Senate Bill sb1276e1

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    CS for SB 1276                           First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to access to health and human

  3         services; creating s. 408.911, F.S.; providing

  4         a short title; creating s. 408.912, F.S.;

  5         providing legislative findings and intent with

  6         respect to access to state-funded health

  7         services; creating s. 408.913, F.S.; requiring

  8         the Agency for Health Care Administration to

  9         establish as a pilot project a comprehensive

10         health and human services eligibility access

11         system; establishing requirements for each

12         component of the system; creating s. 408.914,

13         F.S.; requiring the Agency for Health Care

14         Administration to phase in implementation of

15         the comprehensive health and human services

16         eligibility access system; specifying

17         timeframes for each implementation phase;

18         requiring that the agency submit a plan for

19         statewide implementation to the Governor and

20         Legislature; creating s. 408.915, F.S.;

21         requiring the Agency for Health Care

22         Administration to develop and implement a pilot

23         project to integrate eligibility determination

24         and information and referral services;

25         establishing requirements for the pilot

26         project; establishing requirements for

27         information and referral; specifying the scope

28         of the project; authorizing the agency to

29         request federal waivers; creating s. 408.916,

30         F.S.; establishing the Health Care Access

31         Steering Committee; providing for membership of


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    CS for SB 1276                           First Engrossed (ntc)



  1         the steering committee; providing duties;

  2         establishing an expiration date for the

  3         steering committee; creating s. 408.917, F.S.;

  4         requiring an evaluation of the pilot project;

  5         requiring a report to the Governor and

  6         Legislature; specifying issues to be addressed

  7         in the report; creating s. 408.918, F.S.;

  8         authorizing the planning, development, and

  9         implementation of the Florida 211 Network;

10         providing objectives for the Florida 211

11         Network; requiring the Agency for Health Care

12         Administration to establish criteria for

13         certification of information and referral

14         entities to participate in the Florida 211

15         Network; providing for revocation of 211

16         numbers from uncertified information and

17         referral entities; providing for assistance in

18         resolving disputes from the Public Service

19         Commission and the Federal Communications

20         Commission; amending s. 409.912, F.S.;

21         authorizing the Agency for Health Care

22         Administration to contract with an entity

23         providing prepaid or fixed-sum health care and

24         social services to elderly recipients; amending

25         s. 430.205, F.S.; requiring the Department of

26         Elderly Affairs and the Agency for Health Care

27         Administration to develop a managed, integrated

28         long-term-care delivery system under a single

29         entity; providing for a pilot project;

30         specifying requirements of the pilot project;

31         specifying requirements for payment rates and


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    CS for SB 1276                           First Engrossed (ntc)



  1         risk-sharing agreements; authorizing the

  2         Department of Elderly Affairs and the Agency

  3         for Health Care Administration to seek federal

  4         waivers to implement the pilot; specifying

  5         requirements for the Department of Children and

  6         Family Services and the Department of Elderly

  7         Affairs concerning eligibility determination

  8         and nursing home preadmission screening;

  9         requiring an evaluation of the pilot project;

10         requiring a report to the Governor and

11         Legislature; specifying issues to be addressed

12         in this report; creating s. 430.041, F.S.;

13         establishing the Office of Long-Term-Care

14         Policy within the Department of Elderly

15         Affairs; requiring the office to make

16         recommendations for coordinating the services

17         provided by state agencies; providing for the

18         appointment of an advisory board to the Office

19         of Long-Term-Care Policy; specifying membership

20         in the advisory board; providing for

21         reimbursement of per diem and travel expenses

22         for members of the advisory board; requiring

23         that the office submit an annual report to the

24         Governor and Legislature; requiring assistance

25         to the office by state agencies and

26         universities; providing an effective date.

27

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

29

30         Section 1.  Section 408.911, Florida Statutes, is

31  created to read:


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    CS for SB 1276                           First Engrossed (ntc)



  1         408.911  Short title.--Sections 408.911-408.918 may be

  2  cited as the "Florida Health and Human Services Access Act."

  3         Section 2.  Section 408.912, Florida Statutes, is

  4  created to read:

  5         408.912  Legislative findings and intent.--

  6         (1)  The Legislature finds that:

  7         (a)  Procedures for accessing state-funded health and

  8  human services are fragmented, which can result in redundant,

  9  incomplete, and inefficient service delivery;

10         (b)  The process for determining eligibility for

11  state-funded health and human services is unnecessarily

12  cumbersome and complex, often requiring repeated visits to an

13  eligibility office to resolve questions regarding family

14  circumstances;

15         (c)  Individuals and families who are eligible for

16  multiple state programs are confronted with multiple,

17  uncoordinated case managers and care plans;

18         (d)  Information and referral entities provide a vital

19  service that informs, guides, directs, and links people to

20  appropriate local health and human services resources and

21  services;

22         (e)  There is no comprehensive, statewide health and

23  human services information and referral system in this state

24  and no way for a person to easily determine the availability

25  of health and human services needed by an individual or

26  family, or the status of the eligibility of an individual or

27  family for such services;

28         (f)  There are no consistent, statewide standards,

29  training, or criteria for technical support regarding

30  information on and referral for health and human services;

31  there are no consistent standards, criteria, or statutory


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    CS for SB 1276                           First Engrossed (ntc)



  1  framework to guide appropriate sharing of information; and

  2  there is duplicative management and funding of information and

  3  referral systems and processes; and

  4         (g)  There is a demonstrated need for an

  5  easy-to-remember, easy-to-use dialing code that will enable

  6  persons in need, perhaps even critically so, to be directed to

  7  available community resources, and that the use of a single

  8  dialing code, serving as a primary point of contact, will

  9  simplify access to the services and resources of both the

10  government and the nonprofit community.

