House Bill hb0075B

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    Florida House of Representatives - 2001                HB 75-B

        By the Fiscal Responsibility Council and Representative
    Murman





  1                      A bill to be entitled

  2         An act relating to health care; amending ss.

  3         409.903 and 409.904, F.S.; revising eligibility

  4         categories for optional Medicaid services;

  5         restricting certain nursing, intermediate care,

  6         or state mental hospital services to the extent

  7         that Medicaid contract beds are available;

  8         amending s. 409.905, F.S.; restricting certain

  9         nursing and rehabilitative services to the

10         extent that Medicaid beds are available;

11         amending s. 409.906, F.S.; eliminating Medicaid

12         coverage for adult denture services; limiting

13         coverage for hearing and visual services to

14         children under age 21; restricting certain

15         intermediate care nursing and rehabilitation

16         services to the extent that Medicaid contract

17         beds are available; authorizing the Agency for

18         Health Care Administration to use mail order

19         pharmacies for drugs prescribed for a Medicaid

20         recipient; amending s. 409.9065, F.S.; revising

21         eligibility for the pharmaceutical expense

22         assistance program; limiting program enrollment

23         levels and authorizing the agency to develop a

24         waiting list; amending s. 409.907, F.S.;

25         authorizing the agency to withhold payments to

26         a Medicaid provider that the agency is

27         investigating for fraud or abuse; providing for

28         inspections and submission of background

29         information as a condition of initial and

30         renewal applications for provider participation

31         in the Medicaid program; clarifying timeframe

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  1         for enrollment of providers; providing

  2         additional considerations for denial of a

  3         provider application; amending s. 409.908,

  4         F.S.; revising pharmacy provider dispensing

  5         fees for products on the preferred drug list

  6         and those not so listed; amending ss. 409.912

  7         and 409.9122, F.S.; eliminating requirement

  8         that the agency provide enrollment choice

  9         counseling to certain Medicaid recipients;

10         amending s. 409.913, F.S.; specifying

11         additional sanctions which may be imposed by

12         the agency against a Medicaid provider;

13         removing a limitation on certain costs the

14         agency is entitled to recover for provider

15         violations; amending s. 409.915, F.S.;

16         increasing county Medicaid contributions for

17         certain inpatient hospitalization and nursing

18         home and intermediate facilities care; amending

19         ss. 400.071, 400.191, 400.23, 400.235,

20         409.8132, and 409.815, F.S.; removing

21         references to Medicaid enrollment choice

22         counseling and to nursing facility consumer

23         satisfaction surveys, to conform to the act;

24         correcting cross references; repealing s.

25         400.0225, F.S., relating to nursing facility

26         consumer satisfaction surveys; providing that

27         the act fulfills an important state interest;

28         repealing s. 400.148, F.S., relating to the

29         Medicaid "Up or Out" Quality of Care Contract

30         Management Program; repealing ss. 464.0195,

31         464.0196, and 464.0197, F.S., relating to

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  1         establishment, operation, and funding of the

  2         Florida Center for Nursing; providing effective

  3         dates.

  4

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

  6

  7         Section 1.  Subsection (8) of section 409.903, Florida

  8  Statutes, is amended to read:

  9         409.903  Mandatory payments for eligible persons.--The

10  agency shall make payments for medical assistance and related

11  services on behalf of the following persons who the

12  department, or the Social Security Administration by contract

13  with the Department of Children and Family Services,

14  determines to be eligible, subject to the income, assets, and

15  categorical eligibility tests set forth in federal and state

16  law.  Payment on behalf of these Medicaid eligible persons is

17  subject to the availability of moneys and any limitations

18  established by the General Appropriations Act or chapter 216.

19         (8)  A person who is age 65 or over or is determined by

20  the agency to be disabled, whose income is at or below 100

21  percent of the most current federal poverty level and whose

22  assets do not exceed limitations established by the agency.

23  However, the agency may only pay for premiums, coinsurance,

24  and deductibles, as required by federal law, unless additional

25  coverage is provided for any or all members of this group by

26  s. 409.904(1).

27         Section 2.  Present subsections (1), (2), and (3) of

28  section 409.904, Florida Statutes, are amended to read:

29         409.904  Optional payments for eligible persons.--The

30  agency may make payments for medical assistance and related

31  services on behalf of the following persons who are determined

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

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

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

  4  availability of moneys and any limitations established by the

  5  General Appropriations Act or chapter 216.

  6         (1)  A person who is age 65 or older or is determined

  7  to be disabled, whose income is at or below 100 percent of

  8  federal poverty level, and whose assets do not exceed

  9  established limitations.

