Senate Bill sb1108c1

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    Florida Senate - 2002                           CS for SB 1108

    By the Committee on Appropriations; and Senator Silver





    309-1926B-02

  1                      A bill to be entitled

  2         An act relating to the Agency for Health Care

  3         Administration; amending s. 409.8177, F.S.;

  4         requiring the agency to contract for an

  5         evaluation of the Florida Kidcare program;

  6         amending s. 409.904, F.S.; revising provisions

  7         governing optional payments for medical

  8         assistance and related services; amending s.

  9         409.905, F.S.; providing additional criteria

10         for the agency to adjust a hospital's inpatient

11         per diem rate for Medicaid; amending s.

12         409.906, F.S.; authorizing the agency to make

13         payments for specified services which are

14         optional under Title XIX of the Social Security

15         Act; amending s. 409.912, F.S.; revising

16         provisions governing the purchase of goods and

17         services for Medicaid recipients; providing for

18         quarterly reports to the Governor and presiding

19         officers of the Legislature; amending s.

20         409.9116, F.S.; revising the disproportionate

21         share/financial assistance program for rural

22         hospitals; amending s. 409.9122, F.S.; revising

23         provisions governing mandatory Medicaid managed

24         care enrollment; providing an effective date.

25

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

27

28         Section 1.  Section 409.8177, Florida Statutes, is

29  amended to read:

30         409.8177  Program evaluation.--

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  1         (1)  The agency, in consultation with the Department of

  2  Health, the Department of Children and Family Services, and

  3  the Florida Healthy Kids Corporation, shall contract for an

  4  evaluation of the Florida Kidcare program and shall by January

  5  1 of each year submit to the Governor, the President of the

  6  Senate, and the Speaker of the House of Representatives a

  7  report of the Florida Kidcare program. In addition to the

  8  items specified under s. 2108 of Title XXI of the Social

  9  Security Act, the report shall include an assessment of

10  crowd-out and access to health care, as well as the following:

11         (a)(1)  An assessment of the operation of the program,

12  including the progress made in reducing the number of

13  uncovered low-income children.

14         (b)(2)  An assessment of the effectiveness in

15  increasing the number of children with creditable health

16  coverage, including an assessment of the impact of outreach.

17         (c)(3)  The characteristics of the children and

18  families assisted under the program, including ages of the

19  children, family income, and access to or coverage by other

20  health insurance prior to the program and after disenrollment

21  from the program.

22         (d)(4)  The quality of health coverage provided,

23  including the types of benefits provided.

24         (e)(5)  The amount and level, including payment of part

25  or all of any premium, of assistance provided.

26         (f)(6)  The average length of coverage of a child under

27  the program.

28         (g)(7)  The program's choice of health benefits

29  coverage and other methods used for providing child health

30  assistance.

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  1         (h)(8)  The sources of nonfederal funding used in the

  2  program.

  3         (i)(9)  An assessment of the effectiveness of Medikids,

  4  Children's Medical Services network, and other public and

  5  private programs in the state in increasing the availability

  6  of affordable quality health insurance and health care for

  7  children.

  8         (j)(10)  A review and assessment of state activities to

  9  coordinate the program with other public and private programs.

10         (k)(11)  An analysis of changes and trends in the state

11  that affect the provision of health insurance and health care

12  to children.

13         (l)(12)  A description of any plans the state has for

14  improving the availability of health insurance and health care

15  for children.

16         (m)(13)  Recommendations for improving the program.

17         (n)(14)  Other studies as necessary.

18         (2)  The agency shall also submit each month to the

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

20  House of Representatives a report of enrollment for each

21  program component of the Florida Kidcare program.

22         Section 2.  Effective July 1, 2002, subsection (2) of

23  section 409.904, Florida Statutes, as amended by section 2 of

24  chapter 2001-377, Laws of Florida, is amended to read:

25         409.904  Optional payments for eligible persons.--The

26  agency may make payments for medical assistance and related

27  services on behalf of the following persons who are determined

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

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

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

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  1  availability of moneys and any limitations established by the

  2  General Appropriations Act or chapter 216.

  3         (2)(a)  A family, a pregnant woman, a child under age

  4  19 who would otherwise qualify for Florida Kidcare Medicaid, a

  5  child up to age 21 who would otherwise qualify under s.

  6  409.903(1), a person age 65 or over, or a blind or disabled

  7  person who would otherwise be eligible for Florida Medicaid,

  8  except that the income or assets of such family or person

  9  exceed established limitations. A pregnant woman who would

10  otherwise qualify for Medicaid under s. 409.903(5) except for

11  her level of income and whose assets fall within the limits

12  established by the Department of Children and Family Services

13  for the medically needy.  A pregnant woman who applies for

14  medically needy eligibility may not be made presumptively

15  eligible.

16         (b)  A child under age 21 who would otherwise qualify

17  for Medicaid or the Florida Kidcare program except for the

18  family's level of income and whose assets fall within the

19  limits established by the Department of Children and Family

20  Services for the medically needy.

21

22  For a family or person in this group, medical expenses are

23  deductible from income in accordance with federal requirements

24  in order to make a determination of eligibility. Expenses used

25  to meet spend-down liability are not reimbursable by Medicaid.

26  The medically-needy income levels in effect on July 1, 2001,

27  are increased by $270 effective July 1, 2002. A family or

28  person in this group, which group is known as the "medically

29  needy," is eligible to receive the same services as other

30  Medicaid recipients, with the exception of services in skilled

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  1  nursing facilities and intermediate care facilities for the

  2  developmentally disabled.

  3         Section 3.  Paragraph (c) of subsection (5) of section

  4  409.905, Florida Statutes, is amended to read:

  5         409.905  Mandatory Medicaid services.--The agency may

  6  make payments for the following services, which are required

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

  8  furnished by Medicaid providers to recipients who are

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

10  were provided. Any service under this section shall be

11  provided only when medically necessary and in accordance with

12  state and federal law. Mandatory services rendered by

13  providers in mobile units to Medicaid recipients may be

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

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

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

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

18  the availability of moneys and any limitations or directions

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

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

21  for all covered services provided for the medical care and

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

23  licensed physician or dentist to a hospital licensed under

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

25  payment for inpatient hospital services for a Medicaid

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

27  days necessary to comply with the General Appropriations Act.

