SENATE AMENDMENT
    Bill No. HB 29-C, 1st Eng.
    Amendment No. ___   Barcode 334074
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11  Senator Silver moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Effective July 1, 2002, subsection (11) of
18  section 409.904, Florida Statutes, is repealed.
19         Section 2.  Effective July 1, 2002, subsections (1) and
20  (2) of section 409.904, Florida Statutes, are amended to read:
21         409.904  Optional payments for eligible persons.--The
22  agency may make payments for medical assistance and related
23  services on behalf of the following persons who are determined
24  to be eligible subject to the income, assets, and categorical
25  eligibility tests set forth in federal and state law.  Payment
26  on behalf of these Medicaid eligible persons is subject to the
27  availability of moneys and any limitations established by the
28  General Appropriations Act or chapter 216.
29         (1)  A person who is age 65 or older or is determined
30  to be disabled, whose income is at or below 88 100 percent of
31  federal poverty level, and whose assets do not exceed
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SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 established limitations. 2 (2)(a) A pregnant woman who would otherwise qualify 3 for Medicaid under s. 409.903(5) except for her level of 4 income and whose assets fall within the limits established by 5 the Department of Children and Family Services for the 6 medically needy. A pregnant woman who applies for medically 7 needy eligibility may not be made presumptively eligible. 8 (b) A child under age 21 who would otherwise qualify 9 for Medicaid or the Florida Kidcare program except for the 10 family's level of income and whose assets fall within the 11 limits established by the Department of Children and Family 12 Services for the medically needy. A family, a pregnant woman, 13 a child under age 18, a person age 65 or over, or a blind or 14 disabled person who would be eligible under any group listed 15 in s. 409.903(1), (2), or (3), except that the income or 16 assets of such family or person exceed established 17 limitations. 18 19 For a family or person in this group, medical expenses are 20 deductible from income in accordance with federal requirements 21 in order to make a determination of eligibility. A family or 22 person in this group, which group is known as the "medically 23 needy," is eligible to receive the same services as other 24 Medicaid recipients, with the exception of services in skilled 25 nursing facilities and intermediate care facilities for the 26 developmentally disabled. 27 Section 3. Effective July 1, 2002, subsections (1), 28 (12), and (23) of section 409.906, Florida Statutes, are 29 amended to read: 30 409.906 Optional Medicaid services.--Subject to 31 specific appropriations, the agency may make payments for 2 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 services which are optional to the state under Title XIX of 2 the Social Security Act and are furnished by Medicaid 3 providers to recipients who are determined to be eligible on 4 the dates on which the services were provided. Any optional 5 service that is provided shall be provided only when medically 6 necessary and in accordance with state and federal law. 7 Optional services rendered by providers in mobile units to 8 Medicaid recipients may be restricted or prohibited by the 9 agency. Nothing in this section shall be construed to prevent 10 or limit the agency from adjusting fees, reimbursement rates, 11 lengths of stay, number of visits, or number of services, or 12 making any other adjustments necessary to comply with the 13 availability of moneys and any limitations or directions 14 provided for in the General Appropriations Act or chapter 216. 15 If necessary to safeguard the state's systems of providing 16 services to elderly and disabled persons and subject to the 17 notice and review provisions of s. 216.177, the Governor may 18 direct the Agency for Health Care Administration to amend the 19 Medicaid state plan to delete the optional Medicaid service 20 known as "Intermediate Care Facilities for the Developmentally 21 Disabled." Optional services may include: 22 (1) ADULT DENTURE SERVICES.--The agency may pay for 23 dentures, the procedures required to seat dentures, and the 24 repair and reline of dentures, provided by or under the 25 direction of a licensed dentist, for a recipient who is age 21 26 or older. However, Medicaid will not provide reimbursement for 27 dental services provided in a mobile dental unit, except for a 28 mobile dental unit: 29 (a) Owned by, operated by, or having a contractual 30 agreement with the Department of Health and complying with 31 Medicaid's county health department clinic services program 3 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 specifications as a county health department clinic services 2 provider. 3 (b) Owned by, operated by, or having a contractual 4 arrangement with a federally qualified health center and 5 complying with Medicaid's federally qualified health center 6 specifications as a federally qualified health center 7 provider. 8 (c) Rendering dental services to Medicaid recipients, 9 21 years of age and older, at nursing facilities. 10 (d) Owned by, operated by, or having a contractual 11 agreement with a state-approved dental educational 12 institution. 13 (e) This subsection is repealed July 1, 2002. 14 (12) CHILDREN'S HEARING SERVICES.--The agency may pay 15 for hearing and related services, including hearing 16 evaluations, hearing aid devices, dispensing of the hearing 17 aid, and related repairs, if provided to a recipient under age 18 21 by a licensed hearing aid specialist, otolaryngologist, 19 otologist, audiologist, or physician. 20 (23) CHILDREN'S VISUAL SERVICES.--The agency may pay 21 for visual examinations, eyeglasses, and eyeglass repairs for 22 a recipient under age 21, if they are prescribed by a licensed 23 physician specializing in diseases of the eye or by a licensed 24 optometrist. 25 Section 4. Subsection (13) of section 409.906, Florida 26 Statutes, is amended to read: 27 409.906 Optional Medicaid services.--Subject to 28 specific appropriations, the agency may make payments for 29 services which are optional to the state under Title XIX of 30 the Social Security Act and are furnished by Medicaid 31 providers to recipients who are determined to be eligible on 4 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 the dates on which the services were provided. Any optional 2 service that is provided shall be provided only when medically 3 necessary and in accordance with state and federal law. 4 Optional services rendered by providers in mobile units to 5 Medicaid recipients may be restricted or prohibited by the 6 agency. Nothing in this section shall be construed to prevent 7 or limit the agency from adjusting fees, reimbursement rates, 8 lengths of stay, number of visits, or number of services, or 9 making any other adjustments necessary to comply with the 10 availability of moneys and any limitations or directions 11 provided for in the General Appropriations Act or chapter 216. 12 If necessary to safeguard the state's systems of providing 13 services to elderly and disabled persons and subject to the 14 notice and review provisions of s. 216.177, the Governor may 15 direct the Agency for Health Care Administration to amend the 16 Medicaid state plan to delete the optional Medicaid service 17 known as "Intermediate Care Facilities for the Developmentally 18 Disabled." Optional services may include: 19 (13) HOME AND COMMUNITY-BASED SERVICES.--The agency 20 may pay for home-based or community-based services that are 21 rendered to a recipient in accordance with a federally 22 approved waiver program. The agency may limit or eliminate 23 coverage for certain Project AIDS Care Waiver services, 24 preauthorize high-cost or highly utilized services, or make 25 any other adjustments necessary to comply with any limitations 26 or directions provided for in the General Appropriations Act. 27 Section 5. Subsections (3) and (5) of section 28 409.9065, Florida Statutes, are amended to read: 29 409.9065 Pharmaceutical expense assistance.-- 30 (3) BENEFITS.--Medications covered under the 31 pharmaceutical expense assistance program are those covered 5 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 under the Medicaid program in s. 409.906(19) s. 409.906(20). 