10         (1)(2)  Pregnant women and children under age 1 who

11  would otherwise qualify for Medicaid under s. 409.903(5) and

12  children under age 18 who would otherwise qualify under

13  subsection (7) or s. 409.903(6) or (7) except for their level

14  of income and whose assets fall within the limits established

15  by the Department of Children and Family Services for the

16  medically needy. Coverage for the medically needy is not

17  available to presumptively eligible pregnant women. A family,

18  a pregnant woman, a child under age 18, a person age 65 or

19  over, or a blind or disabled person who would be eligible

20  under any group listed in s. 409.903(1), (2), or (3), except

21  that the income or assets of such family or person exceed

22  established limitations. For a family or person in this group,

23  medical expenses are deductible from income in accordance with

24  federal requirements in order to make a determination of

25  eligibility.  A family or person in this group, which group is

26  known as the "medically needy," is eligible to receive the

27  same services as other Medicaid recipients, with the exception

28  of services in skilled nursing facilities and intermediate

29  care facilities for the developmentally disabled.

30         (2)(3)  To the extent Medicaid contract beds are

31  available, a person who is in need of the services of a

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  1  licensed nursing facility, a licensed intermediate care

  2  facility for the developmentally disabled, or a state mental

  3  hospital, whose income does not exceed 300 percent of the SSI

  4  income standard, and who meets the assets standards

  5  established under federal and state law.

  6         Section 3.  Subsection (8) of section 409.905, Florida

  7  Statutes, is amended to read:

  8         409.905  Mandatory Medicaid services.--The agency may

  9  make payments for the following services, which are required

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

11  furnished by Medicaid providers to recipients who are

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

13  were provided. Any service under this section shall be

14  provided only when medically necessary and in accordance with

15  state and federal law. Mandatory services rendered by

16  providers in mobile units to Medicaid recipients may be

17  restricted by the agency. Nothing in this section shall be

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

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

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

21  the availability of moneys and any limitations or directions

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

23         (8)  NURSING FACILITY SERVICES.--To the extent that

24  Medicaid contract beds are available, the agency shall pay for

25  24-hour-a-day nursing and rehabilitative services for a

26  recipient in a nursing facility licensed under part II of

27  chapter 400 or in a rural hospital, as defined in s. 395.602,

28  or in a Medicare certified skilled nursing facility operated

29  by a hospital, as defined by s. 395.002(11), that is licensed

30  under part I of chapter 395, and in accordance with provisions

31  set forth in s. 409.908(2)(a), which services are ordered by

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  1  and provided under the direction of a licensed physician.

  2  However, if a nursing facility has been destroyed or otherwise

  3  made uninhabitable by natural disaster or other emergency and

  4  another nursing facility is not available, the agency must pay

  5  for similar services temporarily in a hospital licensed under

  6  part I of chapter 395 provided federal funding is approved and

  7  available.

  8         Section 4.  Present subsections (1), (12), (16), (20),

  9  and (23) of section 409.906, Florida Statutes, are amended to

10  read:

11         409.906  Optional Medicaid services.--Subject to

12  specific appropriations, the agency may make payments for

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

14  the Social Security Act and are furnished by Medicaid

15  providers to recipients who are determined to be eligible on

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

17  service that is provided shall be provided only when medically

18  necessary and in accordance with state and federal law.

19  Optional services rendered by providers in mobile units to

20  Medicaid recipients may be restricted or prohibited by the

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

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

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

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

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

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

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

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

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

  9  mobile dental unit:

10         (a)  Owned by, operated by, or having a contractual

11  agreement with the Department of Health and complying with

12  Medicaid's county health department clinic services program

13  specifications as a county health department clinic services

14  provider.

15         (b)  Owned by, operated by, or having a contractual

16  arrangement with a federally qualified health center and

17  complying with Medicaid's federally qualified health center

18  specifications as a federally qualified health center

19  provider.

20         (c)  Rendering dental services to Medicaid recipients,

21  21 years of age and older, at nursing facilities.

22         (d)  Owned by, operated by, or having a contractual

23  agreement with a state-approved dental educational

24  institution.