28         (c)  Agency for Health Care Administration shall adjust

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

30  cost of serving the Medicaid population at that institution

31  if:

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    Florida Senate - 2002                           CS for SB 1108
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  1         1.  The hospital experiences an increase in Medicaid

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

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

  4  area occurring after July 1, 1995; or

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

  6  25 percent below the Medicaid per patient cost for that year;

  7  or.

  8         3.  The hospital is located in a county that has five

  9  or fewer hospitals, began offering obstetrical services on or

10  after September 1999, and has submitted a request in writing

11  to the agency for a rate adjustment after July 1, 2000, but

12  before September 30, 2000, in which case such hospital's

13  Medicaid inpatient per diem rate shall be adjusted to cost,

14  effective July 1, 2002. For subsequent rate semesters, such

15  hospital's rate will be set in accordance with the methodology

16  of the Medicaid inpatient reimbursement plan.

17

18  No later than October 1 of each year November 1, 2001, the

19  agency must provide estimated costs for any adjustment in a

20  hospital inpatient per diem pursuant to this paragraph to the

21  Executive Office of the Governor, the House of Representatives

22  General Appropriations Committee, and the Senate

23  Appropriations Committee. Before the agency implements a

24  change in a hospital's inpatient per diem rate pursuant to

25  this paragraph, the Legislature must have specifically

26  appropriated sufficient funds in the General Appropriations

27  Act to support the increase in cost as estimated by the

28  agency.

29         Section 4.  Effective July 1, 2002, subsections (1),

30  (12), and (23) of section 409.906, Florida Statutes, as

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    Florida Senate - 2002                           CS for SB 1108
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  1  amended by section 3 of chapter 2001-377, Laws of Florida, are

  2  amended to read:

  3         409.906  Optional Medicaid services.--Subject to

  4  specific appropriations, the agency may make payments for

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

  6  the Social Security Act and are furnished by Medicaid

  7  providers to recipients who are determined to be eligible on

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

  9  service that is provided shall be provided only when medically

10  necessary and in accordance with state and federal law.

11  Optional services rendered by providers in mobile units to

12  Medicaid recipients may be restricted or prohibited by the

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

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

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

16  making any other adjustments necessary to comply with the

17  availability of moneys and any limitations or directions

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

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

20  services to elderly and disabled persons and subject to the

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

22  direct the Agency for Health Care Administration to amend the

23  Medicaid state plan to delete the optional Medicaid service

24  known as "Intermediate Care Facilities for the Developmentally

25  Disabled."  Optional services may include:

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

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

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

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

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

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

  2  mobile dental unit:

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

  4  agreement with the Department of Health and complying with

  5  Medicaid's county health department clinic services program

  6  specifications as a county health department clinic services

  7  provider.

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

  9  arrangement with a federally qualified health center and

10  complying with Medicaid's federally qualified health center

11  specifications as a federally qualified health center

12  provider.

13         (c)  Rendering dental services to Medicaid recipients,

14  21 years of age and older, at nursing facilities.

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

16  agreement with a state-approved dental educational

17  institution.

18         (e)  This subsection is repealed July 1, 2002.

19         (12)  CHILDREN'S HEARING SERVICES.--The agency may pay

20  for hearing and related services, including hearing

21  evaluations, hearing aid devices, dispensing of the hearing

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

23  21 by a licensed hearing aid specialist, otolaryngologist,

24  otologist, audiologist, or physician.

25         (23)  CHILDREN'S VISUAL SERVICES.--The agency may pay

26  for visual examinations, eyeglasses, and eyeglass repairs for

27  a recipient under age 21, if they are prescribed by a licensed

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

29  optometrist.

30

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  1         Section 5.  Section 409.912, Florida Statutes, as

  2  amended by sections 8 and 9 of chapter 2001-377, Laws of

  3  Florida, is amended to read:

  4         409.912  Cost-effective purchasing of health care.--The

  5  agency shall purchase goods and services for Medicaid

  6  recipients in the most cost-effective manner consistent with

  7  the delivery of quality medical care.  The agency shall

  8  maximize the use of prepaid per capita and prepaid aggregate

  9  fixed-sum basis services when appropriate and other

10  alternative service delivery and reimbursement methodologies,

11  including competitive bidding pursuant to s. 287.057, designed

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

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

14  minimize the exposure of recipients to the need for acute

15  inpatient, custodial, and other institutional care and the

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

17  agency may establish prior authorization requirements for

18  certain populations of Medicaid beneficiaries, certain drug

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

20  and possible dangerous drug interactions. The Pharmaceutical

21  and Therapeutics Committee, established pursuant to s.

22  409.91195, shall make recommendations to the agency on drugs

23  for which prior authorization is required, and. the agency

24  shall inform the Pharmaceutical and Therapeutics committee of

25  its decisions regarding drugs subject to prior authorization.

26         (1)  The agency may enter into agreements with

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

28  the Federal Government and accept such duties in respect to

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

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

31  409.901-409.920.

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  1         (2)  The agency may contract with health maintenance

  2  organizations certified pursuant to part I of chapter 641 for

  3  the provision of services to recipients.

  4         (3)  The agency may contract with:

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

  6  services other than Medicaid services under contract with the

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

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

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

10  to recipients, which entity may provide such prepaid services

11  either directly or through arrangements with other providers.

12  Such prepaid health care services entities must be licensed

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

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

15  recognized under this paragraph which demonstrates to the

16  satisfaction of the Department of Insurance that it is backed

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

18  located may be exempted from s. 641.225.

19         (b)  An entity that is providing comprehensive

20  behavioral health care services to certain Medicaid recipients

21  through a capitated, prepaid arrangement pursuant to the

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

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

24  641 and must possess the clinical systems and operational

25  competence to manage risk and provide comprehensive behavioral

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

27  the term "comprehensive behavioral health care services" means

28  covered mental health and substance abuse treatment services

29  that are available to Medicaid recipients. The secretary of

30  the Department of Children and Family Services shall approve

31  provisions of procurements related to children in the

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

  2  in a prepaid behavioral health plan. Any contract awarded

  3  under this paragraph must be competitively procured. In

  4  developing the behavioral health care prepaid plan procurement

  5  document, the agency shall ensure that the procurement

  6  document requires the contractor to develop and implement a

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

  8  provided to residents of licensed assisted living facilities

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

10  ensure that Medicaid recipients have available the choice of

11  at least two managed care plans for their behavioral health

12  care services. The agency may reimburse for

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

14  until the agency finds that adequate funds are available for

15  capitated, prepaid arrangements.