2 Monthly benefit payments shall be limited to $80 per program 3 participant. Participants are required to make a 10-percent 4 coinsurance payment for each prescription purchased through 5 this program. 6 (5) NONENTITLEMENT.--The pharmaceutical expense 7 assistance program established by this section is not an 8 entitlement. Enrollment levels are limited to those authorized 9 by the Legislature in the annual General Appropriations Act. 10 If funds are insufficient to serve all individuals eligible 11 under subsection (2) and seeking coverage, the agency may 12 develop a waiting list based on application dates to use in 13 enrolling individuals in unfilled enrollment slots. 14 Section 6. Effective upon this act becoming a law, 15 subsections (7) and (9) of section 409.907, Florida Statutes, 16 are amended to read: 17 409.907 Medicaid provider agreements.--The agency may 18 make payments for medical assistance and related services 19 rendered to Medicaid recipients only to an individual or 20 entity who has a provider agreement in effect with the agency, 21 who is performing services or supplying goods in accordance 22 with federal, state, and local law, and who agrees that no 23 person shall, on the grounds of handicap, race, color, or 24 national origin, or for any other reason, be subjected to 25 discrimination under any program or activity for which the 26 provider receives payment from the agency. 27 (7) The agency may require, as a condition of 28 participating in the Medicaid program and before entering into 29 the provider agreement, that the provider submit information, 30 in an initial and any required renewal applications, 31 concerning the professional, business, and personal background 6 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 of the provider and permit an onsite inspection of the 2 provider's service location by agency staff or other personnel 3 designated by the agency to perform this function. As a 4 continuing condition of participation in the Medicaid program, 5 a provider shall immediately notify the agency of any current 6 or pending bankruptcy filing. Before entering into the 7 provider agreement, or as a condition of continuing 8 participation in the Medicaid program, the agency may also 9 require that Medicaid providers reimbursed on a 10 fee-for-services basis or fee schedule basis which is not 11 cost-based, post a surety bond not to exceed $50,000 or the 12 total amount billed by the provider to the program during the 13 current or most recent calendar year, whichever is greater. 14 For new providers, the amount of the surety bond shall be 15 determined by the agency based on the provider's estimate of 16 its first year's billing. If the provider's billing during the 17 first year exceeds the bond amount, the agency may require the 18 provider to acquire an additional bond equal to the actual 19 billing level of the provider. A provider's bond shall not 20 exceed $50,000 if a physician or group of physicians licensed 21 under chapter 458, chapter 459, or chapter 460 has a 50 22 percent or greater ownership interest in the provider or if 23 the provider is an assisted living facility licensed under 24 part III of chapter 400. The bonds permitted by this section 25 are in addition to the bonds referenced in s. 400.179(4)(d). 26 If the provider is a corporation, partnership, association, or 27 other entity, the agency may require the provider to submit 28 information concerning the background of that entity and of 29 any principal of the entity, including any partner or 30 shareholder having an ownership interest in the entity equal 31 to 5 percent or greater, and any treating provider who 7 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 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 8 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 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 that it is 12 making application to provide in the Medicaid program. 13 Section 7. Paragraph (d) is added to subsection (12) 14 of section 409.908, Florida Statutes, and subsection (14) of 15 that section is 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, 9 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 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 (12) 7 (d) For the 2001-2002 fiscal year only and if 8 necessary to meet the requirements for grants and donations 9 for the special Medicaid payments authorized in the 2001-2002 10 General Appropriations Act, the agency may make special 11 Medicaid payments to qualified Medicaid providers designated 12 by the agency, notwithstanding any provision of this 13 subsection to the contrary, and may use intergovernmental 14 transfers from state entities to serve as the state share of 15 such payments. 16 (14) A provider of prescribed drugs shall be 17 reimbursed the least of the amount billed by the provider, the 18 provider's usual and customary charge, or the Medicaid maximum 19 allowable fee established by the agency, plus a dispensing 20 fee. The agency is directed to implement a variable dispensing 21 fee for payments for prescribed medicines while ensuring 22 continued access for Medicaid recipients. The variable 23 dispensing fee may be based upon, but not limited to, either 24 or both the volume of prescriptions dispensed by a specific 25 pharmacy provider, and the volume of prescriptions dispensed 26 to an individual recipient, and dispensing of 27 preferred-drug-list products. The agency shall increase the 28 pharmacy dispensing fee authorized by statute and in the 29 annual General Appropriations Act by $0.50 for the dispensing 30 of a Medicaid preferred-drug-list product and reduce the 31 pharmacy dispensing fee by $0.50 for the dispensing of a 10 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 Medicaid product that is not included on the preferred-drug 2 list. The agency is authorized to limit reimbursement for 3 prescribed medicine in order to comply with any limitations or 4 directions provided for in the General Appropriations Act, 5 which may include implementing a prospective or concurrent 6 utilization review program. 7 Section 8. Paragraph (a) of subsection (37) of section 8 409.912, Florida Statutes, is amended to read: 9 409.912 Cost-effective purchasing of health care.--The 10 agency shall purchase goods and services for Medicaid 11 recipients in the most cost-effective manner consistent with 12 the delivery of quality medical care. The agency shall 13 maximize the use of prepaid per capita and prepaid aggregate 14 fixed-sum basis services when appropriate and other 15 alternative service delivery and reimbursement methodologies, 16 including competitive bidding pursuant to s. 287.057, designed 17 to facilitate the cost-effective purchase of a case-managed 18 continuum of care. The agency shall also require providers to 19 minimize the exposure of recipients to the need for acute 20 inpatient, custodial, and other institutional care and the 21 inappropriate or unnecessary use of high-cost services. The 22 agency may establish prior authorization requirements for 23 certain populations of Medicaid beneficiaries, certain drug 24 classes, or particular drugs to prevent fraud, abuse, overuse, 25 and possible dangerous drug interactions. The Pharmaceutical 26 and Therapeutics Committee shall make recommendations to the 27 agency on drugs for which prior authorization is required. The 28 agency shall inform the Pharmaceutical and Therapeutics 29 Committee of its decisions regarding drugs subject to prior 30 authorization. 31 (37)(a) The agency shall implement a Medicaid 11 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 prescribed-drug spending-control program that includes the 2 following components: 3 1. Medicaid prescribed-drug coverage for brand-name 4 drugs for adult Medicaid recipients is limited to the 5 dispensing of four brand-name drugs per month per recipient. 