House Bill hb0029C

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    Florida House of Representatives - 2001                HB 29-C

        By 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; providing that the

25         act fulfills an important state interest;

26         repealing s. 400.0225, F.S., relating to

27         nursing facility consumer satisfaction surveys;

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.

31

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

23  eligible for the program:

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

25  age 21 and older with incomes above the supplemental security

26  income level but below 90 percent of the federal poverty

27  level.

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

29  Individuals who qualify for limited assistance under the

30  Florida Medicaid program as a result of being dually eligible

31  for both Medicare and Medicaid, but whose limited assistance

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

  2  the extent that funds are appropriated, specifically eligible

  3  are low-income senior citizens who:

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

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

  6  federal poverty level;

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

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

  9  maintenance organization that provides a pharmacy benefit; and

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

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

12  pharmaceutical expense assistance program are those covered

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

14  benefit payments shall be limited to $80 per program

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

16  coinsurance payment for each prescription purchased through

17  this program.

18         (5)  NONENTITLEMENT.--The pharmaceutical expense

19  assistance program established by this section is not an

20  entitlement. Enrollment levels are limited to those authorized

21  by the Legislature in appropriation. If there are insufficient

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

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

24  waiting list based on application date to use for enrolling

25  individuals in unfilled enrollment slots.

26         Section 6.  Effective upon becoming a law, paragraph

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

28  409.907, Florida Statutes, are amended to read:

29         409.907  Medicaid provider agreements.--The agency may

30  make payments for medical assistance and related services

31  rendered to Medicaid recipients only to an individual or

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

  2  who is performing services or supplying goods in accordance

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

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

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

  6  discrimination under any program or activity for which the

  7  provider receives payment from the agency.

  8         (5)  The agency:

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

10  established rate for services or goods furnished to a

11  recipient by the provider upon receipt of a properly completed

12  claim form.  The claim form shall require certification that

13  the services or goods have been completely furnished to the

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

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

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

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

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

19  active fraud or abuse investigation by the agency until the

20  conclusion of the investigation by the agency. When exercising

21  the provisions of this paragraph, the agency shall complete

22  its investigation in a timely manner.

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

24  participating in the Medicaid program and before entering into

25  the provider agreement, that the provider submit information,

26  in an initial and any required renewal applications,

27  concerning the professional, business, and personal background

28  of the provider and permit an onsite inspection of the

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

30  designated by the agency to perform this function. Before

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

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  1  continuing participation in the Medicaid program, the agency

  2  may also require that Medicaid providers reimbursed on a

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

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

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

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

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

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

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

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

11  provider to acquire an additional bond equal to the actual

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

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

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

15  percent or greater ownership interest in the provider or if

16  the provider is an assisted living facility licensed under

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

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

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

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

21  information concerning the background of that entity and of

22  any principal of the entity, including any partner or

23  shareholder having an ownership interest in the entity equal

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

25  participates in or intends to participate in Medicaid through

26  the entity. The information must include:

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

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

29  jurisdiction in which the provider is located or if required

30  by the Federal Government.

31

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

  2  suspension, termination, or other administrative action taken

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

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

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

  6  Medicare program; any prior violation of the rules or

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

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

  9  regulatory body of this or any other state.

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

11  ownership interest that the provider, or any principal,

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

13  Medicaid provider or health care related entity or any other

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

15  residential care and treatment to persons.

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

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

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

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

20  application, and completion of any necessary background

21  investigation and criminal history record check, the agency

22  must either:

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

24  earlier than the effective date of the approval of the

25  provider application; or

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

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

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

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

30  efficient administration of the program, including, but not

31  limited to, the current availability of medical care,

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  1  services, or supplies to recipients, taking into account

  2  geographic location and reasonable travel time; the number of

  3  providers of the same type already enrolled in the same

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

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

  6  is making application to provide in the Medicaid program.

