CONFERENCE COMMITTEE AMENDMENT
    187-994AXA-08                       Bill No. HB 59-E, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
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11  The Conference Committee on HB 59-E offered the following:
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13         Conference Committee Amendment (with title amendment) 
14  Remove everything after the enacting clause
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16  and insert:  
17         Section 1.  Section 16.59, Florida Statutes, is amended
18  to read:
19         16.59  Medicaid fraud control.--There is created in the
20  Department of Legal Affairs the Medicaid Fraud Control Unit,
21  which may investigate all violations of s. 409.920 and any
22  criminal violations discovered during the course of those
23  investigations.  The Medicaid Fraud Control Unit may refer any
24  criminal violation so uncovered to the appropriate prosecuting
25  authority. Offices of the Medicaid Fraud Control Unit and the
26  offices of the Agency for Health Care Administration Medicaid
27  program integrity program shall, to the extent possible, be
28  collocated. The agency and the Department of Legal Affairs
29  shall conduct joint training and other joint activities
30  designed to increase communication and coordination in
31  recovering overpayments.
                                  1
    File original & 9 copies    05/10/02                          
    hbd0005                     10:13 am         E0059-0117-931927

CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Section 2. Subsections (3), (5), and (7) of section 2 112.3187, Florida Statutes, are amended to read: 3 112.3187 Adverse action against employee for 4 disclosing information of specified nature prohibited; 5 employee remedy and relief.-- 6 (3) DEFINITIONS.--As used in this act, unless 7 otherwise specified, the following words or terms shall have 8 the meanings indicated: 9 (a) "Agency" means any state, regional, county, local, 10 or municipal government entity, whether executive, judicial, 11 or legislative; any official, officer, department, division, 12 bureau, commission, authority, or political subdivision 13 therein; or any public school, community college, or state 14 university. 15 (b) "Employee" means a person who performs services 16 for, and under the control and direction of, or contracts 17 with, an agency or independent contractor for wages or other 18 remuneration. 19 (c) "Adverse personnel action" means the discharge, 20 suspension, transfer, or demotion of any employee or the 21 withholding of bonuses, the reduction in salary or benefits, 22 or any other adverse action taken against an employee within 23 the terms and conditions of employment by an agency or 24 independent contractor. 25 (d) "Independent contractor" means a person, other 26 than an agency, engaged in any business and who enters into a 27 contract, including a provider agreement, with an agency. 28 (e) "Gross mismanagement" means a continuous pattern 29 of managerial abuses, wrongful or arbitrary and capricious 30 actions, or fraudulent or criminal conduct which may have a 31 substantial adverse economic impact. 2 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (5) NATURE OF INFORMATION DISCLOSED.--The information 2 disclosed under this section must include: 3 (a) Any violation or suspected violation of any 4 federal, state, or local law, rule, or regulation committed by 5 an employee or agent of an agency or independent contractor 6 which creates and presents a substantial and specific danger 7 to the public's health, safety, or welfare. 8 (b) Any act or suspected act of gross mismanagement, 9 malfeasance, misfeasance, gross waste of public funds, 10 suspected or actual Medicaid fraud or abuse, or gross neglect 11 of duty committed by an employee or agent of an agency or 12 independent contractor. 13 (7) EMPLOYEES AND PERSONS PROTECTED.--This section 14 protects employees and persons who disclose information on 15 their own initiative in a written and signed complaint; who 16 are requested to participate in an investigation, hearing, or 17 other inquiry conducted by any agency or federal government 18 entity; who refuse to participate in any adverse action 19 prohibited by this section; or who initiate a complaint 20 through the whistle-blower's hotline or the hotline of the 21 Medicaid Fraud Control Unit of the Department of Legal 22 Affairs; or employees who file any written complaint to their 23 supervisory officials or employees who submit a complaint to 24 the Chief Inspector General in the Executive Office of the 25 Governor, to the employee designated as agency inspector 26 general under s. 112.3189(1), or to the Florida Commission on 27 Human Relations. The provisions of this section may not be 28 used by a person while he or she is under the care, custody, 29 or control of the state correctional system or, after release 30 from the care, custody, or control of the state correctional 31 system, with respect to circumstances that occurred during any 3 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 period of incarceration. No remedy or other protection under 2 ss. 112.3187-112.31895 applies to any person who has committed 3 or intentionally participated in committing the violation or 4 suspected violation for which protection under ss. 5 112.3187-112.31895 is being sought. 6 Section 3. Paragraph (a) of subsection (7) of section 7 240.4075, Florida Statutes, is amended to read: 8 240.4075 Nursing Student Loan Forgiveness Program.-- 9 (7)(a) Funds contained in the Nursing Student Loan 10 Forgiveness Trust Fund which are to be used for loan 11 forgiveness for those nurses employed by hospitals, birth 12 centers, and nursing homes must be matched on a 13 dollar-for-dollar basis by contributions from the employing 14 institutions, except that this provision shall not apply to 15 state-operated medical and health care facilities, public 16 schools, county health departments, federally sponsored 17 community health centers, teaching hospitals as defined in s. 18 408.07, family practice teaching hospitals as defined in s. 19 395.805, or specialty hospitals for children as used in s. 20 409.9119. An estimate of the annual trust fund dollars shall 21 be made at the beginning of the fiscal year based on historic 22 expenditures from the trust fund. Applicant requests shall be 23 reviewed on a quarterly basis, and applicant awards shall be 24 based on the following priority of employer until all such 25 estimated trust funds are awarded: state-operated medical and 26 health care facilities; public schools; If in any given fiscal 27 quarter there are insufficient funds in the trust fund to 28 grant all eligible applicant requests, awards shall be based 29 on the following priority of employer: county health 30 departments; federally sponsored community health centers; 31 state-operated medical and health care facilities; public 4 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 schools; teaching hospitals as defined in s. 408.07; family 2 practice teaching hospitals as defined in s. 395.805; 3 specialty hospitals for children as used in s. 409.9119; and 4 other hospitals, birth centers, and nursing homes. 5 Section 4. Subsection (24) of section 395.002, Florida 6 Statutes, is amended to read: 7 395.002 Definitions.--As used in this chapter: 8 (24) "Premises" means those buildings, beds, and 9 equipment located at the address of the licensed facility and 10 all other buildings, beds, and equipment for the provision of 11 hospital, ambulatory surgical, or mobile surgical care located 12 in such reasonable proximity to the address of the licensed 13 facility as to appear to the public to be under the dominion 14 and control of the licensee. For any licensee that is a 15 teaching hospital as defined in s. 408.07(44), reasonable 16 proximity includes any buildings, beds, services, programs, 17 and equipment under the dominion and control of the licensee 18 that are located at a site with a main address that is within 19 1 mile of the main address of the licensed facility; and all 20 such buildings, beds, and equipment may, at the request of a 21 licensee or applicant, be included on the facility license as 22 a single premises. 23 Section 5. Subsection (2) of section 395.003, Florida 24 Statutes, is amended to read: 25 395.003 Licensure; issuance, renewal, denial, and 26 revocation.-- 27 (2)(a) Upon the receipt of an application for a 28 license and the license fee, the agency shall issue a license 29 if the applicant and facility have received all approvals 30 required by law and meet the requirements established under 31 this part and in rules. Such license shall include all beds 5 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 and services located on the premises of the facility. 2 (b) A provisional license may be issued to a new 3 facility or a facility that is in substantial compliance with 4 this part and with the rules of the agency. A provisional 5 license shall be granted for a period of no more than 1 year 6 and shall expire automatically at the end of its term. A 7 provisional license may not be renewed. 8 (c) A license, unless sooner suspended or revoked, 9 shall automatically expire 2 years from the date of issuance 10 and shall be renewable biennially upon application for renewal 11 and payment of the fee prescribed by s. 395.004(2), provided 12 the applicant and licensed facility meet the requirements 13 established under this part and in rules. An application for 14 renewal of a license shall be made 90 days prior to expiration 15 of the license, on forms provided by the agency. 16 (d) The agency shall, at the request of a licensee, 17 issue a single license to a licensee for facilities located on 18 separate premises. Such a license shall specifically state 19 the location of the facilities, the services, and the licensed 20 beds available on each separate premises. If a licensee 21 requests a single license, the licensee shall designate which 22 facility or office is responsible for receipt of information, 23 payment of fees, service of process, and all other activities 24 necessary for the agency to carry out the provisions of this 25 part. 26 (e) The agency shall, at the request of a licensee 27 that is a teaching hospital as defined in s. 408.07(44), issue 28 a single license to a licensee for facilities that have been 29 previously licensed as separate premises, provided such 30 separately licensed facilities, taken together, constitute the 31 same premises as defined in s. 395.002(24). Such license for 6 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the single premises shall include all of the beds, services, 2 and programs that were previously included on the licenses for 3 the separate premises. The granting of a single license under 4 this paragraph shall not in any manner reduce the number of 5 beds, services, or programs operated by the licensee. 6 (f)(e) Intensive residential treatment programs for 7 children and adolescents which have received accreditation 8 from the Joint Commission on Accreditation of Healthcare 9 Organizations and which meet the minimum standards developed 10 by rule of the agency for such programs shall be licensed by 11 the agency under this part. 12 Section 6. Subsection (20) of section 400.141, Florida 13 Statutes, is amended to read: 14 400.141 Administration and management of nursing home 15 facilities.--Every licensed facility shall comply with all 16 applicable standards and rules of the agency and shall: 17 (20) Maintain general and professional liability 18 insurance coverage that is in force at all times. 19 Section 7. (1) For the period beginning June 30, 20 2001, and ending June 30, 2005, the Agency for Health Care 21 Administration shall provide a report to the Governor, the 22 President of the Senate, and the Speaker of the House of 23 Representatives with respect to nursing homes. The first 24 report shall be submitted no later than December 30, 2002, and 25 subsequent reports shall be submitted every 6 months 26 thereafter. The report shall identify facilities based on 27 their ownership characteristics, size, business structure, 28 for-profit or not-for-profit status, and any other 29 characteristics the agency determines useful in analyzing the 30 varied segments of the nursing home industry and shall 31 report: 7 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (a) The number of Notices of Intent to litigate 2 received by each facility each month. 3 (b) The number of complaints on behalf of a resident 4 or resident legal representative that were filed with the 5 clerk of the court each month. 6 (c) The month in which the injury which is the basis 7 for the suit occurred or was discovered or, if unavailable, 8 the dates of residency of the resident involved, beginning 9 with the date of initial admission and latest discharge date. 10 (d) Information regarding deficiencies cited, 11 including information used to develop the Nursing Home Guide 12 WATCH LIST pursuant to s. 400.191, Florida Statutes, and 13 applicable rules, a summary of data generated on nursing homes 14 by Centers for Medicare and Medicaid Services Nursing Home 15 Quality Information Project, and information collected 16 pursuant to s. 400.147(9), Florida Statutes, relating to 17 litigation. 18 (2) Facilities subject to part II of chapter 400, 19 Florida Statutes, must submit the information necessary to 20 compile this report each month on existing forms, as modified, 21 provided by the agency. 22 (3) The agency shall delineate the available 23 information on a monthly basis. 24 Section 8. Subsection (9) of section 400.147, Florida 25 Statutes, is amended to read: 26 400.147 Internal risk management and quality assurance 27 program.-- 28 (9) By the 10th of each month, each facility subject 29 to this section shall report monthly any notice received 30 pursuant to s. 400.0233(2) and each initial complaint that was 31 filed with the clerk of the court and served on the facility 8 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 during the previous month by a resident or a resident's family 2 member, guardian, conservator, or personal legal 3 representative liability claim filed against it. The report 4 must include the name of the resident, the resident's date of 5 birth and social security number, the Medicaid identification 6 number for Medicaid-eligible persons, the date or dates of the 7 incident leading to the claim or dates of residency, if 8 applicable, and the type of injury or violation of rights 9 alleged to have occurred. Each facility shall also submit a 10 copy of the notices received pursuant to s. 400.0233(2) and 11 complaints filed with the clerk of the court. This report is 12 confidential as provided by law and is not discoverable or 13 admissible in any civil or administrative action, except in 14 such actions brought by the agency to enforce the provisions 15 of this part. 16 Section 9. In order to expedite the availability of 17 general and professional liability insurance for nursing 18 homes, the Agency for Health Care Administration, subject to 19 appropriations included in the General Appropriation Act, 20 shall advance $6 million for the purpose of capitalizing the 21 risk retention group. The terms of repayment may not extend 22 beyond 3 years from the date of funding. For purposes of this 23 project, notwithstanding the provisions of s. 631.271, Florida 24 Statutes, the agency's claim shall be considered a class 3 25 claim. 26 Section 10. Effective upon becoming a law and 27 applicable to any pending license renewal, paragraph (d) of 28 subsection (5) of section 400.179, Florida Statutes, is 29 amended to read: 30 400.179 Sale or transfer of ownership of a nursing 31 facility; liability for Medicaid underpayments and 9 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 overpayments.-- 2 (5) Because any transfer of a nursing facility may 3 expose the fact that Medicaid may have underpaid or overpaid 4 the transferor, and because in most instances, any such 5 underpayment or overpayment can only be determined following a 6 formal field audit, the liabilities for any such underpayments 7 or overpayments shall be as follows: 8 (d) Where the transfer involves a facility that has 9 been leased by the transferor: 10 1. The transferee shall, as a condition to being 11 issued a license by the agency, acquire, maintain, and provide 12 proof to the agency of a bond with a term of 30 months, 13 renewable annually, in an amount not less than the total of 3 14 months Medicaid payments to the facility computed on the basis 15 of the preceding 12-month average Medicaid payments to the 16 facility. 17 2. A leasehold licensee may meet the requirements of 18 subparagraph 1. by payment of a nonrefundable fee, paid at 19 initial licensure, paid at the time of any subsequent change 20 of ownership, and paid at the time of any subsequent annual 21 license renewal, in the amount of 2 percent of the total of 3 22 months' Medicaid payments to the facility computed on the 23 basis of the preceding 12-month average Medicaid payments to 24 the facility. If a preceding 12-month average is not 25 available, projected Medicaid payments may be used. The fee 26 shall be deposited into the Health Care Trust Fund and shall 27 be accounted for separately as a Medicaid nursing home 28 overpayment account. These fees shall be used at the sole 29 discretion of the agency to repay nursing home Medicaid 30 overpayments. Payment of this fee shall not release the 31 licensee from any liability for any Medicaid overpayments, nor 10 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 shall payment bar the agency from seeking to recoup 2 overpayments from the licensee and any other liable party. As 3 a condition of exercising this lease bond alternative, 4 licensees paying this fee must maintain an existing lease bond 5 through the end of the 30-month term period of that bond. The 6 agency is herein granted specific authority to promulgate all 7 rules pertaining to the administration and management of this 8 account, including withdrawals from the account, subject to 9 federal review and approval. This subparagraph is repealed on 10 June 30, 2003. This provision shall take effect upon becoming 11 law and shall apply to any leasehold license application. 12 a. The financial viability of the Medicaid nursing 13 home overpayment account shall be determined by the agency 14 through annual review of the account balance and the amount of 15 total outstanding, unpaid Medicaid overpayments owing from 16 leasehold licensees to the agency as determined by final 17 agency audits. 18 b. The agency, in consultation with the Florida Health 19 Care Association and the Florida Association of Homes for the 20 Aging, shall study and make recommendations on the minimum 21 amount to be held in reserve to protect against Medicaid 22 overpayments to leasehold licensees and on the issue of 23 successor liability for Medicaid overpayments upon sale or 24 transfer of ownership of a nursing facility. The agency shall 25 submit the findings and recommendations of the study to the 26 Governor, the President of the Senate, and the Speaker of the 27 House of Representatives by January 1, 2003. 28 3.2. The leasehold licensee operator may meet the bond 29 requirement through other arrangements acceptable to the 30 agency Department. The agency is herein granted specific 31 authority to promulgate rules pertaining to lease bond 11 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 arrangements. 2 4.3. All existing nursing facility licensees, 3 operating the facility as a leasehold, shall acquire, 4 maintain, and provide proof to the agency of the 30-month bond 5 required in subparagraph 1., above, on and after July 1, 1993, 6 for each license renewal. 7 5.4. It shall be the responsibility of all nursing 8 facility operators, operating the facility as a leasehold, to 9 renew the 30-month bond and to provide proof of such renewal 10 to the agency annually at the time of application for license 11 renewal. 12 6.5. Any failure of the nursing facility operator to 13 acquire, maintain, renew annually, or provide proof to the 14 agency shall be grounds for the agency to deny, cancel, 15 revoke, or suspend the facility license to operate such 16 facility and to take any further action, including, but not 17 limited to, enjoining the facility, asserting a moratorium, or 18 applying for a receiver, deemed necessary to ensure compliance 19 with this section and to safeguard and protect the health, 20 safety, and welfare of the facility's residents. 21 Section 11. Subsection (8) of section 400.925, Florida 22 Statutes, is amended to read: 23 400.925 Definitions.--As used in this part, the term: 24 (8) "Home medical equipment" includes any product as 25 defined by the Federal Drug Administration's Drugs, Devices 26 and Cosmetics Act, any products reimbursed under the Medicare 27 Part B Durable Medical Equipment benefits, or any products 28 reimbursed under the Florida Medicaid durable medical 29 equipment program. Home medical equipment includes, but is not 30 limited to, oxygen and related respiratory equipment; manual, 31 motorized, or. Home medical equipment includes customized 12 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 wheelchairs and related seating and positioning, but does not 2 include prosthetics or orthotics or any splints, braces, or 3 aids custom fabricated by a licensed health care 4 practitioner;. Home medical equipment includes assistive 5 technology devices, including: manual wheelchairs, motorized 6 wheelchairs, motorized scooters;, voice-synthesized computer 7 modules, optical scanners, talking software, braille printers, 8 environmental control devices for use by person with 9 quadriplegia, motor vehicle adaptive transportation aids, 10 devices that enable persons with severe speech disabilities to 11 in effect speak, personal transfer systems; and specialty 12 beds, including demonstrator, for use by a person with a 13 medical need. 14 Section 12. Section 408.831, Florida Statutes, is 15 created to read: 16 408.831 Denial, suspension, or revocation of a 17 license, registration, certificate, or application.