6 Children are exempt from this restriction. Antiretroviral 7 agents are excluded from this limitation. No requirements for 8 prior authorization or other restrictions on medications used 9 to treat mental illnesses such as schizophrenia, severe 10 depression, or bipolar disorder may be imposed on Medicaid 11 recipients. Medications that will be available without 12 restriction for persons with mental illnesses include atypical 13 antipsychotic medications, conventional antipsychotic 14 medications, selective serotonin reuptake inhibitors, and 15 other medications used for the treatment of serious mental 16 illnesses. The agency shall also limit the amount of a 17 prescribed drug dispensed to no more than a 34-day supply. The 18 agency shall continue to provide unlimited generic drugs, 19 contraceptive drugs and items, and diabetic supplies. Although 20 a drug may be included on the preferred drug formulary, it 21 would not be exempt from the four-brand limit. The agency may 22 authorize exceptions to the brand-name-drug restriction based 23 upon the treatment needs of the patients, only when such 24 exceptions are based on prior consultation provided by the 25 agency or an agency contractor, but the agency must establish 26 procedures to ensure that: 27 a. There will be a response to a request for prior 28 consultation by telephone or other telecommunication device 29 within 24 hours after receipt of a request for prior 30 consultation; 31 b. A 72-hour supply of the drug prescribed will be 12 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 provided in an emergency or when the agency does not provide a 2 response within 24 hours as required by sub-subparagraph a.; 3 and 4 c. Except for the exception for nursing home residents 5 and other institutionalized adults and except for drugs on the 6 restricted formulary for which prior authorization may be 7 sought by an institutional or community pharmacy, prior 8 authorization for an exception to the brand-name-drug 9 restriction is sought by the prescriber and not by the 10 pharmacy. When prior authorization is granted for a patient in 11 an institutional setting beyond the brand-name-drug 12 restriction, such approval is authorized for 12 months and 13 monthly prior authorization is not required for that patient. 14 2. Reimbursement to pharmacies for Medicaid prescribed 15 drugs shall be set at the average wholesale price less 13.25 16 percent. 17 3. The agency shall develop and implement a process 18 for managing the drug therapies of Medicaid recipients who are 19 using significant numbers of prescribed drugs each month. The 20 management process may include, but is not limited to, 21 comprehensive, physician-directed medical-record reviews, 22 claims analyses, and case evaluations to determine the medical 23 necessity and appropriateness of a patient's treatment plan 24 and drug therapies. The agency may contract with a private 25 organization to provide drug-program-management services. The 26 Medicaid drug benefit management program shall include 27 initiatives to manage drug therapies for HIV/AIDS patients, 28 patients using 20 or more unique prescriptions in a 180-day 29 period, and the top 1,000 patients in annual spending. 30 4. The agency may limit the size of its pharmacy 31 network based on need, competitive bidding, price 13 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 negotiations, credentialing, or similar criteria. The agency 2 shall give special consideration to rural areas in determining 3 the size and location of pharmacies included in the Medicaid 4 pharmacy network. A pharmacy credentialing process may include 5 criteria such as a pharmacy's full-service status, location, 6 size, patient educational programs, patient consultation, 7 disease-management services, and other characteristics. The 8 agency may impose a moratorium on Medicaid pharmacy enrollment 9 when it is determined that it has a sufficient number of 10 Medicaid-participating providers. 11 5. The agency shall develop and implement a program 12 that requires Medicaid practitioners who prescribe drugs to 13 use a counterfeit-proof prescription pad for Medicaid 14 prescriptions. The agency shall require the use of 15 standardized counterfeit-proof prescription pads by 16 Medicaid-participating prescribers or prescribers who write 17 prescriptions for Medicaid recipients. The agency may 18 implement the program in targeted geographic areas or 19 statewide. 20 6. The agency may enter into arrangements that require 21 manufacturers of generic drugs prescribed to Medicaid 22 recipients to provide rebates of at least 15.1 percent of the 23 average manufacturer price for the manufacturer's generic 24 products. These arrangements shall require that if a 25 generic-drug manufacturer pays federal rebates for 26 Medicaid-reimbursed drugs at a level below 15.1 percent, the 27 manufacturer must provide a supplemental rebate to the state 28 in an amount necessary to achieve a 15.1-percent rebate level. 29 7. The agency may establish a preferred drug formulary 30 in accordance with 42 U.S.C. s. 1396r-8, and, pursuant to the 31 establishment of such formulary, it is authorized to negotiate 14 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 supplemental rebates from manufacturers that are in addition 2 to those required by Title XIX of the Social Security Act and 3 at no less than 10 percent of the average manufacturer price 4 as defined in 42 U.S.C. s. 1936 on the last day of a quarter 5 unless the federal or supplemental rebate, or both, equals or 6 exceeds 25 percent. There is no upper limit on the 7 supplemental rebates the agency may negotiate. The agency may 8 determine that specific products, brand-name or generic, are 9 competitive at lower rebate percentages. Agreement to pay the 10 minimum supplemental rebate percentage will guarantee a 11 manufacturer that the Medicaid Pharmaceutical and Therapeutics 12 Committee will consider a product for inclusion on the 13 preferred drug formulary. However, a pharmaceutical 14 manufacturer is not guaranteed placement on the formulary by 15 simply paying the minimum supplemental rebate. Agency 16 decisions will be made on the clinical efficacy of a drug and 17 recommendations of the Medicaid Pharmaceutical and 18 Therapeutics Committee, as well as the price of competing 19 products minus federal and state rebates. The agency is 20 authorized to contract with an outside agency or contractor to 21 conduct negotiations for supplemental rebates. For the 22 purposes of this section, the term "supplemental rebates" may 23 include, at the agency's discretion, cash rebates and other 24 program benefits that offset a Medicaid expenditure. Such 25 other program benefits may include, but are not limited to, 26 disease management programs, drug product donation programs, 27 drug utilization control programs, prescriber and beneficiary 28 counseling and education, fraud and abuse initiatives, and 29 other services or administrative investments with guaranteed 30 savings to the Medicaid program in the same year the rebate 31 reduction is included in the General Appropriations Act. The 15 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 agency is authorized to seek any federal waivers to implement 2 this initiative. 3 8. The agency shall establish an advisory committee 4 for the purposes of studying the feasibility of using a 5 restricted drug formulary for nursing home residents and other 6 institutionalized adults. The committee shall be comprised of 7 seven members appointed by the Secretary of Health Care 8 Administration. The committee members shall include two 9 physicians licensed under chapter 458 or chapter 459; three 10 pharmacists licensed under chapter 465 and appointed from a 11 list of recommendations provided by the Florida Long-Term Care 12 Pharmacy Alliance; and two pharmacists licensed under chapter 13 465. 14 9. The Agency for Health Care Administration shall 15 expand home delivery of pharmacy products. To assist Medicaid 16 patients in securing their prescriptions and reduce program 17 costs, the agency shall expand its current mail-order-pharmacy 18 diabetes-supply program to include all generic and brand-name 19 drugs used by Medicaid patients with diabetes. Medicaid 20 recipients in the current program may obtain nondiabetes drugs 21 on a voluntary basis. This initiative is limited to the 22 geographic area covered by the current contract. The agency 23 may seek and implement any federal waivers necessary to 24 implement this subparagraph. 25 Section 9. Effective upon this act becoming a law, 26 subsection (26) of section 409.912, Florida Statutes, is 27 amended to read: 28 409.912 Cost-effective purchasing of health care.