a recipient voluntarily to 29 plan family size or to space children. These services include 30 information; education; counseling regarding the availability, 31 benefits, and risks of each method of pregnancy prevention; 2 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 drugs and supplies; and necessary medical care and followup. 2 Each recipient participating in the family planning portion of 3 the Medicaid program must be provided freedom to choose any 4 alternative method of family planning, as required by federal 5 law. 6 (4) HOME HEALTH CARE SERVICES.--The agency shall pay 7 for nursing and home health aide services, supplies, 8 appliances, and durable medical equipment, necessary to assist 9 a recipient living at home. An entity that provides services 10 pursuant to this subsection shall be licensed under part IV of 11 chapter 400 or part II of chapter 499, if appropriate. These 12 services, equipment, and supplies, or reimbursement therefor, 13 may be limited as provided in the General Appropriations Act 14 and do not include services, equipment, or supplies provided 15 to a person residing in a hospital or nursing facility. In 16 providing home health care services, the agency may require 17 prior authorization of care based on diagnosis. 18 (5) HOSPITAL INPATIENT SERVICES.--The agency shall pay 19 for all covered services provided for the medical care and 20 treatment of a recipient who is admitted as an inpatient by a 21 licensed physician or dentist to a hospital licensed under 22 part I of chapter 395. However, the agency shall limit the 23 payment for inpatient hospital services for a Medicaid 24 recipient 21 years of age or older to 45 days or the number of 25 days necessary to comply with the General Appropriations Act. 26 (a) The agency is authorized to implement 27 reimbursement and utilization management reforms in order to 28 comply with any limitations or directions in the General 29 Appropriations Act, which may include, but are not limited to: 30 prior authorization for inpatient psychiatric days; enhanced 31 utilization and concurrent review programs for highly utilized 3 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 services; reduction or elimination of covered days of service; 2 adjusting reimbursement ceilings for variable costs; adjusting 3 reimbursement ceilings for fixed and property costs; and 4 implementing target rates of increase. 5 (b) A licensed hospital maintained primarily for the 6 care and treatment of patients having mental disorders or 7 mental diseases is not eligible to participate in the hospital 8 inpatient portion of the Medicaid program except as provided 9 in federal law. However, the department shall apply for a 10 waiver, within 9 months after June 5, 1991, designed to 11 provide hospitalization services for mental health reasons to 12 children and adults in the most cost-effective and lowest cost 13 setting possible. Such waiver shall include a request for the 14 opportunity to pay for care in hospitals known under federal 15 law as "institutions for mental disease" or "IMD's." The 16 waiver proposal shall propose no additional aggregate cost to 17 the state or Federal Government, and shall be conducted in 18 Hillsborough County, Highlands County, Hardee County, Manatee 19 County, and Polk County. The waiver proposal may incorporate 20 competitive bidding for hospital services, comprehensive 21 brokering, prepaid capitated arrangements, or other mechanisms 22 deemed by the department to show promise in reducing the cost 23 of acute care and increasing the effectiveness of preventive 24 care. When developing the waiver proposal, the department 25 shall take into account price, quality, accessibility, 26 linkages of the hospital to community services and family 27 support programs, plans of the hospital to ensure the earliest 28 discharge possible, and the comprehensiveness of the mental 29 health and other health care services offered by participating 30 providers. 31 (c) Agency for Health Care Administration shall adjust 4 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 a hospital's current inpatient per diem rate to reflect the 2 cost of serving the Medicaid population at that institution 3 if: 4 1. The hospital experiences an increase in Medicaid 5 caseload by more than 25 percent in any year, primarily 6 resulting from the closure of a hospital in the same service 7 area occurring after July 1, 1995; or 8 2. The hospital's Medicaid per diem rate is at least 9 25 percent below the Medicaid per patient cost for that year. 10 11 No later than November 1, 2000, the agency must provide 12 estimated costs for any adjustment in a hospital inpatient per 13 diem pursuant to this paragraph to the Executive Office of the 14 Governor, the House of Representatives General Appropriations 15 Committee, and the Senate Budget Committee. Before the agency 16 implements a change in a hospital's inpatient per diem rate 17 pursuant to this paragraph, the Legislature must have 18 specifically appropriated sufficient funds in the 2001-2002 19 General Appropriations Act to support the increase in cost as 20 estimated by the agency. This paragraph is repealed on July 1, 21 2001. 