-- 18 (1) In addition to any other remedies provided by law, 19 the agency may deny each application or suspend or revoke each 20 license, registration, or certificate of entities regulated or 21 licensed by it: 22 (a) If the applicant, licensee, registrant, or 23 certificateholder, or, in the case of a corporation, 24 partnership, or other business entity, if any officer, 25 director, agent, or managing employee of that business entity 26 or any affiliated person, partner, or shareholder having an 27 ownership interest equal to 5 percent or greater in that 28 business entity, has failed to pay all outstanding fines, 29 liens, or overpayments assessed by final order of the agency 30 or final order of the Centers for Medicare and Medicaid 31 Services, not subject to further appeal, unless a repayment 13 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 plan is approved by the agency; or 2 (b) For failure to comply with any repayment plan. 3 (2) This section provides standards of enforcement 4 applicable to all entities licensed or regulated by the Agency 5 for Health Care Administration. This section controls over any 6 conflicting provisions of chapters 39, 381, 383, 390, 391, 7 393, 394, 395, 400, 408, 468, 483, and 641 or rules adopted 8 pursuant to those chapters. 9 Section 13. For the purpose of incorporating the 10 amendments made by this act to sections 409.902, 409.907, 11 409.908, and 409.913, Florida Statutes, in references thereto, 12 subsection (4) of section 409.8132, Florida Statutes, is 13 reenacted to read: 14 409.8132 Medikids program component.-- 15 (4) APPLICABILITY OF LAWS RELATING TO MEDICAID.--The 16 provisions of ss. 409.902, 409.905, 409.906, 409.907, 409.908, 17 409.912, 409.9121, 409.9122, 409.9123, 409.9124, 409.9127, 18 409.9128, 409.913, 409.916, 409.919, 409.920, and 409.9205 19 apply to the administration of the Medikids program component 20 of the Florida Kidcare program, except that s. 409.9122 21 applies to Medikids as modified by the provisions of 22 subsection (7). 23 Section 14. Section 409.8177, Florida Statutes, is 24 amended to read: 25 409.8177 Program evaluation.-- 26 (1) The agency, in consultation with the Department of 27 Health, the Department of Children and Family Services, and 28 the Florida Healthy Kids Corporation, shall contract for an 29 evaluation of the Florida Kidcare program and shall by January 30 1 of each year submit to the Governor, the President of the 31 Senate, and the Speaker of the House of Representatives a 14 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 report of the Florida Kidcare program. In addition to the 2 items specified under s. 2108 of Title XXI of the Social 3 Security Act, the report shall include an assessment of 4 crowd-out and access to health care, as well as the following: 5 (a)(1) An assessment of the operation of the program, 6 including the progress made in reducing the number of 7 uncovered low-income children. 8 (b)(2) An assessment of the effectiveness in 9 increasing the number of children with creditable health 10 coverage, including an assessment of the impact of outreach. 11 (c)(3) The characteristics of the children and 12 families assisted under the program, including ages of the 13 children, family income, and access to or coverage by other 14 health insurance prior to the program and after disenrollment 15 from the program. 16 (d)(4) The quality of health coverage provided, 17 including the types of benefits provided. 18 (e)(5) The amount and level, including payment of part 19 or all of any premium, of assistance provided. 20 (f)(6) The average length of coverage of a child under 21 the program. 22 (g)(7) The program's choice of health benefits 23 coverage and other methods used for providing child health 24 assistance. 25 (h)(8) The sources of nonfederal funding used in the 26 program. 27 (i)(9) An assessment of the effectiveness of Medikids, 28 Children's Medical Services network, and other public and 29 private programs in the state in increasing the availability 30 of affordable quality health insurance and health care for 31 children. 15 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (j)(10) A review and assessment of state activities to 2 coordinate the program with other public and private programs. 3 (k)(11) An analysis of changes and trends in the state 4 that affect the provision of health insurance and health care 5 to children. 6 (l)(12) A description of any plans the state has for 7 improving the availability of health insurance and health care 8 for children. 9 (m)(13) Recommendations for improving the program. 10 (n)(14) Other studies as necessary. 11 (2) The agency shall also submit each month to the 12 Governor, the President of the Senate, and the Speaker of the 13 House of Representatives a report of enrollment for each 14 program component of the Florida Kidcare program. 15 Section 15. Section 409.902, Florida Statutes, is 16 amended to read: 17 409.902 Designated single state agency; payment 18 requirements; program title; release of medical records.--The 19 Agency for Health Care Administration is designated as the 20 single state agency authorized to make payments for medical 21 assistance and related services under Title XIX of the Social 22 Security Act. These payments shall be made, subject to any 23 limitations or directions provided for in the General 24 Appropriations Act, only for services included in the program, 25 shall be made only on behalf of eligible individuals, and 26 shall be made only to qualified providers in accordance with 27 federal requirements for Title XIX of the Social Security Act 28 and the provisions of state law. This program of medical 29 assistance is designated the "Medicaid program." The 30 Department of Children and Family Services is responsible for 31 Medicaid eligibility determinations, including, but not 16 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 limited to, policy, rules, and the agreement with the Social 2 Security Administration for Medicaid eligibility 3 determinations for Supplemental Security Income recipients, as 4 well as the actual determination of eligibility. As a 5 condition of Medicaid eligibility, subject to federal 6 approval, the Agency for Health Care Administration and the 7 Department of Children and Family Services shall ensure that 8 each recipient of Medicaid consents to the release of her or 9 his medical records to the Agency for Health Care 10 Administration and the Medicaid Fraud Control Unit of the 11 Department of Legal Affairs. 12 Section 16. Effective July 1, 2002, subsection (2) of 13 section 409.904, Florida Statutes, as amended by section 2 of 14 chapter 2001-377, Laws of Florida, is amended to read: 15 409.904 Optional payments for eligible persons.--The 16 agency may make payments for medical assistance and related 17 services on behalf of the following persons who are determined 18 to be eligible subject to the income, assets, and categorical 19 eligibility tests set forth in federal and state law. Payment 20 on behalf of these Medicaid eligible persons is subject to the 21 availability of moneys and any limitations established by the 22 General Appropriations Act or chapter 216. 23 (2)(a) A caretaker relative or parent, a pregnant 24 woman, a child under age 19 who would otherwise qualify for 25 Florida Kidcare Medicaid, a child up to age 21 who would 26 otherwise qualify under s. 409.903(1), a person age 65 or 27 over, or a blind or disabled person, who would otherwise be 28 eligible for Florida Medicaid, except that the income or 29 assets of such family or person exceed established 30 limitations. A pregnant woman who would otherwise qualify for 31 Medicaid under s. 409.903(5) except for her level of income 17 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 and whose assets fall within the limits established by the 2 Department of Children and Family Services for the medically 3 needy. A pregnant woman who applies for medically needy 4 eligibility may not be made presumptively eligible. 5 (b) A child under age 21 who would otherwise qualify 6 for Medicaid or the Florida Kidcare program except for the 7 family's level of income and whose assets fall within the 8 limits established by the Department of Children and Family 9 Services for the medically needy. 10 11 For a family or person in one of these coverage groups this 12 group, medical expenses are deductible from income in 13 accordance with federal requirements in order to make a 14 determination of eligibility. Expenses used to meet spend-down 15 liability are not reimbursable by Medicaid. Effective May 1, 16 2003, when determining the eligibility of a pregnant woman, a 17 child, or an aged, blind, or disabled individual, $270 shall 18 be deducted from the countable income of the filing unit. When 19 determining the eligibility of the parent or caretaker 20 relative as defined by Title XIX of the Social Security Act, 21 the additional income disregard of $270 does not apply. A 22 family or person eligible under the coverage in this group, 23 which group is known as the "medically needy," is eligible to 24 receive the same services as other Medicaid recipients, with 25 the exception of services in skilled nursing facilities and 26 intermediate care facilities for the developmentally disabled. 27 Section 17. Subsection (10) of section 409.904, 28 Florida Statutes, is amended to read: 29 409.904 Optional payments for eligible persons.--The 30 agency may make payments for medical assistance and related 31 services on behalf of the following persons who are determined 18 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 to be eligible subject to the income, assets, and categorical 2 eligibility tests set forth in federal and state law. Payment 3 on behalf of these Medicaid eligible persons is subject to the 4 availability of moneys and any limitations established by the 5 General Appropriations Act or chapter 216. 6 (10)(a) Eligible women with incomes at or below 200 7 percent of the federal poverty level and under age 65, for 8 cancer treatment pursuant to the federal Breast and Cervical 9 Cancer Prevention and Treatment Act of 2000, screened through 10 the Mary Brogan National Breast and Cervical Cancer Early 11 Detection Program established under s. 381.93. 12 (b) A woman who has not attained 65 years of age and 13 who has been screened for breast or cervical cancer by a 14 qualified entity under the Mary Brogan Breast and Cervical 15 Cancer Early Detection Program of the Department of Health and 16 needs treatment for breast or cervical cancer and is not 17 otherwise covered under creditable coverage, as defined in s. 18 2701(c) of the Public Health Service Act. For purposes of this 19 subsection, the term "qualified entity" means a county public 20 health department or other entity that has contracted with the 21 Department of Health to provide breast and cervical cancer 22 screening services paid for under this act. In determining the 23 eligibility of such a woman, an assets test is not required. A 24 presumptive eligibility period begins on the date on which all 25 eligibility criteria appear to be met and ends on the date 26 determination is made with respect to the eligibility of such 27 woman for services under the state plan or, in the case of 28 such a woman who does not file an application, by the last day 29 of the month following the month in which the presumptive 30 eligibility determination is made. A woman is eligible until 31 she gains creditable coverage, until treatment is no longer 19 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 necessary, or until attainment of 65 years of age. 2 Section 18. Paragraph (c) of subsection (5) of section 3 409.905, Florida Statutes, is amended to read: 4 409.905 Mandatory Medicaid services.--The agency may 5 make payments for the following services, which are required 6 of the state by Title XIX of the Social Security Act, 7 furnished by Medicaid providers to recipients who are 8 determined to be eligible on the dates on which the services 9 were provided. Any service under this section shall be 10 provided only when medically necessary and in accordance with 11 state and federal law. Mandatory services rendered by 12 providers in mobile units to Medicaid recipients may be 13 restricted by the agency. Nothing in this section shall be 14 construed to prevent or limit the agency from adjusting fees, 15 reimbursement rates, lengths of stay, number of visits, number 16 of services, or any other adjustments necessary to comply with 17 the availability of moneys and any limitations or directions 18 provided for in the General Appropriations Act or chapter 216. 19 (5) HOSPITAL INPATIENT SERVICES.--The agency shall pay 20 for all covered services provided for the medical care and 21 treatment of a recipient who is admitted as an inpatient by a 22 licensed physician or dentist to a hospital licensed under 23 part I of chapter 395. However, the agency shall limit the 24 payment for inpatient hospital services for a Medicaid 25 recipient 21 years of age or older to 45 days or the number of 26 days necessary to comply with the General Appropriations Act. 27 (c) Agency for Health Care Administration shall adjust 28 a hospital's current inpatient per diem rate to reflect the 29 cost of serving the Medicaid population at that institution 30 if: 31 1. The hospital experiences an increase in Medicaid 20 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 caseload by more than 25 percent in any year, primarily 2 resulting from the closure of a hospital in the same service 3 area occurring after July 1, 1995; or 4 2. The hospital's Medicaid per diem rate is at least 5 25 percent below the Medicaid per patient cost for that year; 6 or. 7 3. The hospital is located in a county that has five 8 or fewer hospitals, began offering obstetrical services on or 9 after September 1999, and has submitted a request in writing 10 to the agency for a rate adjustment after July 1, 2000, but 11 before September 30, 2000, in which case such hospital's 12 Medicaid inpatient per diem rate shall be adjusted to cost, 13 effective July 1, 2002. 14 15 No later than October 1 of each year November 1, 2001, the 16 agency must provide estimated costs for any adjustment in a 17 hospital inpatient per diem pursuant to this paragraph to the 18 Executive Office of the Governor, the House of Representatives 19 General Appropriations Committee, and the Senate 20 Appropriations Committee. Before the agency implements a 21 change in a hospital's inpatient per diem rate pursuant to 22 this paragraph, the Legislature must have specifically 23 appropriated sufficient funds in the General Appropriations 24 Act to support the increase in cost as estimated by the 25 agency. 26 Section 19. Effective July 1, 2002, subsections (1), 27 (12), and (23) of section 409.906, Florida Statutes, as 28 amended by section 3 of chapter 2001-377, Laws of Florida, are 29 amended to read: 30 409.906 Optional Medicaid services.--Subject to 31 specific appropriations, the agency may make payments for 21 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 services which are optional to the state under Title XIX of 2 the Social Security Act and are furnished by Medicaid 3 providers to recipients who are determined to be eligible on 4 the dates on which the services were provided. Any optional 5 service that is provided shall be provided only when medically 6 necessary and in accordance with state and federal law. 7 Optional services rendered by providers in mobile units to 8 Medicaid recipients may be restricted or prohibited by the 9 agency. Nothing in this section shall be construed to prevent 10 or limit the agency from adjusting fees, reimbursement rates, 11 lengths of stay, number of visits, or number of services, or 12 making any other adjustments necessary to comply with the 13 availability of moneys and any limitations or directions 14 provided for in the General Appropriations Act or chapter 216. 15 If necessary to safeguard the state's systems of providing 16 services to elderly and disabled persons and subject to the 17 notice and review provisions of s. 216.177, the Governor may 18 direct the Agency for Health Care Administration to amend the 19 Medicaid state plan to delete the optional Medicaid service 20 known as "Intermediate Care Facilities for the Developmentally 21 Disabled." Optional services may include: 22 (1) ADULT DENTAL DENTURE SERVICES.--The agency may pay 23 for medically necessary, emergency dental procedures to 24 alleviate pain or infection. Emergency dental care shall be 25 limited to emergency oral examinations, necessary radiographs, 26 extractions, and incision and drainage of abscess dentures, 27 the procedures required to seat dentures, and the repair and 28 reline of dentures, provided by or under the direction of a 29 licensed dentist, for a recipient who is age 21 or older. 30 However, Medicaid will not provide reimbursement for dental 31 services provided in a mobile dental unit, except for a mobile 22 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 dental unit: 2 (a) Owned by, operated by, or having a contractual 3 agreement with the Department of Health and complying with 4 Medicaid's county health department clinic services program 5 specifications as a county health department clinic services 6 provider. 7 (b) Owned by, operated by, or having a contractual 8 arrangement with a federally qualified health center and 9 complying with Medicaid's federally qualified health center 10 specifications as a federally qualified health center 11 provider. 12 (c) Rendering dental services to Medicaid recipients, 13 21 years of age and older, at nursing facilities. 14 (d) Owned by, operated by, or having a contractual 15 agreement with a state-approved dental educational 16 institution. 17 (e) This subsection is repealed July 1, 2002. 18 (12) CHILDREN'S HEARING SERVICES.--The agency may pay 19 for hearing and related services, including hearing 20 evaluations, hearing aid devices, dispensing of the hearing 21 aid, and related repairs, if provided to a recipient under age 22 21 by a licensed hearing aid specialist, otolaryngologist, 23 otologist, audiologist, or physician. 24 (23) CHILDREN'S VISUAL SERVICES.--The agency may pay 25 for visual examinations, eyeglasses, and eyeglass repairs for 26 a recipient under age 21, if they are prescribed by a licensed 27 physician specializing in diseases of the eye or by a licensed 28 optometrist. 29 Section 20. Subsections (1) and (2) of section 30 409.9065, Florida Statutes, as amended by section 5 of chapter 31 2001-377, Laws of Florida, are amended to read: 23 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 409.9065 Pharmaceutical expense assistance.-- 2 (1) PROGRAM ESTABLISHED.--There is established a 3 program to provide pharmaceutical expense assistance to 4 certain low-income elderly individuals, which shall be known 5 as the "Ron Silver Senior Drug Program." 6 (2) ELIGIBILITY.--Eligibility for the program is 7 limited to those individuals who qualify for limited 8 assistance under the Florida Medicaid program as a result of 9 being dually eligible for both Medicare and Medicaid, but 10 whose limited assistance or Medicare coverage does not include 11 any pharmacy benefit. To the extent funds are appropriated, 12 specifically eligible individuals are individuals low-income 13 senior citizens who: 14 (a) Are Florida residents age 65 and over; 15 (b) Have an income: 16 1. Between 88 90 and 120 percent of the federal 17 poverty level; 18 2. Between 88 and 150 percent of the federal poverty 19 level if the Federal Government increases the federal Medicaid 20 match for persons between 100 and 150 percent of the federal 21 poverty level; or 22 3. Between 88 percent of the federal poverty level and 23 a level that can be supported with funds provided in the 24 General Appropriations Act for the program offered under this 25 section along with federal matching funds approved by the 26 Federal Government under a s. 1115 waiver. The agency is 27 authorized to submit and implement a federal waiver pursuant 28 to this subparagraph. The agency shall design a pharmacy 29 benefit that includes annual per-member benefit limits and 30 cost-sharing provisions and limits enrollment to available 31 appropriations and matching federal funds. Prior to 24 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 implementing this program, the agency must submit a budget 2 amendment pursuant to chapter 216; 3 (c) Are eligible for both Medicare and Medicaid; 4 (d) Are not enrolled in a Medicare health maintenance 5 organization that provides a pharmacy benefit; and 6 (e) Request to be enrolled in the program. 7 Section 21. Subsections (7) and (9) of section 8 409.907, Florida Statutes, as amended by section 6 of chapter 9 2001-377, Laws of Florida, are amended to read: 10 409.907 Medicaid provider agreements.--The agency may 11 make payments for medical assistance and related services 12 rendered to Medicaid recipients only to an individual or 13 entity who has a provider agreement in effect with the agency, 14 who is performing services or supplying goods in accordance 15 with federal, state, and local law, and who agrees that no 16 person shall, on the grounds of handicap, race, color, or 17 national origin, or for any other reason, be subjected to 18 discrimination under any program or activity for which the 19 provider receives payment from the agency. 