--The 29 agency shall purchase goods and services for Medicaid 30 recipients in the most cost-effective manner consistent with 31 the delivery of quality medical care. The agency shall 16 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 maximize the use of prepaid per capita and prepaid aggregate 2 fixed-sum basis services when appropriate and other 3 alternative service delivery and reimbursement methodologies, 4 including competitive bidding pursuant to s. 287.057, designed 5 to facilitate the cost-effective purchase of a case-managed 6 continuum of care. The agency shall also require providers to 7 minimize the exposure of recipients to the need for acute 8 inpatient, custodial, and other institutional care and the 9 inappropriate or unnecessary use of high-cost services. The 10 agency may establish prior authorization requirements for 11 certain populations of Medicaid beneficiaries, certain drug 12 classes, or particular drugs to prevent fraud, abuse, overuse, 13 and possible dangerous drug interactions. The Pharmaceutical 14 and Therapeutics Committee shall make recommendations to the 15 agency on drugs for which prior authorization is required. The 16 agency shall inform the Pharmaceutical and Therapeutics 17 Committee of its decisions regarding drugs subject to prior 18 authorization. 19 (26) The agency shall perform choice counseling, 20 enrollments, and disenrollments for Medicaid recipients who 21 are eligible for MediPass or managed care plans. 22 Notwithstanding the prohibition contained in paragraph 23 (18)(f), managed care plans may perform preenrollments of 24 Medicaid recipients under the supervision of the agency or its 25 agents. For the purposes of this section, "preenrollment" 26 means the provision of marketing and educational materials to 27 a Medicaid recipient and assistance in completing the 28 application forms, but shall not include actual enrollment 29 into a managed care plan. An application for enrollment shall 30 not be deemed complete until the agency or its agent verifies 31 that the recipient made an informed, voluntary choice. The 17 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 agency, in cooperation with the Department of Children and 2 Family Services, may test new marketing initiatives to inform 3 Medicaid recipients about their managed care options at 4 selected sites. The agency shall report to the Legislature on 5 the effectiveness of such initiatives. The agency may 6 contract with a third party to perform managed care plan and 7 MediPass choice-counseling, enrollment, and disenrollment 8 services for Medicaid recipients and is authorized to adopt 9 rules to implement such services. The agency may adjust the 10 capitation rate only to cover the costs of a third-party 11 choice-counseling, enrollment, and disenrollment contract, and 12 for agency supervision and management of the managed care plan 13 choice-counseling, enrollment, and disenrollment contract. 14 Section 10. Effective July 1, 2002, paragraph (e) of 15 subsection (2) of section 409.9122, Florida Statutes, is 16 amended to read: 17 409.9122 Mandatory Medicaid managed care enrollment; 18 programs and procedures.-- 19 (2) 20 (e) Prior to requesting a Medicaid recipient who is 21 subject to mandatory managed care enrollment to make a choice 22 between a managed care plan or MediPass, the agency shall 23 contact and provide choice counseling to the recipient. 24 Medicaid recipients who are already enrolled in a managed care 25 plan or MediPass shall be offered the opportunity to change 26 managed care plans or MediPass providers on a staggered basis, 27 as defined by the agency. All Medicaid recipients shall have 28 90 days in which to make a choice of managed care plans or 29 MediPass providers. Those Medicaid recipients who do not make 30 a choice shall be assigned to a managed care plan or MediPass 31 in accordance with paragraph (f). To facilitate continuity of 18 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 care, for a Medicaid recipient who is also a recipient of 2 Supplemental Security Income (SSI), prior to assigning the SSI 3 recipient to a managed care plan or MediPass, the agency shall 4 determine whether the SSI recipient has an ongoing 5 relationship with a MediPass provider or managed care plan, 6 and if so, the agency shall assign the SSI recipient to that 7 MediPass provider or managed care plan. Those SSI recipients 8 who do not have such a provider relationship shall be assigned 9 to a managed care plan or MediPass provider in accordance with 10 paragraph (f). 11 Section 11. Effective upon this act becoming a law, 12 paragraph (f) of subsection (2) of section 409.9122, Florida 13 Statutes, is amended to read: 14 409.9122 Mandatory Medicaid managed care enrollment; 15 programs and procedures.-- 16 (2) 17 (f) When a Medicaid recipient does not choose a 18 managed care plan or MediPass provider, the agency shall 19 assign the Medicaid recipient to a managed care plan or 20 MediPass provider. Medicaid recipients who are subject to 21 mandatory assignment but who fail to make a choice shall be 22 assigned to managed care plans or provider service networks 23 until an equal enrollment of 50 percent in MediPass and 24 provider service networks and 50 percent in managed care plans 25 is achieved. Once equal enrollment is achieved, the 26 assignments shall be divided in order to maintain an equal 27 enrollment in MediPass and managed care plans. Thereafter, 28 assignment of Medicaid recipients who fail to make a choice 29 shall be based proportionally on the preferences of recipients 30 who have made a choice in the previous period. Such 31 proportions shall be revised at least quarterly to reflect an 19 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 update of the preferences of Medicaid recipients. The agency 2 shall also disproportionately assign Medicaid-eligible 3 children in families who are required to but have failed to 4 make a choice of managed care plan or MediPass for their child 5 and who are to be assigned to the MediPass program to 6 children's networks as described in s. 409.912(3)(g) and where 7 available. The disproportionate assignment of children to 8 children's networks shall be made until the agency has 9 determined that the children's networks have sufficient 10 numbers to be economically operated. For purposes of this 11 paragraph, when referring to assignment, the term "managed 12 care plans" includes exclusive provider organizations, 13 provider service networks, minority physician networks, and 14 pediatric emergency department diversion programs authorized 15 by this chapter or the General Appropriations Act. When making 16 assignments, the agency shall take into account the following 17 criteria: 18 1. A managed care plan has sufficient network capacity 19 to meet the need of members. 20 2. The managed care plan or MediPass has previously 21 enrolled the recipient as a member, or one of the managed care 22 plan's primary care providers or MediPass providers has 23 previously provided health care to the recipient. 24 3. The agency has knowledge that the member has 25 previously expressed a preference for a particular managed 26 care plan or MediPass provider as indicated by Medicaid 27 fee-for-service claims data, but has failed to make a choice. 28 4. The managed care plan's or MediPass primary care 29 providers are geographically accessible to the recipient's 30 residence. 31 Section 12. Effective upon this act becoming a law, 20 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 subsections (15) and (21), paragraph (a) of subsection (22), 2 and paragraph (a) of subsection (24) of section 409.913, 3 Florida Statutes, are amended, and subsections (26) and (27) 4 are added to that section, to read: 5 409.913 Oversight of the integrity of the Medicaid 6 program.--The agency shall operate a program to oversee the 7 activities of Florida Medicaid recipients, and providers and 8 their representatives, to ensure that fraudulent and abusive 9 behavior and neglect of recipients occur to the minimum extent 10 possible, and to recover overpayments and impose sanctions as 11 appropriate. 12 (15) The agency may impose any of the following 13 sanctions on a provider or a person for any of the acts 14 described in subsection (14): 15 (a) Suspension for a specific period of time of not 16 more than 1 year. 17 (b) Termination for a specific period of time of from 18 more than 1 year to 20 years. 