22 (6) HOSPITAL OUTPATIENT SERVICES.--The agency shall 23 pay for preventive, diagnostic, therapeutic, or palliative 24 care and other services provided to a recipient in the 25 outpatient portion of a hospital licensed under part I of 26 chapter 395, and provided under the direction of a licensed 27 physician or licensed dentist, except that payment for such 28 care and services is limited to $1,500 per state fiscal year 29 per recipient, unless an exception has been made by the 30 agency, and with the exception of a Medicaid recipient under 31 age 21, in which case the only limitation is medical 5 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 necessity. 2 (7) INDEPENDENT LABORATORY SERVICES.--The agency shall 3 pay for medically necessary diagnostic laboratory procedures 4 ordered by a licensed physician or other licensed practitioner 5 of the healing arts which are provided for a recipient in a 6 laboratory that meets the requirements for Medicare 7 participation and is licensed under chapter 483, if required. 8 (8) NURSING FACILITY SERVICES.--The agency shall pay 9 for 24-hour-a-day nursing and rehabilitative services for a 10 recipient in a nursing facility licensed under part II of 11 chapter 400 or in a rural hospital, as defined in s. 395.602, 12 or in a Medicare certified skilled nursing facility operated 13 by a hospital, as defined by s. 395.002(11), that is licensed 14 under part I of chapter 395, and in accordance with provisions 15 set forth in s. 409.908(2)(a), which services are ordered by 16 and provided under the direction of a licensed physician. 17 However, if a nursing facility has been destroyed or otherwise 18 made uninhabitable by natural disaster or other emergency and 19 another nursing facility is not available, the agency must pay 20 for similar services temporarily in a hospital licensed under 21 part I of chapter 395 provided federal funding is approved and 22 available. 23 (9) PHYSICIAN SERVICES.--The agency shall pay for 24 covered services and procedures rendered to a recipient by, or 25 under the personal supervision of, a person licensed under 26 state law to practice medicine or osteopathic medicine. These 27 services may be furnished in the physician's office, the 28 Medicaid recipient's home, a hospital, a nursing facility, or 29 elsewhere, but shall be medically necessary for the treatment 30 of an injury, illness, or disease within the scope of the 31 practice of medicine or osteopathic medicine as defined by 6 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 state law. The agency shall not pay for services that are 2 clinically unproven, experimental, or for purely cosmetic 3 purposes. 4 (10) PORTABLE X-RAY SERVICES.--The agency shall pay 5 for professional and technical portable radiological services 6 ordered by a licensed physician or other licensed practitioner 7 of the healing arts which are provided by a licensed 8 professional in a setting other than a hospital, clinic, or 9 office of a physician or practitioner of the healing arts, on 10 behalf of a recipient. 11 (11) RURAL HEALTH CLINIC SERVICES.--The agency shall 12 pay for outpatient primary health care services for a 13 recipient provided by a clinic certified by and participating 14 in the Medicare program which is located in a federally 15 designated, rural, medically underserved area and has on its 16 staff one or more licensed primary care nurse practitioners or 17 physician assistants, and a licensed staff supervising 18 physician or a consulting supervising physician. 19 (12) TRANSPORTATION SERVICES.--The agency shall ensure 20 that appropriate transportation services are available for a 21 Medicaid recipient in need of transport to a qualified 22 Medicaid provider for medically necessary and 23 Medicaid-compensable services, provided a client's ability to 24 choose a specific transportation provider shall be limited to 25 those options resulting from policies established by the 26 agency to meet the fiscal limitations of the General 27 Appropriations Act. The agency may pay for transportation and 28 other related travel expenses as necessary only if these 29 services are not otherwise available. 30 Section 2. Section 409.906, Florida Statutes, is 31 amended to read: 7 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 409.906 Optional Medicaid services.