25         (11)(12)  CHILDREN'S HEARING SERVICES.--The agency may

26  pay for hearing and related services, including hearing

27  evaluations, hearing aid devices, dispensing of the hearing

28  aid, and related repairs, if provided to a recipient under age

29  21 by a licensed hearing aid specialist, otolaryngologist,

30  otologist, audiologist, or physician.

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  1         (15)(16)  INTERMEDIATE CARE SERVICES.--To the extent

  2  that Medicaid contract beds are available, the agency may pay

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

  4  services rendered to a recipient in a nursing facility

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

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

  7         (19)(20)  PRESCRIBED DRUG SERVICES.--The agency may pay

  8  for medications that are prescribed for a recipient by a

  9  physician or other licensed practitioner of the healing arts

10  authorized to prescribe medications and that are dispensed to

11  the recipient by a licensed pharmacist or physician in

12  accordance with applicable state and federal law. The agency

13  may use mail order pharmacy services for dispensing drugs.

14         (22)(23)  CHILDREN'S VISUAL SERVICES.--The agency may

15  pay for visual examinations, eyeglasses, and eyeglass repairs

16  for a recipient under age 21, if they are prescribed by a

17  licensed physician specializing in diseases of the eye or by a

18  licensed optometrist.

19         Section 5.  Subsections (2), (3), and (5) of section

20  409.9065, Florida Statutes, are amended to read:

21         409.9065  Pharmaceutical expense assistance.--

22         (1)  PROGRAM ESTABLISHED.--There is established a

23  program to provide pharmaceutical expense assistance to

24  certain low-income elderly individuals.

25         (2)  ELIGIBILITY.--Two groups of individuals are

26  eligible for the program:

27         (a)  Individuals age 65 and older or disabled adults

28  age 21 and older with incomes above the supplemental security

29  income level but below 90 percent of the federal poverty

30  level.

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  1         (b)  Eligibility for the program is limited to those

  2  Individuals who qualify for limited assistance under the

  3  Florida Medicaid program as a result of being dually eligible

  4  for both Medicare and Medicaid, but whose limited assistance

  5  or Medicare coverage does not include any pharmacy benefit. To

  6  the extent that funds are appropriated, specifically eligible

  7  are low-income senior citizens who:

  8         1.(a)  Are Florida residents age 65 and over;

  9         2.(b)  Have an income between 90 and 120 percent of the

10  federal poverty level;

11         3.(c)  Are eligible for both Medicare and Medicaid;

12         4.(d)  Are not enrolled in a Medicare health

13  maintenance organization that provides a pharmacy benefit; and

14         5.(e)  Request to be enrolled in the program.

15         (3)  BENEFITS.--Medications covered under the

16  pharmaceutical expense assistance program are those covered

17  under the Medicaid program in s. 409.906(19)(20). Monthly

18  benefit payments shall be limited to $80 per program

19  participant. Participants are required to make a 10-percent

20  coinsurance payment for each prescription purchased through

21  this program.

22         (5)  NONENTITLEMENT.--The pharmaceutical expense

23  assistance program established by this section is not an

24  entitlement. Enrollment levels are limited to those authorized

25  by the Legislature in appropriation. If there are insufficient

26  funds to serve all individuals eligible under subsection (2)

27  and seeking coverage, the agency is authorized to develop a

28  waiting list based on application date to use for enrolling

29  individuals in unfilled enrollment slots.

30

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  1         Section 6.  Effective upon becoming a law, paragraph

  2  (a) of subsection (5) and subsections (7) and (9) of section

  3  409.907, Florida Statutes, are amended to read:

  4         409.907  Medicaid provider agreements.--The agency may

  5  make payments for medical assistance and related services

  6  rendered to Medicaid recipients only to an individual or

  7  entity who has a provider agreement in effect with the agency,

  8  who is performing services or supplying goods in accordance

  9  with federal, state, and local law, and who agrees that no

10  person shall, on the grounds of handicap, race, color, or

11  national origin, or for any other reason, be subjected to

12  discrimination under any program or activity for which the

13  provider receives payment from the agency.