20 (7) The agency may require, as a condition of 21 participating in the Medicaid program and before entering into 22 the provider agreement, that the provider submit information, 23 in an initial and any required renewal applications, 24 concerning the professional, business, and personal background 25 of the provider and permit an onsite inspection of the 26 provider's service location by agency staff or other personnel 27 designated by the agency to perform this function. The agency 28 shall perform a random onsite inspection, within 60 days after 29 receipt of a fully complete new provider's application, of the 30 provider's service location prior to making its first payment 31 to the provider for Medicaid services to determine the 25 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 applicant's ability to provide the services that the applicant 2 is proposing to provide for Medicaid reimbursement. The agency 3 is not required to perform an onsite inspection of a provider 4 or program that is licensed by the agency, that provides 5 services under waiver programs for home and community-based 6 services, or that is licensed as a medical foster home by the 7 Department of Children and Family Services. As a continuing 8 condition of participation in the Medicaid program, a provider 9 shall immediately notify the agency of any current or pending 10 bankruptcy filing. Before entering into the provider 11 agreement, or as a condition of continuing participation in 12 the Medicaid program, the agency may also require that 13 Medicaid providers reimbursed on a fee-for-services basis or 14 fee schedule basis which is not cost-based, post a surety bond 15 not to exceed $50,000 or the total amount billed by the 16 provider to the program during the current or most recent 17 calendar year, whichever is greater. For new providers, the 18 amount of the surety bond shall be determined by the agency 19 based on the provider's estimate of its first year's billing. 20 If the provider's billing during the first year exceeds the 21 bond amount, the agency may require the provider to acquire an 22 additional bond equal to the actual billing level of the 23 provider. A provider's bond shall not exceed $50,000 if a 24 physician or group of physicians licensed under chapter 458, 25 chapter 459, or chapter 460 has a 50 percent or greater 26 ownership interest in the provider or if the provider is an 27 assisted living facility licensed under part III of chapter 28 400. The bonds permitted by this section are in addition to 29 the bonds referenced in s. 400.179(4)(d). If the provider is a 30 corporation, partnership, association, or other entity, the 31 agency may require the provider to submit information 26 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 concerning the background of that entity and of any principal 2 of the entity, including any partner or shareholder having an 3 ownership interest in the entity equal to 5 percent or 4 greater, and any treating provider who participates in or 5 intends to participate in Medicaid through the entity. The 6 information must include: 7 (a) Proof of holding a valid license or operating 8 certificate, as applicable, if required by the state or local 9 jurisdiction in which the provider is located or if required 10 by the Federal Government. 11 (b) Information concerning any prior violation, fine, 12 suspension, termination, or other administrative action taken 13 under the Medicaid laws, rules, or regulations of this state 14 or of any other state or the Federal Government; any prior 15 violation of the laws, rules, or regulations relating to the 16 Medicare program; any prior violation of the rules or 17 regulations of any other public or private insurer; and any 18 prior violation of the laws, rules, or regulations of any 19 regulatory body of this or any other state. 20 (c) Full and accurate disclosure of any financial or 21 ownership interest that the provider, or any principal, 22 partner, or major shareholder thereof, may hold in any other 23 Medicaid provider or health care related entity or any other 24 entity that is licensed by the state to provide health or 25 residential care and treatment to persons. 26 (d) If a group provider, identification of all members 27 of the group and attestation that all members of the group are 28 enrolled in or have applied to enroll in the Medicaid program. 29 (9) Upon receipt of a completed, signed, and dated 30 application, and completion of any necessary background 31 investigation and criminal history record check, the agency 27 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 must either: 2 (a) Enroll the applicant as a Medicaid provider no 3 earlier than the effective date of the approval of the 4 provider application. With respect to providers who were 5 recently granted a change of ownership and those who primarily 6 provide emergency medical services transportation or emergency 7 services and care pursuant to s. 401.45 or s. 395.1041, and 8 out-of-state providers, upon approval of the provider 9 application, the effective date of approval is considered to 10 be the date the agency receives the provider application; or 11 (b) Deny the application if the agency finds that it 12 is in the best interest of the Medicaid program to do so. The 13 agency may consider the factors listed in subsection (10), as 14 well as any other factor that could affect the effective and 15 efficient administration of the program, including, but not 16 limited to, the applicant's demonstrated ability to provide 17 services, conduct business, and operate a financially viable 18 concern; the current availability of medical care, services, 19 or supplies to recipients, taking into account geographic 20 location and reasonable travel time; the number of providers 21 of the same type already enrolled in the same geographic area; 22 and the credentials, experience, success, and patient outcomes 23 of the provider for the services that it is making application 24 to provide in the Medicaid program. The agency shall deny the 25 application if the agency finds that a provider; any officer, 26 director, agent, managing employee, or affiliated person; or 27 any partner or shareholder having an ownership interest equal 28 to 5 percent or greater in the provider if the provider is a 29 corporation, partnership, or other business entity, has failed 30 to pay all outstanding fines or overpayments assessed by final 31 order of the agency or final order of the Centers for Medicare 28 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 and Medicaid Services, not subject to further appeal, unless 2 the provider agrees to a repayment plan that includes 3 withholding Medicaid reimbursement until the amount due is 4 paid in full. 5 Section 22. Section 409.908, Florida Statutes, as 6 amended by section 7 of chapter 2001-377, Laws of Florida, is 7 amended to read: 8 409.908 Reimbursement of Medicaid providers.--Subject 9 to specific appropriations, the agency shall reimburse 10 Medicaid providers, in accordance with state and federal law, 11 according to methodologies set forth in the rules of the 12 agency and in policy manuals and handbooks incorporated by 13 reference therein. These methodologies may include fee 14 schedules, reimbursement methods based on cost reporting, 15 negotiated fees, competitive bidding pursuant to s. 287.057, 16 and other mechanisms the agency considers efficient and 17 effective for purchasing services or goods on behalf of 18 recipients. If a provider is reimbursed based on cost 19 reporting and submits a cost report late and that cost report 20 would have been used to set a lower reimbursement rate for a 21 rate semester, then the provider's rate for that semester 22 shall be retroactively calculated using the new cost report, 23 and full payment at the recalculated rate shall be affected 24 retroactively. Medicare-granted extensions for filing cost 25 reports, if applicable, shall also apply to Medicaid cost 26 reports. Payment for Medicaid compensable services made on 27 behalf of Medicaid eligible persons is subject to the 28 availability of moneys and any limitations or directions 29 provided for in the General Appropriations Act or chapter 216. 30 Further, nothing in this section shall be construed to prevent 31 or limit the agency from adjusting fees, reimbursement rates, 29 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 lengths of stay, number of visits, or number of services, or 2 making any other adjustments necessary to comply with the 3 availability of moneys and any limitations or directions 4 provided for in the General Appropriations Act, provided the 5 adjustment is consistent with legislative intent. 6 (1) Reimbursement to hospitals licensed under part I 7 of chapter 395 must be made prospectively or on the basis of 8 negotiation. 9 (a) Reimbursement for inpatient care is limited as 10 provided for in s. 409.905(5), except for: 11 1. The raising of rate reimbursement caps, excluding 12 rural hospitals. 13 2. Recognition of the costs of graduate medical 14 education. 15 3. Other methodologies recognized in the General 16 Appropriations Act. 17 4. Hospital inpatient rates shall be reduced by 6 18 percent effective July 1, 2001, and restored effective April 19 1, 2002. 20 21 During the years funds are transferred from the Department of 22 Health, any reimbursement supported by such funds shall be 23 subject to certification by the Department of Health that the 24 hospital has complied with s. 381.0403. The agency is 25 authorized to receive funds from state entities, including, 26 but not limited to, the Department of Health, local 27 governments, and other local political subdivisions, for the 28 purpose of making special exception payments, including 29 federal matching funds, through the Medicaid inpatient 30 reimbursement methodologies. Funds received from state 31 entities or local governments for this purpose shall be 30 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 separately accounted for and shall not be commingled with 2 other state or local funds in any manner. The agency may 3 certify all local governmental funds used as state match under 4 Title XIX of the Social Security Act, to the extent that the 5 identified local health care provider that is otherwise 6 entitled to and is contracted to receive such local funds is 7 the benefactor under the state's Medicaid program as 8 determined under the General Appropriations Act and pursuant 9 to an agreement between the Agency for Health Care 10 Administration and the local governmental entity. The local 11 governmental entity shall use a certification form prescribed 12 by the agency. At a minimum, the certification form shall 13 identify the amount being certified and describe the 14 relationship between the certifying local governmental entity 15 and the local health care provider. The agency shall prepare 16 an annual statement of impact which documents the specific 17 activities undertaken during the previous fiscal year pursuant 18 to this paragraph, to be submitted to the Legislature no later 19 than January 1, annually. 20 (b) Reimbursement for hospital outpatient care is 21 limited to $1,500 per state fiscal year per recipient, except 22 for: 23 1. Such care provided to a Medicaid recipient under 24 age 21, in which case the only limitation is medical 25 necessity. 26 2. Renal dialysis services. 27 3. Other exceptions made by the agency. 28 29 The agency is authorized to receive funds from state entities, 30 including, but not limited to, the Department of Health, the 31 Board of Regents, local governments, and other local political 31 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 subdivisions, for the purpose of making payments, including 2 federal matching funds, through the Medicaid outpatient 3 reimbursement methodologies. Funds received from state 4 entities and local governments for this purpose shall be 5 separately accounted for and shall not be commingled with 6 other state or local funds in any manner. 7 (c) Hospitals that provide services to a 8 disproportionate share of low-income Medicaid recipients, or 9 that participate in the regional perinatal intensive care 10 center program under chapter 383, or that participate in the 11 statutory teaching hospital disproportionate share program may 12 receive additional reimbursement. The total amount of payment 13 for disproportionate share hospitals shall be fixed by the 14 General Appropriations Act. The computation of these payments 15 must be made in compliance with all federal regulations and 16 the methodologies described in ss. 409.911, 409.9112, and 17 409.9113. 18 (d) The agency is authorized to limit inflationary 19 increases for outpatient hospital services as directed by the 20 General Appropriations Act. 21 (2)(a)1. Reimbursement to nursing homes licensed under 22 part II of chapter 400 and state-owned-and-operated 23 intermediate care facilities for the developmentally disabled 24 licensed under chapter 393 must be made prospectively. 25 2. Unless otherwise limited or directed in the General 26 Appropriations Act, reimbursement to hospitals licensed under 27 part I of chapter 395 for the provision of swing-bed nursing 28 home services must be made on the basis of the average 29 statewide nursing home payment, and reimbursement to a 30 hospital licensed under part I of chapter 395 for the 31 provision of skilled nursing services must be made on the 32 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 basis of the average nursing home payment for those services 2 in the county in which the hospital is located. When a 3 hospital is located in a county that does not have any 4 community nursing homes, reimbursement must be determined by 5 averaging the nursing home payments, in counties that surround 6 the county in which the hospital is located. Reimbursement to 7 hospitals, including Medicaid payment of Medicare copayments, 8 for skilled nursing services shall be limited to 30 days, 9 unless a prior authorization has been obtained from the 10 agency. Medicaid reimbursement may be extended by the agency 11 beyond 30 days, and approval must be based upon verification 12 by the patient's physician that the patient requires 13 short-term rehabilitative and recuperative services only, in 14 which case an extension of no more than 15 days may be 15 approved. Reimbursement to a hospital licensed under part I of 16 chapter 395 for the temporary provision of skilled nursing 17 services to nursing home residents who have been displaced as 18 the result of a natural disaster or other emergency may not 19 exceed the average county nursing home payment for those 20 services in the county in which the hospital is located and is 21 limited to the period of time which the agency considers 22 necessary for continued placement of the nursing home 23 residents in the hospital. 24 (b) Subject to any limitations or directions provided 25 for in the General Appropriations Act, the agency shall 26 establish and implement a Florida Title XIX Long-Term Care 27 Reimbursement Plan (Medicaid) for nursing home care in order 28 to provide care and services in conformance with the 29 applicable state and federal laws, rules, regulations, and 30 quality and safety standards and to ensure that individuals 31 eligible for medical assistance have reasonable geographic 33 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 access to such care. 2 1. Changes of ownership or of licensed operator do not 3 qualify for increases in reimbursement rates associated with 4 the change of ownership or of licensed operator. The agency 5 shall amend the Title XIX Long Term Care Reimbursement Plan to 6 provide that the initial nursing home reimbursement rates, for 7 the operating, patient care, and MAR components, associated 8 with related and unrelated party changes of ownership or 9 licensed operator filed on or after September 1, 2001, are 10 equivalent to the previous owner's reimbursement rate. 11 2. The agency shall amend the long-term care 12 reimbursement plan and cost reporting system to create direct 13 care and indirect care subcomponents of the patient care 14 component of the per diem rate. These two subcomponents 15 together shall equal the patient care component of the per 16 diem rate. Separate cost-based ceilings shall be calculated 17 for each patient care subcomponent. The direct care 18 subcomponent of the per diem rate shall be limited by the 19 cost-based class ceiling, and the indirect care subcomponent 20 shall be limited by the lower of the cost-based class ceiling, 21 by the target rate class ceiling, or by the individual 22 provider target. The agency shall adjust the patient care 23 component effective January 1, 2002. The cost to adjust the 24 direct care subcomponent shall be net of the total funds 25 previously allocated for the case mix add-on. The agency shall 26 make the required changes to the nursing home cost reporting 27 forms to implement this requirement effective January 1, 2002. 28 3. The direct care subcomponent shall include salaries 29 and benefits of direct care staff providing nursing services 30 including registered nurses, licensed practical nurses, and 31 certified nursing assistants who deliver care directly to 34 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 residents in the nursing home facility. This excludes nursing 2 administration, MDS, and care plan coordinators, staff 3 development, and staffing coordinator. 4 4. All other patient care costs shall be included in 5 the indirect care cost subcomponent of the patient care per 6 diem rate. There shall be no costs directly or indirectly 7 allocated to the direct care subcomponent from a home office 8 or management company. 9 5. On July 1 of each year, the agency shall report to 10 the Legislature direct and indirect care costs, including 11 average direct and indirect care costs per resident per 12 facility and direct care and indirect care salaries and 13 benefits per category of staff member per facility. 14 6. In order to offset the cost of general and 15 professional liability insurance, the agency shall amend Under 16 the plan to allow for, interim rate adjustments shall not be 17 granted to reflect increases in the cost of general or 18 professional liability insurance for nursing homes unless the 19 following criteria are met: have at least a 65 percent 20 Medicaid utilization in the most recent cost report submitted 21 to the agency, and the increase in general or professional 22 liability costs to the facility for the most recent policy 23 period affects the total Medicaid per diem by at least 5 24 percent. This rate adjustment shall not result in the per diem 25 exceeding the class ceiling. This provision shall be 26 implemented to the extent existing appropriations are 27 available. 28 29 It is the intent of the Legislature that the reimbursement 30 plan achieve the goal of providing access to health care for 31 nursing home residents who require large amounts of care while 35 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 encouraging diversion services as an alternative to nursing 2 home care for residents who can be served within the 3 community. The agency shall base the establishment of any 4 maximum rate of payment, whether overall or component, on the 5 available moneys as provided for in the General Appropriations 6 Act. The agency may base the maximum rate of payment on the 7 results of scientifically valid analysis and conclusions 8 derived from objective statistical data pertinent to the 9 particular maximum rate of payment. 10 (3) Subject to any limitations or directions provided 11 for in the General Appropriations Act, the following Medicaid 12 services and goods may be reimbursed on a fee-for-service 13 basis. For each allowable service or goods furnished in 14 accordance with Medicaid rules, policy manuals, handbooks, and 15 state and federal law, the payment shall be the amount billed 16 by the provider, the provider's usual and customary charge, or 17 the maximum allowable fee established by the agency, whichever 18 amount is less, with the exception of those services or goods 19 for which the agency makes payment using a methodology based 20 on capitation rates, average costs, or negotiated fees. 21 (a) Advanced registered nurse practitioner services. 22 (b) Birth center services. 23 (c) Chiropractic services. 24 (d) Community mental health services. 25 (e) Dental services, including oral and maxillofacial 26 surgery. 27 (f) Durable medical equipment. 28 (g) Hearing services. 29 (h) Occupational therapy for Medicaid recipients under 30 age 21. 31 (i) Optometric services. 36 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (j) Orthodontic services. 2 (k) Personal care for Medicaid recipients under age 3 21. 4 (l) Physical therapy for Medicaid recipients under age 5 21. 6 (m) Physician assistant services. 7 (n) Podiatric services. 8 (o) Portable X-ray services. 9 (p) Private-duty nursing for Medicaid recipients under 10 age 21. 11 (q) Registered nurse first assistant services. 12 (r) Respiratory therapy for Medicaid recipients under 13 age 21. 14 (s) Speech therapy for Medicaid recipients under age 15 21. 16 (t) Visual services. 17 (4) Subject to any limitations or directions provided 18 for in the General Appropriations Act, alternative health 19 plans, health maintenance organizations, and prepaid health 20 plans shall be reimbursed a fixed, prepaid amount negotiated, 21 or competitively bid pursuant to s. 287.057, by the agency and 22 prospectively paid to the provider monthly for each Medicaid 23 recipient enrolled. The amount may not exceed the average 24 amount the agency determines it would have paid, based on 25 claims experience, for recipients in the same or similar 26 category of eligibility. The agency shall calculate 27 capitation rates on a regional basis and, beginning September 28 1, 1995, shall include age-band differentials in such 29 calculations. Effective July 1, 2001, the cost of exempting 30 statutory teaching hospitals, specialty hospitals, and 31 community hospital education program hospitals from 37 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 reimbursement ceilings and the cost of special Medicaid 2 payments shall not be included in premiums paid to health 3 maintenance organizations or prepaid health care plans. Each 4 rate semester, the agency shall calculate and publish a 5 Medicaid hospital rate schedule that does not reflect either 6 special Medicaid payments or the elimination of rate 7 reimbursement ceilings, to be used by hospitals and Medicaid 8 health maintenance organizations, in order to determine the 9 Medicaid rate referred to in ss. 409.912(16), 409.9128(5), and 10 641.513(6). 