--Subject to 2 specific appropriations, the agency may make payments for 3 services which are optional to the state under Title XIX of 4 the Social Security Act and are furnished by Medicaid 5 providers to recipients who are determined to be eligible on 6 the dates on which the services were provided. Any optional 7 service that is provided shall be provided only when medically 8 necessary and in accordance with state and federal law. 9 Optional services rendered by providers in mobile units to 10 Medicaid recipients may be restricted or prohibited by the 11 agency. Nothing in this section shall be construed to prevent 12 or limit the agency from adjusting fees, reimbursement rates, 13 lengths of stay, number of visits, or number of services, or 14 making any other adjustments necessary to comply with the 15 availability of moneys and any limitations or directions 16 provided for in the General Appropriations Act or chapter 216. 17 If necessary to safeguard the state's systems of providing 18 services to elderly and disabled persons and subject to the 19 notice and review provisions of s. 216.177, the Governor may 20 direct the Agency for Health Care Administration to amend the 21 Medicaid state plan to delete the optional Medicaid service 22 known as "Intermediate Care Facilities for the Developmentally 23 Disabled." Optional services may include: 24 (1) ADULT DENTURE SERVICES.--The agency may pay for 25 dentures, the procedures required to seat dentures, and the 26 repair and reline of dentures, provided by or under the 27 direction of a licensed dentist, for a recipient who is age 21 28 or older. However, Medicaid will not provide reimbursement for 29 dental services provided in a mobile dental unit, except for a 30 mobile dental unit: 31 (a) Owned by, operated by, or having a contractual 8 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 agreement with the Department of Health and complying with 2 Medicaid's county health department clinic services program 3 specifications as a county health department clinic services 4 provider. 5 (b) Owned by, operated by, or having a contractual 6 arrangement with a federally qualified health center and 7 complying with Medicaid's federally qualified health center 8 specifications as a federally qualified health center 9 provider. 10 (c) Rendering dental services to Medicaid recipients, 11 21 years of age and older, at nursing facilities. 12 (d) Owned by, operated by, or having a contractual 13 agreement with a state-approved dental educational 14 institution. 15 (2) ADULT HEALTH SCREENING SERVICES.--The agency may 16 pay for an annual routine physical examination, conducted by 17 or under the direction of a licensed physician, for a 18 recipient age 21 or older, without regard to medical 19 necessity, in order to detect and prevent disease, disability, 20 or other health condition or its progression. 21 (3) AMBULATORY SURGICAL CENTER SERVICES.--The agency 22 may pay for services provided to a recipient in an ambulatory 23 surgical center licensed under part I of chapter 395, by or 24 under the direction of a licensed physician or dentist. 25 (4) BIRTH CENTER SERVICES.--The agency may pay for 26 examinations and delivery, recovery, and newborn assessment, 27 and related services, provided in a licensed birth center 28 staffed with licensed physicians, certified nurse midwives, 29 and midwives licensed in accordance with chapter 467, to a 30 recipient expected to experience a low-risk pregnancy and 31 delivery. 9 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (5) CASE MANAGEMENT SERVICES.--The agency may pay for 2 primary care case management services rendered to a recipient 3 pursuant to a federally approved waiver, and targeted case 4 management services for specific groups of targeted 5 recipients, for which funding has been provided and which are 6 rendered pursuant to federal guidelines. The agency is 7 authorized to limit reimbursement for targeted case management 8 services in order to comply with any limitations or directions 9 provided for in the General Appropriations Act. 10 Notwithstanding s. 216.292, the Department of Children and 11 Family Services may transfer general funds to the Agency for 12 Health Care Administration to fund state match requirements 13 exceeding the amount specified in the General Appropriations 14 Act for targeted case management services. 15 (6) CHILDREN'S DENTAL SERVICES.--The agency may pay 16 for diagnostic, preventive, or corrective procedures, 17 including orthodontia in severe cases, provided to a recipient 18 under age 21, by or under the supervision of a licensed 19 dentist. Services provided under this program include 20 treatment of the teeth and associated structures of the oral 21 cavity, as well as treatment of disease, injury, or impairment 22 that may affect the oral or general health of the individual. 