11         (2)  It is, therefore, the intent of the Legislature to

12  establish a pilot project to demonstrate the feasibility of

13  combining the easy access to information provided by a

14  comprehensive information and referral service with a

15  streamlined and simplified approach to determining eligibility

16  for state-funded health care and, if feasible, other human

17  services. It is the intent of the Legislature that the state

18  agencies that provide health and human services develop

19  coordinated care management for individuals and families with

20  multiple needs. It is the intent of the Legislature that a

21  comprehensive information and referral system for health and

22  human services be developed in the state. It is further the

23  intent of the Legislature to establish a governing body to

24  guide the implementation of the pilot project and make

25  recommendations to the Legislature for expanding the pilot

26  project to other areas of the state.

27         Section 3.  Section 408.913, Florida Statutes, is

28  created to read:

29         408.913  Comprehensive Health and Human Services

30  Eligibility Access System.--

31


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    CS for SB 1276                           First Engrossed (ntc)



  1         (1)  The Agency for Health Care Administration shall

  2  develop a comprehensive, automated system for access to health

  3  care services. This system shall, to the greatest extent

  4  possible, use the capacity of existing automated systems so as

  5  to maximize the benefit of investments already made in

  6  information technology and minimize additional costs.

  7         (2)  The benefit-eligibility component of the system

  8  shall include simplified access through coordination with

  9  information and referral telephone systems. This does not

10  preclude use of other methods of application, including

11  mail-in applications, office visits, or on-line applications

12  via the Internet. The eligibility component of the system

13  shall include:

14         (a) Improved access to eligibility-status information.

15         (b) Development and sharing of information with

16  eligible individuals and families regarding choices available

17  to them for using health care services.

18         (3)  The state agencies providing the medical,

19  clinical, and related health care support services for special

20  populations, including frail elders, adults with disabilities,

21  and children with special needs shall develop systems for

22  these populations which integrate and coordinate care and

23  improved communication. These systems must include development

24  of standard protocols for care planning and assessment, a

25  focus on family involvement, and methods to communicate across

26  systems, including automated methods, in order to improve

27  integration and coordination of services.

28         Section 4.  Section 408.914, Florida Statutes, is

29  created to read:

30         408.914  Phased implementation plan.--The Agency for

31  Health Care Administration, in consultation with the Health


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    CS for SB 1276                           First Engrossed (ntc)



  1  Care Access Steering Committee created in s. 408.916, shall

  2  phase in the implementation of the Comprehensive Health and

  3  Human Services Eligibility Access System.

  4         (1)  The first phase of implementation shall be a pilot

  5  project in one or more contiguous counties to demonstrate the

  6  feasibility of integrating eligibility determination for

  7  health care services with information and referral services.

  8         (2)  Upon demonstration of the feasibility of the first

  9  phase of implementation, and subject to appropriation of any

10  necessary resources, the steering committee shall develop a

11  detailed implementation plan for the care-management component

12  of the system. The implementation plan must include the

13  steering committee's recommendation of one or more state

14  agencies that should be designated to implement the

15  care-management component of the system.

16         (3)  Options for further implementation of the system

17  may include a phased implementation of the eligibility

18  component in additional sites before implementing the

19  remaining components of the system or may include

20  implementation of the care management and service system

21  components along with the eligibility components.

22         (4)  The Agency for Health Care Administration, in

23  consultation with the steering committee, shall complete

24  analysis of the initial pilot project by November 1, 2003, and

25  by January 1, 2004, shall submit a plan to the Governor, the

26  President of the Senate, and the Speaker of the House of

27  Representatives for statewide implementation of all components

28  of the system, if warranted. This plan must also include

29  recommendations for incorporating additional public assistance

30  and human services programs into the Comprehensive Health and

31  Human Services Eligibility Access System.


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    CS for SB 1276                           First Engrossed (ntc)



  1         Section 5.  Section 408.915, Florida Statutes, is

  2  created to read:

  3         408.915  Eligibility pilot project.--The Agency for

  4  Health Care Administration, in consultation with the steering

  5  committee established in s. 408.916, shall develop and

  6  implement a pilot project to integrate the determination of

  7  eligibility for health care services with information and

  8  referral services.

  9         (1)  The pilot project shall operate in one or more

10  contiguous counties, as selected by the agency in consultation

11  with the steering committee.