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

17  contracts with the entities providing comprehensive inpatient

18  and outpatient mental health care services to Medicaid

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

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

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

22  with entities providing comprehensive behavioral health care

23  services to Medicaid recipients through capitated, prepaid

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

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

26  and Walton Counties. The agency may contract with entities

27  providing comprehensive behavioral health care services to

28  Medicaid recipients through capitated, prepaid arrangements in

29  Alachua County. The agency may determine if Sarasota County

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

31  any other agency geographic area.

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  1         3.  Children residing in a Department of Juvenile

  2  Justice residential program approved as a Medicaid behavioral

  3  health overlay services provider shall not be included in a

  4  behavioral health care prepaid health plan pursuant to this

  5  paragraph.

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

  7  agency shall in its procurement document require an entity

  8  providing comprehensive behavioral health care services to

  9  prevent the displacement of indigent care patients by

10  enrollees in the Medicaid prepaid health plan providing

11  behavioral health care services from facilities receiving

12  state funding to provide indigent behavioral health care, to

13  facilities licensed under chapter 395 which do not receive

14  state funding for indigent behavioral health care, or

15  reimburse the unsubsidized facility for the cost of behavioral

16  health care provided to the displaced indigent care patient.

17         5.  Traditional community mental health providers under

18  contract with the Department of Children and Family Services

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

20  providers licensed pursuant to chapter 395 must be offered an

21  opportunity to accept or decline a contract to participate in

22  any provider network for prepaid behavioral health services.

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

24  owned by one or more federally qualified health centers or an

25  entity owned by other migrant and community health centers

26  receiving non-Medicaid financial support from the Federal

27  Government to provide health care services on a prepaid or

28  fixed-sum basis to recipients.  Such prepaid health care

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

30  chapter 641, but shall be prohibited from serving Medicaid

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

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

  2  if the entity meets the requirements specified in subsections

  3  (14) and (15).

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

  5  demonstration projects to test Medicaid direct contracting.

  6  The demonstration projects may be reimbursed on a

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

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

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

10  appropriate financial reserve, quality assurance, and patient

11  rights requirements as established by the agency.  The agency

12  shall award contracts on a competitive bid basis and shall

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

14  recipients assigned to a demonstration project shall be chosen

15  equally from those who would otherwise have been assigned to

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

17  federal Medicaid waivers as necessary to implement the

18  provisions of this section.  A demonstration project awarded

19  pursuant to this paragraph shall be for 4 years from the date

20  of implementation.

21         (e)  An entity that provides comprehensive behavioral

22  health care services to certain Medicaid recipients through an

23  administrative services organization agreement. Such an entity

24  must possess the clinical systems and operational competence

25  to provide comprehensive health care to Medicaid recipients.

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

27  health care services" means covered mental health and

28  substance abuse treatment services that are available to

29  Medicaid recipients. Any contract awarded under this paragraph

30  must be competitively procured. The agency must ensure that

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  1  Medicaid recipients have available the choice of at least two

  2  managed care plans for their behavioral health care services.

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

  4  provides in-home physician services to Medicaid recipients

  5  with degenerative neurological diseases in order to test the

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

  7  entity providing the services shall be reimbursed on a

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

  9  Medicare reimbursement rates. The agency may apply for waivers

10  of federal regulations necessary to implement such program.

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

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

13  coordination and care management for Medicaid-eligible

14  pediatric patients, primary care, authorization of specialty

15  care, and other urgent and emergency care through organized

16  providers designed to service Medicaid eligibles under age 18.

17  The networks shall provide after-hour operations, including

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

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

20  departments.

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

22  entity otherwise authorized by this section on a prepaid or

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

24  recipients. An entity may provide prepaid services to

25  recipients, either directly or through arrangements with other

26  entities, if each entity involved in providing services:

27         (a)  Is organized primarily for the purpose of

28  providing health care or other services of the type regularly

29  offered to Medicaid recipients;

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

31  the agency for quality, appropriateness, and timeliness;

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  1         (c)  Makes provisions satisfactory to the agency for

  2  insolvency protection and ensures that neither enrolled

  3  Medicaid recipients nor the agency will be liable for the

  4  debts of the entity;

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

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

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

  8  equivalent liquid assets excluding revenues from Medicaid

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

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

11         (e)  Furnishes evidence satisfactory to the agency of

12  adequate liability insurance coverage or an adequate plan of

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

14  of the furnishing of health care;

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

16  periodic review of its medical facilities and services, as

17  required by the agency; and

18         (g)  Provides organizational, operational, financial,

19  and other information required by the agency.

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

21  basis with any health insurer that:

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

23  Medicaid recipients in exchange for a premium payment paid by

24  the agency;

25         (b)  Assumes the underwriting risk; and

26         (c)  Is organized and licensed under applicable

27  provisions of the Florida Insurance Code and is currently in

28  good standing with the Department of Insurance.

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

30  basis with an exclusive provider organization to provide

31  health care services to Medicaid recipients provided that the

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  1  exclusive provider organization meets applicable managed care

  2  plan requirements in this section, ss. 409.9122, 409.9123,

  3  409.9128, and 627.6472, and other applicable provisions of

  4  law.

  5         (7)  The Agency for Health Care Administration may

  6  provide cost-effective purchasing of chiropractic services on

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

  8  arrangements with a statewide chiropractic preferred provider

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

10  corporation.  The agency shall ensure that the benefit limits

11  and prior authorization requirements in the current Medicaid

12  program shall apply to the services provided by the

13  chiropractic preferred provider organization.

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

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

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

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

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

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

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

21  to:

22         (a)  Fraud;

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

24  including those proscribing price fixing between competitors

25  and the allocation of customers among competitors;

26         (c)  Commission of a felony involving embezzlement,

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

28  destruction of records, making false statements, receiving

29  stolen property, making false claims, or obstruction of

30  justice; or

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  1         (d)  Any crime in any jurisdiction which directly

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

  3  fixed-sum basis.

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

  5  apply for waivers of applicable federal laws and regulations

  6  as necessary to implement more appropriate systems of health

  7  care for Medicaid recipients and reduce the cost of the

  8  Medicaid program to the state and federal governments and

  9  shall implement such programs, after legislative approval,

10  within a reasonable period of time after federal approval.

11  These programs must be designed primarily to reduce the need

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

13  institutional care, and other high-cost services.

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

15  waiver as authorized by this subsection, the agency shall

16  provide notice and an opportunity for public comment.  Notice

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

18  agency for advance notice and shall be published in the

19  Florida Administrative Weekly not less than 28 days prior to

20  the intended action.