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

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

  9  Statutes, are amended to read:

10         409.908  Reimbursement of Medicaid providers.--Subject

11  to specific appropriations, the agency shall reimburse

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

13  according to methodologies set forth in the rules of the

14  agency and in policy manuals and handbooks incorporated by

15  reference therein.  These methodologies may include fee

16  schedules, reimbursement methods based on cost reporting,

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

18  and other mechanisms the agency considers efficient and

19  effective for purchasing services or goods on behalf of

20  recipients.  Payment for Medicaid compensable services made on

21  behalf of Medicaid eligible persons is subject to the

22  availability of moneys and any limitations or directions

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

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

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

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

27  making any other adjustments necessary to comply with the

28  availability of moneys and any limitations or directions

29  provided for in the General Appropriations Act, provided the

30  adjustment is consistent with legislative intent.

31

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  1         (3)  Subject to any limitations or directions provided

  2  for in the General Appropriations Act, the following Medicaid

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

  4  basis. For each allowable service or goods furnished in

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

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

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

  8  the maximum allowable fee established by the agency, whichever

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

10  for which the agency makes payment using a methodology based

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

12         (g)  Children's hearing services.

13         (t)  Children's visual services.

14         (14)  A provider of prescribed drugs shall be

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

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

17  allowable fee established by the agency, plus a dispensing

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

19  fee for payments for prescribed medicines while ensuring

20  continued access for Medicaid recipients.  The variable

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

22  or both the volume of prescriptions dispensed by a specific

23  pharmacy provider, and the volume of prescriptions dispensed

24  to an individual recipient, and dispensing of preferred drug

25  list products. The agency shall increase the pharmacy

26  dispensing fee authorized by statute and appropriation by

27  $0.50 for the dispensing of a Medicaid preferred drug list

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

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

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

31  reimbursement for prescribed medicine in order to comply with

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  1  any limitations or directions provided for in the General

  2  Appropriations Act, which may include implementing a

  3  prospective or concurrent utilization review program.

  4         (20)  A renal dialysis facility that provides dialysis

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

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

  7  customary charge, or the maximum allowable fee established by

  8  the agency, whichever amount is less.

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

10  Statutes, is amended to read:

11         409.912  Cost-effective purchasing of health care.--The

12  agency shall purchase goods and services for Medicaid

13  recipients in the most cost-effective manner consistent with

14  the delivery of quality medical care.  The agency shall

15  maximize the use of prepaid per capita and prepaid aggregate

16  fixed-sum basis services when appropriate and other

17  alternative service delivery and reimbursement methodologies,

18  including competitive bidding pursuant to s. 287.057, designed

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

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

21  minimize the exposure of recipients to the need for acute

22  inpatient, custodial, and other institutional care and the

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

24  agency may establish prior authorization requirements for

25  certain populations of Medicaid beneficiaries, certain drug

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

27  and possible dangerous drug interactions. The Pharmaceutical

28  and Therapeutics Committee shall make recommendations to the

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

30  agency shall inform the Pharmaceutical and Therapeutics

31

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  1  Committee of its decisions regarding drugs subject to prior

  2  authorization.

  3         (26)  The agency shall perform choice counseling,

  4  enrollments, and disenrollments for Medicaid recipients who

  5  are eligible for MediPass or managed care plans.

  6  Notwithstanding the prohibition contained in paragraph

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

  8  Medicaid recipients under the supervision of the agency or its

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

10  means the provision of marketing and educational materials to

11  a Medicaid recipient and assistance in completing the

12  application forms, but shall not include actual enrollment

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

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

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

16  agency, in cooperation with the Department of Children and

17  Family Services, may test new marketing initiatives to inform

18  Medicaid recipients about their managed care options at

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

20  the effectiveness of such initiatives.  The agency may

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

22  MediPass choice-counseling, enrollment, and disenrollment

23  services for Medicaid recipients and is authorized to adopt

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

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

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

27  for agency supervision and management of the managed care plan

28  choice-counseling, enrollment, and disenrollment contract.

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

30  409.9122, Florida Statutes, is amended to read:

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  1         409.9122  Mandatory Medicaid managed care enrollment;

  2  programs and procedures.--

  3         (2)

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

  5  subject to mandatory managed care enrollment to make a choice

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

  7  contact and provide choice counseling to the recipient.