12         (2)  The pilot project shall focus on developing, to

13  the maximum extent possible, a process for eligibility

14  application which:

15         (a)  Uses a single uniform electronic application

16  process, but permits applying for health services through

17  various entry points, including information and referral

18  providers, state agency program personnel or contracted

19  providers, the mail, or the Internet;

20         (b)  Is linked to a shared database that will have the

21  capability to sort or store information by families as well as

22  individuals;

23         (c)  Permits electronic input and storage of data and

24  electronic verification and exchange of information;

25         (d)  Is compliant with the federal Health Insurance

26  Portability and Accountability Act, as well as all other

27  applicable state and federal confidentiality, financial, and

28  insurance requirements;

29         (e)  Includes an initial screening component for

30  referring applicants to other health and human services

31  programs provided through state agencies and the Florida


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    CS for SB 1276                           First Engrossed (ntc)



  1  Healthy Kids Corporation, including programs addressing

  2  developmental delays, developmental disabilities, chronic

  3  physical illness, mental health needs, substance-abuse

  4  treatment needs, elder and aging needs, and other health care

  5  needs; and

  6         (f)  Includes the level of customer service available

  7  to applicants and participants in the pilot project.

  8         (3)  The information and referral provider in the site

  9  selected as the pilot project shall, at a minimum:

10         (a)  Execute a memorandum of understanding with the

11  local community volunteer placement centers;

12         (b)  Implement, or be in the process of implementing, a

13  shared, web-based, information and eligibility database with

14  community health providers and funders;

15         (c)  Provide comprehensive information and referral

16  services 24 hours per day, 7 days per week;

17         (d)  Agree, in writing, to become accredited within 3

18  years by a nationally recognized information and referral

19  accrediting agency;

20         (e)  Execute a memorandum of understanding with 911 and

21  other emergency response agencies in the pilot area;

22         (f)  Implement policies and structured training to

23  effectively respond to crisis calls or obtain accreditation by

24  a nationally recognized mental health or crisis accrediting

25  agency;

26         (g)  Obtain teletypewriter and multi-language

27  accessibility, either on-site or through a translation

28  service;

29         (h)  Develop resources to support and publicize

30  information and referral services and provide ongoing

31


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    CS for SB 1276                           First Engrossed (ntc)



  1  education to the public on the availability of such services;

  2  and

  3         (i)  Provide periodic reports to the Governor, the

  4  President of the Senate, and the Speaker of the House of

  5  Representatives on the use of the information and referral

  6  system and on measures that demonstrate the effectiveness and

  7  efficiency of the information and referral services provided.

  8         (4)  The pilot project shall include eligibility

  9  determinations for the following programs:

10         (a)  Medicaid under Title XIX of the Social Security

11  Act.

12         (b)  Medikids as created in s. 409.8132.

13         (c)  Florida Healthy Kids as described in s. 624.91 and

14  within eligibility guidelines provided in s. 409.814.

15         (d)  Eligibility for Florida Kidcare services outside

16  of the scope of Title XIX or Title XXI of the Social Security

17  Act as provided in s. 409.814.

18         (e)  State and local publicly funded health and social

19  services programs as determined appropriate by the steering

20  committee.

21         (5)  If the Secretary of Health Care Administration, in

22  consultation with the steering committee established in s.

23  408.916, determines that it would facilitate operation of the

24  pilot project to obtain federal waiver authority, the

25  appropriate state agency shall request such waiver authority

26  from the appropriate federal agency.

27         Section 6.  Section 408.916, Florida Statutes, is

28  created to read:

29         408.916  Steering committee.--In order to guide the

30  implementation of the pilot project, there is created a Health

31  Care Access Steering Committee.


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    CS for SB 1276                           First Engrossed (ntc)



  1         (1)  The steering committee shall be composed of the

  2  following members:

  3         (a)  The Secretary of Health Care Administration.

  4         (b)  The Secretary of Children and Family Services.

  5         (c)  The Secretary of Elderly Affairs.

  6         (d)  The Secretary of Health.

  7         (e)  A representative of the Florida Alliance of

  8  Information and Referral Services.

  9         (f)  A representative of the Florida Healthy Kids

10  Corporation.

11         (2)  The steering committee may designate additional ad

12  hoc members or technical advisors as the committee finds is

13  appropriate.

14         (3)  The Secretary of Health Care Administration shall

15  be the chairperson of the steering committee.

16         (4)  The steering committee shall provide oversight to

17  the ongoing implementation of the pilot project, provide

18  consultation and guidance on matters of policy, and provide

19  oversight to the evaluation of the pilot project.

20         (5)  The steering committee shall complete its

21  activities by June 30, 2004, and the authorization for the

22  steering committee ends on that date.

23         Section 7.  Section 408.917, Florida Statutes, is

24  created to read:

25         408.917  Evaluation of the pilot project.--The Agency

26  for Health Care Administration, in consultation with the

27  steering committee, shall conduct or contract for an

28  evaluation of the pilot project under the guidance and

29  oversight of the steering committee. The agency shall ensure

30  that the evaluation is submitted to the Governor and

31


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    CS for SB 1276                           First Engrossed (ntc)



  1  Legislature by January 1, 2004. The evaluation report must

  2  address at least the following questions:

  3         (1)  What has been the impact of the pilot project on

  4  improving access to the process of determining eligibility?