11 (5) An ambulatory surgical center shall be reimbursed 12 the lesser of the amount billed by the provider or the 13 Medicare-established allowable amount for the facility. 14 (6) A provider of early and periodic screening, 15 diagnosis, and treatment services to Medicaid recipients who 16 are children under age 21 shall be reimbursed using an 17 all-inclusive rate stipulated in a fee schedule established by 18 the agency. A provider of the visual, dental, and hearing 19 components of such services shall be reimbursed the lesser of 20 the amount billed by the provider or the Medicaid maximum 21 allowable fee established by the agency. 22 (7) A provider of family planning services shall be 23 reimbursed the lesser of the amount billed by the provider or 24 an all-inclusive amount per type of visit for physicians and 25 advanced registered nurse practitioners, as established by the 26 agency in a fee schedule. 27 (8) A provider of home-based or community-based 28 services rendered pursuant to a federally approved waiver 29 shall be reimbursed based on an established or negotiated rate 30 for each service. These rates shall be established according 31 to an analysis of the expenditure history and prospective 38 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 budget developed by each contract provider participating in 2 the waiver program, or under any other methodology adopted by 3 the agency and approved by the Federal Government in 4 accordance with the waiver. Effective July 1, 1996, privately 5 owned and operated community-based residential facilities 6 which meet agency requirements and which formerly received 7 Medicaid reimbursement for the optional intermediate care 8 facility for the mentally retarded service may participate in 9 the developmental services waiver as part of a 10 home-and-community-based continuum of care for Medicaid 11 recipients who receive waiver services. 12 (9) A provider of home health care services or of 13 medical supplies and appliances shall be reimbursed on the 14 basis of competitive bidding or for the lesser of the amount 15 billed by the provider or the agency's established maximum 16 allowable amount, except that, in the case of the rental of 17 durable medical equipment, the total rental payments may not 18 exceed the purchase price of the equipment over its expected 19 useful life or the agency's established maximum allowable 20 amount, whichever amount is less. 21 (10) A hospice shall be reimbursed through a 22 prospective system for each Medicaid hospice patient at 23 Medicaid rates using the methodology established for hospice 24 reimbursement pursuant to Title XVIII of the federal Social 25 Security Act. 26 (11) A provider of independent laboratory services 27 shall be reimbursed on the basis of competitive bidding or for 28 the least of the amount billed by the provider, the provider's 29 usual and customary charge, or the Medicaid maximum allowable 30 fee established by the agency. 31 (12)(a) A physician shall be reimbursed the lesser of 39 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the amount billed by the provider or the Medicaid maximum 2 allowable fee established by the agency. 3 (b) The agency shall adopt a fee schedule, subject to 4 any limitations or directions provided for in the General 5 Appropriations Act, based on a resource-based relative value 6 scale for pricing Medicaid physician services. Under this fee 7 schedule, physicians shall be paid a dollar amount for each 8 service based on the average resources required to provide the 9 service, including, but not limited to, estimates of average 10 physician time and effort, practice expense, and the costs of 11 professional liability insurance. The fee schedule shall 12 provide increased reimbursement for preventive and primary 13 care services and lowered reimbursement for specialty services 14 by using at least two conversion factors, one for cognitive 15 services and another for procedural services. The fee 16 schedule shall not increase total Medicaid physician 17 expenditures unless moneys are available, and shall be phased 18 in over a 2-year period beginning on July 1, 1994. The Agency 19 for Health Care Administration shall seek the advice of a 20 16-member advisory panel in formulating and adopting the fee 21 schedule. The panel shall consist of Medicaid physicians 22 licensed under chapters 458 and 459 and shall be composed of 23 50 percent primary care physicians and 50 percent specialty 24 care physicians. 25 (c) Notwithstanding paragraph (b), reimbursement fees 26 to physicians for providing total obstetrical services to 27 Medicaid recipients, which include prenatal, delivery, and 28 postpartum care, shall be at least $1,500 per delivery for a 29 pregnant woman with low medical risk and at least $2,000 per 30 delivery for a pregnant woman with high medical risk. However, 31 reimbursement to physicians working in Regional Perinatal 40 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Intensive Care Centers designated pursuant to chapter 383, for 2 services to certain pregnant Medicaid recipients with a high 3 medical risk, may be made according to obstetrical care and 4 neonatal care groupings and rates established by the agency. 5 Nurse midwives licensed under part I of chapter 464 or 6 midwives licensed under chapter 467 shall be reimbursed at no 7 less than 80 percent of the low medical risk fee. The agency 8 shall by rule determine, for the purpose of this paragraph, 9 what constitutes a high or low medical risk pregnant woman and 10 shall not pay more based solely on the fact that a caesarean 11 section was performed, rather than a vaginal delivery. The 12 agency shall by rule determine a prorated payment for 13 obstetrical services in cases where only part of the total 14 prenatal, delivery, or postpartum care was performed. The 15 Department of Health shall adopt rules for appropriate 16 insurance coverage for midwives licensed under chapter 467. 17 Prior to the issuance and renewal of an active license, or 18 reactivation of an inactive license for midwives licensed 19 under chapter 467, such licensees shall submit proof of 20 coverage with each application. 21 (d) For fiscal years 2001-2002 and 2002-2003 the 22 2001-2002 fiscal year only and if necessary to meet the 23 requirements for grants and donations for the special Medicaid 24 payments authorized in the 2001-2002 and 2002-2003 General 25 Appropriations Acts Act, the agency may make special Medicaid 26 payments to qualified Medicaid providers designated by the 27 agency, notwithstanding any provision of this subsection to 28 the contrary, and may use intergovernmental transfers from 29 state entities or other governmental entities to serve as the 30 state share of such payments. 31 (13) Medicare premiums for persons eligible for both 41 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Medicare and Medicaid coverage shall be paid at the rates 2 established by Title XVIII of the Social Security Act. For 3 Medicare services rendered to Medicaid-eligible persons, 4 Medicaid shall pay Medicare deductibles and coinsurance as 5 follows: 6 (a) Medicaid shall make no payment toward deductibles 7 and coinsurance for any service that is not covered by 8 Medicaid. 9 (b) Medicaid's financial obligation for deductibles 10 and coinsurance payments shall be based on Medicare allowable 11 fees, not on a provider's billed charges. 12 (c) Medicaid will pay no portion of Medicare 13 deductibles and coinsurance when payment that Medicare has 14 made for the service equals or exceeds what Medicaid would 15 have paid if it had been the sole payor. The combined payment 16 of Medicare and Medicaid shall not exceed the amount Medicaid 17 would have paid had it been the sole payor. The Legislature 18 finds that there has been confusion regarding the 19 reimbursement for services rendered to dually eligible 20 Medicare beneficiaries. Accordingly, the Legislature clarifies 21 that it has always been the intent of the Legislature before 22 and after 1991 that, in reimbursing in accordance with fees 23 established by Title XVIII for premiums, deductibles, and 24 coinsurance for Medicare services rendered by physicians to 25 Medicaid eligible persons, physicians be reimbursed at the 26 lesser of the amount billed by the physician or the Medicaid 27 maximum allowable fee established by the Agency for Health 28 Care Administration, as is permitted by federal law. It has 29 never been the intent of the Legislature with regard to such 30 services rendered by physicians that Medicaid be required to 31 provide any payment for deductibles, coinsurance, or 42 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 copayments for Medicare cost sharing, or any expenses incurred 2 relating thereto, in excess of the payment amount provided for 3 under the State Medicaid plan for such service. This payment 4 methodology is applicable even in those situations in which 5 the payment for Medicare cost sharing for a qualified Medicare 6 beneficiary with respect to an item or service is reduced or 7 eliminated. This expression of the Legislature is in 8 clarification of existing law and shall apply to payment for, 9 and with respect to provider agreements with respect to, items 10 or services furnished on or after the effective date of this 11 act. This paragraph applies to payment by Medicaid for items 12 and services furnished before the effective date of this act 13 if such payment is the subject of a lawsuit that is based on 14 the provisions of this section, and that is pending as of, or 15 is initiated after, the effective date of this act. 16 (d) Notwithstanding paragraphs (a)-(c): 17 1. Medicaid payments for Nursing Home Medicare part A 18 coinsurance shall be the lesser of the Medicare coinsurance 19 amount or the Medicaid nursing home per diem rate. 20 2. Medicaid shall pay all deductibles and coinsurance 21 for Medicare-eligible recipients receiving freestanding end 22 stage renal dialysis center services. 23 3. Medicaid payments for general hospital inpatient 24 services shall be limited to the Medicare deductible per spell 25 of illness. Medicaid shall make no payment toward coinsurance 26 for Medicare general hospital inpatient services. 27 4. Medicaid shall pay all deductibles and coinsurance 28 for Medicare emergency transportation services provided by 29 ambulances licensed pursuant to chapter 401. 30 (14) A provider of prescribed drugs shall be 31 reimbursed the least of the amount billed by the provider, the 43 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 provider's usual and customary charge, or the Medicaid maximum 2 allowable fee established by the agency, plus a dispensing 3 fee. The agency is directed to implement a variable dispensing 4 fee for payments for prescribed medicines while ensuring 5 continued access for Medicaid recipients. The variable 6 dispensing fee may be based upon, but not limited to, either 7 or both the volume of prescriptions dispensed by a specific 8 pharmacy provider, the volume of prescriptions dispensed to an 9 individual recipient, and dispensing of preferred-drug-list 10 products. The agency shall increase the pharmacy dispensing 11 fee authorized by statute and in the annual General 12 Appropriations Act by $0.50 for the dispensing of a Medicaid 13 preferred-drug-list product and reduce the pharmacy dispensing 14 fee by $0.50 for the dispensing of a Medicaid product that is 15 not included on the preferred-drug list. The agency is 16 authorized to limit reimbursement for prescribed medicine in 17 order to comply with any limitations or directions provided 18 for in the General Appropriations Act, which may include 19 implementing a prospective or concurrent utilization review 20 program. 21 (15) A provider of primary care case management 22 services rendered pursuant to a federally approved waiver 23 shall be reimbursed by payment of a fixed, prepaid monthly sum 24 for each Medicaid recipient enrolled with the provider. 25 (16) A provider of rural health clinic services and 26 federally qualified health center services shall be reimbursed 27 a rate per visit based on total reasonable costs of the 28 clinic, as determined by the agency in accordance with federal 29 regulations. 30 (17) A provider of targeted case management services 31 shall be reimbursed pursuant to an established fee, except 44 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 where the Federal Government requires a public provider be 2 reimbursed on the basis of average actual costs. 3 (18) Unless otherwise provided for in the General 4 Appropriations Act, a provider of transportation services 5 shall be reimbursed the lesser of the amount billed by the 6 provider or the Medicaid maximum allowable fee established by 7 the agency, except when the agency has entered into a direct 8 contract with the provider, or with a community transportation 9 coordinator, for the provision of an all-inclusive service, or 10 when services are provided pursuant to an agreement negotiated 11 between the agency and the provider. The agency, as provided 12 for in s. 427.0135, shall purchase transportation services 13 through the community coordinated transportation system, if 14 available, unless the agency determines a more cost-effective 15 method for Medicaid clients. Nothing in this subsection shall 16 be construed to limit or preclude the agency from contracting 17 for services using a prepaid capitation rate or from 18 establishing maximum fee schedules, individualized 19 reimbursement policies by provider type, negotiated fees, 20 prior authorization, competitive bidding, increased use of 21 mass transit, or any other mechanism that the agency considers 22 efficient and effective for the purchase of services on behalf 23 of Medicaid clients, including implementing a transportation 24 eligibility process. The agency shall not be required to 25 contract with any community transportation coordinator or 26 transportation operator that has been determined by the 27 agency, the Department of Legal Affairs Medicaid Fraud Control 28 Unit, or any other state or federal agency to have engaged in 29 any abusive or fraudulent billing activities. The agency is 30 authorized to competitively procure transportation services or 31 make other changes necessary to secure approval of federal 45 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 waivers needed to permit federal financing of Medicaid 2 transportation services at the service matching rate rather 3 than the administrative matching rate. 4 (19) County health department services may be 5 reimbursed a rate per visit based on total reasonable costs of 6 the clinic, as determined by the agency in accordance with 7 federal regulations under the authority of 42 C.F.R. s. 8 431.615. 9 (20) A renal dialysis facility that provides dialysis 10 services under s. 409.906(9) must be reimbursed the lesser of 11 the amount billed by the provider, the provider's usual and 12 customary charge, or the maximum allowable fee established by 13 the agency, whichever amount is less. 14 (21) The agency shall reimburse school districts which 15 certify the state match pursuant to ss. 236.0812 and 409.9071 16 for the federal portion of the school district's allowable 17 costs to deliver the services, based on the reimbursement 18 schedule. The school district shall determine the costs for 19 delivering services as authorized in ss. 236.0812 and 409.9071 20 for which the state match will be certified. Reimbursement of 21 school-based providers is contingent on such providers being 22 enrolled as Medicaid providers and meeting the qualifications 23 contained in 42 C.F.R. s. 440.110, unless otherwise waived by 24 the federal Health Care Financing Administration. Speech 25 therapy providers who are certified through the Department of 26 Education pursuant to rule 6A-4.0176, Florida Administrative 27 Code, are eligible for reimbursement for services that are 28 provided on school premises. Any employee of the school 29 district who has been fingerprinted and has received a 30 criminal background check in accordance with Department of 31 Education rules and guidelines shall be exempt from any agency 46 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 requirements relating to criminal background checks. 2 (22) The agency shall request and implement Medicaid 3 waivers from the federal Health Care Financing Administration 4 to advance and treat a portion of the Medicaid nursing home 5 per diem as capital for creating and operating a 6 risk-retention group for self-insurance purposes, consistent 7 with federal and state laws and rules. 8 Section 23. Subsection (1) of section 409.911, Florida 9 Statutes, is amended to read: 10 409.911 Disproportionate share program.--Subject to 11 specific allocations established within the General 12 Appropriations Act and any limitations established pursuant to 13 chapter 216, the agency shall distribute, pursuant to this 14 section, moneys to hospitals providing a disproportionate 15 share of Medicaid or charity care services by making quarterly 16 Medicaid payments as required. Notwithstanding the provisions 17 of s. 409.915, counties are exempt from contributing toward 18 the cost of this special reimbursement for hospitals serving a 19 disproportionate share of low-income patients. 20 (1) Definitions.--As used in this section, and s. 21 409.9112, and the Florida Hospital Uniform Reporting System 22 manual: 23 (a) "Adjusted patient days" means the sum of acute 24 care patient days and intensive care patient days as reported 25 to the Agency for Health Care Administration, divided by the 26 ratio of inpatient revenues generated from acute, intensive, 27 ambulatory, and ancillary patient services to gross revenues. 28 (b) "Actual audited data" or "actual audited 29 experience" means data reported to the Agency for Health Care 30 Administration which has been audited in accordance with 31 generally accepted auditing standards by the agency or 47 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 representatives under contract with the agency. 2 (c) "Base Medicaid per diem" means the hospital's 3 Medicaid per diem rate initially established by the Agency for 4 Health Care Administration on January 1, 1999. The base 5 Medicaid per diem rate shall not include any additional per 6 diem increases received as a result of the disproportionate 7 share distribution. 8 (d) "Charity care" or "uncompensated charity care" 9 means that portion of hospital charges reported to the Agency 10 for Health Care Administration for which there is no 11 compensation, other than restricted or unrestricted revenues 12 provided to a hospital by local governments or tax districts 13 regardless of the method of payment, for care provided to a 14 patient whose family income for the 12 months preceding the 15 determination is less than or equal to 200 percent of the 16 federal poverty level, unless the amount of hospital charges 17 due from the patient exceeds 25 percent of the annual family 18 income. However, in no case shall the hospital charges for a 19 patient whose family income exceeds four times the federal 20 poverty level for a family of four be considered charity. 21 (e) "Charity care days" means the sum of the 22 deductions from revenues for charity care minus 50 percent of 23 restricted and unrestricted revenues provided to a hospital by 24 local governments or tax districts, divided by gross revenues 25 per adjusted patient day. 26 (f) "Disproportionate share percentage" means a rate 27 of increase in the Medicaid per diem rate as calculated under 28 this section. 29 (g) "Hospital" means a health care institution 30 licensed as a hospital pursuant to chapter 395, but does not 31 include ambulatory surgical centers. 48 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (h) "Medicaid days" means the number of actual days 2 attributable to Medicaid patients as determined by the Agency 3 for Health Care Administration. 4 Section 24. Subsection (7) of section 409.9116, 5 Florida Statutes, is amended to read: 6 409.9116 Disproportionate share/financial assistance 7 program for rural hospitals.--In addition to the payments made 8 under s. 409.911, the Agency for Health Care Administration 9 shall administer a federally matched disproportionate share 10 program and a state-funded financial assistance program for 11 statutory rural hospitals. The agency shall make 12 disproportionate share payments to statutory rural hospitals 13 that qualify for such payments and financial assistance 14 payments to statutory rural hospitals that do not qualify for 15 disproportionate share payments. The disproportionate share 16 program payments shall be limited by and conform with federal 17 requirements. Funds shall be distributed quarterly in each 18 fiscal year for which an appropriation is made. 19 Notwithstanding the provisions of s. 409.915, counties are 20 exempt from contributing toward the cost of this special 21 reimbursement for hospitals serving a disproportionate share 22 of low-income patients. 23 (7) This section applies only to hospitals that were 24 defined as statutory rural hospitals, or their 25 successor-in-interest hospital, prior to January 1, 2001 July 26 1, 1998. Any additional hospital that is defined as a 27 statutory rural hospital, or its successor-in-interest 28 hospital, on or after January 1, 2001 July 1, 1998, is not 29 eligible for programs under this section unless additional 30 funds are appropriated each fiscal year specifically to the 31 rural hospital disproportionate share and financial assistance 49 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 programs in an amount necessary to prevent any hospital, or 2 its successor-in-interest hospital, eligible for the programs 3 prior to January 1, 2001 July 1, 1998, from incurring a 4 reduction in payments because of the eligibility of an 5 additional hospital to participate in the programs. A 6 hospital, or its successor-in-interest hospital, which 7 received funds pursuant to this section before January 1, 2001 8 July 1, 1998, and which qualifies under s. 395.602(2)(e), 9 shall be included in the programs under this section and is 10 not required to seek additional appropriations under this 11 subsection. 