23 However, Medicaid will not provide reimbursement for dental 24 services provided in a mobile dental unit, except for a mobile 25 dental unit: 26 (a) Owned by, operated by, or having a contractual 27 agreement with the Department of Health and complying with 28 Medicaid's county health department clinic services program 29 specifications as a county health department clinic services 30 provider. 31 (b) Owned by, operated by, or having a contractual 10 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 arrangement with a federally qualified health center and 2 complying with Medicaid's federally qualified health center 3 specifications as a federally qualified health center 4 provider. 5 (c) Rendering dental services to Medicaid recipients, 6 21 years of age and older, at nursing facilities. 7 (d) Owned by, operated by, or having a contractual 8 agreement with a state-approved dental educational 9 institution. 10 (7) CHIROPRACTIC SERVICES.--The agency may pay for 11 manual manipulation of the spine and initial services, 12 screening, and X rays provided to a recipient by a licensed 13 chiropractic physician. 14 (8) COMMUNITY MENTAL HEALTH SERVICES.--The agency may 15 pay for rehabilitative services provided to a recipient by a 16 mental health or substance abuse provider licensed by the 17 agency and under contract with the agency or the Department of 18 Children and Family Services to provide such services. Those 19 services which are psychiatric in nature shall be rendered or 20 recommended by a psychiatrist, and those services which are 21 medical in nature shall be rendered or recommended by a 22 physician or psychiatrist. The agency must develop a provider 23 enrollment process for community mental health providers which 24 bases provider enrollment on an assessment of service need. 25 The provider enrollment process shall be designed to control 26 costs, prevent fraud and abuse, consider provider expertise 27 and capacity, and assess provider success in managing 28 utilization of care and measuring treatment outcomes. 29 Providers will be selected through a competitive procurement 30 or selective contracting process. In addition to other 31 community mental health providers, the agency shall consider 11 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 for enrollment mental health programs licensed under chapter 2 395 and group practices licensed under chapter 458, chapter 3 459, chapter 490, or chapter 491. The agency is also 4 authorized to continue operation of its behavioral health 5 utilization management program and may develop new services if 6 these actions are necessary to ensure savings from the 7 implementation of the utilization management system. The 8 agency shall coordinate the implementation of this enrollment 9 process with the Department of Children and Family Services 10 and the Department of Juvenile Justice. The agency is 11 authorized to utilize diagnostic criteria in setting 12 reimbursement rates, to preauthorize certain high-cost or 13 highly utilized services, to limit or eliminate coverage for 14 certain services, or to make any other adjustments necessary 15 to comply with any limitations or directions provided for in 16 the General Appropriations Act. 17 (9) DIALYSIS FACILITY SERVICES.--Subject to specific 18 appropriations being provided for this purpose, the agency may 19 pay a dialysis facility that is approved as a dialysis 20 facility in accordance with Title XVIII of the Social Security 21 Act, for dialysis services that are provided to a Medicaid 22 recipient under the direction of a physician licensed to 23 practice medicine or osteopathic medicine in this state, 24 including dialysis services provided in the recipient's home 25 by a hospital-based or freestanding dialysis facility. 26 (10) DURABLE MEDICAL EQUIPMENT.--The agency may 27 authorize and pay for certain durable medical equipment and 28 supplies provided to a Medicaid recipient as medically 29 necessary. 30 (11) HEALTHY START SERVICES.--The agency may pay for a 31 continuum of risk-appropriate medical and psychosocial 12 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 services for the Healthy Start program in accordance with a 2 federal waiver. The agency may not implement the federal 3 waiver unless the waiver permits the state to limit enrollment 4 or the amount, duration, and scope of services to ensure that 5 expenditures will not exceed funds appropriated by the 6 Legislature or available from local sources. If the Health 7 Care Financing Administration does not approve a federal 8 waiver for Healthy Start services, the agency, in consultation 9 with the Department of Health and the Florida Association of 10 Healthy Start Coalitions, is authorized to establish a 11 Medicaid certified-match program for Healthy Start services. 