  5         (2)  Based on the experience of the pilot project, what

  6  is the projected cost of statewide implementation?

  7         (3)  What has been the impact of the pilot project on

  8  the caseload trends in publicly funded programs and what is

  9  the projected impact of statewide implementation?

10         (4)  How has the implementation of the pilot project

11  affected customer satisfaction with access to eligibility

12  determination for state-funded health services?

13         (5)  Does the experience of the pilot project support

14  continued expansion of the concept?

15         (6)  What changes or modifications to the concepts of

16  the pilot project are recommended for future sites?

17         Section 8.  Section 408.918, Florida Statutes, is

18  created to read:

19         408.918  Florida 211 Network; uniform certification

20  requirements.--

21         (1)  The Legislature authorizes the planning,

22  development, and, subject to appropriations, the

23  implementation of a statewide Florida 211 Network, which shall

24  serve as the single point of coordination for information and

25  referral for health and human services. The objectives for

26  establishing the Florida 211 Network shall be to:

27         (a)  Provide comprehensive and cost-effective access to

28  health and human services information.

29         (b)  Improve access to accurate information by

30  simplifying and enhancing state and local health and human

31


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    CS for SB 1276                           First Engrossed (ntc)



  1  services information and referral systems and by fostering

  2  collaboration among information and referral systems.

  3         (c)  Electronically connect local information and

  4  referral systems to each other, to service providers, and to

  5  consumers of information and referral services.

  6         (d)  Establish and promote standards for data

  7  collection and for distributing information among state and

  8  local organizations.

  9         (e)  Promote the use of a common dialing access code

10  and the visibility and public awareness of the availability of

11  information and referral services.

12         (f)  Provide a management and administrative structure

13  to support the Florida 211 Network and establish technical

14  assistance, training, and support programs for information and

15  referral-service programs.

16         (g)  Test methods for integrating information and

17  referral services with local and state health and human

18  services programs and for consolidating and streamlining

19  eligibility and case-management processes.

20         (h)  Provide access to standardized, comprehensive data

21  to assist in identifying gaps and needs in health and human

22  services programs.

23         (i)  Provide a unified systems plan with a developed

24  platform, taxonomy, and standards for data management and

25  access.

26         (2)  In order to participate in the Florida 211

27  Network, a 211 provider must be certified by the Agency for

28  Health Care Administration. The agency shall develop criteria

29  for certification, as recommended by the Florida Alliance of

30  Information and Referral Services, and shall adopt the

31  criteria as administrative rules.


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    CS for SB 1276                           First Engrossed (ntc)



  1         (a)  If any provider of information and referral

  2  services or other entity leases a 211 number from a local

  3  exchange company and is not certified by the agency, the

  4  agency shall, after consultation with the local exchange

  5  company and the Public Service Commission, request that the

  6  Federal Communications Commission direct the local exchange

  7  company to revoke the use of the 211 number.

  8         (b)  The agency shall seek the assistance and guidance

  9  of the Public Service Commission and the Federal

10  Communications Commission in resolving any disputes arising

11  over jurisdiction related to 211 numbers.

12         Section 9.  Subsection (3) of section 409.912, Florida

13  Statutes, is amended to read:

14         409.912  Cost-effective purchasing of health care.--The

15  agency shall purchase goods and services for Medicaid

16  recipients in the most cost-effective manner consistent with

17  the delivery of quality medical care.  The agency shall

18  maximize the use of prepaid per capita and prepaid aggregate

19  fixed-sum basis services when appropriate and other

20  alternative service delivery and reimbursement methodologies,

21  including competitive bidding pursuant to s. 287.057, designed

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

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

24  minimize the exposure of recipients to the need for acute

25  inpatient, custodial, and other institutional care and the

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

27  agency may establish prior authorization requirements for

28  certain populations of Medicaid beneficiaries, certain drug

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

30  and possible dangerous drug interactions. The Pharmaceutical

31  and Therapeutics Committee shall make recommendations to the


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    CS for SB 1276                           First Engrossed (ntc)



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

  2  agency shall inform the Pharmaceutical and Therapeutics

  3  Committee of its decisions regarding drugs subject to prior

  4  authorization.

  5         (3)  The agency may contract with:

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

  7  services other than Medicaid services under contract with the

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

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

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

11  to recipients, which entity may provide such prepaid services

12  either directly or through arrangements with other providers.

13  Such prepaid health care services entities must be licensed

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

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

16  recognized under this paragraph which demonstrates to the

17  satisfaction of the Department of Insurance that it is backed

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

19  located may be exempted from s. 641.225.

20         (b)  An entity that is providing comprehensive

21  behavioral health care services to certain Medicaid recipients

22  through a capitated, prepaid arrangement pursuant to the

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

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

25  641 and must possess the clinical systems and operational

26  competence to manage risk and provide comprehensive behavioral

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

28  the term "comprehensive behavioral health care services" means

29  covered mental health and substance abuse treatment services

30  that are available to Medicaid recipients. The secretary of

31  the Department of Children and Family Services shall approve


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    CS for SB 1276                           First Engrossed (ntc)



  1  provisions of procurements related to children in the

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

  3  in a prepaid behavioral health plan. Any contract awarded

  4  under this paragraph must be competitively procured. In

  5  developing the behavioral health care prepaid plan procurement

  6  document, the agency shall ensure that the procurement

  7  document requires the contractor to develop and implement a

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

  9  provided to residents of licensed assisted living facilities

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

11  ensure that Medicaid recipients have available the choice of

12  at least two managed care plans for their behavioral health

13  care services. The agency may reimburse for

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

15  until the agency finds that adequate funds are available for

16  capitated, prepaid arrangements.