12 Section 25. Subsection (7) of section 409.91195, 13 Florida Statutes, is amended to read: 14 409.91195 Medicaid Pharmaceutical and Therapeutics 15 Committee.--There is created a Medicaid Pharmaceutical and 16 Therapeutics Committee within the Agency for Health Care 17 Administration for the purpose of developing a preferred drug 18 formulary pursuant to 42 U.S.C. s. 1396r-8. 19 (7) The committee shall ensure that interested 20 parties, including pharmaceutical manufacturers agreeing to 21 provide a supplemental rebate as outlined in this chapter, 22 have an opportunity to present public testimony to the 23 committee with information or evidence supporting inclusion of 24 a product on the preferred drug list. Such public testimony 25 shall occur prior to any recommendations made by the committee 26 for inclusion or exclusion from the preferred drug list. Upon 27 timely notice, the agency shall ensure that any drug that has 28 been approved or had any of its particular uses approved by 29 the United States Food and Drug Administration under a 30 priority review classification will be reviewed by the 31 Medicaid Pharmaceutical and Therapeutics Committee at the next 50 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 regularly scheduled meeting. To the extent possible, upon 2 notice by a manufacturer the agency shall also schedule a 3 product review for any new product at the next regularly 4 scheduled Medicaid Pharmaceutical and Therapeutics Committee. 5 Section 26. Paragraph (b) of subsection (3) and 6 paragraph (b) of subsection (13) of section 409.912, Florida 7 Statutes, are amended to read: 8 409.912 Cost-effective purchasing of health care.--The 9 agency shall purchase goods and services for Medicaid 10 recipients in the most cost-effective manner consistent with 11 the delivery of quality medical care. The agency shall 12 maximize the use of prepaid per capita and prepaid aggregate 13 fixed-sum basis services when appropriate and other 14 alternative service delivery and reimbursement methodologies, 15 including competitive bidding pursuant to s. 287.057, designed 16 to facilitate the cost-effective purchase of a case-managed 17 continuum of care. The agency shall also require providers to 18 minimize the exposure of recipients to the need for acute 19 inpatient, custodial, and other institutional care and the 20 inappropriate or unnecessary use of high-cost services. The 21 agency may establish prior authorization requirements for 22 certain populations of Medicaid beneficiaries, certain drug 23 classes, or particular drugs to prevent fraud, abuse, overuse, 24 and possible dangerous drug interactions. The Pharmaceutical 25 and Therapeutics Committee shall make recommendations to the 26 agency on drugs for which prior authorization is required. The 27 agency shall inform the Pharmaceutical and Therapeutics 28 Committee of its decisions regarding drugs subject to prior 29 authorization. 30 (3) The agency may contract with: 31 (b) An entity that is providing comprehensive 51 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 behavioral health care services to certain Medicaid recipients 2 through a capitated, prepaid arrangement pursuant to the 3 federal waiver provided for by s. 409.905(5). Such an entity 4 must be licensed under chapter 624, chapter 636, or chapter 5 641 and must possess the clinical systems and operational 6 competence to manage risk and provide comprehensive behavioral 7 health care to Medicaid recipients. As used in this paragraph, 8 the term "comprehensive behavioral health care services" means 9 covered mental health and substance abuse treatment services 10 that are available to Medicaid recipients. The secretary of 11 the Department of Children and Family Services shall approve 12 provisions of procurements related to children in the 13 department's care or custody prior to enrolling such children 14 in a prepaid behavioral health plan. Any contract awarded 15 under this paragraph must be competitively procured. In 16 developing the behavioral health care prepaid plan procurement 17 document, the agency shall ensure that the procurement 18 document requires the contractor to develop and implement a 19 plan to ensure compliance with s. 394.4574 related to services 20 provided to residents of licensed assisted living facilities 21 that hold a limited mental health license. The agency must 22 ensure that Medicaid recipients have available the choice of 23 at least two managed care plans for their behavioral health 24 care services. To ensure unimpaired access to behavioral 25 health care services by Medicaid recipients, all contracts 26 issued pursuant to this paragraph shall require 80 percent of 27 the capitation paid to the managed care plan, including health 28 maintenance organizations, to be expended for the provision of 29 behavioral health care services. In the event the managed care 30 plan expends less than 80 percent of the capitation paid 31 pursuant to this paragraph for the provision of behavioral 52 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 health care services, the difference shall be returned to the 2 agency. The agency shall provide the managed care plan with a 3 certification letter indicating the amount of capitation paid 4 during each calendar year for the provision of behavioral 5 health care services pursuant to this section. The agency may 6 reimburse for substance-abuse-treatment services on a 7 fee-for-service basis until the agency finds that adequate 8 funds are available for capitated, prepaid arrangements. 9 1. By January 1, 2001, the agency shall modify the 10 contracts with the entities providing comprehensive inpatient 11 and outpatient mental health care services to Medicaid 12 recipients in Hillsborough, Highlands, Hardee, Manatee, and 13 Polk Counties, to include substance-abuse-treatment services. 14 2. By December 31, 2001, the agency shall contract 15 with entities providing comprehensive behavioral health care 16 services to Medicaid recipients through capitated, prepaid 17 arrangements in Charlotte, Collier, DeSoto, Escambia, Glades, 18 Hendry, Lee, Okaloosa, Pasco, Pinellas, Santa Rosa, Sarasota, 19 and Walton Counties. The agency may contract with entities 20 providing comprehensive behavioral health care services to 21 Medicaid recipients through capitated, prepaid arrangements in 22 Alachua County. The agency may determine if Sarasota County 23 shall be included as a separate catchment area or included in 24 any other agency geographic area. 25 3. Children residing in a Department of Juvenile 26 Justice residential program approved as a Medicaid behavioral 27 health overlay services provider shall not be included in a 28 behavioral health care prepaid health plan pursuant to this 29 paragraph. 30 4. In converting to a prepaid system of delivery, the 31 agency shall in its procurement document require an entity 53 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 providing comprehensive behavioral health care services to 2 prevent the displacement of indigent care patients by 3 enrollees in the Medicaid prepaid health plan providing 4 behavioral health care services from facilities receiving 5 state funding to provide indigent behavioral health care, to 6 facilities licensed under chapter 395 which do not receive 7 state funding for indigent behavioral health care, or 8 reimburse the unsubsidized facility for the cost of behavioral 9 health care provided to the displaced indigent care patient. 10 5. Traditional community mental health providers under 11 contract with the Department of Children and Family Services 12 pursuant to part IV of chapter 394 and inpatient mental health 13 providers licensed pursuant to chapter 395 must be offered an 14 opportunity to accept or decline a contract to participate in 15 any provider network for prepaid behavioral health services. 16 (13) 17 (b) The responsibility of the agency under this 18 subsection shall include the development of capabilities to 19 identify actual and optimal practice patterns; patient and 20 provider educational initiatives; methods for determining 21 patient compliance with prescribed treatments; fraud, waste, 22 and abuse prevention and detection programs; and beneficiary 23 case management programs. 24 1. The practice pattern identification program shall 25 evaluate practitioner prescribing patterns based on national 26 and regional practice guidelines, comparing practitioners to 27 their peer groups. The agency and its Drug Utilization Review 28 Board shall consult with a panel of practicing health care 29 professionals consisting of the following: the Speaker of the 30 House of Representatives and the President of the Senate shall 31 each appoint three physicians licensed under chapter 458 or 54 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 chapter 459; and the Governor shall appoint two pharmacists 2 licensed under chapter 465 and one dentist licensed under 3 chapter 466 who is an oral surgeon. Terms of the panel members 4 shall expire at the discretion of the appointing official. The 5 panel shall begin its work by August 1, 1999, regardless of 6 the number of appointments made by that date. The advisory 7 panel shall be responsible for evaluating treatment guidelines 8 and recommending ways to incorporate their use in the practice 9 pattern identification program. Practitioners who are 10 prescribing inappropriately or inefficiently, as determined by 11 the agency, may have their prescribing of certain drugs 12 subject to prior authorization. 13 2. The agency shall also develop educational 14 interventions designed to promote the proper use of 15 medications by providers and beneficiaries. 16 3. The agency shall implement a pharmacy fraud, waste, 17 and abuse initiative that may include a surety bond or letter 18 of credit requirement for participating pharmacies, enhanced 19 provider auditing practices, the use of additional fraud and 20 abuse software, recipient management programs for 21 beneficiaries inappropriately using their benefits, and other 22 steps that will eliminate provider and recipient fraud, waste, 23 and abuse. The initiative shall address enforcement efforts to 24 reduce the number and use of counterfeit prescriptions. 25 4. By September 30, 2002, the agency shall contract 26 with an entity in the state to implement a wireless handheld 27 clinical pharmacology drug information database for 28 practitioners. The initiative shall be designed to enhance the 29 agency's efforts to reduce fraud, abuse, and errors in the 30 prescription drug benefit program and to otherwise further the 31 intent of this paragraph. 55 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 5.4. The agency may apply for any federal waivers 2 needed to implement this paragraph. 3 Section 27. Paragraph (g) of subsection (3) and 4 paragraph (c) of subsection (37) of section 409.912, Florida 5 Statutes, as amended by sections 8 and 9 of chapter 2001-377, 6 Laws of Florida, are amended, and paragraph (h) is added to 7 said subsection (3), to read: 8 409.912 Cost-effective purchasing of health care.--The 9 agency shall purchase goods and services for Medicaid 10 recipients in the most cost-effective manner consistent with 11 the delivery of quality medical care. The agency shall 12 maximize the use of prepaid per capita and prepaid aggregate 13 fixed-sum basis services when appropriate and other 14 alternative service delivery and reimbursement methodologies, 15 including competitive bidding pursuant to s. 287.057, designed 16 to facilitate the cost-effective purchase of a case-managed 17 continuum of care. The agency shall also require providers to 18 minimize the exposure of recipients to the need for acute 19 inpatient, custodial, and other institutional care and the 20 inappropriate or unnecessary use of high-cost services. The 21 agency may establish prior authorization requirements for 22 certain populations of Medicaid beneficiaries, certain drug 23 classes, or particular drugs to prevent fraud, abuse, overuse, 24 and possible dangerous drug interactions. The Pharmaceutical 25 and Therapeutics Committee shall make recommendations to the 26 agency on drugs for which prior authorization is required. The 27 agency shall inform the Pharmaceutical and Therapeutics 28 Committee of its decisions regarding drugs subject to prior 29 authorization. 30 (3) The agency may contract with: 31 (g) Children's provider networks that provide care 56 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 coordination and care management for Medicaid-eligible 2 pediatric patients, primary care, authorization of specialty 3 care, and other urgent and emergency care through organized 4 providers designed to service Medicaid eligibles under age 18 5 and pediatric emergency departments' diversion programs. The 6 networks shall provide after-hour operations, including 7 evening and weekend hours, to promote, when appropriate, the 8 use of the children's networks rather than hospital emergency 9 departments. 10 (h) A Children's Medical Services network, as defined 11 in s. 391.021. 12 (37) 13 (c) The agency shall submit quarterly reports a report 14 to the Governor, the President of the Senate, and the Speaker 15 of the House of Representatives which by January 15 of each 16 year. The report must include, but need not be limited to, the 17 progress made in implementing this subsection and its Medicaid 18 cost-containment measures and their effect on Medicaid 19 prescribed-drug expenditures. 20 Section 28. Paragraphs (f) and (k) of subsection (2) 21 of section 409.9122, Florida Statutes, as amended by section 22 11 of chapter 2001-377, Laws of Florida, are amended to read: 23 409.9122 Mandatory Medicaid managed care enrollment; 24 programs and procedures.-- 25 (2) 26 (f) When a Medicaid recipient does not choose a 27 managed care plan or MediPass provider, the agency shall 28 assign the Medicaid recipient to a managed care plan or 29 MediPass provider. Medicaid recipients who are subject to 30 mandatory assignment but who fail to make a choice shall be 31 assigned to managed care plans or provider service networks 57 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 until an equal enrollment of 45 50 percent in MediPass and 55 2 50 percent in managed care plans is achieved. Once this equal 3 enrollment is achieved, the assignments shall be divided in 4 order to maintain an equal enrollment in MediPass and managed 5 care plans which is in a 45 percent and 55 percent proportion, 6 respectively. Thereafter, assignment of Medicaid recipients 7 who fail to make a choice shall be based proportionally on the 8 preferences of recipients who have made a choice in the 9 previous period. Such proportions shall be revised at least 10 quarterly to reflect an update of the preferences of Medicaid 11 recipients. The agency shall also disproportionately assign 12 Medicaid-eligible recipients children in families who are 13 required to but have failed to make a choice of managed care 14 plan or MediPass, including children, for their child and who 15 are to be assigned to the MediPass program to children's 16 networks as described in s. 409.912(3)(g), Children's Medical 17 Services network as defined in s. 391.021, exclusive provider 18 organizations, provider service networks, minority physician 19 networks, and pediatric emergency department diversion 20 programs authorized by this chapter or the General 21 Appropriations Act, in such manner as the agency deems 22 appropriate, and where available. The disproportionate 23 assignment of children to children's networks shall be made 24 until the agency has determined that the children's networks 25 and programs have sufficient numbers to be economically 26 operated. For purposes of this paragraph, when referring to 27 assignment, the term "managed care plans" includes health 28 maintenance organizations, exclusive provider organizations, 29 provider service networks, minority physician networks, 30 Children's Medical Services network, and pediatric emergency 31 department diversion programs authorized by this chapter or 58 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the General Appropriations Act. Beginning July 1, 2002, the 2 agency shall assign all children in families who have not made 3 a choice of a managed care plan or MediPass in the required 4 timeframe to a pediatric emergency room diversion program 5 described in s. 409.912(3)(g) that, as of July 1, 2002, has 6 executed a contract with the agency, until such network or 7 program has reached an enrollment of 15,000 children. Once 8 that minimum enrollment level has been reached, the agency 9 shall assign children who have not chosen a managed care plan 10 or MediPass to the network or program in a manner that 11 maintains the minimum enrollment in the network or program at 12 not less than 15,000 children. To the extent practicable, the 13 agency shall also assign all eligible children in the same 14 family to such network or program. When making assignments, 15 the agency shall take into account the following criteria: 16 1. A managed care plan has sufficient network capacity 17 to meet the need of members. 18 2. The managed care plan or MediPass has previously 19 enrolled the recipient as a member, or one of the managed care 20 plan's primary care providers or MediPass providers has 21 previously provided health care to the recipient. 22 3. The agency has knowledge that the member has 23 previously expressed a preference for a particular managed 24 care plan or MediPass provider as indicated by Medicaid 25 fee-for-service claims data, but has failed to make a choice. 26 4. The managed care plan's or MediPass primary care 27 providers are geographically accessible to the recipient's 28 residence. 29 (k) 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, except 59 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 in those counties in which there are fewer than two managed 2 care plans accepting Medicaid enrollees, in which case 3 assignment shall be to a managed care plan or a MediPass 4 provider. Medicaid recipients in counties with fewer than two 5 managed care plans accepting Medicaid enrollees who are 6 subject to mandatory assignment but who fail to make a choice 7 shall be assigned to managed care plans until an equal 8 enrollment of 45 50 percent in MediPass and provider service 9 networks and 55 50 percent in managed care plans is achieved. 10 Once that equal enrollment is achieved, the assignments shall 11 be divided in order to maintain an equal enrollment in 12 MediPass and managed care plans which is in a 45 percent and 13 55 percent proportion, respectively. In geographic areas where 14 the agency is contracting for the provision of comprehensive 15 behavioral health services through a capitated prepaid 16 arrangement, recipients who fail to make a choice shall be 17 assigned equally to MediPass or a managed care plan. For 18 purposes of this paragraph, when referring to assignment, the 19 term "managed care plans" includes exclusive provider 20 organizations, provider service networks, Children's Medical 21 Services network, minority physician networks, and pediatric 22 emergency department diversion programs authorized by this 23 chapter or the General Appropriations Act. When making 24 assignments, the agency shall take into account the following 25 criteria: 26 1. A managed care plan has sufficient network capacity 27 to meet the need of members. 28 2. The managed care plan or MediPass has previously 29 enrolled the recipient as a member, or one of the managed care 30 plan's primary care providers or MediPass providers has 31 previously provided health care to the recipient. 60 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 3. The agency has knowledge that the member has 2 previously expressed a preference for a particular managed 3 care plan or MediPass provider as indicated by Medicaid 4 fee-for-service claims data, but has failed to make a choice. 5 4. The managed care plan's or MediPass primary care 6 providers are geographically accessible to the recipient's 7 residence. 8 5. The agency has authority to make mandatory 9 assignments based on quality of service and performance of 10 managed care plans. 11 Section 29. Paragraph (l) is added to subsection (2) 12 of section 409.9122, Florida Statutes, to read: 13 409.9122 Mandatory Medicaid managed care enrollment; 14 programs and procedures.-- 15 (2) 16 (l) Notwithstanding the provisions of chapter 287, the 17 agency may, at its discretion, renew cost-effective contracts 18 for choice counseling services once or more for such periods 19 as the agency may decide. However, all such renewals may not 20 combine to exceed a total period longer than the term of the 21 original contract. 22 Section 30. Section 409.913, Florida Statutes, as 23 amended by section 12 of chapter 2001-377, Laws of Florida, is 24 amended to read: 25 409.913 Oversight of the integrity of the Medicaid 26 program.