14         (5)  The agency:

15         (a)  Is required to make timely payment at the

16  established rate for services or goods furnished to a

17  recipient by the provider upon receipt of a properly completed

18  claim form.  The claim form shall require certification that

19  the services or goods have been completely furnished to the

20  recipient and that, with the exception of those services or

21  goods specified by the agency, the amount billed does not

22  exceed the provider's usual and customary charge for the same

23  services or goods. The agency may withhold payment to a

24  provider for any pending claim if the provider is under an

25  active fraud or abuse investigation by the agency until the

26  conclusion of the investigation by the agency. When exercising

27  the provisions of this paragraph, the agency shall complete

28  its investigation in a timely manner.

29         (7)  The agency may require, as a condition of

30  participating in the Medicaid program and before entering into

31  the provider agreement, that the provider submit information,

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  1  in an initial and any required renewal applications,

  2  concerning the professional, business, and personal background

  3  of the provider and permit an onsite inspection of the

  4  provider's service location by agency staff or other personnel

  5  designated by the agency to perform this function. Before

  6  entering into the provider agreement, or as a condition of

  7  continuing participation in the Medicaid program, the agency

  8  may also require that Medicaid providers reimbursed on a

  9  fee-for-services basis or fee schedule basis which is not

10  cost-based, post a surety bond not to exceed $50,000 or the

11  total amount billed by the provider to the program during the

12  current or most recent calendar year, whichever is greater.

13  For new providers, the amount of the surety bond shall be

14  determined by the agency based on the provider's estimate of

15  its first year's billing. If the provider's billing during the

16  first year exceeds the bond amount, the agency may require the

17  provider to acquire an additional bond equal to the actual

18  billing level of the provider. A provider's bond shall not

19  exceed $50,000 if a physician or group of physicians licensed

20  under chapter 458, chapter 459, or chapter 460 has a 50

21  percent or greater ownership interest in the provider or if

22  the provider is an assisted living facility licensed under

23  part III of chapter 400. The bonds permitted by this section

24  are in addition to the bonds referenced in s. 400.179(4)(d).

25  If the provider is a corporation, partnership, association, or

26  other entity, the agency may require the provider to submit

27  information concerning the background of that entity and of

28  any principal of the entity, including any partner or

29  shareholder having an ownership interest in the entity equal

30  to 5 percent or greater, and any treating provider who

31

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  1  participates in or intends to participate in Medicaid through

  2  the entity. The information must include:

  3         (a)  Proof of holding a valid license or operating

  4  certificate, as applicable, if required by the state or local

  5  jurisdiction in which the provider is located or if required

  6  by the Federal Government.

  7         (b)  Information concerning any prior violation, fine,

  8  suspension, termination, or other administrative action taken

  9  under the Medicaid laws, rules, or regulations of this state

10  or of any other state or the Federal Government; any prior

11  violation of the laws, rules, or regulations relating to the

12  Medicare program; any prior violation of the rules or

13  regulations of any other public or private insurer; and any

14  prior violation of the laws, rules, or regulations of any

15  regulatory body of this or any other state.

16         (c)  Full and accurate disclosure of any financial or

17  ownership interest that the provider, or any principal,

18  partner, or major shareholder thereof, may hold in any other

19  Medicaid provider or health care related entity or any other

20  entity that is licensed by the state to provide health or

21  residential care and treatment to persons.

22         (d)  If a group provider, identification of all members

23  of the group and attestation that all members of the group are

24  enrolled in or have applied to enroll in the Medicaid program.

25         (9)  Upon receipt of a completed, signed, and dated

26  application, and completion of any necessary background

27  investigation and criminal history record check, the agency

28  must either:

29         (a)  Enroll the applicant as a Medicaid provider no

30  earlier than the effective date of the approval of the

31  provider application; or

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  1         (b)  Deny the application if the agency finds that it

  2  is in the best interest of the Medicaid program to do so. The

  3  agency may consider the factors listed in subsection (10), as

  4  well as any other factor that could affect the effective and

  5  efficient administration of the program, including, but not

  6  limited to, the current availability of medical care,

  7  services, or supplies to recipients, taking into account

  8  geographic location and reasonable travel time; the number of

  9  providers of the same type already enrolled in the same

10  geographic area; and the credentials, experience, success, and

11  patient outcomes of the provider for the services for which it

12  is making application to provide in the Medicaid program.