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

18  contracts with the entities providing comprehensive inpatient

19  and outpatient mental health care services to Medicaid

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

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

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

23  with entities providing comprehensive behavioral health care

24  services to Medicaid recipients through capitated, prepaid

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

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

27  and Walton Counties. The agency may contract with entities

28  providing comprehensive behavioral health care services to

29  Medicaid recipients through capitated, prepaid arrangements in

30  Alachua County. The agency may determine if Sarasota County

31


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    CS for SB 1276                           First Engrossed (ntc)



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

  2  any other agency geographic area.

  3         3.  Children residing in a Department of Juvenile

  4  Justice residential program approved as a Medicaid behavioral

  5  health overlay services provider shall not be included in a

  6  behavioral health care prepaid health plan pursuant to this

  7  paragraph.

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

  9  agency shall in its procurement document require an entity

10  providing comprehensive behavioral health care services to

11  prevent the displacement of indigent care patients by

12  enrollees in the Medicaid prepaid health plan providing

13  behavioral health care services from facilities receiving

14  state funding to provide indigent behavioral health care, to

15  facilities licensed under chapter 395 which do not receive

16  state funding for indigent behavioral health care, or

17  reimburse the unsubsidized facility for the cost of behavioral

18  health care provided to the displaced indigent care patient.

19         5.  Traditional community mental health providers under

20  contract with the Department of Children and Family Services

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

22  providers licensed pursuant to chapter 395 must be offered an

23  opportunity to accept or decline a contract to participate in

24  any provider network for prepaid behavioral health services.

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

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

27  entity owned by other migrant and community health centers

28  receiving non-Medicaid financial support from the Federal

29  Government to provide health care services on a prepaid or

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

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


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    CS for SB 1276                           First Engrossed (ntc)



  1  chapter 641, but shall be prohibited from serving Medicaid

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

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

  4  if the entity meets the requirements specified in subsections

  5  (14) and (15).

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

  7  demonstration projects to test Medicaid direct contracting.

  8  The demonstration projects may be reimbursed on a

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

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

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

12  appropriate financial reserve, quality assurance, and patient

13  rights requirements as established by the agency.  The agency

14  shall award contracts on a competitive bid basis and shall

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

16  recipients assigned to a demonstration project shall be chosen

17  equally from those who would otherwise have been assigned to

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

19  federal Medicaid waivers as necessary to implement the

20  provisions of this section.  A demonstration project awarded

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

22  of implementation.

23         (e)  An entity that provides comprehensive behavioral

24  health care services to certain Medicaid recipients through an

25  administrative services organization agreement. Such an entity

26  must possess the clinical systems and operational competence

27  to provide comprehensive health care to Medicaid recipients.

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

29  health care services" means covered mental health and

30  substance abuse treatment services that are available to

31  Medicaid recipients. Any contract awarded under this paragraph


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    CS for SB 1276                           First Engrossed (ntc)



  1  must be competitively procured. The agency must ensure that

  2  Medicaid recipients have available the choice of at least two

  3  managed care plans for their behavioral health care services.

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

  5  provides in-home physician services to Medicaid recipients

  6  with degenerative neurological diseases in order to test the

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

  8  entity providing the services shall be reimbursed on a

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

10  Medicare reimbursement rates. The agency may apply for waivers

11  of federal regulations necessary to implement such program.

12  This paragraph expires shall be repealed on July 1, 2002.

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

14  coordination and care management for Medicaid-eligible

15  pediatric patients, primary care, authorization of specialty

16  care, and other urgent and emergency care through organized

17  providers designed to service Medicaid eligibles under age 18.

18  The networks shall provide after-hour operations, including

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

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

21  departments.

22         (h)  An entity authorized in s. 430.205 to contract

23  with the agency and the Department of Elderly Affairs to

24  provide health care and social services on a prepaid or

25  fixed-sum basis to elderly recipients. Such prepaid healthcare

26  services entities are exempt from the provisions of part I of

27  chapter 641 for the first 3 years of operation. An entity

28  recognized under this paragraph that demonstrates to the

29  satisfaction of the Department of Insurance that it is backed

30  by the full faith and credit of one or more counties in which

31  it operates may be exempted from s. 641.225.


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    CS for SB 1276                           First Engrossed (ntc)



  1         Section 10.  Section 430.205, Florida Statutes is

  2  amended to read:

  3         430.205  Community care service system.--

  4         (1)(a)  The department, through the area agency on

  5  aging, shall fund in each planning and service area at least

  6  one community care service system that provides case

  7  management and other in-home and community services as needed

  8  to help the older person maintain independence and prevent or

  9  delay more costly institutional care.