--The agency shall operate a program to oversee the 27 activities of Florida Medicaid recipients, and providers and 28 their representatives, to ensure that fraudulent and abusive 29 behavior and neglect of recipients occur to the minimum extent 30 possible, and to recover overpayments and impose sanctions as 31 appropriate. Beginning January 1, 2003, and each year 61 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 thereafter, the agency and the Medicaid Fraud Control Unit of 2 the Department of Legal Affairs shall submit a joint report to 3 the Legislature documenting the effectiveness of the state's 4 efforts to control Medicaid fraud and abuse and to recover 5 Medicaid overpayments during the previous fiscal year. The 6 report must describe the number of cases opened and 7 investigated each year; the sources of the cases opened; the 8 disposition of the cases closed each year; the amount of 9 overpayments alleged in preliminary and final audit letters; 10 the number and amount of fines or penalties imposed; any 11 reductions in overpayment amounts negotiated in settlement 12 agreements or by other means; the amount of final agency 13 determinations of overpayments; the amount deducted from 14 federal claiming as a result of overpayments; the amount of 15 overpayments recovered each year; the amount of cost of 16 investigation recovered each year; the average length of time 17 to collect from the time the case was opened until the 18 overpayment is paid in full; the amount determined as 19 uncollectible and the portion of the uncollectible amount 20 subsequently reclaimed from the Federal Government; the number 21 of providers, by type, that are terminated from participation 22 in the Medicaid program as a result of fraud and abuse; and 23 all costs associated with discovering and prosecuting cases of 24 Medicaid overpayments and making recoveries in such cases. The 25 report must also document actions taken to prevent 26 overpayments and the number of providers prevented from 27 enrolling in or reenrolling in the Medicaid program as a 28 result of documented Medicaid fraud and abuse and must 29 recommend changes necessary to prevent or recover 30 overpayments. For the 2001-2002 fiscal year, the agency shall 31 prepare a report that contains as much of this information as 62 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 is available to it. 2 (1) For the purposes of this section, the term: 3 (a) "Abuse" means: 4 1. Provider practices that are inconsistent with 5 generally accepted business or medical practices and that 6 result in an unnecessary cost to the Medicaid program or in 7 reimbursement for goods or services that are not medically 8 necessary or that fail to meet professionally recognized 9 standards for health care. 10 2. Recipient practices that result in unnecessary cost 11 to the Medicaid program. 12 (b) "Complaint" means an allegation that fraud, abuse, 13 or an overpayment has occurred. 14 (c)(b) "Fraud" means an intentional deception or 15 misrepresentation made by a person with the knowledge that the 16 deception results in unauthorized benefit to herself or 17 himself or another person. The term includes any act that 18 constitutes fraud under applicable federal or state law. 19 (d)(c) "Medical necessity" or "medically necessary" 20 means any goods or services necessary to palliate the effects 21 of a terminal condition, or to prevent, diagnose, correct, 22 cure, alleviate, or preclude deterioration of a condition that 23 threatens life, causes pain or suffering, or results in 24 illness or infirmity, which goods or services are provided in 25 accordance with generally accepted standards of medical 26 practice. For purposes of determining Medicaid reimbursement, 27 the agency is the final arbiter of medical necessity. 28 Determinations of medical necessity must be made by a licensed 29 physician employed by or under contract with the agency and 30 must be based upon information available at the time the goods 31 or services are provided. 63 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (e)(d) "Overpayment" includes any amount that is not 2 authorized to be paid by the Medicaid program whether paid as 3 a result of inaccurate or improper cost reporting, improper 4 claiming, unacceptable practices, fraud, abuse, or mistake. 5 (f)(e) "Person" means any natural person, corporation, 6 partnership, association, clinic, group, or other entity, 7 whether or not such person is enrolled in the Medicaid program 8 or is a provider of health care. 9 (2) The agency shall conduct, or cause to be conducted 10 by contract or otherwise, reviews, investigations, analyses, 11 audits, or any combination thereof, to determine possible 12 fraud, abuse, overpayment, or recipient neglect in the 13 Medicaid program and shall report the findings of any 14 overpayments in audit reports as appropriate. 15 (3) The agency may conduct, or may contract for, 16 prepayment review of provider claims to ensure cost-effective 17 purchasing, billing, and provision of care to Medicaid 18 recipients. Such prepayment reviews may be conducted as 19 determined appropriate by the agency, without any suspicion or 20 allegation of fraud, abuse, or neglect. 21 (4) Any suspected criminal violation identified by the 22 agency must be referred to the Medicaid Fraud Control Unit of 23 the Office of the Attorney General for investigation. The 24 agency and the Attorney General shall enter into a memorandum 25 of understanding, which must include, but need not be limited 26 to, a protocol for regularly sharing information and 27 coordinating casework. The protocol must establish a 28 procedure for the referral by the agency of cases involving 29 suspected Medicaid fraud to the Medicaid Fraud Control Unit 30 for investigation, and the return to the agency of those cases 31 where investigation determines that administrative action by 64 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the agency is appropriate. Offices of the Medicaid program 2 integrity program and the Medicaid Fraud Control Unit of the 3 Department of Legal Affairs, shall, to the extent possible, be 4 collocated. The agency and the Department of Legal Affairs 5 shall periodically conduct joint training and other joint 6 activities designed to increase communication and coordination 7 in recovering overpayments. 8 (5) A Medicaid provider is subject to having goods and 9 services that are paid for by the Medicaid program reviewed by 10 an appropriate peer-review organization designated by the 11 agency. The written findings of the applicable peer-review 12 organization are admissible in any court or administrative 13 proceeding as evidence of medical necessity or the lack 14 thereof. 15 (6) Any notice required to be given to a provider 16 under this section is presumed to be sufficient notice if sent 17 to the address last shown on the provider enrollment file. It 18 is the responsibility of the provider to furnish and keep the 19 agency informed of the provider's current address. United 20 States Postal Service proof of mailing or certified or 21 registered mailing of such notice to the provider at the 22 address shown on the provider enrollment file constitutes 23 sufficient proof of notice. Any notice required to be given to 24 the agency by this section must be sent to the agency at an 25 address designated by rule. 26 (7) When presenting a claim for payment under the 27 Medicaid program, a provider has an affirmative duty to 28 supervise the provision of, and be responsible for, goods and 29 services claimed to have been provided, to supervise and be 30 responsible for preparation and submission of the claim, and 31 to present a claim that is true and accurate and that is for 65 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 goods and services that: 2 (a) Have actually been furnished to the recipient by 3 the provider prior to submitting the claim. 4 (b) Are Medicaid-covered goods or services that are 5 medically necessary. 6 (c) Are of a quality comparable to those furnished to 7 the general public by the provider's peers. 8 (d) Have not been billed in whole or in part to a 9 recipient or a recipient's responsible party, except for such 10 copayments, coinsurance, or deductibles as are authorized by 11 the agency. 12 (e) Are provided in accord with applicable provisions 13 of all Medicaid rules, regulations, handbooks, and policies 14 and in accordance with federal, state, and local law. 15 (f) Are documented by records made at the time the 16 goods or services were provided, demonstrating the medical 17 necessity for the goods or services rendered. Medicaid goods 18 or services are excessive or not medically necessary unless 19 both the medical basis and the specific need for them are 20 fully and properly documented in the recipient's medical 21 record. 22 (8) A Medicaid provider shall retain medical, 23 professional, financial, and business records pertaining to 24 services and goods furnished to a Medicaid recipient and 25 billed to Medicaid for a period of 5 years after the date of 26 furnishing such services or goods. The agency may investigate, 27 review, or analyze such records, which must be made available 28 during normal business hours. However, 24-hour notice must be 29 provided if patient treatment would be disrupted. The provider 30 is responsible for furnishing to the agency, and keeping the 31 agency informed of the location of, the provider's 66 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Medicaid-related records. The authority of the agency to 2 obtain Medicaid-related records from a provider is neither 3 curtailed nor limited during a period of litigation between 4 the agency and the provider. 5 (9) Payments for the services of billing agents or 6 persons participating in the preparation of a Medicaid claim 7 shall not be based on amounts for which they bill nor based on 8 the amount a provider receives from the Medicaid program. 9 (10) The agency may require repayment for 10 inappropriate, medically unnecessary, or excessive goods or 11 services from the person furnishing them, the person under 12 whose supervision they were furnished, or the person causing 13 them to be furnished. 14 (11) The complaint and all information obtained 15 pursuant to an investigation of a Medicaid provider, or the 16 authorized representative or agent of a provider, relating to 17 an allegation of fraud, abuse, or neglect are confidential and 18 exempt from the provisions of s. 119.07(1): 19 (a) Until the agency takes final agency action with 20 respect to the provider and requires repayment of any 21 overpayment, or imposes an administrative sanction; 22 (b) Until the Attorney General refers the case for 23 criminal prosecution; 24 (c) Until 10 days after the complaint is determined 25 without merit; or 26 (d) At all times if the complaint or information is 27 otherwise protected by law. 28 (12) The agency may terminate participation of a 29 Medicaid provider in the Medicaid program and may seek civil 30 remedies or impose other administrative sanctions against a 31 Medicaid provider, if the provider has been: 67 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (a) Convicted of a criminal offense related to the 2 delivery of any health care goods or services, including the 3 performance of management or administrative functions relating 4 to the delivery of health care goods or services; 5 (b) Convicted of a criminal offense under federal law 6 or the law of any state relating to the practice of the 7 provider's profession; or 8 (c) Found by a court of competent jurisdiction to have 9 neglected or physically abused a patient in connection with 10 the delivery of health care goods or services. 11 (13) If the provider has been suspended or terminated 12 from participation in the Medicaid program or the Medicare 13 program by the Federal Government or any state, the agency 14 must immediately suspend or terminate, as appropriate, the 15 provider's participation in the Florida Medicaid program for a 16 period no less than that imposed by the Federal Government or 17 any other state, and may not enroll such provider in the 18 Florida Medicaid program while such foreign suspension or 19 termination remains in effect. This sanction is in addition 20 to all other remedies provided by law. 21 (14) The agency may seek any remedy provided by law, 22 including, but not limited to, the remedies provided in 23 subsections (12) and (15) and s. 812.035, if: 24 (a) The provider's license has not been renewed, or 25 has been revoked, suspended, or terminated, for cause, by the 26 licensing agency of any state; 27 (b) The provider has failed to make available or has 28 refused access to Medicaid-related records to an auditor, 29 investigator, or other authorized employee or agent of the 30 agency, the Attorney General, a state attorney, or the Federal 31 Government; 68 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (c) The provider has not furnished or has failed to 2 make available such Medicaid-related records as the agency has 3 found necessary to determine whether Medicaid payments are or 4 were due and the amounts thereof; 5 (d) The provider has failed to maintain medical 6 records made at the time of service, or prior to service if 7 prior authorization is required, demonstrating the necessity 8 and appropriateness of the goods or services rendered; 9 (e) The provider is not in compliance with provisions 10 of Medicaid provider publications that have been adopted by 11 reference as rules in the Florida Administrative Code; with 12 provisions of state or federal laws, rules, or regulations; 13 with provisions of the provider agreement between the agency 14 and the provider; or with certifications found on claim forms 15 or on transmittal forms for electronically submitted claims 16 that are submitted by the provider or authorized 17 representative, as such provisions apply to the Medicaid 18 program; 19 (f) The provider or person who ordered or prescribed 20 the care, services, or supplies has furnished, or ordered the 21 furnishing of, goods or services to a recipient which are 22 inappropriate, unnecessary, excessive, or harmful to the 23 recipient or are of inferior quality; 24 (g) The provider has demonstrated a pattern of failure 25 to provide goods or services that are medically necessary; 26 (h) The provider or an authorized representative of 27 the provider, or a person who ordered or prescribed the goods 28 or services, has submitted or caused to be submitted false or 29 a pattern of erroneous Medicaid claims that have resulted in 30 overpayments to a provider or that exceed those to which the 31 provider was entitled under the Medicaid program; 69 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (i) The provider or an authorized representative of 2 the provider, or a person who has ordered or prescribed the 3 goods or services, has submitted or caused to be submitted a 4 Medicaid provider enrollment application, a request for prior 5 authorization for Medicaid services, a drug exception request, 6 or a Medicaid cost report that contains materially false or 7 incorrect information; 8 (j) The provider or an authorized representative of 9 the provider has collected from or billed a recipient or a 10 recipient's responsible party improperly for amounts that 11 should not have been so collected or billed by reason of the 12 provider's billing the Medicaid program for the same service; 13 (k) The provider or an authorized representative of 14 the provider has included in a cost report costs that are not 15 allowable under a Florida Title XIX reimbursement plan, after 16 the provider or authorized representative had been advised in 17 an audit exit conference or audit report that the costs were 18 not allowable; 19 (l) The provider is charged by information or 20 indictment with fraudulent billing practices. The sanction 21 applied for this reason is limited to suspension of the 22 provider's participation in the Medicaid program for the 23 duration of the indictment unless the provider is found guilty 24 pursuant to the information or indictment; 25 (m) The provider or a person who has ordered, or 26 prescribed the goods or services is found liable for negligent 27 practice resulting in death or injury to the provider's 28 patient; 29 (n) The provider fails to demonstrate that it had 30 available during a specific audit or review period sufficient 31 quantities of goods, or sufficient time in the case of 70 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 services, to support the provider's billings to the Medicaid 2 program; 3 (o) The provider has failed to comply with the notice 4 and reporting requirements of s. 409.907; or 5 (p) The agency has received reliable information of 6 patient abuse or neglect or of any act prohibited by s. 7 409.920; or. 8 (q) The provider has failed to comply with an 9 agreed-upon repayment schedule. 10 (15) The agency shall may impose any of the following 11 sanctions or disincentives on a provider or a person for any 12 of the acts described in subsection (14): 13 (a) Suspension for a specific period of time of not 14 more than 1 year. 15 (b) Termination for a specific period of time of from 16 more than 1 year to 20 years. 17 (c) Imposition of a fine of up to $5,000 for each 18 violation. Each day that an ongoing violation continues, such 19 as refusing to furnish Medicaid-related records or refusing 20 access to records, is considered, for the purposes of this 21 section, to be a separate violation. Each instance of 22 improper billing of a Medicaid recipient; each instance of 23 including an unallowable cost on a hospital or nursing home 24 Medicaid cost report after the provider or authorized 25 representative has been advised in an audit exit conference or 26 previous audit report of the cost unallowability; each 27 instance of furnishing a Medicaid recipient goods or 28 professional services that are inappropriate or of inferior 29 quality as determined by competent peer judgment; each 30 instance of knowingly submitting a materially false or 31 erroneous Medicaid provider enrollment application, request 71 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 for prior authorization for Medicaid services, drug exception 2 request, or cost report; each instance of inappropriate 3 prescribing of drugs for a Medicaid recipient as determined by 4 competent peer judgment; and each false or erroneous Medicaid 5 claim leading to an overpayment to a provider is considered, 6 for the purposes of this section, to be a separate violation. 7 (d) Immediate suspension, if the agency has received 8 information of patient abuse or neglect or of any act 9 prohibited by s. 409.920. Upon suspension, the agency must 10 issue an immediate final order under s. 120.569(2)(n). 11 (e) A fine, not to exceed $10,000, for a violation of 12 paragraph (14)(i). 13 (f) Imposition of liens against provider assets, 14 including, but not limited to, financial assets and real 15 property, not to exceed the amount of fines or recoveries 16 sought, upon entry of an order determining that such moneys 17 are due or recoverable. 18 (g) Prepayment reviews of claims for a specified 19 period of time. 20 (h) Comprehensive follow-up reviews of providers every 21 6 months to ensure that they are billing Medicaid correctly. 22 (i) Corrective-action plans that would remain in 23 effect for providers for up to 3 years and that would be 24 monitored by the agency every 6 months while in effect. 25 (j)(g) Other remedies as permitted by law to effect 26 the recovery of a fine or overpayment. 27 28 The Secretary of Health Care Administration may make a 29 determination that imposition of a sanction or disincentive is 30 not in the best interest of the Medicaid program, in which 31 case a sanction or disincentive shall not be imposed. 72 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (16) In determining the appropriate administrative 2 sanction to be applied, or the duration of any suspension or 3 termination, the agency shall consider: 4 (a) The seriousness and extent of the violation or 5 violations. 6 (b) Any prior history of violations by the provider 7 relating to the delivery of health care programs which 8 resulted in either a criminal conviction or in administrative 9 sanction or penalty. 10 (c) Evidence of continued violation within the 11 provider's management control of Medicaid statutes, rules, 12 regulations, or policies after written notification to the 13 provider of improper practice or instance of violation. 14 (d) The effect, if any, on the quality of medical care 15 provided to Medicaid recipients as a result of the acts of the 16 provider. 17 (e) Any action by a licensing agency respecting the 18 provider in any state in which the provider operates or has 19 operated. 20 (f) The apparent impact on access by recipients to 21 Medicaid services if the provider is suspended or terminated, 22 in the best judgment of the agency. 23 24 The agency shall document the basis for all sanctioning 25 actions and recommendations. 26 (17) The agency may take action to sanction, suspend, 27 or terminate a particular provider working for a group 28 provider, and may suspend or terminate Medicaid participation 29 at a specific location, rather than or in addition to taking 30 action against an entire group. 31 (18) The agency shall establish a process for 73 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 conducting followup reviews of a sampling of providers who 2 have a history of overpayment under the Medicaid program. 3 This process must consider the magnitude of previous fraud or 4 abuse and the potential effect of continued fraud or abuse on 5 Medicaid costs. 6 (19) In making a determination of overpayment to a 7 provider, the agency must use accepted and valid auditing, 8 accounting, analytical, statistical, or peer-review methods, 9 or combinations thereof. Appropriate statistical methods may 10 include, but are not limited to, sampling and extension to the 11 population, parametric and nonparametric statistics, tests of 12 hypotheses, and other generally accepted statistical methods. 13 Appropriate analytical methods may include, but are not 14 limited to, reviews to determine variances between the 15 quantities of products that a provider had on hand and 16 available to be purveyed to Medicaid recipients during the 17 review period and the quantities of the same products paid for 18 by the Medicaid program for the same period, taking into 19 appropriate consideration sales of the same products to 20 non-Medicaid customers during the same period. In meeting its 21 burden of proof in any administrative or court proceeding, the 22 agency may introduce the results of such statistical methods 23 as evidence of overpayment. 24 (20) When making a determination that an overpayment 25 has occurred, the agency shall prepare and issue an audit 26 report to the provider showing the calculation of 27 overpayments. 