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

22  appropriated to the Department of Elderly Affairs for the

23  Assisted Living for the Elderly Medicaid waiver and are not

24  expended shall be transferred to the agency to fund

25  Medicaid-reimbursed nursing home care.

26         (10)  The agency shall establish a postpayment

27  utilization control program designed to identify recipients

28  who may inappropriately overuse or underuse Medicaid services

29  and shall provide methods to correct such misuse.

30         (11)  The agency shall develop and provide coordinated

31  systems of care for Medicaid recipients and may contract with

                                  17

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  1  public or private entities to develop and administer such

  2  systems of care among public and private health care providers

  3  in a given geographic area.

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

  5  operation of utilization management and incentive systems

  6  designed to encourage cost-effective use services.

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

  8  utilization and price patterns within the Medicaid program

  9  which are not cost-effective or medically appropriate and

10  assess the effectiveness of new or alternate methods of

11  providing and monitoring service, and may implement such

12  methods as it considers appropriate. Such methods may include

13  disease management initiatives, an integrated and systematic

14  approach for managing the health care needs of recipients who

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

16  best practices, prevention strategies, clinical-practice

17  improvement, clinical interventions and protocols, outcomes

18  research, information technology, and other tools and

19  resources to reduce overall costs and improve measurable

20  outcomes.

21         (b)  The responsibility of the agency under this

22  subsection shall include the development of capabilities to

23  identify actual and optimal practice patterns; patient and

24  provider educational initiatives; methods for determining

25  patient compliance with prescribed treatments; fraud, waste,

26  and abuse prevention and detection programs; and beneficiary

27  case management programs.

28         1.  The practice pattern identification program shall

29  evaluate practitioner prescribing patterns based on national

30  and regional practice guidelines, comparing practitioners to

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

                                  18

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  1  Board shall consult with a panel of practicing health care

  2  professionals consisting of the following: the Speaker of the

  3  House of Representatives and the President of the Senate shall

  4  each appoint three physicians licensed under chapter 458 or

  5  chapter 459; and the Governor shall appoint two pharmacists

  6  licensed under chapter 465 and one dentist licensed under

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

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

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

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

11  panel shall be responsible for evaluating treatment guidelines

12  and recommending ways to incorporate their use in the practice

13  pattern identification program. Practitioners who are

14  prescribing inappropriately or inefficiently, as determined by

15  the agency, may have their prescribing of certain drugs

16  subject to prior authorization.

17         2.  The agency shall also develop educational

18  interventions designed to promote the proper use of

19  medications by providers and beneficiaries.

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

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

22  of credit requirement for participating pharmacies, enhanced

23  provider auditing practices, the use of additional fraud and

24  abuse software, recipient management programs for

25  beneficiaries inappropriately using their benefits, and other

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

27  and abuse. The initiative shall address enforcement efforts to

28  reduce the number and use of counterfeit prescriptions.

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

30  to implement this paragraph.

31

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

  2  basis shall, in addition to meeting any applicable statutory

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

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

  5  allowable as admitted assets by the Department of Insurance,

  6  and restricted funds or deposits controlled by the agency or

  7  the Department of Insurance, a surplus amount equal to

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

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

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

11  entity's surplus falls below an amount equal to

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

13  revenues, the agency shall prohibit the entity from engaging

14  in marketing and preenrollment activities, shall cease to

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

16  contract until the required balance is achieved.  The

17  requirements of this subsection do not apply:

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

19  incurred by the contracting entity; or

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

21  guaranteed in writing by a guaranteeing organization which:

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

23  assets in excess of $50 million; or

24         2.  Submits a written guarantee acceptable to the

25  agency which is irrevocable during the term of the contracting

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

27  contract, until the agency receives proof of satisfaction of

28  all outstanding obligations incurred under the contract.

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

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

31  insolvency protection account with a federally guaranteed

                                  20

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  1  financial institution licensed to do business in this state.

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

  3  capitation payments made by the agency each month until a

  4  maximum total of 2 percent of the total current contract

  5  amount is reached. The restricted insolvency protection

  6  account may be drawn upon with the authorized signatures of

  7  two persons designated by the entity and two representatives

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

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

10  the two authorized signatures of representatives of the

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

12  obligations incurred by the entity under the prepaid contract.

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

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

15  upon receipt of proof of satisfaction of all outstanding

16  obligations incurred under this contract.

17         (b)  The agency may waive the insolvency protection

18  account requirement in writing when evidence is on file with

19  the agency of adequate insolvency insurance and reinsurance

20  that will protect enrollees if the entity becomes unable to

21  meet its obligations.

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

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

24  services shall reimburse any hospital or physician that is

25  outside the entity's authorized geographic service area as

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

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

28  negotiated with the hospital or physician for the provision of

29  services or according to the lesser of the following:

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

31  general public by the hospital or physician; or

                                  21

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  1         (b)  The Florida Medicaid reimbursement rate

  2  established for the hospital or physician.

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

  4  prepaid contractor has been approved by the Department of

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

  6  the assignment or transfer of the appropriate Medicaid prepaid

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

  8  acquisition if the contractor and the other entity have been

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

10  period, unless the agency determines that the assignment or

11  transfer would be detrimental to the Medicaid recipients or

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

13  not have failed accreditation or committed any material

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

15  Medicaid contract requirements.  For purposes of this section,

16  a merger or acquisition means a change in controlling interest

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

18         (18)  Any entity contracting with the agency pursuant

19  to this section to provide health care services to Medicaid

20  recipients is prohibited from engaging in any of the following

21  practices or activities:

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

23  not limited to, attempts to discourage participation on the

24  basis of actual or perceived health status.

25         (b)  Activities that could mislead or confuse

26  recipients, or misrepresent the organization, its marketing

27  representatives, or the agency. Violations of this paragraph

28  include, but are not limited to:

29         1.  False or misleading claims that marketing

30  representatives are employees or representatives of the state

31

                                  22

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

  2  organization by whom they are reimbursed.

  3         2.  False or misleading claims that the entity is

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

  5  any other organization which has not certified its endorsement

  6  in writing to the entity.

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

  8  recommends that a Medicaid recipient enroll with an entity.

  9         4.  Claims that a Medicaid recipient will lose benefits

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

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

12  recipient does not enroll with the entity.

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

14  valuable consideration for enrollment, except as authorized by

15  subsection (21).

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

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

18  make a presentation.