10         (b)  For fiscal year 2001-2002 only, in each county

11  having a population over 2 million, the department, through

12  the area agency on aging, shall fund in each planning and

13  service area more than one community care service system that

14  provides case management and other in-home and community

15  services as needed to help elderly persons maintain

16  independence and prevent or delay more costly institutional

17  care. This paragraph expires July 1, 2002.

18         (2)  Core services and other support services may be

19  furnished by public or private agencies or organizations.

20  Each community care service system must be under the direction

21  of a lead agency that coordinates the activities of individual

22  contracting agencies providing community-care-for-the-elderly

23  services.  When practicable, the activities of a community

24  care service area must be directed from a multiservice senior

25  center and coordinated with other services offered therein.

26  This subsection does not require programs in existence prior

27  to the effective date of this act to be relocated.

28         (3)  The department shall define each core service that

29  is to be provided or coordinated within a community care

30  service area and establish rules and minimum standards for the

31  delivery of core services. The department may conduct or


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    CS for SB 1276                           First Engrossed (ntc)



  1  contract for demonstration projects to determine the

  2  desirability of new concepts of organization, administration,

  3  or service delivery designed to prevent the

  4  institutionalization of functionally impaired elderly persons.

  5  Evaluations shall be made of the cost-avoidance of such

  6  demonstration projects, the ability of the projects to reduce

  7  the rate of placement of functionally impaired elderly persons

  8  in institutions, and the impact of projects on the use of

  9  institutional services and facilities.

10         (4)  A preservice and inservice training program for

11  community-care-for-the-elderly service providers and staff may

12  be designed and implemented to help assure the delivery of

13  quality services. The department shall specify in rules the

14  training standards and requirements for the

15  community-care-for-the-elderly service providers and staff.

16  Training must be sufficient to ensure that quality services

17  are provided to clients and that appropriate skills are

18  developed to conduct the program.

19         (5)  Any person who has been classified as a

20  functionally impaired elderly person is eligible to receive

21  community-care-for-the-elderly core services. Those elderly

22  persons who are determined by protective investigations to be

23  vulnerable adults in need of services, pursuant to s.

24  415.104(3)(b), or to be victims of abuse, neglect, or

25  exploitation who are in need of immediate services to prevent

26  further harm and are referred by the adult protective services

27  program, shall be given primary consideration for receiving

28  community-care-for-the-elderly services. As used in this

29  subsection, "primary consideration" means that an assessment

30  and services must commence within 72 hours after referral to

31  the department or as established in accordance with department


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    CS for SB 1276                           First Engrossed (ntc)



  1  contracts by local protocols developed between department

  2  service providers and the adult protective services program.

  3         (6) Notwithstanding other requirements of this chapter,

  4  the Department of Elderly Affairs and the Agency for Health

  5  Care Administration shall develop a model system to transition

  6  all state-funded services for elderly individuals in one of

  7  the department's planning and service areas to a managed,

  8  integrated long-term-care delivery system under the direction

  9  of a single entity.

10         (a)  The duties of the model system shall include

11  organizing and administering service delivery for the elderly;

12  obtaining contracts for services with providers in the area;

13  monitoring the quality of services provided; determining

14  levels of need and disability for payment purposes; and other

15  activities determined by the department and the agency in

16  order to operate the model system.

17         (b)  The agency and the department shall integrate all

18  funding for services to individuals over the age of 65 in the

19  model planning and service areas into a single per-person

20  per-month payment rate, except that funds for Medicaid

21  behavioral health care services are exempt from this section.

22  The funds to be integrated shall include:

23         1.  Community-care-for-the-elderly funds;

24         2.  Home-care-for-the-elderly funds;

25         3.  Local services program funds;

26         4.  Contracted services funds;

27         5.  Alzheimer's disease initiative funds;

28         6.  Medicaid home and community-based waiver services

29  funds;

30

31


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    CS for SB 1276                           First Engrossed (ntc)



  1         7.  Funds for all Medicaid services authorized in ss.

  2  409.905 and 409.906, including Medicaid nursing home services;

  3  and

  4         8.  Funds paid for Medicare premiums, coinsurance and

  5  deductibles for persons dually eligible for Medicaid and

  6  Medicare as prescribed in s. 409.908(13).

  7

  8  The department and the agency shall not make payments for

  9  services for people age 65 and older except through the model

10  delivery system.

11         (c)  The entity selected to administer the model system

12  shall develop a comprehensive health and long-term-care

13  service delivery system through contracts with providers of

14  medical, social, and long-term-care services sufficient to

15  meet the needs of the population age 65 and older. The entity

16  selected to administer the model system shall not directly

17  provide services other than intake, assessment, and referral

18  services.