  8  Medicaid recipients who are already enrolled in a managed care

  9  plan or MediPass shall be offered the opportunity to change

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

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

12  90 days in which to make a choice of managed care plans or

13  MediPass providers.  Those Medicaid recipients who do not make

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

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

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

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

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

19  determine whether the SSI recipient has an ongoing

20  relationship with a MediPass provider or managed care plan,

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

22  MediPass provider or managed care plan.  Those SSI recipients

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

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

25  paragraph (f).

26         Section 10.  Effective upon becoming a law, paragraphs

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

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

29  section is amended, to read:

30         409.913  Oversight of the integrity of the Medicaid

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

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  1  activities of Florida Medicaid recipients, and providers and

  2  their representatives, to ensure that fraudulent and abusive

  3  behavior and neglect of recipients occur to the minimum extent

  4  possible, and to recover overpayments and impose sanctions as

  5  appropriate.

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

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

  8  described in subsection (14):

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

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

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

12  sought.

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

14  recovery of a fine or overpayment.

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

16  committed by a provider which is conducted pursuant to this

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

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

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

20  contested, the agency ultimately prevailed.

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

22  409.915, Florida Statutes, are amended to read:

23         409.915  County contributions to Medicaid.--Although

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

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

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

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

28  service as provided in this section.

29         (1)  Each county shall participate in the following

30  items of care and service:

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  1         (a)  For both health maintenance members and

  2  fee-for-service beneficiaries, payments for inpatient

  3  hospitalization in excess of 9 10 days, but not in excess of

  4  45 days, with the exception of pregnant women and children

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

  6  do not participate in the Medicaid medically needy program.

  7         (b)  Payments for nursing home or intermediate

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

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

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

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

12  state for Medicaid recipients enrolled in health maintenance

13  organizations or prepaid health plans, of providing the items

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

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

16  per person.

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

18  Statutes, is amended to read:

19         400.071  Application for license.--

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

21  agree to participate in a consumer satisfaction measurement

22  process as prescribed by the agency.

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

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

25         400.191  Availability, distribution, and posting of

26  reports and records.--

27         (2)  The agency shall provide additional information in

28  consumer-friendly printed and electronic formats to assist

29  consumers and their families in comparing and evaluating

30  nursing home facilities.

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

  2  shall include at least the following information either

  3  directly or indirectly through a link to another established

  4  site or sites of the agency's choosing:

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

  6  facilities in this state.

  7         2.  Whether such nursing home facilities are

  8  proprietary or nonproprietary.

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

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

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

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

13  organization owning or managing more than one nursing facility

14  in this state.

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

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

17  facility.

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

19  facility.

20         8.  The languages spoken by the administrator and staff

21  of each facility.

22         9.  Whether or not each facility accepts Medicare or

23  Medicaid recipients or insurance, health maintenance

24  organization, Veterans Administration, CHAMPUS program, or

25  workers' compensation coverage.

26         10.  Recreational and other programs available at each

27  facility.

28         11.  Special care units or programs offered at each

29  facility.

30

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

  2  community that offers other services pursuant to part III,

  3  part IV, or part V.

  4         13.  The results of consumer and family satisfaction

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

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

  7  presented in either numeric or symbolic form for the intended

  8  consumer audience.

  9         13.14.  Survey and deficiency information contained on

10  the Online Survey Certification and Reporting (OSCAR) system

11  of the federal Health Care Financing Administration, including

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

13  each facility for the past 45 months.  For noncertified

14  nursing homes, state survey and deficiency information,

15  including annual survey, revisit, and complaint survey

16  information for the past 45 months shall be provided.

17         14.15.  A summary of the Online Survey Certification

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

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

20  comparison ranking with respect to other facilities based on

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

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

23  citations; and the number of annual recertification surveys

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

25  rating, or comparison ranking may be presented in either

26  numeric or symbolic form for the intended consumer audience.

27         (b)  The agency shall provide the following information

28  in printed form:

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

30  facilities in this state.