12 Participation in the Healthy Start certified-match program 13 shall be voluntary, and reimbursement shall be limited to the 14 federal Medicaid share to Medicaid-enrolled Healthy Start 15 coalitions for services provided to Medicaid recipients. The 16 agency shall take no action to implement a certified-match 17 program without ensuring that the amendment and review 18 requirements of ss. 216.177 and 216.181 have been met. 19 (12) HEARING SERVICES.--The agency may pay for hearing 20 and related services, including hearing evaluations, hearing 21 aid devices, dispensing of the hearing aid, and related 22 repairs, if provided to a recipient by a licensed hearing aid 23 specialist, otolaryngologist, otologist, audiologist, or 24 physician. 25 (13) HOME AND COMMUNITY-BASED SERVICES.--The agency 26 may pay for home-based or community-based services that are 27 rendered to a recipient in accordance with a federally 28 approved waiver program. 29 (14) HOSPICE CARE SERVICES.--The agency may pay for 30 all reasonable and necessary services for the palliation or 31 management of a recipient's terminal illness, if the services 13 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 are provided by a hospice that is licensed under part VI of 2 chapter 400 and meets Medicare certification requirements. 3 (15) INTERMEDIATE CARE FACILITY FOR THE 4 DEVELOPMENTALLY DISABLED SERVICES.--The agency may pay for 5 health-related care and services provided on a 24-hour-a-day 6 basis by a facility licensed and certified as a Medicaid 7 Intermediate Care Facility for the Developmentally Disabled, 8 for a recipient who needs such care because of a developmental 9 disability. 10 (16) INTERMEDIATE CARE SERVICES.--The agency may pay 11 for 24-hour-a-day intermediate care nursing and rehabilitation 12 services rendered to a recipient in a nursing facility 13 licensed under part II of chapter 400, if the services are 14 ordered by and provided under the direction of a physician. 15 (17) OPTOMETRIC SERVICES.--The agency may pay for 16 services provided to a recipient, including examination, 17 diagnosis, treatment, and management, related to ocular 18 pathology, if the services are provided by a licensed 19 optometrist or physician. 20 (18) PHYSICIAN ASSISTANT SERVICES.--The agency may pay 21 for all services provided to a recipient by a physician 22 assistant licensed under s. 458.347 or s. 459.022. 23 Reimbursement for such services must be not less than 80 24 percent of the reimbursement that would be paid to a physician 25 who provided the same services. 26 (19) PODIATRIC SERVICES.--The agency may pay for 27 services, including diagnosis and medical, surgical, 28 palliative, and mechanical treatment, related to ailments of 29 the human foot and lower leg, if provided to a recipient by a 30 podiatric physician licensed under state law. 31 (20) PRESCRIBED DRUG SERVICES.--The agency may pay for 14 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 medications that are prescribed for a recipient by a physician 2 or other licensed practitioner of the healing arts authorized 3 to prescribe medications and that are dispensed to the 4 recipient by a licensed pharmacist or physician in accordance 5 with applicable state and federal law. 6 (21) REGISTERED NURSE FIRST ASSISTANT SERVICES.--The 7 agency may pay for all services provided to a recipient by a 8 registered nurse first assistant as described in s. 464.027. 9 Reimbursement for such services may not be less than 80 10 percent of the reimbursement that would be paid to a physician 11 providing the same services. 12 (22) STATE HOSPITAL SERVICES.--The agency may pay for 13 all-inclusive psychiatric inpatient hospital care provided to 14 a recipient age 65 or older in a state mental hospital. 15 (23) VISUAL SERVICES.--The agency may pay for visual 16 examinations, eyeglasses, and eyeglass repairs for a 17 recipient, if they are prescribed by a licensed physician 18 specializing in diseases of the eye or by a licensed 19 optometrist. 20 (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.--The 21 Agency for Health Care Administration, in consultation with 22 the Department of Children and Family Services, may establish 23 a targeted case-management pilot project in those counties 24 identified by the Department of Children and Family Services 25 and for the community-based child welfare project in Sarasota 26 and Manatee counties, as authorized under s. 409.1671. These 27 projects shall be established for the purpose of determining 28 the impact of targeted case management on the child welfare 29 program and the earnings from the child welfare program. 