19         (d)  The department shall determine which of the

20  department's planning and services areas is to be designated

21  as a model area by means of a request for proposals. The

22  department shall select an area to be designated as a model

23  area and the entity to administer the model system based on

24  demonstration of capacity of the entity to:

25         1.  Develop contracts with providers currently under

26  contract with the department, area agencies on aging, or

27  community-care-for-the-elderly lead agencies;

28         2.  Provide a comprehensive system of appropriate

29  medical and long-term-care services that provides high-quality

30  medical and social services to assist older individuals in

31  remaining in the least-restrictive setting;


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    CS for SB 1276                           First Engrossed (ntc)



  1         3.  Demonstrate a quality assurance and quality

  2  improvement system satisfactory to the department and the

  3  agency;

  4         4.  Develop a system to identify participants who have

  5  special health care needs such as polypharmacy, mental health

  6  and substance abuse problems, falls, chronic pain, nutritional

  7  deficits, and cognitive deficits, in order to respond to and

  8  meet these needs;

  9         5.  Use a multi-discliplinary team approach to

10  participant management which ensures that information is

11  shared among providers responsible for delivering care to a

12  participant;

13         6.  Ensure medical oversight of care plans and service

14  delivery, regular medical evaluation of care plans, and the

15  availability of medical consultation for case managers and

16  service coordinators;

17         7.  Develop, monitor, and enforce quality-of-care

18  requirements;

19         8.  Secure subcontracts with providers of medical,

20  nursing home, and community-based long-term-care services

21  sufficient to assure access to and choice of providers;

22         9.  Ensure a system of case management and service

23  coordination which includes educational and training standards

24  for case managers and service coordinators;

25         10.  Develop a business plan that considers the ability

26  of the applicant to organize and operate a risk-bearing

27  entity;

28         11.  Furnish evidence of adequate liability insurance

29  coverage or an adequate plan of self-insurance to respond to

30  claims for injuries arising out of the furnishing of health

31  care; and


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    CS for SB 1276                           First Engrossed (ntc)



  1         12.  Provide, through contract or otherwise, for

  2  periodic review of its medical facilities as required by the

  3  department and the agency.

  4

  5  The department shall give preference in selecting an area to

  6  be designated as a model area to that in which the

  7  administering entity is an existing area agency on aging or

  8  community-care-for-the-elderly lead agency demonstrating the

  9  ability to perform the functions described in this paragraph.

10         (e)  The department in consultation with the selected

11  entity shall develop a statewide proposal regarding the

12  long-term use and structure of a program that addresses a risk

13  pool to reduce financial risk.

14         (f)  The department and the agency shall develop

15  capitation rates based on the historical cost experience of

16  the state in providing acute and long-term-care services to

17  the population over 65 years of age in the area served.

18         1.  Payment rates in the first 2 years of operation

19  shall be set at no more than 100 percent of the costs to the

20  state of providing equivalent services to the population of

21  the model area for the year prior to the year in which the

22  model system is implemented, adjusted forward to account for

23  inflation and population growth. In subsequent years, the rate

24  shall be negotiated based on the cost experience of the model

25  system in providing contracted services, but may not exceed 95

26  percent of the amount that would have been paid by the state

27  in the model planning and service area absent the model

28  integrated service delivery system.

29         2.  The agency and the department may develop

30  innovative risk-sharing agreements that limit the level of

31  custodial nursing home risk that the administering entity


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    CS for SB 1276                           First Engrossed (ntc)



  1  assumes, consistent with the intent of the Legislature to

  2  reduce the use and cost of nursing home care. Under

  3  risk-sharing arrangements, the agency and the department may

  4  reimburse the administering entity for the cost of providing

  5  nursing home care for Medicaid-eligible participants who have

  6  been permanently placed and remain in nursing home care for

  7  more than 1 year.

  8         (g)  The department and the Agency for Health Care

  9  Administration shall seek federal waivers necessary to

10  implement the requirements of this section.

11         (h)  The Department of Children and Family Services

12  shall develop a streamlined and simplified eligibility system

13  and shall outstation a sufficient number and quality of

14  eligibility-determination staff with the administering entity

15  to assure determination of Medicaid eligibility for the

16  integrated service delivery system in the model planning and

17  service area within 10 days after receipt of a complete

18  application.

19         (i)  The Department of Elderly Affairs shall make

20  arrangements to outstation a sufficient number of nursing home

21  preadmission screening staff with the administering entity to

22  assure timely assessment of level of need for long-term-care

23  services in the model area.

24         (j)  The Department of Elderly Affairs shall conduct or

25  contract for an evaluation of the pilot project. The

26  department shall submit the evaluation to the Governor and the

27  Legislature by January 1, 2005.  The evaluation must address

28  the effects of the pilot project on the effectiveness of the

29  entity providing a comprehensive system of appropriate and

30  high-quality medical and long-term-care services to elders in

31


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    CS for SB 1276                           First Engrossed (ntc)



  1  the least-restrictive setting and make recommendations on a

  2  phased-in implementation expansion for the rest of the state.

  3         Section 11.  Section 430.041, Florida Statutes, is

  4  created to read:

  5         430.041  Office of Long-Term-Care Policy.--

  6         (1)  There is established in the Department of Elderly

  7  Affairs the Office of Long-Term-Care Policy to evaluate the

  8  state's long-term-care service delivery system and make

  9  recommendations to increase the availability and the use of

10  noninstitutional settings to provide care to the elderly and

11  ensure coordination among the agencies responsible for the

12  long-term-care continuum.