19 (c) Imposition of a fine of up to $5,000 for each 20 violation. Each day that an ongoing violation continues, such 21 as refusing to furnish Medicaid-related records or refusing 22 access to records, is considered, for the purposes of this 23 section, to be a separate violation. Each instance of 24 improper billing of a Medicaid recipient; each instance of 25 including an unallowable cost on a hospital or nursing home 26 Medicaid cost report after the provider or authorized 27 representative has been advised in an audit exit conference or 28 previous audit report of the cost unallowability; each 29 instance of furnishing a Medicaid recipient goods or 30 professional services that are inappropriate or of inferior 31 quality as determined by competent peer judgment; each 21 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 instance of knowingly submitting a materially false or 2 erroneous Medicaid provider enrollment application, request 3 for prior authorization for Medicaid services, drug exception 4 request, or cost report; each instance of inappropriate 5 prescribing of drugs for a Medicaid recipient as determined by 6 competent peer judgment; and each false or erroneous Medicaid 7 claim leading to an overpayment to a provider is considered, 8 for the purposes of this section, to be a separate violation. 9 (d) Immediate suspension, if the agency has received 10 information of patient abuse or neglect or of any act 11 prohibited by s. 409.920. Upon suspension, the agency must 12 issue an immediate final order under s. 120.569(2)(n). 13 (e) A fine, not to exceed $10,000, for a violation of 14 paragraph (14)(i). 15 (f) Imposition of liens against provider assets, 16 including, but not limited to, financial assets and real 17 property, not to exceed the amount of fines or recoveries 18 sought, upon entry of an order determining that such moneys 19 are due or recoverable. 20 (g) Other remedies as permitted by law to effect the 21 recovery of a fine or overpayment. 22 (21) The audit report, supported by agency work 23 papers, showing an overpayment to a provider constitutes 24 evidence of the overpayment. A provider may not present or 25 elicit testimony, either on direct examination or 26 cross-examination in any court or administrative proceeding, 27 regarding the purchase or acquisition by any means of drugs, 28 goods, or supplies; sales or divestment by any means of drugs, 29 goods, or supplies; or inventory of drugs, goods, or supplies, 30 unless such acquisition, sales, divestment, or inventory is 31 documented by written invoices, written inventory records, or 22 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 other competent written documentary evidence maintained in the 2 normal course of the provider's business. Notwithstanding the 3 applicable rules of discovery, all documentation that will be 4 offered as evidence at an administrative hearing on a Medicaid 5 overpayment must be exchanged by all parties at least 14 days 6 before the administrative hearing or must be excluded from 7 consideration. 8 (22)(a) In an audit or investigation of a violation 9 committed by a provider which is conducted pursuant to this 10 section, the agency is entitled to recover all up to $15,000 11 in investigative, legal, and expert witness costs if the 12 agency's findings were not contested by the provider or, if 13 contested, the agency ultimately prevailed. 14 (24)(a) The agency may withhold Medicaid payments, in 15 whole or in part, to a provider upon receipt of reliable 16 evidence that the circumstances giving rise to the need for a 17 withholding of payments involve fraud, or willful 18 misrepresentation, or abuse under the Medicaid program, or a 19 crime committed while rendering goods or services to Medicaid 20 recipients, pending completion of legal proceedings. If it is 21 determined that fraud, willful misrepresentation, abuse, or a 22 crime did not occur, the payments withheld must be paid to the 23 provider within 14 days after such determination with interest 24 at the rate of 10 percent a year. Any money withheld in 25 accordance with this paragraph shall be placed in a suspended 26 account, readily accessible to the agency, so that any payment 27 ultimately due the provider shall be made within 14 days. 28 Furthermore, the authority to withhold payments under this 29 paragraph shall not apply to physicians whose alleged 30 overpayments are being determined by administrative 31 proceedings pursuant to chapter 120. 23 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 (26) When the Agency for Health Care Administration 2 has made a probable cause determination and alleged that an 3 overpayment to a Medicaid provider has occurred, the agency, 4 after notice to the provider, may: 5 (a) Withhold, and continue to withhold during the 6 pendency of an administrative hearing pursuant to chapter 120, 7 any medical assistance reimbursement payments until such time 8 as the overpayment is recovered, unless within 30 days after 9 receiving notice thereof the provider: 10 1. Makes repayment in full; or 11 2. Establishes a repayment plan that is satisfactory 12 to the Agency for Health Care Administration. 13 (b) Withhold, and continue to withhold during the 14 pendency of an administrative hearing pursuant to chapter 120, 15 medical assistance reimbursement payments if the terms of a 16 repayment plan are not adhered to by the provider. 17 18 If a provider requests an administrative hearing pursuant to 19 chapter 120, such hearing must be conducted within 90 days 20 following receipt by the provider of the final audit report, 21 absent exceptionally good cause shown as determined by the 22 administrative law judge or hearing officer. Upon issuance of 23 a final order, the balance outstanding of the amount 24 determined to constitute the overpayment shall become due. 25 Any withholding of payments by the Agency for Health Care 26 Administration pursuant to this section shall be limited so 27 that the monthly medical assistance payment is not reduced by 28 more than 10 percent. 29 (27) Venue for all Medicaid program integrity 30 overpayment cases shall lie in Leon County, at the discretion 31 of the agency. 24 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 Section 13. Subsection (4) of section 414.41, Florida 2 Statutes, is repealed. 3 Section 14. Section 400.0225, Florida Statutes, is 4 repealed. 5 Section 15. Paragraph (c) of subsection (5) of section 6 400.179, Florida Statutes, is amended to read: 7 400.179 Sale or transfer of ownership of a nursing 8 facility; liability for Medicaid underpayments and 9 overpayments.-- 10 (5) Because any transfer of a nursing facility may 11 expose the fact that Medicaid may have underpaid or overpaid 12 the transferor, and because in most instances, any such 13 underpayment or overpayment can only be determined following a 14 formal field audit, the liabilities for any such underpayments 15 or overpayments shall be as follows: 16 (c) Where the facility transfer takes any form of a 17 sale of assets, in addition to the transferor's continuing 18 liability for any such overpayments, if the transferor fails 19 to meet these obligations, the transferee shall be liable for 20 all liabilities that can be readily identifiable 90 days in 21 advance of the transfer. Such liability shall continue in 22 succession until the debt is ultimately paid or otherwise 23 resolved. It shall be the burden of the transferee to 24 determine the amount of all such readily identifiable 25 overpayments from the Agency for Health Care Administration, 26 and the agency shall cooperate in every way with the 27 identification of such amounts. Readily identifiable 28 overpayments shall include overpayments that will result from, 29 but not be limited to: 30 1. Medicaid rate changes or adjustments; 31 2. Any depreciation recapture; 25 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 3. Any recapture of fair rental value system indexing; 2 or and/or 3 4. Audits completed by the agency. 4 5 The transferor shall remain liable for any such Medicaid 6 overpayments that were not readily identifiable 90 days in 7 advance of the nursing facility transfer. 8 Section 16. Paragraph (a) of subsection (2) of section 9 400.191, Florida Statutes, is amended to read: 10 400.191 Availability, distribution, and posting of 11 reports and records.-- 12 (2) The agency shall provide additional information in 13 consumer-friendly printed and electronic formats to assist 14 consumers and their families in comparing and evaluating 15 nursing home facilities. 16 (a) The agency shall provide an Internet site which 17 shall include at least the following information either 18 directly or indirectly through a link to another established 19 site or sites of the agency's choosing: 20 1. A list by name and address of all nursing home 21 facilities in this state. 