30 Results of the pilot projects shall be reported to the Child 31 Welfare Estimating Conference and the Social Services 15 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Estimating Conference established under s. 216.136. The number 2 of projects may not be increased until requested by the 3 Department of Children and Family Services, recommended by the 4 Child Welfare Estimating Conference and the Social Services 5 Estimating Conference, and approved by the Legislature. The 6 covered group of individuals who are eligible to receive 7 targeted case management include children who are eligible for 8 Medicaid; who are between the ages of birth through 21; and 9 who are under protective supervision or postplacement 10 supervision, under foster-care supervision, or in shelter care 11 or foster care. The number of individuals who are eligible to 12 receive targeted case management shall be limited to the 13 number for whom the Department of Children and Family Services 14 has available matching funds to cover the costs. The general 15 revenue funds required to match the funds for services 16 provided by the community-based child welfare projects are 17 limited to funds available for services described under s. 18 409.1671. The Department of Children and Family Services may 19 transfer the general revenue matching funds as billed by the 20 Agency for Health Care Administration. 21 Section 3. Effective January 1, 2002, subsection (1) 22 of section 490.012, Florida Statutes, is amended to read: 23 490.012 Violations; penalties; injunction.-- 24 (1)(a) No person shall hold herself or himself out by 25 any professional title, name, or description incorporating the 26 word "psychologist" unless such person holds a valid, active 27 license as a psychologist under this chapter. 28 (b) No person shall hold herself or himself out by any 29 professional title, name, or description incorporating the 30 words "school psychologist" unless such person holds a valid, 31 active license as a school psychologist under this chapter or 16 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 is certified as a school psychologist by the Department of 2 Education. 3 (c)(1)(a) No person shall hold herself or himself out 4 by any title or description incorporating the words, or 5 permutations of them, "psychologist," "psychology," 6 "psychological," or "psychodiagnostic," or "school 7 psychologist," or describe any test or report as 8 psychological, unless such person holds a valid, active 9 license under this chapter or is exempt from the provisions of 10 this chapter. 11 (d)(b) No person shall hold herself or himself out by 12 any title or description incorporating the word, or a 13 permutation of the word, "psychotherapy" unless such person 14 holds a valid, active license under chapter 458, chapter 459, 15 chapter 490, or chapter 491, or such person is certified as an 16 advanced registered nurse practitioner, pursuant to s. 17 464.012, who has been determined by the Board of Nursing as a 18 specialist in psychiatric mental health. 19 (e)(c) No person licensed or provisionally licensed 20 pursuant to this chapter shall hold herself or himself out by 21 any title or description which indicates licensure other than 22 that which has been granted to her or him. 23 Section 4. Effective January 1, 2002, section 490.014, 24 Florida Statutes, is amended to read: 25 490.014 Exemptions.-- 26 (1)(a) No provision of this chapter shall be construed 27 to limit the practice of physicians licensed pursuant to 28 chapter 458 or chapter 459 so long as they do not hold 29 themselves out to the public as psychologists or use a 30 professional title protected by this chapter. 31 (b) No provision of this chapter shall be construed to 17 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 limit the practice of nursing, clinical social work, marriage 2 and family therapy, mental health counseling, or other 3 recognized businesses or professions, or to prevent qualified 4 members of other professions from doing work of a nature 5 consistent with their training, so long as they do not hold 6 themselves out to the public as psychologists or use a title 7 or description protected by this chapter. Nothing in this 8 subsection shall be construed to exempt any person from the 9 provisions of s. 490.012. 10 (2) No person shall be required to be licensed or 11 provisionally licensed under this chapter who: 12 (a) Is a salaried employee of a government agency; 13 developmental services program, mental health, alcohol, or 14 drug abuse facility operating pursuant to chapter 393, chapter 15 394, or chapter 397; subsidized child care program, subsidized 16 child care case management program, or child care resource and 17 referral program operating pursuant to chapter 402; 18 child-placing or child-caring agency licensed pursuant to 19 chapter 409; domestic violence center certified pursuant to 20 chapter 39; accredited academic institution; or research 21 institution, if such employee is performing duties for which 22 he or she was trained and hired solely within the confines of 23 such agency, facility, or institution, so long as the employee 24 is not held out to the public as a psychologist pursuant to s. 25 490.012(1)(a). 