13         Section 7.  Paragraphs (g) and (t) of subsection (3)

14  and subsections (14) and (20) of section 409.908, Florida

15  Statutes, are amended to read:

16         409.908  Reimbursement of Medicaid providers.--Subject

17  to specific appropriations, the agency shall reimburse

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

19  according to methodologies set forth in the rules of the

20  agency and in policy manuals and handbooks incorporated by

21  reference therein.  These methodologies may include fee

22  schedules, reimbursement methods based on cost reporting,

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

24  and other mechanisms the agency considers efficient and

25  effective for purchasing services or goods on behalf of

26  recipients.  Payment for Medicaid compensable services made on

27  behalf of Medicaid eligible persons is subject to the

28  availability of moneys and any limitations or directions

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

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

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

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

  2  making any other adjustments necessary to comply with the

  3  availability of moneys and any limitations or directions

  4  provided for in the General Appropriations Act, provided the

  5  adjustment is consistent with legislative intent.

  6         (3)  Subject to any limitations or directions provided

  7  for in the General Appropriations Act, the following Medicaid

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

  9  basis. For each allowable service or goods furnished in

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

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

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

13  the maximum allowable fee established by the agency, whichever

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

15  for which the agency makes payment using a methodology based

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

17         (g)  Children's hearing services.

18         (t)  Children's visual services.

19         (14)  A provider of prescribed drugs shall be

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

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

22  allowable fee established by the agency, plus a dispensing

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

24  fee for payments for prescribed medicines while ensuring

25  continued access for Medicaid recipients.  The variable

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

27  or both the volume of prescriptions dispensed by a specific

28  pharmacy provider, and the volume of prescriptions dispensed

29  to an individual recipient, and dispensing of preferred drug

30  list products. The agency shall increase the pharmacy

31  dispensing fee authorized by statute and appropriation by

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  1  $0.50 for the dispensing of a Medicaid preferred drug list

  2  product and reduce the pharmacy dispensing fee by $0.50 for

  3  the dispensing of a Medicaid product that is not included on

  4  the preferred drug list. The agency is authorized to limit

  5  reimbursement for prescribed medicine in order to comply with

  6  any limitations or directions provided for in the General

  7  Appropriations Act, which may include implementing a

  8  prospective or concurrent utilization review program.

  9         (20)  A renal dialysis facility that provides dialysis

10  services under s. 409.906(8)(9) must be reimbursed the lesser

11  of the amount billed by the provider, the provider's usual and

12  customary charge, or the maximum allowable fee established by

13  the agency, whichever amount is less.

14         Section 8.  Subsection (26) of section 409.912, Florida

15  Statutes, is amended to read:

16         409.912  Cost-effective purchasing of health care.--The

17  agency shall purchase goods and services for Medicaid

18  recipients in the most cost-effective manner consistent with

19  the delivery of quality medical care.  The agency shall

20  maximize the use of prepaid per capita and prepaid aggregate

21  fixed-sum basis services when appropriate and other

22  alternative service delivery and reimbursement methodologies,

23  including competitive bidding pursuant to s. 287.057, designed

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

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

26  minimize the exposure of recipients to the need for acute

27  inpatient, custodial, and other institutional care and the

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

29  agency may establish prior authorization requirements for

30  certain populations of Medicaid beneficiaries, certain drug

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

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  1  and possible dangerous drug interactions. The Pharmaceutical

  2  and Therapeutics Committee shall make recommendations to the

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

  4  agency shall inform the Pharmaceutical and Therapeutics

  5  Committee of its decisions regarding drugs subject to prior

  6  authorization.

  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         Section 9.  Paragraph (e) of subsection (2) of section

  4  409.9122, Florida Statutes, is amended to read:

  5         409.9122  Mandatory Medicaid managed care enrollment;

  6  programs and procedures.--

  7         (2)

  8         (e)  Prior to requesting a Medicaid recipient who is

  9  subject to mandatory managed care enrollment to make a choice

10  between a managed care plan or MediPass, the agency shall

11  contact and provide choice counseling to the recipient.

12  Medicaid recipients who are already enrolled in a managed care

13  plan or MediPass shall be offered the opportunity to change

14  managed care plans or MediPass providers on a staggered basis,

15  as defined by the agency.  All Medicaid recipients shall have

16  90 days in which to make a choice of managed care plans or

17  MediPass providers.  Those Medicaid recipients who do not make

18  a choice shall be assigned to a managed care plan or MediPass

19  in accordance with paragraph (f).  To facilitate continuity of

20  care, for a Medicaid recipient who is also a recipient of

21  Supplemental Security Income (SSI), prior to assigning the SSI

22  recipient to a managed care plan or MediPass, the agency shall

23  determine whether the SSI recipient has an ongoing

24  relationship with a MediPass provider or managed care plan,

25  and if so, the agency shall assign the SSI recipient to that

26  MediPass provider or managed care plan.  Those SSI recipients

27  who do not have such a provider relationship shall be assigned

28  to a managed care plan or MediPass provider in accordance with

29  paragraph (f).