13         (2)  The purpose of the Office of Long-Term-Care Policy

14  is to:

15         (a)  Ensure close communication and coordination among

16  state agencies involved in developing and administering a more

17  efficient and coordinated long-term-care service delivery

18  system in this state;

19         (b)  Identify duplication and unnecessary service

20  provision in the long-term-care system and make

21  recommendations to decrease inappropriate service provision;

22         (c)  Review current programs providing long-term-care

23  services to determine whether the programs are cost effective,

24  of high quality, and operating efficiently and make

25  recommendations to increase consistency and effectiveness in

26  the state's long-term-care programs;

27         (d)  Develop strategies for promoting and implementing

28  cost-effective home and community-based services as an

29  alternative to institutional care which coordinate and

30  integrate the continuum of care needs of the elderly; and

31


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    CS for SB 1276                           First Engrossed (ntc)



  1         (e)  Assist the Office of Long-Term-Care Policy

  2  Advisory Council as necessary to help implement this section.

  3         (3)  The Director of the Office of Long-Term-Care

  4  Policy shall be appointed by, and serve at the pleasure of,

  5  the Governor. The director shall report to, and be under the

  6  general supervision of, the Secretary of Elderly Affairs and

  7  shall not be subject to supervision by any other employee of

  8  the department.

  9         (4)  The Office of Long-Term-Care Policy shall have an

10  advisory council, whose chair shall be the Director of the

11  Office of Long-Term-Care Policy. The purposes of the advisory

12  council are to provide assistance and direction to the office

13  and to ensure that the appropriate state agencies are properly

14  implementing recommendations from the office.

15         (a)  The advisory council shall consist of:

16         1.  A member of the Senate, appointed by the President

17  of the Senate;

18         2.  A member of the House of Representatives, appointed

19  by the Speaker of the House of Representatives;

20         3.  The Director of the Office of Long-Term-Care

21  Policy;

22         4.  The Secretary of Health Care Administration;

23         5.  The Secretary of Elderly Affairs;

24         6.  The Secretary of Children and Family Services;

25         7.  The Secretary of Health;

26         8.  The Executive Director of the Department of

27  Veterans' Affairs;

28         9.  A representative of the Florida Association of Area

29  Agencies on Aging, appointed by the Governor;

30         10.  A representative of the Florida Association of

31  Aging Service Providers, appointed by the Governor;


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    CS for SB 1276                           First Engrossed (ntc)



  1         11.  A representative of the Florida Association of

  2  Homes for the Aging, appointed by the Governor; and

  3         12.  Two representatives of people using long-term-care

  4  services, appointed by the Governor from groups representing

  5  elderly persons.

  6         (b)  Members shall serve without compensation, but are

  7  entitled to receive reimbursement for travel and per diem as

  8  provided in s. 112.061.

  9         (c)  The advisory council shall meet at the call of its

10  chair or at the request of a majority of its members. During

11  its first year of existence, the advisory council shall meet

12  at least monthly.

13         (d)  Members of the advisory council appointed by the

14  Governor shall serve at the pleasure of the Governor and shall

15  be appointed to 4-year staggered terms in accordance with s.

16  20.052.

17         (5)(a)  The Department of Elderly Affairs shall provide

18  administrative support and services to the Office of

19  Long-Term-Care Policy.

20         (b)  The office shall call upon appropriate agencies of

21  state government, including the centers on aging in the State

22  University System, for assistance needed in discharging its

23  duties.

24         (c)  Each state agency represented on the Office of

25  Long-Term-Care Policy Advisory Council shall make at least one

26  employee available to work with the Office of Long-Term-Care

27  Policy. All state agencies and universities shall assist the

28  office in carrying out its responsibilities prescribed by this

29  section.

30         (d)  Each state agency shall pay from its own funds any

31  expenses related to its support of the Office of


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    CS for SB 1276                           First Engrossed (ntc)



  1  Long-Term-Care Policy and its participation on the advisory

  2  council. The Department of Elderly Affairs shall be

  3  responsible for expenses related to participation on the

  4  advisory council by members appointed by the Governor.

  5         (6)(a)  By December 1, 2002, the office shall submit to

  6  the advisory council a preliminary report of its findings and

  7  recommendations on improving the long-term-care continuum in

  8  this state. The report shall contain recommendations and

  9  implementation proposals for policy changes, as well as

10  legislative and funding recommendations that will make the

11  system more effective and efficient. The report shall contain

12  a specific plan for accomplishing the recommendations and

13  proposals. Thereafter, the office shall revise and update the

14  report annually and resubmit it to the advisory council for

15  review and comments by November 1 of each year.

16         (b)  The advisory council shall review and recommend

17  any suggested changes to the preliminary report, and each

18  subsequent annual update of the report, within 30 days after

19  the receipt of the preliminary report. Suggested revisions,

20  additions, or deletions shall be made to the Director of the

21  Office of Long-Term-Care Policy.

22         (c)  The office shall submit its final report, and each

23  subsequent annual update of the report, to the Governor and

24  the Legislature within 30 days after the receipt of any

25  revisions, additions, or deletions suggested by the advisory

26  council, or after the time such comments are due to the

27  office.

28         Section 12.  This act shall take effect upon becoming a

29  law.

30

31


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