19         (e)  Solicitation of Medicaid recipients by marketing

20  representatives stationed in state offices unless approved and

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

22  affected state agency when solicitation occurs in an office of

23  the state agency.  The agency shall ensure that marketing

24  representatives stationed in state offices shall market their

25  managed care plans to Medicaid recipients only in designated

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

27  recipients' activities in the state office.

28         (f)  Enrollment of Medicaid recipients.

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

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

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

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

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

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

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

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

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

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

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

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

10  action.

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

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

13  agency for the provision of health care services to Medicaid

14  recipients may not use or distribute marketing materials used

15  to solicit Medicaid recipients, unless such materials have

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

17  do not apply to general advertising and marketing materials

18  used by a health maintenance organization to solicit both

19  non-Medicaid subscribers and Medicaid recipients.

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

21  organizations and persons or entities exempt from chapter 641

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

23  health care services to Medicaid recipients may be permitted

24  within the capitation rate to provide additional health

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

26  practicably available, provide reasonable value to the

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

28  state.

29         (22)  The agency shall utilize the statewide health

30  maintenance organization complaint hotline for the purpose of

31  investigating and resolving Medicaid and prepaid health plan

                                  24

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  1  complaints, maintaining a record of complaints and confirmed

  2  problems, and receiving disenrollment requests made by

  3  recipients.

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

  5  health maintenance organization's and the prepaid health

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

  7  telephone number of the statewide health maintenance

  8  organization complaint hotline on each Medicaid identification

  9  card issued by a health maintenance organization or prepaid

10  health plan contracting with the agency to serve Medicaid

11  recipients and on each subscriber handbook issued to a

12  Medicaid recipient.

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

14  improvement system for those entities contracting with the

15  agency pursuant to this section, incorporating all the

16  standards and guidelines developed by the Medicaid Bureau of

17  the Health Care Financing Administration as a part of the

18  quality assurance reform initiative.  The system shall

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

20         (a)  Guidelines for internal quality assurance

21  programs, including standards for:

22         1.  Written quality assurance program descriptions.

23         2.  Responsibilities of the governing body for

24  monitoring, evaluating, and making improvements to care.

25         3.  An active quality assurance committee.

26         4.  Quality assurance program supervision.

27         5.  Requiring the program to have adequate resources to

28  effectively carry out its specified activities.

29         6.  Provider participation in the quality assurance

30  program.

31         7.  Delegation of quality assurance program activities.

                                  25

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  1         8.  Credentialing and recredentialing.

  2         9.  Enrollee rights and responsibilities.

  3         10.  Availability and accessibility to services and

  4  care.

  5         11.  Ambulatory care facilities.

  6         12.  Accessibility and availability of medical records,

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

  8         13.  Utilization review.

  9         14.  A continuity of care system.

10         15.  Quality assurance program documentation.

11         16.  Coordination of quality assurance activity with

12  other management activity.

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

14  elderly and disabled recipients, especially those who are at

15  risk of institutional placement; to persons with developmental

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

17  medical conditions.

18         (b)  Guidelines which require the entities to conduct

19  quality-of-care studies which:

20         1.  Target specific conditions and specific health

21  service delivery issues for focused monitoring and evaluation.

22         2.  Use clinical care standards or practice guidelines

23  to objectively evaluate the care the entity delivers or fails

24  to deliver for the targeted clinical conditions and health

25  services delivery issues.

26         3.  Use quality indicators derived from the clinical

27  care standards or practice guidelines to screen and monitor

28  care and services delivered.

29         (c)  Guidelines for external quality review of each

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

31  individual care review in specific situations; and followup

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

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

  3  quality review function and determining how it is to operate

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

  5  agency shall construct its external quality review

  6  organization and entity contracts to address each of the

  7  following:

  8         1.  Delineating the role of the external quality review

  9  organization.

10         2.  Length of the external quality review organization

11  contract with the state.

12         3.  Participation of the contracting entities in

13  designing external quality review organization review

14  activities.

15         4.  Potential variation in the type of clinical

16  conditions and health services delivery issues to be studied

17  at each plan.

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

19  studies to be conducted for each plan.

20         6.  Methods for implementing focused studies.

21         7.  Individual care review.

22         8.  Followup activities.

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

24  care services for which an entity has already been

25  compensated, an entity contracting with the agency pursuant to

26  this section shall achieve an annual Early and Periodic

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

28  rate of at least 60 percent for those recipients continuously

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

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

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

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

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

  3  established in the corrective action plan during the specified

  4  timeframe, the agency is authorized to impose appropriate

  5  contract sanctions.  At least annually, the agency shall

  6  publicly release the EPSDT Services screening rates of each

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

  8  Medicaid recipients.

  9         (26)  The agency shall perform enrollments and

10  disenrollments for Medicaid recipients who are eligible for

11  MediPass or managed care plans.  Notwithstanding the

12  prohibition contained in paragraph (18)(f), managed care plans

13  may perform preenrollments of Medicaid recipients under the

14  supervision of the agency or its agents.  For the purposes of

15  this section, "preenrollment" means the provision of marketing

16  and educational materials to a Medicaid recipient and

17  assistance in completing the application forms, but shall not

18  include actual enrollment into a managed care plan.  An

19  application for enrollment shall not be deemed complete until

20  the agency or its agent verifies that the recipient made an

21  informed, voluntary choice.  The agency, in cooperation with

22  the Department of Children and Family Services, may test new

23  marketing initiatives to inform Medicaid recipients about

24  their managed care options at selected sites.  The agency

25  shall report to the Legislature on the effectiveness of such

26  initiatives.  The agency may contract with a third party to

27  perform managed care plan and MediPass enrollment and

28  disenrollment services for Medicaid recipients and is

29  authorized to adopt rules to implement such services. The

30  agency may adjust the capitation rate only to cover the costs

31  of a third-party enrollment and disenrollment contract, and

                                  28

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  1  for agency supervision and management of the managed care plan

  2  enrollment and disenrollment contract.

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

  4  recipients, MediPass enrollees, or managed care plan enrollees

  5  shall be arranged alphabetically showing the provider's name

  6  and specialty and, separately, by specialty in alphabetical

  7  order.

  8         (28)  The agency shall establish an enhanced managed

  9  care quality assurance oversight function, to include at least

10  the following components:

11         (a)  At least quarterly analysis and followup,

12  including sanctions as appropriate, of managed care

13  participant utilization of services.