30         Section 10.  Effective upon becoming a law, paragraphs

31  (f) and (g) are added to subsection (15) of section 409.913,

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  1  Florida Statutes, and paragraph (a) of subsection (22) of said

  2  section is amended, to read:

  3         409.913  Oversight of the integrity of the Medicaid

  4  program.--The agency shall operate a program to oversee the

  5  activities of Florida Medicaid recipients, and providers and

  6  their representatives, to ensure that fraudulent and abusive

  7  behavior and neglect of recipients occur to the minimum extent

  8  possible, and to recover overpayments and impose sanctions as

  9  appropriate.

10         (15)  The agency may impose any of the following

11  sanctions on a provider or a person for any of the acts

12  described in subsection (14):

13         (f)  Imposition of liens against the provider's assets,

14  including, but not limited to, financial assets and real

15  property, not to exceed the amount of the fine or recovery

16  sought.

17         (g)  Other remedies as permitted by law to effect the

18  recovery of a fine or overpayment.

19         (22)(a)  In an audit or investigation of a violation

20  committed by a provider which is conducted pursuant to this

21  section, the agency is entitled to recover all up to $15,000

22  in investigative, legal, and expert witness costs if the

23  agency's findings were not contested by the provider or, if

24  contested, the agency ultimately prevailed.

25         Section 11.  Subsections (1) and (2) of section

26  409.915, Florida Statutes, are amended to read:

27         409.915  County contributions to Medicaid.--Although

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

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

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

31

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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 9 10 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         (b)  Payments for nursing home or intermediate

12  facilities care in excess of $170 per month, with the

13  exception of skilled nursing care for children under age 21.

14         (2)  A county's participation must be 35 percent of the

15  total cost, or the applicable discounted cost paid by the

16  state for Medicaid recipients enrolled in health maintenance

17  organizations or prepaid health plans, of providing the items

18  listed in subsection (1), except that the payments for items

19  listed in paragraph (1)(b) may not exceed $140 $55 per month

20  per person.

21         Section 12.  Subsection (8) of section 400.071, Florida

22  Statutes, is amended to read:

23         400.071  Application for license.--

24         (8)  As a condition of licensure, each facility must

25  agree to participate in a consumer satisfaction measurement

26  process as prescribed by the agency.

27         Section 13.  Paragraphs (a) and (b) of subsection (2)

28  of section 400.191, Florida Statutes, are amended to read:

29         400.191  Availability, distribution, and posting of

30  reports and records.--

31

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  1         (2)  The agency shall provide additional information in

  2  consumer-friendly printed and electronic formats to assist

  3  consumers and their families in comparing and evaluating

  4  nursing home facilities.

  5         (a)  The agency shall provide an Internet site which

  6  shall include at least the following information either

  7  directly or indirectly through a link to another established

  8  site or sites of the agency's choosing:

  9         1.  A list by name and address of all nursing home

10  facilities in this state.

11         2.  Whether such nursing home facilities are

12  proprietary or nonproprietary.

13         3.  The current owner of the facility's license and the

14  year that that entity became the owner of the license.

15         4.  The name of the owner or owners of each facility

16  and whether the facility is affiliated with a company or other

17  organization owning or managing more than one nursing facility

18  in this state.

19         5.  The total number of beds in each facility.

20         6.  The number of private and semiprivate rooms in each

21  facility.

22         7.  The religious affiliation, if any, of each

23  facility.

24         8.  The languages spoken by the administrator and staff

25  of each facility.

26         9.  Whether or not each facility accepts Medicare or

27  Medicaid recipients or insurance, health maintenance

28  organization, Veterans Administration, CHAMPUS program, or

29  workers' compensation coverage.

30         10.  Recreational and other programs available at each

31  facility.

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  1         11.  Special care units or programs offered at each

  2  facility.

  3         12.  Whether the facility is a part of a retirement

  4  community that offers other services pursuant to part III,

  5  part IV, or part V.