28 (21) The audit report, supported by agency work 29 papers, showing an overpayment to a provider constitutes 30 evidence of the overpayment. A provider may not present or 31 elicit testimony, either on direct examination or 74 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 cross-examination in any court or administrative proceeding, 2 regarding the purchase or acquisition by any means of drugs, 3 goods, or supplies; sales or divestment by any means of drugs, 4 goods, or supplies; or inventory of drugs, goods, or supplies, 5 unless such acquisition, sales, divestment, or inventory is 6 documented by written invoices, written inventory records, or 7 other competent written documentary evidence maintained in the 8 normal course of the provider's business. Notwithstanding the 9 applicable rules of discovery, all documentation that will be 10 offered as evidence at an administrative hearing on a Medicaid 11 overpayment must be exchanged by all parties at least 14 days 12 before the administrative hearing or must be excluded from 13 consideration. 14 (22)(a) In an audit or investigation of a violation 15 committed by a provider which is conducted pursuant to this 16 section, the agency is entitled to recover all investigative, 17 legal, and expert witness costs if the agency's findings were 18 not contested by the provider or, if contested, the agency 19 ultimately prevailed. 20 (b) The agency has the burden of documenting the 21 costs, which include salaries and employee benefits and 22 out-of-pocket expenses. The amount of costs that may be 23 recovered must be reasonable in relation to the seriousness of 24 the violation and must be set taking into consideration the 25 financial resources, earning ability, and needs of the 26 provider, who has the burden of demonstrating such factors. 27 (c) The provider may pay the costs over a period to be 28 determined by the agency if the agency determines that an 29 extreme hardship would result to the provider from immediate 30 full payment. Any default in payment of costs may be 31 collected by any means authorized by law. 75 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (23) If the agency imposes an administrative sanction 2 under this section upon any provider or other person who is 3 regulated by another state entity, the agency shall notify 4 that other entity of the imposition of the sanction. Such 5 notification must include the provider's or person's name and 6 license number and the specific reasons for sanction. 7 (24)(a) The agency may withhold Medicaid payments, in 8 whole or in part, to a provider upon receipt of reliable 9 evidence that the circumstances giving rise to the need for a 10 withholding of payments involve fraud, willful 11 misrepresentation, or abuse under the Medicaid program, or a 12 crime committed while rendering goods or services to Medicaid 13 recipients, pending completion of legal proceedings. If it is 14 determined that fraud, willful misrepresentation, abuse, or a 15 crime did not occur, the payments withheld must be paid to the 16 provider within 14 days after such determination with interest 17 at the rate of 10 percent a year. Any money withheld in 18 accordance with this paragraph shall be placed in a suspended 19 account, readily accessible to the agency, so that any payment 20 ultimately due the provider shall be made within 14 days. 21 (b) Overpayments owed to the agency bear interest at 22 the rate of 10 percent per year from the date of determination 23 of the overpayment by the agency, and payment arrangements 24 must be made at the conclusion of legal proceedings. A 25 provider who does not enter into or adhere to an agreed-upon 26 repayment schedule may be terminated by the agency for 27 nonpayment or partial payment. 28 (c) The agency, upon entry of a final agency order, a 29 judgment or order of a court of competent jurisdiction, or a 30 stipulation or settlement, may collect the moneys owed by all 31 means allowable by law, including, but not limited to, 76 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 notifying any fiscal intermediary of Medicare benefits that 2 the state has a superior right of payment. Upon receipt of 3 such written notification, the Medicare fiscal intermediary 4 shall remit to the state the sum claimed. 5 (25) The agency may impose administrative sanctions 6 against a Medicaid recipient, or the agency may seek any other 7 remedy provided by law, including, but not limited to, the 8 remedies provided in s. 812.035, if the agency finds that a 9 recipient has engaged in solicitation in violation of s. 10 409.920 or that the recipient has otherwise abused the 11 Medicaid program. 12 (26) When the Agency for Health Care Administration 13 has made a probable cause determination and alleged that an 14 overpayment to a Medicaid provider has occurred, the agency, 15 after notice to the provider, may: 16 (a) Withhold, and continue to withhold during the 17 pendency of an administrative hearing pursuant to chapter 120, 18 any medical assistance reimbursement payments until such time 19 as the overpayment is recovered, unless within 30 days after 20 receiving notice thereof the provider: 21 1. Makes repayment in full; or 22 2. Establishes a repayment plan that is satisfactory 23 to the Agency for Health Care Administration. 24 (b) Withhold, and continue to withhold during the 25 pendency of an administrative hearing pursuant to chapter 120, 26 medical assistance reimbursement payments if the terms of a 27 repayment plan are not adhered to by the provider. 28 29 If a provider requests an administrative hearing pursuant to 30 chapter 120, such hearing must be conducted within 90 days 31 following receipt by the provider of the final audit report, 77 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 absent exceptionally good cause shown as determined by the 2 administrative law judge or hearing officer. Upon issuance of 3 a final order, the balance outstanding of the amount 4 determined to constitute the overpayment shall become due. Any 5 withholding of payments by the Agency for Health Care 6 Administration pursuant to this section shall be limited so 7 that the monthly medical assistance payment is not reduced by 8 more than 10 percent. 9 (27) Venue for all Medicaid program integrity 10 overpayment cases shall lie in Leon County, at the discretion 11 of the agency. 12 (28) Notwithstanding other provisions of law, the 13 agency and the Medicaid Fraud Control Unit of the Department 14 of Legal Affairs may review a provider's Medicaid-related 15 records in order to determine the total output of a provider's 16 practice to reconcile quantities of goods or services billed 17 to Medicaid against quantities of goods or services used in 18 the provider's total practice. 19 (29) The agency may terminate a provider's 20 participation in the Medicaid program if the provider fails to 21 reimburse an overpayment that has been determined by final 22 order, not subject to further appeal, within 35 days after the 23 date of the final order, unless the provider and the agency 24 have entered into a repayment agreement. 25 (30) If a provider requests an administrative hearing 26 pursuant to chapter 120, such hearing must be conducted within 27 90 days following assignment of an administrative law judge, 28 absent exceptionally good cause shown as determined by the 29 administrative law judge or hearing officer. Upon issuance of 30 a final order, the outstanding balance of the amount 31 determined to constitute the overpayment shall become due. If 78 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 a provider fails to make payments in full, fails to enter into 2 a satisfactory repayment plan, or fails to comply with the 3 terms of a repayment plan or settlement agreement, the agency 4 may withhold medical assistance reimbursement payments until 5 the amount due is paid in full. 6 (31) Duly authorized agents and employees of the 7 agency shall have the power to inspect, during normal business 8 hours, the records of any pharmacy, wholesale establishment, 9 or manufacturer, or any other place in which drugs and medical 10 supplies are manufactured, packed, packaged, made, stored, 11 sold, or kept for sale, for the purpose of verifying the 12 amount of drugs and medical supplies ordered, delivered, or 13 purchased by a provider. The agency shall provide at least 2 14 business days' prior notice of any such inspection. The notice 15 must identify the provider whose records will be inspected, 16 and the inspection shall include only records specifically 17 related to that provider. 18 Section 31. Subsections (7) and (8) of section 19 409.920, Florida Statutes, are amended to read: 20 409.920 Medicaid provider fraud.-- 21 (7) The Attorney General shall conduct a statewide 22 program of Medicaid fraud control. To accomplish this purpose, 23 the Attorney General shall: 24 (a) Investigate the possible criminal violation of any 25 applicable state law pertaining to fraud in the administration 26 of the Medicaid program, in the provision of medical 27 assistance, or in the activities of providers of health care 28 under the Medicaid program. 29 (b) Investigate the alleged abuse or neglect of 30 patients in health care facilities receiving payments under 31 the Medicaid program, in coordination with the agency. 79 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (c) Investigate the alleged misappropriation of 2 patients' private funds in health care facilities receiving 3 payments under the Medicaid program. 4 (d) Refer to the Office of Statewide Prosecution or 5 the appropriate state attorney all violations indicating a 6 substantial potential for criminal prosecution. 7 (e) Refer to the agency all suspected abusive 8 activities not of a criminal or fraudulent nature. 9 (f) Refer to the agency for collection each instance 10 of overpayment to a provider of health care under the Medicaid 11 program which is discovered during the course of an 12 investigation. 13 (f)(g) Safeguard the privacy rights of all individuals 14 and provide safeguards to prevent the use of patient medical 15 records for any reason beyond the scope of a specific 16 investigation for fraud or abuse, or both, without the 17 patient's written consent. 18 (g) Publicize to state employees and the public the 19 ability of persons to bring suit under the provisions of the 20 Florida False Claims Act and the potential for the persons 21 bringing a civil action under the Florida False Claims Act to 22 obtain a monetary award. 23 (8) In carrying out the duties and responsibilities 24 under this section subsection, the Attorney General may: 25 (a) Enter upon the premises of any health care 26 provider, excluding a physician, participating in the Medicaid 27 program to examine all accounts and records that may, in any 28 manner, be relevant in determining the existence of fraud in 29 the Medicaid program, to investigate alleged abuse or neglect 30 of patients, or to investigate alleged misappropriation of 31 patients' private funds. A participating physician is required 80 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 to make available any accounts or records that may, in any 2 manner, be relevant in determining the existence of fraud in 3 the Medicaid program. The accounts or records of a 4 non-Medicaid patient may not be reviewed by, or turned over 5 to, the Attorney General without the patient's written 6 consent. 7 (b) Subpoena witnesses or materials, including medical 8 records relating to Medicaid recipients, within or outside the 9 state and, through any duly designated employee, administer 10 oaths and affirmations and collect evidence for possible use 11 in either civil or criminal judicial proceedings. 12 (c) Request and receive the assistance of any state 13 attorney or law enforcement agency in the investigation and 14 prosecution of any violation of this section. 15 (d) Seek any civil remedy provided by law, including, 16 but not limited to, the remedies provided in ss. 17 68.081-68.092, s. 812.035, and this chapter. 18 (e) Refer to the agency for collection each instance 19 of overpayment to a provider of health care under the Medicaid 20 program which is discovered during the course of an 21 investigation. 22 Section 32. Section 624.91, Florida Statutes, is 23 amended to read: 24 624.91 The Florida Healthy Kids Corporation Act.-- 25 (1) SHORT TITLE.--This section may be cited as the 26 "William G. 'Doc' Myers Healthy Kids Corporation Act." 27 (2) LEGISLATIVE INTENT.-- 28 (a) The Legislature finds that increased access to 29 health care services could improve children's health and 30 reduce the incidence and costs of childhood illness and 31 disabilities among children in this state. Many children do 81 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 not have comprehensive, affordable health care services 2 available. It is the intent of the Legislature that the 3 Florida Healthy Kids Corporation provide comprehensive health 4 insurance coverage to such children. The corporation is 5 encouraged to cooperate with any existing health service 6 programs funded by the public or the private sector and to 7 work cooperatively with the Florida Partnership for School 8 Readiness. 9 (b) It is the intent of the Legislature that the 10 Florida Healthy Kids Corporation serve as one of several 11 providers of services to children eligible for medical 12 assistance under Title XXI of the Social Security Act. 13 Although the corporation may serve other children, the 14 Legislature intends the primary recipients of services 15 provided through the corporation be school-age children with a 16 family income below 200 percent of the federal poverty level, 17 who do not qualify for Medicaid. It is also the intent of the 18 Legislature that state and local government Florida Healthy 19 Kids funds, to the extent permissible under federal law, be 20 used to continue and expand coverage, within available 21 appropriations, to children not eligible for federal matching 22 funds under Title XXI obtain matching federal dollars. 23 (3) NONENTITLEMENT.--Nothing in this section shall be 24 construed as providing an individual with an entitlement to 25 health care services. No cause of action shall arise against 26 the state, the Florida Healthy Kids Corporation, or a unit of 27 local government for failure to make health services available 28 under this section. 29 (4) CORPORATION AUTHORIZATION, DUTIES, POWERS.-- 30 (a) There is created the Florida Healthy Kids 31 Corporation, a not-for-profit corporation which operates on 82 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 sites designated by the corporation. 2 (b) The Florida Healthy Kids Corporation shall phase 3 in a program to: 4 1. Organize school children groups to facilitate the 5 provision of comprehensive health insurance coverage to 6 children; 7 2. Arrange for the collection of any family, local 8 contributions, or employer payment or premium, in an amount to 9 be determined by the board of directors, to provide for 10 payment of premiums for comprehensive insurance coverage and 11 for the actual or estimated administrative expenses; 12 3. Arrange for the collection of any voluntary 13 contributions to provide for payment of premiums for children 14 who are not eligible for medical assistance under Title XXI of 15 the Social Security Act. Each fiscal year, the corporation 16 shall establish a local match policy for the enrollment of 17 non-Title-XXI-eligible children in the Healthy Kids program. 18 By May 1 of each year, the corporation shall provide written 19 notification of the amount to be remitted to the corporation 20 for the following fiscal year under that policy. Local match 21 sources may include, but are not limited to, funds provided by 22 municipalities, counties, school boards, hospitals, health 23 care providers, charitable organizations, special taxing 24 districts, and private organizations. The minimum local match 25 cash contributions required each fiscal year and local match 26 credits shall be determined by the General Appropriations Act. 27 The corporation shall calculate a county's local match rate 28 based upon that county's percentage of the state's total 29 non-Title-XXI expenditures as reported in the corporation's 30 most recently audited financial statement. In awarding the 31 local match credits, the corporation may consider factors 83 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 including, but not limited to, population density, per-capita 2 income, and existing child-health-related expenditures and 3 services; 4 4. Accept voluntary supplemental local match 5 contributions that comply with the requirements of Title XXI 6 of the Social Security Act for the purpose of providing 7 additional coverage in contributing counties under Title XXI; 8 5.3. Establish the administrative and accounting 9 procedures for the operation of the corporation; 10 6.4. Establish, with consultation from appropriate 11 professional organizations, standards for preventive health 12 services and providers and comprehensive insurance benefits 13 appropriate to children; provided that such standards for 14 rural areas shall not limit primary care providers to 15 board-certified pediatricians; 16 7.5. Establish eligibility criteria which children 17 must meet in order to participate in the program; 18 8.6. Establish procedures under which providers of 19 local match to, applicants to and participants in the program 20 may have grievances reviewed by an impartial body and reported 21 to the board of directors of the corporation; 22 9.7. Establish participation criteria and, if 23 appropriate, contract with an authorized insurer, health 24 maintenance organization, or insurance administrator to 25 provide administrative services to the corporation; 26 10.8. Establish enrollment criteria which shall 27 include penalties or waiting periods of not fewer than 60 days 28 for reinstatement of coverage upon voluntary cancellation for 29 nonpayment of family premiums; 30 11.9. If a space is available, establish a special 31 open enrollment period of 30 days' duration for any child who 84 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 is enrolled in Medicaid or Medikids if such child loses 2 Medicaid or Medikids eligibility and becomes eligible for the 3 Florida Healthy Kids program; 4 12.10. Contract with authorized insurers or any 5 provider of health care services, meeting standards 6 established by the corporation, for the provision of 7 comprehensive insurance coverage to participants. Such 8 standards shall include criteria under which the corporation 9 may contract with more than one provider of health care 10 services in program sites. Health plans shall be selected 11 through a competitive bid process. The selection of health 12 plans shall be based primarily on quality criteria established 13 by the board. The health plan selection criteria and scoring 14 system, and the scoring results, shall be available upon 15 request for inspection after the bids have been awarded; 16 13. Establish disenrollment criteria in the event 17 local matching funds are insufficient to cover enrollments; 18 14.11. Develop and implement a plan to publicize the 19 Florida Healthy Kids Corporation, the eligibility requirements 20 of the program, and the procedures for enrollment in the 21 program and to maintain public awareness of the corporation 22 and the program; 23 15.12. Secure staff necessary to properly administer 24 the corporation. Staff costs shall be funded from state and 25 local matching funds and such other private or public funds as 26 become available. The board of directors shall determine the 27 number of staff members necessary to administer the 28 corporation; 29 16.13. As appropriate, enter into contracts with local 30 school boards or other agencies to provide onsite information, 31 enrollment, and other services necessary to the operation of 85 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the corporation; 2 17.14. Provide a report on an annual basis to the 3 Governor, Insurance Commissioner, Commissioner of Education, 4 Senate President, Speaker of the House of Representatives, and 5 Minority Leaders of the Senate and the House of 6 Representatives; 7 18.15. Each fiscal year, establish a maximum number of 8 participants by county, on a statewide basis, who may enroll 9 in the program without the benefit of local matching funds. 10 Thereafter, the corporation may establish local matching 11 requirements for supplemental participation in the program. 12 The corporation may vary local matching requirements and 13 enrollment by county depending on factors which may influence 14 the generation of local match, including, but not limited to, 15 population density, per capita income, existing local tax 16 effort, and other factors. The corporation also may accept 17 in-kind match in lieu of cash for the local match requirement 18 to the extent allowed by Title XXI of the Social Security Act; 19 and 20 19.16. Establish eligibility criteria, premium and 21 cost-sharing requirements, and benefit packages which conform 22 to the provisions of the Florida Kidcare program, as created 23 in ss. 409.810-409.820. 24 (c) Coverage under the corporation's program is 25 secondary to any other available private coverage held by the 26 participant child or family member. The corporation may 27 establish procedures for coordinating benefits under this 28 program with benefits under other public and private coverage. 29 (d) The Florida Healthy Kids Corporation shall be a 30 private corporation not for profit, organized pursuant to 31 chapter 617, and shall have all powers necessary to carry out 86 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the purposes of this act, including, but not limited to, the 2 power to receive and accept grants, loans, or advances of 3 funds from any public or private agency and to receive and 4 accept from any source contributions of money, property, 5 labor, or any other thing of value, to be held, used, and 6 applied for the purposes of this act. 7 (5) BOARD OF DIRECTORS.