22 2. Whether such nursing home facilities are 23 proprietary or nonproprietary. 24 3. The current owner of the facility's license and the 25 year that that entity became the owner of the license. 26 4. The name of the owner or owners of each facility 27 and whether the facility is affiliated with a company or other 28 organization owning or managing more than one nursing facility 29 in this state. 30 5. The total number of beds in each facility. 31 6. The number of private and semiprivate rooms in each 26 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 facility. 2 7. The religious affiliation, if any, of each 3 facility. 4 8. The languages spoken by the administrator and staff 5 of each facility. 6 9. Whether or not each facility accepts Medicare or 7 Medicaid recipients or insurance, health maintenance 8 organization, Veterans Administration, CHAMPUS program, or 9 workers' compensation coverage. 10 10. Recreational and other programs available at each 11 facility. 12 11. Special care units or programs offered at each 13 facility. 14 12. Whether the facility is a part of a retirement 15 community that offers other services pursuant to part III, 16 part IV, or part V. 17 13. The results of consumer and family satisfaction 18 surveys for each facility, as described in s. 400.0225. The 19 results may be converted to a score or scores, which may be 20 presented in either numeric or symbolic form for the intended 21 consumer audience. 22 13.14. Survey and deficiency information contained on 23 the Online Survey Certification and Reporting (OSCAR) system 24 of the federal Health Care Financing Administration, including 25 annual survey, revisit, and complaint survey information, for 26 each facility for the past 45 months. For noncertified 27 nursing homes, state survey and deficiency information, 28 including annual survey, revisit, and complaint survey 29 information for the past 45 months shall be provided. 30 14.15. A summary of the Online Survey Certification 31 and Reporting (OSCAR) data for each facility over the past 45 27 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 months. Such summary may include a score, rating, or 2 comparison ranking with respect to other facilities based on 3 the number of citations received by the facility of annual, 4 revisit, and complaint surveys; the severity and scope of the 5 citations; and the number of annual recertification surveys 6 the facility has had during the past 45 months. The score, 7 rating, or comparison ranking may be presented in either 8 numeric or symbolic form for the intended consumer audience. 9 Section 17. Paragraph (c) of subsection (5) of section 10 400.235, Florida Statutes, is amended to read: 11 400.235 Nursing home quality and licensure status; 12 Gold Seal Program.-- 13 (5) Facilities must meet the following additional 14 criteria for recognition as a Gold Seal Program facility: 15 (c) Participate consistently in a the required 16 consumer satisfaction process as prescribed by the agency, and 17 demonstrate that information is elicited from residents, 18 family members, and guardians about satisfaction with the 19 nursing facility, its environment, the services and care 20 provided, the staff's skills and interactions with residents, 21 attention to resident's needs, and the facility's efforts to 22 act on information gathered from the consumer satisfaction 23 measures. 24 25 A facility assigned a conditional licensure status may not 26 qualify for consideration for the Gold Seal Program until 27 after it has operated for 30 months with no class I or class 28 II deficiencies and has completed a regularly scheduled 29 relicensure survey. 30 Section 18. Section 400.071, Florida Statutes, is 31 amended to read: 28 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 400.071 Application for license.-- 2 (1) An application for a license as required by s. 3 400.062 shall be made to the agency on forms furnished by it 4 and shall be accompanied by the appropriate license fee. 5 (2) The application shall be under oath and shall 6 contain the following: 7 (a) The name, address, and social security number of 8 the applicant if an individual; if the applicant is a firm, 9 partnership, or association, its name, address, and employer 10 identification number (EIN), and the name and address of any 11 controlling interest; and the name by which the facility is to 12 be known. 13 (b) The name of any person whose name is required on 14 the application under the provisions of paragraph (a) and who 15 owns at least a 10-percent interest in any professional 16 service, firm, association, partnership, or corporation 17 providing goods, leases, or services to the facility for which 18 the application is made, and the name and address of the 19 professional service, firm, association, partnership, or 20 corporation in which such interest is held. 21 (c) The location of the facility for which a license 22 is sought and an indication, as in the original application, 23 that such location conforms to the local zoning ordinances. 24 (d) The name of the person or persons under whose 25 management or supervision the facility will be conducted and 26 the name of the administrator. 27 (e) A signed affidavit disclosing any financial or 28 ownership interest that a person or entity described in 29 paragraph (a) or paragraph (d) has held in the last 5 years in 30 any entity licensed by this state or any other state to 31 provide health or residential care which has closed 29 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 voluntarily or involuntarily; has filed for bankruptcy; has 2 had a receiver appointed; has had a license denied, suspended, 3 or revoked; or has had an injunction issued against it which 4 was initiated by a regulatory agency. The affidavit must 5 disclose the reason any such entity was closed, whether 6 voluntarily or involuntarily. 7 (f) The total number of beds and the total number of 8 Medicare and Medicaid certified beds. 9 (g) Information relating to the number, experience, 10 and training of the employees of the facility and of the moral 11 character of the applicant and employees which the agency 12 requires by rule, including the name and address of any 13 nursing home with which the applicant or employees have been 14 affiliated through ownership or employment within 5 years of 15 the date of the application for a license and the record of 16 any criminal convictions involving the applicant and any 17 criminal convictions involving an employee if known by the 18 applicant after inquiring of the employee. The applicant must 19 demonstrate that sufficient numbers of qualified staff, by 20 training or experience, will be employed to properly care for 21 the type and number of residents who will reside in the 22 facility. 23 (h) Copies of any civil verdict or judgment involving 24 the applicant rendered within the 10 years preceding the 25 application, relating to medical negligence, violation of 26 residents' rights, or wrongful death. As a condition of 27 licensure, the licensee agrees to provide to the agency copies 28 of any new verdict or judgment involving the applicant, 29 relating to such matters, within 30 days after filing with the 30 clerk of the court. The information required in this 31 paragraph shall be maintained in the facility's licensure file 30 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 and in an agency database which is available as a public 2 record. 3 (3) The applicant shall submit evidence which 4 establishes the good moral character of the applicant, 5 manager, supervisor, and administrator. No applicant, if the 6 applicant is an individual; no member of a board of directors 7 or officer of an applicant, if the applicant is a firm, 8 partnership, association, or corporation; and no licensed 9 nursing home administrator shall have been convicted, or found 10 guilty, regardless of adjudication, of a crime in any 11 jurisdiction which affects or may potentially affect residents 12 in the facility. 13 (4) Each applicant for licensure must comply with the 14 following requirements: 15 (a) Upon receipt of a completed, signed, and dated 16 application, the agency shall require background screening of 17 the applicant, in accordance with the level 2 standards for 18 screening set forth in chapter 435. As used in this 19 subsection, the term "applicant" means the facility 20 administrator, or similarly titled individual who is 21 responsible for the day-to-day operation of the licensed 22 facility, and the facility financial officer, or similarly 23 titled individual who is responsible for the financial 24 operation of the licensed facility. 