  6         13.  The results of consumer and family satisfaction

  7  surveys for each facility, as described in s. 400.0225. The

  8  results may be converted to a score or scores, which may be

  9  presented in either numeric or symbolic form for the intended

10  consumer audience.

11         13.14.  Survey and deficiency information contained on

12  the Online Survey Certification and Reporting (OSCAR) system

13  of the federal Health Care Financing Administration, including

14  annual survey, revisit, and complaint survey information, for

15  each facility for the past 45 months.  For noncertified

16  nursing homes, state survey and deficiency information,

17  including annual survey, revisit, and complaint survey

18  information for the past 45 months shall be provided.

19         14.15.  A summary of the Online Survey Certification

20  and Reporting (OSCAR) data for each facility over the past 45

21  months. Such summary may include a score, rating, or

22  comparison ranking with respect to other facilities based on

23  the number of citations received by the facility of annual,

24  revisit, and complaint surveys; the severity and scope of the

25  citations; and the number of annual recertification surveys

26  the facility has had during the past 45 months. The score,

27  rating, or comparison ranking may be presented in either

28  numeric or symbolic form for the intended consumer audience.

29         (b)  The agency shall provide the following information

30  in printed form:

31

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  1         1.  A list by name and address of all nursing home

  2  facilities in this state.

  3         2.  Whether such nursing home facilities are

  4  proprietary or nonproprietary.

  5         3.  The current owner or owners of the facility's

  6  license and the year that entity became the owner of the

  7  license.

  8         4.  The total number of beds, and of private and

  9  semiprivate rooms, in each facility.

10         5.  The religious affiliation, if any, of each

11  facility.

12         6.  The name of the owner of each facility and whether

13  the facility is affiliated with a company or other

14  organization owning or managing more than one nursing facility

15  in this state.

16         7.  The languages spoken by the administrator and staff

17  of each facility.

18         8.  Whether or not each facility accepts Medicare or

19  Medicaid recipients or insurance, health maintenance

20  organization, Veterans Administration, CHAMPUS program, or

21  workers' compensation coverage.

22         9.  Recreational programs, special care units, and

23  other programs available at each facility.

24         10.  The results of consumer and family satisfaction

25  surveys for each facility, as described in s. 400.0225. The

26  results may be converted to a score or scores, which may be

27  presented in either numeric or symbolic form for the intended

28  consumer audience.

29         10.11.  The Internet address for the site where more

30  detailed information can be seen.

31

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  1         11.12.  A statement advising consumers that each

  2  facility will have its own policies and procedures related to

  3  protecting resident property.

  4         12.13.  A summary of the Online Survey Certification

  5  and Reporting (OSCAR) data for each facility over the past 45

  6  months. Such summary may include a score, rating, or

  7  comparison ranking with respect to other facilities based on

  8  the number of citations received by the facility on annual,

  9  revisit, and complaint surveys; the severity and scope of the

10  citations; the number of citations; and the number of annual

11  recertification surveys the facility has had during the past

12  45 months. The score, rating, or comparison ranking may be

13  presented in either numeric or symbolic form for the intended

14  consumer audience.

15         Section 14.  Paragraph (h) of subsection (2) of section

16  400.23, Florida Statutes, is amended to read:

17         400.23  Rules; evaluation and deficiencies; licensure

18  status.--

19         (2)  Pursuant to the intention of the Legislature, the

20  agency, in consultation with the Department of Health and the

21  Department of Elderly Affairs, shall adopt and enforce rules

22  to implement this part, which shall include reasonable and

23  fair criteria in relation to:

24         (h)  The implementation of the consumer satisfaction

25  survey pursuant to s. 400.0225; The availability,

26  distribution, and posting of reports and records pursuant to

27  s. 400.191; and the Gold Seal Program pursuant to s. 400.235.

28         Section 15.  Paragraph (c) of subsection (5) of section

29  400.235, Florida Statutes, is amended to read:

30         400.235  Nursing home quality and licensure status;

31  Gold Seal Program.--

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  1         (5)  Facilities must meet the following additional

  2  criteria for recognition as a Gold Seal Program facility:

  3         (c)  Participate in a consistently in the required

  4  consumer satisfaction process as prescribed by the agency, and

  5  demonstrate that information is elicited from residents,

  6  family members, and guardians about satisfaction with the

  7  nursing facility, its environment, the services and care

  8  provided, the staff's skills and interactions with residents,

  9  attention to resident's needs, and the facility's efforts to

10  act on information gathered from the consumer satisfaction

11  measures.