14         (b)  At least quarterly analysis and followup,

15  including sanctions as appropriate, of quality findings of the

16  Medicaid peer review organization and other external quality

17  assurance programs.

18         (c)  At least quarterly analysis and followup,

19  including sanctions as appropriate, of the fiscal viability of

20  managed care plans.

21         (d)  At least quarterly analysis and followup,

22  including sanctions as appropriate, of managed care

23  participant satisfaction and disenrollment surveys.

24         (e)  The agency shall conduct regular and ongoing

25  Medicaid recipient satisfaction surveys.

26

27  The analyses and followup activities conducted by the agency

28  under its enhanced managed care quality assurance oversight

29  function shall not duplicate the activities of accreditation

30  reviewers for entities regulated under part III of chapter

31

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

  2  reviewers.

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

  4  with the agency to provide health care services to Medicaid

  5  recipients shall annually conduct a background check with the

  6  Florida Department of Law Enforcement of all persons with

  7  ownership interest of 5 percent or more or executive

  8  management responsibility for the managed care plan and shall

  9  submit to the agency information concerning any such person

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

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

12  offenses listed in s. 435.03.

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

14  whereby a Medicaid managed care plan enrollee who wishes to

15  enter hospice care may be disenrolled from the managed care

16  plan within 24 hours after contacting the agency regarding

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

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

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

20  disenrollment occurs.

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

22  agency to provide health care services to Medicaid recipients

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

24  provisions of s. 641.513 in providing emergency services and

25  care to Medicaid recipients and MediPass recipients.

26         (32)  All entities providing health care services to

27  Medicaid recipients shall make available, and encourage all

28  pregnant women and mothers with infants to receive, and

29  provide documentation in the medical records to reflect, the

30  following:

31         (a)  Healthy Start prenatal or infant screening.

                                  30

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

  2  other factors indicate need.

  3         (c)  Healthy Start enhanced services in accordance with

  4  the prenatal or infant screening results.

  5         (d)  Immunizations in accordance with recommendations

  6  of the Advisory Committee on Immunization Practices of the

  7  United States Public Health Service and the American Academy

  8  of Pediatrics, as appropriate.

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

10  women and their partners.

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

12  voluntary family planning, to include discussion of all

13  methods of contraception, as appropriate.

14         (g)  Referral to the Special Supplemental Nutrition

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

16         (33)  Any entity that provides Medicaid prepaid health

17  plan services shall ensure the appropriate coordination of

18  health care services with an assisted living facility in cases

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

20  prepaid health plan and a resident of the assisted living

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

22  management and behavioral health services, the entity shall

23  inform the assisted living facility of the procedures to

24  follow should an emergent condition arise.

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

26  necessary to provide for cost-effective purchasing of home

27  health services, private duty nursing services,

28  transportation, independent laboratory services, and durable

29  medical equipment and supplies through competitive bidding

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

31  waivers from the federal Health Care Financing Administration

                                  31

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  1  in order to competitively bid such services. The agency may

  2  exclude providers not selected through the bidding process

  3  from the Medicaid provider network.

  4         (35)  The Agency for Health Care Administration is

  5  directed to issue a request for proposal or intent to

  6  negotiate to implement on a demonstration basis an outpatient

  7  specialty services pilot project in a rural and urban county

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

  9  "outpatient specialty services" means clinical laboratory,

10  diagnostic imaging, and specified home medical services to

11  include durable medical equipment, prosthetics and orthotics,

12  and infusion therapy.

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

14  Medicaid managed care outpatient specialty services must, at a

15  minimum, meet the following criteria:

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

17  Insurance under part II of chapter 641.

18         2.  The entity must be experienced in providing

19  outpatient specialty services.

20         3.  The entity must demonstrate to the satisfaction of

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

22  patients.

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

24  complaints and grievance process to assist Medicaid recipients

25  enrolled in the pilot managed care program to resolve

26  complaints and grievances.

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

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

29  be to determine the cost-effectiveness and effects on

30  utilization, access, and quality of providing outpatient

31

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  1  specialty services to Medicaid recipients on a prepaid,

  2  capitated basis.

  3         (c)  The agency shall conduct a quality assurance

  4  review of the prepaid health clinic each year that the

  5  demonstration program is in effect. The prepaid health clinic

  6  is responsible for all expenses incurred by the agency in

  7  conducting a quality assurance review.

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

  9  outpatient specialty services to Medicaid recipients shall

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

11  the agency, for the purpose of conducting the evaluation

12  required in paragraph (e).

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

14  pilot managed care program and report its findings to the

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

16         (36)  The agency shall enter into agreements with

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

18  purpose of providing vision screening.

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

20  prescribed-drug spending-control program that includes the

21  following components:

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

23  drugs for adult Medicaid recipients is limited to the

24  dispensing of four brand-name drugs per month per recipient.

25  Children are exempt from this restriction. Antiretroviral

26  agents are excluded from this limitation. No requirements for

27  prior authorization or other restrictions on medications used

28  to treat mental illnesses such as schizophrenia, severe

29  depression, or bipolar disorder may be imposed on Medicaid

30  recipients. Medications that will be available without

31  restriction for persons with mental illnesses include atypical

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  1  antipsychotic medications, conventional antipsychotic

  2  medications, selective serotonin reuptake inhibitors, and

  3  other medications used for the treatment of serious mental

  4  illnesses. The agency shall also limit the amount of a

  5  prescribed drug dispensed to no more than a 34-day supply. The

  6  agency shall continue to provide unlimited generic drugs,

  7  contraceptive drugs and items, and diabetic supplies. Although

  8  a drug may be included on the preferred drug formulary, it

  9  would not be exempt from the four-brand limit. The agency may

10  authorize exceptions to the brand-name-drug restriction based

11  upon the treatment needs of the patients, only when such

12  exceptions are based on prior consultation provided by the

13  agency or an agency contractor, but the agency must establish

14  procedures to ensure that:

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

16  consultation by telephone or other telecommunication device

17  within 24 hours after receipt of a request for prior

18  consultation;

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

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

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

22  and

23         c.  Except for the exception for nursing home residents

24  and other institutionalized adults and except for drugs on the

25  restricted formulary for which prior authorization may be

26  sought by an institutional or community pharmacy, prior

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

28  restriction is sought by the prescriber and not by the

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

30  an institutional setting beyond the brand-name-drug

31

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  1  restriction, such approval is authorized for 12 months and

  2  monthly prior authorization is not required for that patient.