25 (b) The agency may require background screening for a 26 member of the board of directors of the licensee or an officer 27 or an individual owning 5 percent or more of the licensee if 28 the agency has probable cause to believe that such individual 29 has been convicted of an offense prohibited under the level 2 30 standards for screening set forth in chapter 435. 31 (c) Proof of compliance with the level 2 background 31 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 screening requirements of chapter 435 which has been submitted 2 within the previous 5 years in compliance with any other 3 health care or assisted living licensure requirements of this 4 state is acceptable in fulfillment of paragraph (a). Proof of 5 compliance with background screening which has been submitted 6 within the previous 5 years to fulfill the requirements of the 7 Department of Insurance pursuant to chapter 651 as part of an 8 application for a certificate of authority to operate a 9 continuing care retirement community is acceptable in 10 fulfillment of the Department of Law Enforcement and Federal 11 Bureau of Investigation background check. 12 (d) A provisional license may be granted to an 13 applicant when each individual required by this section to 14 undergo background screening has met the standards for the 15 Department of Law Enforcement background check, but the agency 16 has not yet received background screening results from the 17 Federal Bureau of Investigation, or a request for a 18 disqualification exemption has been submitted to the agency as 19 set forth in chapter 435, but a response has not yet been 20 issued. A license may be granted to the applicant upon the 21 agency's receipt of a report of the results of the Federal 22 Bureau of Investigation background screening for each 23 individual required by this section to undergo background 24 screening which confirms that all standards have been met, or 25 upon the granting of a disqualification exemption by the 26 agency as set forth in chapter 435. Any other person who is 27 required to undergo level 2 background screening may serve in 28 his or her capacity pending the agency's receipt of the report 29 from the Federal Bureau of Investigation; however, the person 30 may not continue to serve if the report indicates any 31 violation of background screening standards and a 32 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 disqualification exemption has not been requested of and 2 granted by the agency as set forth in chapter 435. 3 (e) Each applicant must submit to the agency, with its 4 application, a description and explanation of any exclusions, 5 permanent suspensions, or terminations of the applicant from 6 the Medicare or Medicaid programs. Proof of compliance with 7 disclosure of ownership and control interest requirements of 8 the Medicaid or Medicare programs shall be accepted in lieu of 9 this submission. 10 (f) Each applicant must submit to the agency a 11 description and explanation of any conviction of an offense 12 prohibited under the level 2 standards of chapter 435 by a 13 member of the board of directors of the applicant, its 14 officers, or any individual owning 5 percent or more of the 15 applicant. This requirement shall not apply to a director of a 16 not-for-profit corporation or organization if the director 17 serves solely in a voluntary capacity for the corporation or 18 organization, does not regularly take part in the day-to-day 19 operational decisions of the corporation or organization, 20 receives no remuneration for his or her services on the 21 corporation or organization's board of directors, and has no 22 financial interest and has no family members with a financial 23 interest in the corporation or organization, provided that the 24 director and the not-for-profit corporation or organization 25 include in the application a statement affirming that the 26 director's relationship to the corporation satisfies the 27 requirements of this paragraph. 28 (g) An application for license renewal must contain 29 the information required under paragraphs (e) and (f). 30 (5) The applicant shall furnish satisfactory proof of 31 financial ability to operate and conduct the nursing home in 33 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 accordance with the requirements of this part and all rules 2 adopted under this part, and the agency shall establish 3 standards for this purpose, including information reported 4 under paragraph (2)(e). The agency also shall establish 5 documentation requirements, to be completed by each applicant, 6 that show anticipated facility revenues and expenditures, the 7 basis for financing the anticipated cash-flow requirements of 8 the facility, and an applicant's access to contingency 9 financing. 10 (6) If the applicant offers continuing care agreements 11 as defined in chapter 651, proof shall be furnished that such 12 applicant has obtained a certificate of authority as required 13 for operation under that chapter. 14 (7) As a condition of licensure, each licensee, except 15 one offering continuing care agreements as defined in chapter 16 651, must agree to accept recipients of Title XIX of the 17 Social Security Act on a temporary, emergency basis. The 18 persons whom the agency may require such licensees to accept 19 are those recipients of Title XIX of the Social Security Act 20 who are residing in a facility in which existing conditions 21 constitute an immediate danger to the health, safety, or 22 security of the residents of the facility. 23 (8) As a condition of licensure, each facility must 24 agree to participate in a consumer satisfaction measurement 25 process as prescribed by the agency. 26 (8)(9) The agency may not issue a license to a nursing 27 home that fails to receive a certificate of need under the 28 provisions of ss. 408.031-408.045. It is the intent of the 29 Legislature that, in reviewing a certificate-of-need 30 application to add beds to an existing nursing home facility, 31 preference be given to the application of a licensee who has 34 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 been awarded a Gold Seal as provided for in s. 400.235, if the 2 applicant otherwise meets the review criteria specified in s. 3 408.035. 4 (9)(10) The agency may develop an abbreviated survey 5 for licensure renewal applicable to a licensee that has 6 continuously operated as a nursing facility since 1991 or 7 earlier, has operated under the same management for at least 8 the preceding 30 months, and has had during the preceding 30 9 months no class I or class II deficiencies. 10 (10)(11) The agency may issue an inactive license to a 11 nursing home that will be temporarily unable to provide 12 services but that is reasonably expected to resume services. 13 Such designation may be made for a period not to exceed 12 14 months but may be renewed by the agency for up to 6 additional 15 months. Any request by a licensee that a nursing home become 16 inactive must be submitted to the agency and approved by the 17 agency prior to initiating any suspension of service or 18 notifying residents. Upon agency approval, the nursing home 19 shall notify residents of any necessary discharge or transfer 20 as provided in s. 400.0255. 21 (11)(12) As a condition of licensure, each facility 22 must establish and submit with its application a plan for 23 quality assurance and for conducting risk management. 24 Section 19. Paragraph (q) of subsection (2) of section 25 409.815, Florida Statutes, is amended to read: 26 409.815 Health benefits coverage; limitations.-- 27 (2) BENCHMARK BENEFITS.--In order for health benefits 28 coverage to qualify for premium assistance payments for an 29 eligible child under ss. 409.810-409.820, the health benefits 30 coverage, except for coverage under Medicaid and Medikids, 31 must include the following minimum benefits, as medically 35 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 necessary. 2 (q) Dental services.--Subject to a specific 3 appropriation for this benefit, covered services include those 4 dental services provided to children by the Florida Medicaid 5 program under s. 409.906(5) s. 409.906(6). 6 Section 20. Paragraph (b) of subsection (4) of section 7 624.91, Florida Statutes, is amended to read: 8 624.91 The Florida Healthy Kids Corporation Act.