12

13  A facility assigned a conditional licensure status may not

14  qualify for consideration for the Gold Seal Program until

15  after it has operated for 30 months with no class I or class

16  II deficiencies and has completed a regularly scheduled

17  relicensure survey.

18         Section 16.  Subsection (7) of section 409.8132,

19  Florida Statutes, is amended to read:

20         409.8132  Medikids program component.--

21         (7)  ENROLLMENT.--Enrollment in the Medikids program

22  component may only occur during periodic open enrollment

23  periods as specified by the agency. An applicant may apply for

24  enrollment in the Medikids program component and proceed

25  through the eligibility determination process at any time

26  throughout the year. However, enrollment in Medikids shall not

27  begin until the next open enrollment period; and a child may

28  not receive services under the Medikids program until the

29  child is enrolled in a managed care plan or MediPass. In

30  addition, once determined eligible, an applicant may receive

31  choice counseling and select a managed care plan or MediPass.

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  1  The agency may initiate mandatory assignment for a Medikids

  2  applicant who has not chosen a managed care plan or MediPass

  3  provider after the applicant's voluntary choice period ends.

  4  An applicant may select MediPass under the Medikids program

  5  component only in counties that have fewer than two managed

  6  care plans available to serve Medicaid recipients and only if

  7  the federal Health Care Financing Administration determines

  8  that MediPass constitutes "health insurance coverage" as

  9  defined in Title XXI of the Social Security Act.

10         Section 17.  Paragraph (q) of subsection (2) of section

11  409.815, Florida Statutes, is amended to read:

12         409.815  Health benefits coverage; limitations.--

13         (2)  BENCHMARK BENEFITS.--In order for health benefits

14  coverage to qualify for premium assistance payments for an

15  eligible child under ss. 409.810-409.820, the health benefits

16  coverage, except for coverage under Medicaid and Medikids,

17  must include the following minimum benefits, as medically

18  necessary.

19         (q)  Dental services.--Subject to a specific

20  appropriation for this benefit, covered services include those

21  dental services provided to children by the Florida Medicaid

22  program under s. 409.906(5)(6).

23         Section 18.  Pursuant to s. 18, Art. VII of the State

24  Constitution, the Legislature finds that this act fulfills an

25  important state interest.

26         Section 19.  Sections 400.0225, 400.148, 464.0195,

27  464.0196, and 464.0197, Florida Statutes, are repealed.

28         Section 20.  Except as otherwise provided herein, this

29  act shall take effect January 1, 2002.

30

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises eligibility categories for optional Medicaid
  4    services. Restricts certain nursing and rehabilitative
      services, intermediate care, and state mental hospital
  5    services to the extent that Medicaid contract beds are
      available. Eliminates Medicaid coverage for adult denture
  6    services. Limits hearing and visual services to children
      under age 21. Authorizes the Agency for Health Care
  7    Administration to use mail order pharmacies for drugs
      prescribed for a Medicaid recipient. Revises eligibility
  8    for the pharmaceutical expense assistance program. Limits
      program enrollment levels and authorizes the agency to
  9    develop a waiting list. Authorizes the agency to withhold
      payments to a Medicaid provider that the agency is
10    investigating for fraud or abuse. Provides for inspection
      and submission of background information as a condition
11    of initial and renewal applications for provider
      participation in the Medicaid program. Clarifies the
12    timeframe for enrollment of providers. Provides
      additional considerations for denial of a provider
13    application.  Revises pharmacy provider dispensing fees
      for products on the preferred drug list and those not on
14    the list. Eliminates provisions requiring the agency to
      provide enrollment choice counseling to certain Medicaid
15    recipients. Specifies additional sanctions that the
      agency may impose against Medicaid providers. Eliminates
16    the $15,000 ceiling on investigative, legal, and expert
      witness costs the agency is entitled to recover for
17    provider violations. Increases county Medicaid
      contributions for certain inpatient hospitalization and
18    nursing home and intermediate facilities care. Eliminates
      provisions relating to nursing facility consumer
19    satisfaction surveys. Abolishes the Medicaid "Up or Out"
      Quality of Care Contract Management Program. Abolishes
20    the Florida Center for Nursing. Provides that the act
      fulfills an important state interest.
21

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