26 (b) Is a salaried employee of a private, nonprofit 27 organization providing counseling services to children, youth, 28 and families, if such services are provided for no charge, if 29 such employee is performing duties for which he or she was 30 trained and hired, so long as the employee is not held out to 31 the public as a psychologist pursuant to s. 490.012(1)(a). 18 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (c) Is a student who is pursuing a course of study 2 which leads to a degree in medicine or a profession regulated 3 by this chapter who is providing services in a training 4 setting, provided such activities or services constitute part 5 of a supervised course of study, or is a graduate accumulating 6 the experience required for any licensure under this chapter, 7 provided such graduate or student is designated by a title 8 such as "intern" or "trainee" which clearly indicates the 9 in-training status of the student. 10 (d) Is certified in school psychology by the 11 Department of Education and is performing psychological 12 services as an employee of a public or private educational 13 institution. Such exemption shall not be construed to 14 authorize any unlicensed practice which is not performed as a 15 direct employee of an educational institution. 16 (e) Is not a resident of the state but offers services 17 in this state, provided: 18 1. Such services are performed for no more than 5 days 19 in any month and no more than 15 days in any calendar year; 20 and 21 2. Such nonresident is licensed or certified by a 22 state or territory of the United States, or by a foreign 23 country or province, the standards of which were, at the date 24 of his or her licensure or certification, equivalent to or 25 higher than the requirements of this chapter in the opinion of 26 the department or, in the case of psychologists, in the 27 opinion of the board. 28 (f) Is a rabbi, priest, minister, or member of the 29 clergy of any religious denomination or sect when engaging in 30 activities which are within the scope of the performance of 31 his or her regular or specialized ministerial duties and for 19 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 which no separate charge is made, or when such activities are 2 performed, with or without charge, for or under the auspices 3 or sponsorship, individually or in conjunction with others, of 4 an established and legally cognizable church, denomination, or 5 sect, and when the person rendering service remains 6 accountable to the established authority thereof. 7 (3) No provision of this chapter shall be construed to 8 limit the practice of any individual who solely engages in 9 behavior analysis so long as he or she does not hold himself 10 or herself out to the public as possessing a license issued 11 pursuant to this chapter or use a title or description 12 protected by this chapter. 13 (4) Nothing in this section shall exempt any person 14 from the provisions provision of s. 490.012(1)(a)-(b). 15 (5) Except as stipulated by the board, the exemptions 16 contained in this section do not apply to any person licensed 17 under this chapter whose license has been suspended or revoked 18 by the board or another jurisdiction. 19 Section 5. Except as otherwise provided herein, this 20 act shall take effect July 1, 2001. 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 remove from the title of the bill: everything before the 26 enacting clause 27 28 and insert in lieu thereof: 29 A bill to be entitled 30 An act relating to health care; amending s. 31 409.905, F.S.; providing that the Agency for 20 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063
HOUSE AMENDMENT 736-123AX-21 Bill No. CS for SB 992, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Health Care Administration may restrict the 2 provision of mandatory Medicaid services by 3 mobile providers; amending s. 409.906, F.S.; 4 providing that the agency may restrict or 5 prohibit the provision of optional Medicaid 6 services by mobile providers; providing that 7 Medicaid will not provide reimbursement for 8 dental services provided in mobile dental 9 units, except for certain units; amending s. 10 490.012, F.S.; prohibiting the use of certain 11 titles or descriptions relating to the practice 12 of psychology or school psychology unless 13 properly licensed; providing penalties; 14 amending s. 490.014, F.S.; revising exemptions 15 from regulation under ch. 490, F.S., relating 16 to psychology; providing effective dates. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 21 File original & 9 copies 05/01/01 hbd0011 10:56 am 00992-0111-063063