CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1761

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Fiscal Responsibility Council offered the following:

12

13         Amendment (with title amendment) 

14         On page 11, line 5, of the bill

15

16  insert:

17         Section 8.  Subsection (3) of section 409.912, Florida

18  Statutes, is amended to read:

19         409.912  Cost-effective purchasing of health care.--The

20  agency shall purchase goods and services for Medicaid

21  recipients in the most cost-effective manner consistent with

22  the delivery of quality medical care.  The agency shall

23  maximize the use of prepaid per capita and prepaid aggregate

24  fixed-sum basis services when appropriate and other

25  alternative service delivery and reimbursement methodologies,

26  including competitive bidding pursuant to s. 287.057, designed

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

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

29  minimize the exposure of recipients to the need for acute

30  inpatient, custodial, and other institutional care and the

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1761

    Amendment No. ___ (for drafter's use only)





  1  agency may establish prior authorization requirements for

  2  certain populations of Medicaid beneficiaries, certain drug

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

  4  and possible dangerous drug interactions. The Pharmaceutical

  5  and Therapeutics Committee shall make recommendations to the

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

  7  agency shall inform the Pharmaceutical and Therapeutics

  8  Committee of its decisions regarding drugs subject to prior

  9  authorization.

10         (3)  The agency may contract with:

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

12  services other than Medicaid services under contract with the

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

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

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

16  to recipients, which entity may provide such prepaid services

17  either directly or through arrangements with other providers.

18  Such prepaid health care services entities must be licensed

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

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

21  recognized under this paragraph which demonstrates to the

22  satisfaction of the Department of Insurance that it is backed

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

24  located may be exempted from s. 641.225.

25         (b)  An entity that is providing comprehensive

26  behavioral health care services to certain Medicaid recipients

27  through a capitated, prepaid arrangement pursuant to the

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

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

30  641 and must possess the clinical systems and operational

31  competence to manage risk and provide comprehensive behavioral

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1761

    Amendment No. ___ (for drafter's use only)





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

  2  the term "comprehensive behavioral health care services" means

  3  covered mental health and substance abuse treatment services

  4  that are available to Medicaid recipients. The secretary of

  5  the Department of Children and Family Services shall approve

  6  provisions of procurements related to children in the

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

  8  in a prepaid behavioral health plan. Any contract awarded

  9  under this paragraph must be competitively procured. In

10  developing the behavioral health care prepaid plan procurement

11  document, the agency shall ensure that the procurement

12  document requires the contractor to develop and implement a

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

14  provided to residents of licensed assisted living facilities

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

16  ensure that Medicaid recipients have available the choice of

17  at least two managed care plans for their behavioral health

18  care services. The agency may reimburse for

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

20  until the agency finds that adequate funds are available for

21  capitated, prepaid arrangements.

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

23  contracts with the entities providing comprehensive inpatient

24  and outpatient mental health care services to Medicaid

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

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

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

28  with entities providing comprehensive behavioral health care

29  services to Medicaid recipients through capitated, prepaid

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

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1761

    Amendment No. ___ (for drafter's use only)





  1  and Walton Counties. The agency may contract with entities

  2  providing comprehensive behavioral health care services to

  3  Medicaid recipients through capitated, prepaid arrangements in

  4  Alachua County. The agency may determine if Sarasota County

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

  6  any other agency geographic area.

  7         3.  Children residing in a Department of Juvenile

  8  Justice residential program approved as a Medicaid behavioral

  9  health overlay services provider shall not be included in a

10  behavioral health care prepaid health plan pursuant to this

11  paragraph.

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

13  agency shall in its procurement document require an entity

14  providing comprehensive behavioral health care services to

15  prevent the displacement of indigent care patients by

16  enrollees in the Medicaid prepaid health plan providing

17  behavioral health care services from facilities receiving

18  state funding to provide indigent behavioral health care, to

19  facilities licensed under chapter 395 which do not receive

20  state funding for indigent behavioral health care, or

21  reimburse the unsubsidized facility for the cost of behavioral

22  health care provided to the displaced indigent care patient.

23         5.  Traditional community mental health providers under

24  contract with the Department of Children and Family Services

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

26  providers licensed pursuant to chapter 395 must be offered an

27  opportunity to accept or decline a contract to participate in

28  any provider network for prepaid behavioral health services.

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

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

31  entity owned by other migrant and community health centers

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1761

    Amendment No. ___ (for drafter's use only)





  1  receiving non-Medicaid financial support from the Federal

  2  Government to provide health care services on a prepaid or

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

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

  5  chapter 641, but shall be prohibited from serving Medicaid

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

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

  8  if the entity meets the requirements specified in subsections

  9  (14) and (15).

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

11  demonstration projects to test Medicaid direct contracting.

12  The demonstration projects may be reimbursed on a

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

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

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

16  appropriate financial reserve, quality assurance, and patient

17  rights requirements as established by the agency.  The agency

18  shall award contracts on a competitive bid basis and shall

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

20  recipients assigned to a demonstration project shall be chosen

21  equally from those who would otherwise have been assigned to

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

23  federal Medicaid waivers as necessary to implement the

24  provisions of this section.  A demonstration project awarded

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

26  of implementation.