  3         2.  Reimbursement to pharmacies for Medicaid prescribed

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

  5  percent.

  6         3.  The agency shall develop and implement a process

  7  for managing the drug therapies of Medicaid recipients who are

  8  using significant numbers of prescribed drugs each month. The

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

10  comprehensive, physician-directed medical-record reviews,

11  claims analyses, and case evaluations to determine the medical

12  necessity and appropriateness of a patient's treatment plan

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

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

15  Medicaid drug benefit management program shall include

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

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

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

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

20  network based on need, competitive bidding, price

21  negotiations, credentialing, or similar criteria. The agency

22  shall give special consideration to rural areas in determining

23  the size and location of pharmacies included in the Medicaid

24  pharmacy network. A pharmacy credentialing process may include

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

26  size, patient educational programs, patient consultation,

27  disease-management services, and other characteristics. The

28  agency may impose a moratorium on Medicaid pharmacy enrollment

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

30  Medicaid-participating providers.

31

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  1         5.  The agency shall develop and implement a program

  2  that requires Medicaid practitioners who prescribe drugs to

  3  use a counterfeit-proof prescription pad for Medicaid

  4  prescriptions. The agency shall require the use of

  5  standardized counterfeit-proof prescription pads by

  6  Medicaid-participating prescribers or prescribers who write

  7  prescriptions for Medicaid recipients. The agency may

  8  implement the program in targeted geographic areas or

  9  statewide.

10         6.  The agency may enter into arrangements that require

11  manufacturers of generic drugs prescribed to Medicaid

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

13  average manufacturer price for the manufacturer's generic

14  products. These arrangements shall require that if a

15  generic-drug manufacturer pays federal rebates for

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

17  manufacturer must provide a supplemental rebate to the state

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

19         7.  The agency may establish a preferred drug formulary

20  in accordance with 42 U.S.C. s. 1396r-8, and, pursuant to the

21  establishment of such formulary, it is authorized to negotiate

22  supplemental rebates from manufacturers that are in addition

23  to those required by Title XIX of the Social Security Act and

24  at no less than 10 percent of the average manufacturer price

25  as defined in 42 U.S.C. s. 1936 on the last day of a quarter

26  unless the federal or supplemental rebate, or both, equals or

27  exceeds 25 percent. There is no upper limit on the

28  supplemental rebates the agency may negotiate. The agency may

29  determine that specific products, brand-name or generic, are

30  competitive at lower rebate percentages. Agreement to pay the

31  minimum supplemental rebate percentage will guarantee a

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  1  manufacturer that the Medicaid Pharmaceutical and Therapeutics

  2  Committee will consider a product for inclusion on the

  3  preferred drug formulary. However, a pharmaceutical

  4  manufacturer is not guaranteed placement on the formulary by

  5  simply paying the minimum supplemental rebate. Agency

  6  decisions will be made on the clinical efficacy of a drug and

  7  recommendations of the Medicaid Pharmaceutical and

  8  Therapeutics Committee, as well as the price of competing

  9  products minus federal and state rebates. The agency is

10  authorized to contract with an outside agency or contractor to

11  conduct negotiations for supplemental rebates. For the

12  purposes of this section, the term "supplemental rebates" may

13  include, at the agency's discretion, cash rebates and other

14  program benefits that offset a Medicaid expenditure. Such

15  other program benefits may include, but are not limited to,

16  disease management programs, drug product donation programs,

17  drug utilization control programs, prescriber and beneficiary

18  counseling and education, fraud and abuse initiatives, and

19  other services or administrative investments with guaranteed

20  savings to the Medicaid program in the same year the rebate

21  reduction is included in the General Appropriations Act. The

22  agency is authorized to seek any federal waivers to implement

23  this initiative.

24         8.  The agency shall establish an advisory committee

25  for the purposes of studying the feasibility of using a

26  restricted drug formulary for nursing home residents and other

27  institutionalized adults. The committee shall be comprised of

28  seven members appointed by the Secretary of Health Care

29  Administration. The committee members shall include two

30  physicians licensed under chapter 458 or chapter 459; three

31  pharmacists licensed under chapter 465 and appointed from a

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  1  list of recommendations provided by the Florida Long-Term Care

  2  Pharmacy Alliance; and two pharmacists licensed under chapter

  3  465.

  4         9.  The Agency for Health Care Administration shall

  5  expand home delivery of pharmacy products. To assist Medicaid

  6  patients in securing their prescriptions and reduce program

  7  costs, the agency shall expand its current mail-order-pharmacy

  8  diabetes-supply program to include all generic and brand-name

  9  drugs used by Medicaid patients with diabetes. Medicaid

10  recipients in the current program may obtain nondiabetes drugs

11  on a voluntary basis. This initiative is limited to the

12  geographic area covered by the current contract. The agency

13  may seek and implement any federal waivers necessary to

14  implement this subparagraph.

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

16  extent that funds are appropriated to administer the Medicaid

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

18  contract all or any part of this program to private

19  organizations.

20         (c)  The agency shall submit quarterly reports a report

21  to the Governor, the President of the Senate, and the Speaker

22  of the House of Representatives which by January 15 of each

23  year. The report must include, but need not be limited to, the

24  progress made in implementing this subsection and its Medicaid

25  cost-containment measures and their effect on Medicaid

26  prescribed-drug expenditures.

27         (38)  Notwithstanding the provisions of chapter 287,

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

29  contracts for fiscal intermediary services one or more times

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

31

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

  2  the term of the original contract.

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

  4  demonstration project by establishment in Miami-Dade County of

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

  6  improve access to health care for a predominantly minority,

  7  medically underserved, and medically complex population and to

  8  evaluate alternatives to nursing home care and general acute

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

10  health care condominium and colocated with licensed facilities

11  providing a continuum of care.  The establishment of this

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

13  408.039.  The agency shall report its findings to the

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

15  House of Representatives by January 1, 2003.

16         Section 6.  Subsection (7) of section 409.9116, Florida

17  Statutes, is amended to read:

18         409.9116  Disproportionate share/financial assistance

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

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

21  shall administer a federally matched disproportionate share

22  program and a state-funded financial assistance program for

23  statutory rural hospitals. The agency shall make

24  disproportionate share payments to statutory rural hospitals

25  that qualify for such payments and financial assistance

26  payments to statutory rural hospitals that do not qualify for

27  disproportionate share payments. The disproportionate share

28  program payments shall be limited by and conform with federal

29  requirements. Funds shall be distributed quarterly in each

30  fiscal year for which an appropriation is made.