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  1         2.  Whether such nursing home facilities are

  2  proprietary or nonproprietary.

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

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

  5  license.

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

  7  semiprivate rooms, in each facility.

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

  9  facility.

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

11  the facility is affiliated with a company or other

12  organization owning or managing more than one nursing facility

13  in this state.

14         7.  The languages spoken by the administrator and staff

15  of each facility.

16         8.  Whether or not each facility accepts Medicare or

17  Medicaid recipients or insurance, health maintenance

18  organization, Veterans Administration, CHAMPUS program, or

19  workers' compensation coverage.

20         9.  Recreational programs, special care units, and

21  other programs available at each facility.

22         10.  The results of consumer and family satisfaction

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

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

25  presented in either numeric or symbolic form for the intended

26  consumer audience.

27         10.11.  The Internet address for the site where more

28  detailed information can be seen.

29         11.12.  A statement advising consumers that each

30  facility will have its own policies and procedures related to

31  protecting resident property.

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  1         12.13.  A summary of the Online Survey Certification

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

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

  4  comparison ranking with respect to other facilities based on

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

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

  7  citations; the number of citations; and the number of annual

  8  recertification surveys the facility has had during the past

  9  45 months. The score, rating, or comparison ranking may be

10  presented in either numeric or symbolic form for the intended

11  consumer audience.

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

13  400.23, Florida Statutes, is amended to read:

14         400.23  Rules; evaluation and deficiencies; licensure

15  status.--

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

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

18  Department of Elderly Affairs, shall adopt and enforce rules

19  to implement this part, which shall include reasonable and

20  fair criteria in relation to:

21         (h)  The implementation of the consumer satisfaction

22  survey pursuant to s. 400.0225; The availability,

23  distribution, and posting of reports and records pursuant to

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

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

26  400.235, Florida Statutes, is amended to read:

27         400.235  Nursing home quality and licensure status;

28  Gold Seal Program.--

29         (5)  Facilities must meet the following additional

30  criteria for recognition as a Gold Seal Program facility:

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  1         (c)  Participate in a consistently in the required

  2  consumer satisfaction process as prescribed by the agency, and

  3  demonstrate that information is elicited from residents,

  4  family members, and guardians about satisfaction with the

  5  nursing facility, its environment, the services and care

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

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

  8  act on information gathered from the consumer satisfaction

  9  measures.

10

11  A facility assigned a conditional licensure status may not

12  qualify for consideration for the Gold Seal Program until

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

14  II deficiencies and has completed a regularly scheduled

15  relicensure survey.

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

17  Florida Statutes, is amended to read:

18         409.8132  Medikids program component.--

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

20  component may only occur during periodic open enrollment

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

22  enrollment in the Medikids program component and proceed

23  through the eligibility determination process at any time

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

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

26  not receive services under the Medikids program until the

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

28  addition, once determined eligible, an applicant may receive

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

30  The agency may initiate mandatory assignment for a Medikids

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

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

  2  An applicant may select MediPass under the Medikids program

  3  component only in counties that have fewer than two managed

  4  care plans available to serve Medicaid recipients and only if

  5  the federal Health Care Financing Administration determines

  6  that MediPass constitutes "health insurance coverage" as

  7  defined in Title XXI of the Social Security Act.

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

  9  409.815, Florida Statutes, is amended to read:

10         409.815  Health benefits coverage; limitations.--

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

12  coverage to qualify for premium assistance payments for an

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

14  coverage, except for coverage under Medicaid and Medikids,

15  must include the following minimum benefits, as medically

16  necessary.

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

18  appropriation for this benefit, covered services include those

19  dental services provided to children by the Florida Medicaid

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

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

22  Constitution, the Legislature finds that this act fulfills an

23  important state interest.

24         Section 19.  Sections 400.0225, 400.148, 464.0195,

25  464.0196, and 464.0197, Florida Statutes, are repealed.

26         Section 20.  Except as otherwise provided herein, this

27  act shall take effect January 1, 2002.

28

29

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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.
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