27         (e)  An entity that provides comprehensive behavioral

28  health care services to certain Medicaid recipients through an

29  administrative services organization agreement. Such an entity

30  must possess the clinical systems and operational competence

31  to provide comprehensive health care to Medicaid recipients.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1761

    Amendment No. ___ (for drafter's use only)





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

  2  health care services" means covered mental health and

  3  substance abuse treatment services that are available to

  4  Medicaid recipients. Any contract awarded under this paragraph

  5  must be competitively procured. The agency must ensure that

  6  Medicaid recipients have available the choice of at least two

  7  managed care plans for their behavioral health care services.

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

  9  provides in-home physician services to Medicaid recipients

10  with degenerative neurological diseases in order to test the

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

12  entity providing the services shall be reimbursed on a

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

14  Medicare reimbursement rates. The agency may apply for waivers

15  of federal regulations necessary to implement such program.

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

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

18  coordination and care management for Medicaid-eligible

19  pediatric patients, primary care, authorization of specialty

20  care, and other urgent and emergency care through organized

21  providers designed to service Medicaid eligibles under age 18.

22  The networks shall provide after-hour operations, including

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

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

25  departments.

26         (h)  An entity authorized in section 430.205, F.S., to

27  contract with the agency and the Department of Elderly Affairs

28  to provide health care and social services on a prepaid or

29  fixed-sum basis to elderly recipients.  Such prepaid

30  healthcare services entities are exempt from the provisions of

31  Part 1 of Chapter 641 for the first three years of operation.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1761

    Amendment No. ___ (for drafter's use only)





  1  An entity recognized under this paragraph that demonstrates to

  2  the satisfaction of the Department of Insurance that it is

  3  backed by the full faith and credit of one or more counties in

  4  which it operates may be exempted from s. 641.225.

  5         Section 9.  Section 430.205, Florida Statutes is

  6  amended to read:

  7         430.205  Community care service system.--

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

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

10  one community care service system that provides case

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

12  to help the older person maintain independence and prevent or

13  delay more costly institutional care.

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

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

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

17  service area more than one community care service system that

18  provides case management and other in-home and community

19  services as needed to help elderly persons maintain

20  independence and prevent or delay more costly institutional

21  care. This paragraph expires July 1, 2002.

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

23  furnished by public or private agencies or organizations.

24  Each community care service system must be under the direction

25  of a lead agency that coordinates the activities of individual

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

27  services.  When practicable, the activities of a community

28  care service area must be directed from a multiservice senior

29  center and coordinated with other services offered therein.

30  This subsection does not require programs in existence prior

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1761

    Amendment No. ___ (for drafter's use only)





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

  2  is to be provided or coordinated within a community care

  3  service area and establish rules and minimum standards for the

  4  delivery of core services. The department may conduct or

  5  contract for demonstration projects to determine the

  6  desirability of new concepts of organization, administration,

  7  or service delivery designed to prevent the

  8  institutionalization of functionally impaired elderly persons.

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

10  demonstration projects, the ability of the projects to reduce

11  the rate of placement of functionally impaired elderly persons

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

13  institutional services and facilities.

14         (4)  A preservice and inservice training program for

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

16  be designed and implemented to help assure the delivery of

17  quality services. The department shall specify in rules the

18  training standards and requirements for the

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

20  Training must be sufficient to ensure that quality services

21  are provided to clients and that appropriate skills are

22  developed to conduct the program.

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

24  functionally impaired elderly person is eligible to receive

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

26  persons who are determined by protective investigations to be

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

28  415.104(3)(b), or to be victims of abuse, neglect, or

29  exploitation who are in need of immediate services to prevent

30  further harm and are referred by the adult protective services

31  program, shall be given primary consideration for receiving

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1761

    Amendment No. ___ (for drafter's use only)





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

  2  subsection, "primary consideration" means that an assessment

  3  and services must commence within 72 hours after referral to

  4  the department or as established in accordance with department

  5  contracts by local protocols developed between department

  6  service providers and the adult protective services program.

  7         (6) Notwithstanding other requirements of this chapter,

  8  the Department of Elderly Affairs and the Agency for Health

  9  Care Administration shall develop a model system to transition

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

11  the department's Planning and Service Areas to a managed,

12  integrated long-term care delivery system under the direction

13  of a single entity.

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

15  organizing and administering service delivery for the elderly;

16  obtaining contracts for services with providers in the area;

17  monitoring the quality of services provided; determining

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

19  activities determined by the department and the agency in

20  order to operate the model system.

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

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

23  model Planning and Service Areas into a single per-person

24  per-month payment rate. The funds to be integrated shall

25  include:

26         1.  Community Care for the Elderly funds;

27         2.  Home Care for the Elderly funds;

28         3.  Local Services Program funds;

29         4.  Contracted services funds;

30         5.  Alzheimer's Disease Initiative funds;

31         6.  Medicaid home and community-based waiver services

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1761

    Amendment No. ___ (for drafter's use only)





  1  funds;

  2         7.  Funds for all Medicaid services authorized in

  3  sections 409.905 and 409.906, including Medicaid nursing home

  4  services; and

  5         8.  Funds paid for Medicare premiums, co-insurance and

  6  deductibles for persons dually eligible for Medicaid and

  7  Medicare as prescribed in section 409.908(13).

  8                                .