31  Notwithstanding the provisions of s. 409.915, counties are

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  1  exempt from contributing toward the cost of this special

  2  reimbursement for hospitals serving a disproportionate share

  3  of low-income patients.

  4         (7)  This section applies only to hospitals that were

  5  defined as statutory rural hospitals, or their

  6  successor-in-interest hospital, prior to July 1, 1999 1998.

  7  Any additional hospital that is defined as a statutory rural

  8  hospital, or its successor-in-interest hospital, on or after

  9  July 1, 1999 1998, is not eligible for programs under this

10  section unless additional funds are appropriated each fiscal

11  year specifically to the rural hospital disproportionate share

12  and financial assistance programs in an amount necessary to

13  prevent any hospital, or its successor-in-interest hospital,

14  eligible for the programs prior to July 1, 1999 1998, from

15  incurring a reduction in payments because of the eligibility

16  of an additional hospital to participate in the programs. A

17  hospital, or its successor-in-interest hospital, which

18  received funds pursuant to this section before July 1, 1999

19  1998, and which qualifies under s. 395.602(2)(e), shall be

20  included in the programs under this section and is not

21  required to seek additional appropriations under this

22  subsection.

23         Section 7.  Paragraphs (f) and (k) of subsection (2) of

24  section 409.9122, Florida Statutes, as amended by section 11

25  of chapter 2001-377, Laws of Florida, are amended to read:

26         409.9122  Mandatory Medicaid managed care enrollment;

27  programs and procedures.--

28         (2)

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

30  managed care plan or MediPass provider, the agency shall

31  assign the Medicaid recipient to a managed care plan or

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  1  MediPass provider. Medicaid recipients who are subject to

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

  3  assigned to managed care plans or provider service networks

  4  until an equal enrollment of 45 50 percent in MediPass and 55

  5  50 percent in managed care plans is achieved.  Once that equal

  6  enrollment is achieved, the assignments shall be divided in

  7  order to maintain an equal enrollment in MediPass and managed

  8  care plans which is in a 45 percent and 55 percent proportion,

  9  respectively. Thereafter, assignment of Medicaid recipients

10  who fail to make a choice shall be based proportionally on the

11  preferences of recipients who have made a choice in the

12  previous period. Such proportions shall be revised at least

13  quarterly to reflect an update of the preferences of Medicaid

14  recipients. The agency shall also disproportionately assign

15  Medicaid-eligible children in families who are required to but

16  have failed to make a choice of managed care plan or MediPass

17  for their child and who are to be assigned to the MediPass

18  program to children's networks as described in s.

19  409.912(3)(g) and where available. The disproportionate

20  assignment of children to children's networks shall be made

21  until the agency has determined that the children's networks

22  have sufficient numbers to be economically operated. For

23  purposes of this paragraph, when referring to assignment, the

24  term "managed care plans" includes exclusive provider

25  organizations, provider service networks, minority physician

26  networks, and pediatric emergency department diversion

27  programs authorized by this chapter or the General

28  Appropriations Act. When making assignments, the agency shall

29  take into account the following criteria:

30         1.  A managed care plan has sufficient network capacity

31  to meet the need of members.

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  1         2.  The managed care plan or MediPass has previously

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

  3  plan's primary care providers or MediPass providers has

  4  previously provided health care to the recipient.

  5         3.  The agency has knowledge that the member has

  6  previously expressed a preference for a particular managed

  7  care plan or MediPass provider as indicated by Medicaid

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

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

10  providers are geographically accessible to the recipient's

11  residence.

12         (k)  When a Medicaid recipient does not choose a

13  managed care plan or MediPass provider, the agency shall

14  assign the Medicaid recipient to a managed care plan, except

15  in those counties in which there are fewer than two managed

16  care plans accepting Medicaid enrollees, in which case

17  assignment shall be to a managed care plan or a MediPass

18  provider. Medicaid recipients in counties with fewer than two

19  managed care plans accepting Medicaid enrollees who are

20  subject to mandatory assignment but who fail to make a choice

21  shall be assigned to managed care plans until an equal

22  enrollment of 45 50 percent in MediPass and provider service

23  networks and 55 50 percent in managed care plans is achieved.

24  Once that equal enrollment is achieved, the assignments shall

25  be divided in order to maintain an equal enrollment in

26  MediPass and managed care plans which is in a 45 percent and

27  55 percent proportion, respectively. When making assignments,

28  the agency shall take into account the following criteria:

29         1.  A managed care plan has sufficient network capacity

30  to meet the need of members.

31

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  1         2.  The managed care plan or MediPass has previously

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

  3  plan's primary care providers or MediPass providers has

  4  previously provided health care to the recipient.

  5         3.  The agency has knowledge that the member has

  6  previously expressed a preference for a particular managed

  7  care plan or MediPass provider as indicated by Medicaid

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

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

10  providers are geographically accessible to the recipient's

11  residence.

12         5.  The agency has authority to make mandatory

13  assignments based on quality of service and performance of

14  managed care plans.

15         Section 8.  This act shall take effect July 1, 2002.

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1108

  3

  4  The committee substitute makes a number of changes to the
    Medicaid program that are required in order to implement the
  5  General Appropriations Act for FY 2002-03.  Specifically, the
    bill:
  6
    .     Requires the Agency for Health Care Administration, in
  7        consultation with other departments and the Florida
          Healthy Kids Corporation, to contract for an annual
  8        evaluation of the Florida Kidcare program.

  9  .     Restores coverage for adults in the Medically Needy
          program but revises program policy to increase the
10        medically needy income level by $270 (from $180 to $450)
          and prohibits Medicaid reimbursement for expenses used
11        to meet the spend-down liability for a family or person.

12  .     Restores Medicaid coverage for Adult Dental, Visual and
          Hearing services.
13
    .     Requires the Agency to submit quarterly reports on the
14        progress made in implementing cost-effective purchasing
          of health care and the Medicaid prescribed drug program.
15
    .     Changes the date used to qualify a hospital for
16        participation in the disproportionate share/financial
          assistance program for rural hospitals to July 1, 1999.
17
    .     Revises the enrollment goal of managed care to 55
18        percent managed care and 45 percent MediPass.

19  .     Provides for an adjustment to a hospital's current
          inpatient per diem rate based on specified criteria that
20        will provide for a more equitable reimbursement to
          certain hospitals.
21

22

23

24

25

26

27

28

29

30

31

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