-- 9 (4) CORPORATION AUTHORIZATION, DUTIES, POWERS.-- 10 (b) The Florida Healthy Kids Corporation shall phase 11 in a program to: 12 1. Organize school children groups to facilitate the 13 provision of comprehensive health insurance coverage to 14 children; 15 2. Arrange for the collection of any family, local 16 contributions, or employer payment or premium, in an amount to 17 be determined by the board of directors, to provide for 18 payment of premiums for comprehensive insurance coverage and 19 for the actual or estimated administrative expenses; 20 3. Establish the administrative and accounting 21 procedures for the operation of the corporation; 22 4. Establish, with consultation from appropriate 23 professional organizations, standards for preventive health 24 services and providers and comprehensive insurance benefits 25 appropriate to children; provided that such standards for 26 rural areas shall not limit primary care providers to 27 board-certified pediatricians; 28 5. Establish eligibility criteria which children must 29 meet in order to participate in the program; 30 6. Establish procedures under which applicants to and 31 participants in the program may have grievances reviewed by an 36 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 impartial body and reported to the board of directors of the 2 corporation; 3 7. Establish participation criteria and, if 4 appropriate, contract with an authorized insurer, health 5 maintenance organization, or insurance administrator to 6 provide administrative services to the corporation; 7 8. Establish enrollment criteria which shall include 8 penalties or waiting periods of not fewer than 60 days for 9 reinstatement of coverage upon voluntary cancellation for 10 nonpayment of family premiums; 11 9. If a space is available, establish a special open 12 enrollment period of 30 days' duration for any child who is 13 enrolled in Medicaid or Medikids if such child loses Medicaid 14 or Medikids eligibility and becomes eligible for the Florida 15 Healthy Kids program; 16 10. Contract with authorized insurers or any provider 17 of health care services, meeting standards established by the 18 corporation, for the provision of comprehensive insurance 19 coverage to participants. Such standards shall include 20 criteria under which the corporation may contract with more 21 than one provider of health care services in program sites. 22 Health plans shall be selected through a competitive bid 23 process. The selection of health plans shall be based 24 primarily on quality criteria established by the board. The 25 health plan selection criteria and scoring system, and the 26 scoring results, shall be available upon request for 27 inspection after the bids have been awarded; 28 11. Develop and implement a plan to publicize the 29 Florida Healthy Kids Corporation, the eligibility requirements 30 of the program, and the procedures for enrollment in the 31 program and to maintain public awareness of the corporation 37 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 and the program; 2 12. Secure staff necessary to properly administer the 3 corporation. Staff costs shall be funded from state and local 4 matching funds and such other private or public funds as 5 become available. The board of directors shall determine the 6 number of staff members necessary to administer the 7 corporation; 8 13. As appropriate, enter into contracts with local 9 school boards or other agencies to provide onsite information, 10 enrollment, and other services necessary to the operation of 11 the corporation; 12 14. Provide a report on an annual basis to the 13 Governor, Insurance Commissioner, Commissioner of Education, 14 Senate President, Speaker of the House of Representatives, and 15 Minority Leaders of the Senate and the House of 16 Representatives; 17 15. Each fiscal year, establish a maximum number of 18 participants by county, on a statewide basis, who may enroll 19 in the program without the benefit of local matching funds. 20 Thereafter, the corporation may establish local matching 21 requirements for supplemental participation in the program. 22 The corporation may vary local matching requirements and 23 enrollment by county depending on factors which may influence 24 the generation of local match, including, but not limited to, 25 population density, per capita income, existing local tax 26 effort, and other factors. The corporation also may accept 27 in-kind match in lieu of cash for the local match requirement 28 to the extent allowed by Title XXI of the Social Security Act; 29 and 30 16. Establish eligibility criteria, premium and 31 cost-sharing requirements, and benefit packages which conform 38 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 to the provisions of the Florida Kidcare program, as created 2 in ss. 409.810-409.820; and. 3 17. Notwithstanding the requirements of subparagraph 4 15. to the contrary, establish a local matching requirement of 5 $0.00 for the Title XXI program in each county of the state 6 for the 2001-2002 fiscal year. This subparagraph shall take 7 effect upon becoming a law and shall operate retroactively to 8 July 1, 2001. This subparagraph expires July 1, 2002. 9 Section 21. Except as otherwise specifically provided 10 in this act, this act shall take effect January 1, 2002. 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 Delete everything before the enacting clause 16 17 and insert: 18 A bill to be entitled 19 An act relating to the Agency for Health Care 20 Administration; repealing s. 409.904(11), F.S., 21 which provides eligibility of specified persons 22 for certain optional medical assistance; 23 amending s. 409.904, F.S.; revising standards 24 for eligibility for certain optional medical 25 assistance; amending s. 409.906, F.S.; revising 26 guidelines for payment for certain services; 27 revising eligibility for certain Medicaid 28 services; amending s. 409.9065, F.S.; 29 prescribing enrollment levels with respect to 30 pharmaceutical expense assistance; amending s. 31 409.907, F.S.; authorizing withholding of 39 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 Medicaid payments in certain circumstances; 2 prescribing additional requirements with 3 respect to providers' submission of 4 information; prescribing additional duties for 5 the agency with respect to provider 6 applications; amending s. 409.908, F.S.; 7 providing temporary authorization for the 8 agency to make special payments to designated 9 Medicaid providers and use intergovernmental 10 transfers for certain payments; revising 11 pharmacy dispensing fees for Medicaid drugs; 12 amending ss. 409.912, 409.9122, F.S.; providing 13 for expanded home delivery of pharmacy 14 products; revising provisions relating to 15 choice counseling for recipients; defining the 16 term "managed care plans"; amending s. 409.913, 17 F.S.; prescribing additional sanctions that may 18 be imposed upon a Medicaid provider; 19 eliminating a limit on costs that may be 20 recovered against a provider; requiring 21 disclosure of certain information before an 22 administrative hearing; providing for 23 withholding payments in cases of Medicaid abuse 24 and in cases subject to administrative 25 proceedings; prescribing agency procedures in 26 cases of overpayment; providing venue for 27 Medicaid overpayment cases; repealing s. 28 414.41(4), F.S., relating to agency procedures 29 in cases of overpayment; repealing s. 400.0225, 30 F.S., relating to consumer-satisfaction 31 surveys; amending s. 400.179, F.S.; declaring 40 2:13 PM 12/03/01 h0029Cc-38j05
SENATE AMENDMENT Bill No. HB 29-C, 1st Eng. Amendment No. ___ Barcode 334074 1 liability for overpayment when a nursing 2 facility is sold; amending s. 400.191, F.S.; 3 eliminating a provision relating to 4 consumer-satisfaction and family-satisfaction 5 surveys; amending s. 400.235, F.S.; eliminating 6 a provision relating to participation in the 7 consumer-satisfaction process; amending s. 8 400.071, F.S.; eliminating a provision relating 9 to participation in a 10 consumer-satisfaction-measurement process; 11 amending s. 409.815, F.S.; conforming a 12 cross-reference; amending s. 624.91, F.S., 13 relating to the Florida Healthy Kids 14 Corporation Act; providing temporary 15 authorization for the agency to revise a local 16 matching requirement; providing effective 17 dates. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 41 2:13 PM 12/03/01 h0029Cc-38j05