  9  The department and the agency shall not make payments for

10  services for people aged 65 and older except through the model

11  delivery system.

12         (c)  The entity selected to administer the model

13  system shall develop a comprehensive health and long-term care

14  service delivery system through contracts with providers of

15  medical, social and long-term care services sufficient to meet

16  the needs of the population 65 and older. The entity selected

17  to administer the model system shall not directly provide

18  services other than intake, assessment, and referral services.

19         (d)  The department shall determine which of the

20  department's Planning and Services Areas is to be designated

21  as model areas 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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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1761

    Amendment No. ___ (for drafter's use only)





  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, or

  7  nutritional deficits, cognitive deficits, in order to respond

  8  to and meet these needs; 

  9         5.  use a multi-discliplinary team approach to

10  participant management that ensures that information is shared

11  between and among providers responsible for delivering care to

12  a 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 sub-contracts 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 that includes educational and training standards

24  for case managers and service coordinators;

25         10.  develop a business plan that reflects 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;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1761

    Amendment No. ___ (for drafter's use only)





  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  The department shall give preference in selecting an area to

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

  6  administering entity is an existing area agency on aging or

  7  Community Care for the Elderly lead agency demonstratin g the

  8  ability to perform the functions in this paragraph.

  9

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) COST EFFECTIVENESS--The department and the agency

15  shall develop capitation rates based on the historical cost

16  experience of the state in providing acute and long-term care

17  services to the population over 65 years of age in the area

18  served.

19         1.  Payment rates in the first two years of operation

20  shall be set at no more than 100% of the costs to the state of

21  providing equivalent services to the population of the model

22  area for the year prior to the year in which the model system

23  is implemented, adjusted forward to account for inflation and

24  population growth. In subsequent years, the rate shall be

25  negotiated based on the cost experience of the model system in

26  providing contracted services, but shall not exceed 95 percent

27  of the amount which would have been paid by the state in the

28  model planning and service area absent the model integrated

29  service delivery system.

30         2.  The agency and the department may develop

31  innovative risk-sharing agreements which limit the level of

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1761

    Amendment No. ___ (for drafter's use only)





  1  custodial nursing home risk that the administering entity

  2  assumes, consistent with the intent of the Legislature to

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

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

  5  reimburse the administering entity for the cost of providing

  6  nursing home care for Medicaid-eligible participants who have

  7  been permanently placed and remain in nursing home care for

  8  more than one year.

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

10  Administration shall seek federal waivers necessary to

11  implement the requirements of this section.

12         (h)  The Department of Children and Family Services

13  shall develop a streamlined and simplified eligibility system

14  and shall outstation a sufficient number and quality of

15  eligibility determination staff with the administering entity

16  to assure determination of Medicaid eligibility for the

17  integrated service delivery system in the model planning and

18  service are within 10 days of receipt of a complete

19  application.  

20         (i)  The Department of Elderly Affairs shall make

21  arrangements to outstation a sufficient number of nursing home

22  pre-admission screening staff with the administering entity to

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

24  services in the model area.

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

26  contract for an evaluation of the pilot project.  The

27  department shall submit the evaluation to the Governor and the

28  Legislature no later than January 1, 2005.  The evaluation

29  must address the impact of the pilot project on the

30  effectiveness of the entity providing a comprehensive system

31  of appropriate and high quality medical and long-term care

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1761

    Amendment No. ___ (for drafter's use only)





  1  services to elders in the least restrictive setting and

  2  recommendations on a phased in implementation expansion for

  3  the rest of the State.

  4

  5

  6  ================ T I T L E   A M E N D M E N T ===============

  7  And the title is amended as follows:

  8         On page 2, line 19, after the semicolon,

  9

10  and insert:

11         amending s. 409.912, F.S.; authorizing the

12         Agency for Health Care Administration to

13         contract with an entity providing prepaid or

14         fixed sum health care and social services to

15         elderly recipients;  amending 430.205, F.S.;

16         requiring the Department of Elderly Affairs and

17         the Agency for Health Care Administration to

18         develop a managed, integrated long-term care

19         delivery system under a single entity;

20         providing for a pilot project; specifying

21         requirements of the pilot project; specifying

22         requirements for payment rates and risk-sharing

23         agreements; authorizing the Department of

24         Elderly Affairs and the Agency for Health Care

25         Administration to seek federal waivers to

26         implement the pilot; specifying requirements

27         for the Departments of Children and Family

28         Services and Elderly Afffairs on eligibility

29         determination and nursing home pre-admission

30         screening; requiring an evaluation of the pilot

31         project; requiring a report to the Governor and

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1761

    Amendment No. ___ (for drafter's use only)





  1         Legislature; specifying issues to be addressed

  2         in this report;

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