-- 8 (a) The Florida Healthy Kids Corporation shall operate 9 subject to the supervision and approval of a board of 10 directors chaired by the Insurance Commissioner or her or his 11 designee, and composed of 14 12 other members selected for 12 3-year terms of office as follows: 13 1. One member appointed by the Commissioner of 14 Education from among three persons nominated by the Florida 15 Association of School Administrators; 16 2. One member appointed by the Commissioner of 17 Education from among three persons nominated by the Florida 18 Association of School Boards; 19 3. One member appointed by the Commissioner of 20 Education from the Office of School Health Programs of the 21 Florida Department of Education; 22 4. One member appointed by the Governor from among 23 three members nominated by the Florida Pediatric Society; 24 5. One member, appointed by the Governor, who 25 represents the Children's Medical Services Program; 26 6. One member appointed by the Insurance Commissioner 27 from among three members nominated by the Florida Hospital 28 Association; 29 7. Two members, appointed by the Insurance 30 Commissioner, who are representatives of authorized health 31 care insurers or health maintenance organizations; 87 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 8. One member, appointed by the Insurance 2 Commissioner, who represents the Institute for Child Health 3 Policy; 4 9. One member, appointed by the Governor, from among 5 three members nominated by the Florida Academy of Family 6 Physicians; 7 10. One member, appointed by the Governor, who 8 represents the Agency for Health Care Administration; and 9 11. The State Health Officer or her or his designee;. 10 12. One member, appointed by the Insurance 11 Commissioner from among three members nominated by the Florida 12 Association of Counties, representing rural counties; and 13 13. One member, appointed by the Governor from among 14 three members nominated by the Florida Association of 15 Counties, representing urban counties. 16 (b) A member of the board of directors may be removed 17 by the official who appointed that member. The board shall 18 appoint an executive director, who is responsible for other 19 staff authorized by the board. 20 (c) Board members are entitled to receive, from funds 21 of the corporation, reimbursement for per diem and travel 22 expenses as provided by s. 112.061. 23 (d) There shall be no liability on the part of, and no 24 cause of action shall arise against, any member of the board 25 of directors, or its employees or agents, for any action they 26 take in the performance of their powers and duties under this 27 act. 28 (6) LICENSING NOT REQUIRED; FISCAL OPERATION.-- 29 (a) The corporation shall not be deemed an insurer. 30 The officers, directors, and employees of the corporation 31 shall not be deemed to be agents of an insurer. Neither the 88 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 corporation nor any officer, director, or employee of the 2 corporation is subject to the licensing requirements of the 3 insurance code or the rules of the Department of Insurance. 4 However, any marketing representative utilized and compensated 5 by the corporation must be appointed as a representative of 6 the insurers or health services providers with which the 7 corporation contracts. 8 (b) The board has complete fiscal control over the 9 corporation and is responsible for all corporate operations. 10 (c) The Department of Insurance shall supervise any 11 liquidation or dissolution of the corporation and shall have, 12 with respect to such liquidation or dissolution, all power 13 granted to it pursuant to the insurance code. 14 (7) ACCESS TO RECORDS; CONFIDENTIALITY; 15 PENALTIES.--Notwithstanding any other laws to the contrary, 16 the Florida Healthy Kids Corporation shall have access to the 17 medical records of a student upon receipt of permission from a 18 parent or guardian of the student. Such medical records may 19 be maintained by state and local agencies. Any identifying 20 information, including medical records and family financial 21 information, obtained by the corporation pursuant to this 22 subsection is confidential and is exempt from the provisions 23 of s. 119.07(1). Neither the corporation nor the staff or 24 agents of the corporation may release, without the written 25 consent of the participant or the parent or guardian of the 26 participant, to any state or federal agency, to any private 27 business or person, or to any other entity, any confidential 28 information received pursuant to this subsection. A violation 29 of this subsection is a misdemeanor of the second degree, 30 punishable as provided in s. 775.082 or s. 775.083. 31 Section 33. Paragraph (a) of subsection (2) of section 89 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 627.6425, Florida Statutes, is amended to read: 2 627.6425 Renewability of individual coverage.-- 3 (2) An insurer may nonrenew or discontinue health 4 insurance coverage of an individual in the individual market 5 based only on one or more of the following: 6 (a) The individual has failed to pay premiums, or 7 contributions, or a required copayment payable to the insurer 8 in accordance with the terms of the health insurance coverage 9 or the insurer has not received timely premium payments. When 10 the copayment is payable to the insurer and exceeds $300, the 11 insurer shall allow the insured up to 90 days after the date 12 of the procedure to pay the required copayment. The insurer 13 shall print in 10-point type on the Declaration of Benefits 14 page notification that the insured could be terminated for 15 failure to make any required copayment to the insurer. 16 Section 34. Subsection (2) of section 766.110, Florida 17 Statutes, is amended to read: 18 766.110 Liability of health care facilities.-- 19 (2) Every hospital licensed under chapter 395 may 20 carry liability insurance or adequately insure itself in an 21 amount of not less than $1.5 million per claim, $5 million 22 annual aggregate to cover all medical injuries to patients 23 resulting from negligent acts or omissions on the part of 24 those members of its medical staff who are covered thereby in 25 furtherance of the requirements of ss. 458.320 and 459.0085. 26 Self-insurance coverage extended hereunder to a member of a 27 hospital's medical staff meets the financial responsibility 28 requirements of ss. 458.320 and 459.0085 if the physician's 29 coverage limits are not less than the minimum limits 30 established in ss. 458.320 and 459.0085 and the hospital is a 31 verified trauma center as of July 1, 1990, that has extended 90 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 self-insurance coverage continuously to members of its medical 2 staff for activities both inside and outside of the hospital 3 since January 1, 1987. Any insurer authorized to write 4 casualty insurance may make available, but shall not be 5 required to write, such coverage. The hospital may assess on 6 an equitable and pro rata basis the following professional 7 health care providers for a portion of the total hospital 8 insurance cost for this coverage: physicians licensed under 9 chapter 458, osteopathic physicians licensed under chapter 10 459, podiatric physicians licensed under chapter 461, dentists 11 licensed under chapter 466, and nurses licensed under part I 12 of chapter 464. The hospital may provide for a deductible 13 amount to be applied against any individual health care 14 provider found liable in a law suit in tort or for breach of 15 contract. The legislative intent in providing for the 16 deductible to be applied to individual health care providers 17 found negligent or in breach of contract is to instill in each 18 individual health care provider the incentive to avoid the 19 risk of injury to the fullest extent and ensure that the 20 citizens of this state receive the highest quality health care 21 obtainable. 22 Section 35. Paragraph (e) of subsection (8) and 23 subsection (28) of section 393.063, Florida Statutes, are 24 amended to read: 25 393.063 Definitions.--For the purposes of this 26 chapter: 27 (8) "Comprehensive transitional education program" 28 means a group of jointly operating centers or units, the 29 collective purpose of which is to provide a sequential series 30 of educational care, training, treatment, habilitation, and 31 rehabilitation services to persons who have developmental 91 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 disabilities, as defined in subsection (12), and who have 2 severe or moderate maladaptive behaviors. However, nothing in 3 this subsection shall require comprehensive transitional 4 education programs to provide services only to persons with 5 developmental disabilities, as defined in subsection (12). 6 All such services shall be temporary in nature and delivered 7 in a structured residential setting with the primary goal of 8 incorporating the normalization principle to establish 9 permanent residence for persons with maladaptive behaviors in 10 facilities not associated with the comprehensive transitional 11 education program. The staff shall include psychologists and 12 teachers, and such staff personnel shall be available to 13 provide services in each component center or unit of the 14 program. The psychologists shall be individuals who are 15 licensed in this state and certified as behavior analysts in 16 this state, or individuals who meet the professional 17 requirements established by the department for district 18 behavior analysts and are certified as behavior analysts in 19 this state. 20 (e) This subsection shall authorize licensure for 21 comprehensive transitional education programs which by July 1, 22 1989: 23 1. Are in actual operation; or 24 2. Own a fee simple interest in real property for 25 which a county or city government has approved zoning allowing 26 for the placement of the facilities described in this 27 subsection, and have registered an intent with the department 28 to operate a comprehensive transitional education program. 29 However, nothing shall prohibit the assignment by such a 30 registrant to another entity at a different site within the 31 state, so long as there is compliance with all criteria of the 92 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 comprehensive transitional education program and local zoning 2 requirements and provided that each residential facility 3 within the component centers or units of the program 4 authorized under this subparagraph shall not exceed a capacity 5 of 15 persons. 6 (28) "Intermediate care facility for the 7 developmentally disabled" or "ICF/DD" means a 8 state-owned-and-operated residential facility licensed and 9 certified in accordance with state law, and certified by the 10 Federal Government pursuant to the Social Security Act, as a 11 provider of Medicaid services to persons who are 12 developmentally disabled mentally retarded or who have related 13 conditions. The capacity of such a facility shall not be more 14 than 120 clients. 15 Section 36. Section 400.965, Florida Statutes, is 16 amended to read: 17 400.965 Action by agency against licensee; grounds.-- 18 (1) Any of the following conditions constitute grounds 19 for action by the agency against a licensee: 20 (a) A misrepresentation of a material fact in the 21 application; 22 (b) The commission of an intentional or negligent act 23 materially affecting the health or safety of residents of the 24 facility; 25 (c) A violation of any provision of this part or rules 26 adopted under this part; or 27 (d) The commission of any act constituting a ground 28 upon which application for a license may be denied. 29 (2) If the agency has a reasonable belief that any of 30 such conditions exists, it shall: 31 (a) In the case of an applicant for original 93 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 licensure, deny the application. 2 (b) In the case of an applicant for relicensure or a 3 current licensee, take administrative action as provided in s. 4 400.968 or s. 400.969 or injunctive action as authorized by s. 5 400.963. 6 (c) In the case of a facility operating without a 7 license, take injunctive action as authorized in s. 400.963. 8 Section 37. Subsection (4) of section 400.968, Florida 9 Statutes, is renumbered as section 400.969, Florida Statutes, 10 and amended to read: 11 400.969 Violation of part; penalties.-- 12 (1)(4)(a) Except as provided in s. 400.967(3), a 13 violation of any provision of this part section or rules 14 adopted by the agency under this part section is punishable by 15 payment of an administrative or civil penalty not to exceed 16 $5,000. 17 (2)(b) A violation of this part section or of rules 18 adopted under this part section is a misdemeanor of the first 19 degree, punishable as provided in s. 775.082 or s. 775.083. 20 Each day of a continuing violation is a separate offense. 21 Section 38. Paragraph (a) of subsection (1) of section 22 499.012, Florida Statutes, is amended to read: 23 499.012 Wholesale distribution; definitions; permits; 24 general requirements.-- 25 (1) As used in this section, the term: 26 (a) "Wholesale distribution" means distribution of 27 prescription drugs to persons other than a consumer or 28 patient, but does not include: 29 1. Any of the following activities, which is not a 30 violation of s. 499.005(21) if such activity is conducted in 31 accordance with s. 499.014: 94 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 a. The purchase or other acquisition by a hospital or 2 other health care entity that is a member of a group 3 purchasing organization of a prescription drug for its own use 4 from the group purchasing organization or from other hospitals 5 or health care entities that are members of that organization. 6 b. The sale, purchase, or trade of a prescription drug 7 or an offer to sell, purchase, or trade a prescription drug by 8 a charitable organization described in s. 501(c)(3) of the 9 Internal Revenue Code of 1986, as amended and revised, to a 10 nonprofit affiliate of the organization to the extent 11 otherwise permitted by law. 12 c. The sale, purchase, or trade of a prescription drug 13 or an offer to sell, purchase, or trade a prescription drug 14 among hospitals or other health care entities that are under 15 common control. For purposes of this section, "common control" 16 means the power to direct or cause the direction of the 17 management and policies of a person or an organization, 18 whether by ownership of stock, by voting rights, by contract, 19 or otherwise. 20 d. The sale, purchase, trade, or other transfer of a 21 prescription drug from or for any federal, state, or local 22 government agency or any entity eligible to purchase 23 prescription drugs at public health services prices pursuant 24 to Pub. L. No. 102-585, s. 602 to a contract provider or its 25 subcontractor for eligible patients of the agency or entity 26 under the following conditions: 27 (I) The agency or entity must obtain written 28 authorization for the sale, purchase, trade, or other transfer 29 of a prescription drug under this sub-subparagraph from the 30 Secretary of Health or his or her designee. 31 (II) The contract provider or subcontractor must be 95 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 authorized by law to administer or dispense prescription 2 drugs. 3 (III) In the case of a subcontractor, the agency or 4 entity must be a party to and execute the subcontract. 5 (IV) A contract provider or subcontractor must 6 maintain separate and apart from other prescription drug 7 inventory any prescription drugs of the agency or entity in 8 its possession. 9 (V) The contract provider and subcontractor must 10 maintain and produce immediately for inspection all records of 11 movement or transfer of all the prescription drugs belonging 12 to the agency or entity, including, but not limited to, the 13 records of receipt and disposition of prescription drugs. Each 14 contractor and subcontractor dispensing or administering these 15 drugs must maintain and produce records documenting the 16 dispensing or administration. Records that are required to be 17 maintained include, but are not limited to, a perpetual 18 inventory itemizing drugs received and drugs dispensed by 19 prescription number or administered by patient identifier, 20 which must be submitted to the agency or entity quarterly. 21 (VI) The contract provider or subcontractor may 22 administer or dispense the prescription drugs only to the 23 eligible patients of the agency or entity or must return the 24 prescription drugs for or to the agency or entity. The 25 contract provider or subcontractor must require proof from 26 each person seeking to fill a prescription or obtain treatment 27 that the person is an eligible patient of the agency or entity 28 and must, at a minimum, maintain a copy of this proof as part 29 of the records of the contractor or subcontractor required 30 under sub-sub-subparagraph (V). 31 (VII) The prescription drugs transferred pursuant to 96 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 this sub-subparagraph may not be billed to Medicaid. 2 (VII)(VIII) In addition to the departmental inspection 3 authority set forth in s. 499.051, the establishment of the 4 contract provider and subcontractor and all records pertaining 5 to prescription drugs subject to this sub-subparagraph shall 6 be subject to inspection by the agency or entity. All records 7 relating to prescription drugs of a manufacturer under this 8 sub-subparagraph shall be subject to audit by the manufacturer 9 of those drugs, without identifying individual patient 10 information. 11 2. Any of the following activities, which is not a 12 violation of s. 499.005(21) if such activity is conducted in 13 accordance with rules established by the department: 14 a. The sale, purchase, or trade of a prescription drug 15 among federal, state, or local government health care entities 16 that are under common control and are authorized to purchase 17 such prescription drug. 18 b. The sale, purchase, or trade of a prescription drug 19 or an offer to sell, purchase, or trade a prescription drug 20 for emergency medical reasons. For purposes of this 21 sub-subparagraph, the term "emergency medical reasons" 22 includes transfers of prescription drugs by a retail pharmacy 23 to another retail pharmacy to alleviate a temporary shortage. 24 c. The transfer of a prescription drug acquired by a 25 medical director on behalf of a licensed emergency medical 26 services provider to that emergency medical services provider 27 and its transport vehicles for use in accordance with the 28 provider's license under chapter 401. 29 d. The revocation of a sale or the return of a 30 prescription drug to the person's prescription drug wholesale 31 supplier. 97 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 e. The donation of a prescription drug by a health 2 care entity to a charitable organization that has been granted 3 an exemption under s. 501(c)(3) of the Internal Revenue Code 4 of 1986, as amended, and that is authorized to possess 5 prescription drugs. 6 f. The transfer of a prescription drug by a person 7 authorized to purchase or receive prescription drugs to a 8 person licensed or permitted to handle reverse distributions 9 or destruction under the laws of the jurisdiction in which the 10 person handling the reverse distribution or destruction 11 receives the drug. 12 3. The distribution of prescription drug samples by 13 manufacturers' representatives or distributors' 14 representatives conducted in accordance with s. 499.028. 15 4. The sale, purchase, or trade of blood and blood 16 components intended for transfusion. As used in this 17 subparagraph, the term "blood" means whole blood collected 18 from a single donor and processed either for transfusion or 19 further manufacturing, and the term "blood components" means 20 that part of the blood separated by physical or mechanical 21 means. 22 5. The lawful dispensing of a prescription drug in 23 accordance with chapter 465. 24 Section 39. The Legislature finds that the home and 25 community-based services delivery system for persons with 26 developmental disabilities and the availability of 27 appropriated funds are two of the critical elements in making 28 services available. Therefore, it is the intent of the 29 Legislature that the Department of Children and Family 30 Services shall develop and implement a comprehensive redesign 31 of the system. The redesign shall include, at a minimum, all 98 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 actions necessary to achieve an appropriate rate structure, 2 client choice within a specified service package, appropriate 3 assessment strategies, an efficient billing process that 4 contains reconciliation and monitoring components, a redefined 5 role for support coordinators that avoids potential conflicts 6 of interest, and family/client budgets linked to levels of 7 need. Prior to the release of funds in the lump-sum 8 appropriation, the department shall present a plan to the 9 Executive Office of the Governor, the House Fiscal 10 Responsibility Council, and the Senate Appropriations 11 Committee. The plan must result in a full implementation of 12 the redesigned system no later than July 1, 2003. At a 13 minimum, the plan must provide that the portions related to 14 direct provider enrollment and billing will be operational no 15 later than March 31, 2003. The plan must further provide that 16 a more effective needs assessment instrument will be deployed 17 by January 1, 2003, and that all clients will be assessed with 18 this device by June 30, 2003. In no event may the department 19 select an assessment instrument without appropriate evidence 20 that it will be reliable and valid. Once such evidence has 21 been obtained, however, the department shall determine the 22 feasibility of contracting with an external vendor to apply 23 the new assessment device to all clients receiving services 24 through the Medicaid waiver. In lieu of using an external 25 vendor, the department may use support coordinators for the 26 assessments if it develops sufficient safeguards and training 27 to significantly improve the inter-rater reliability of the 28 support coordinators administering the assessment. 29 Section 40. (1) The Agency for Health Care 30 Administration shall conduct a study of health care services 31 provided to children in the state who are medically fragile or 99 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 dependent on medical technology and conduct a pilot program in 2 Miami-Dade County to provide subacute pediatric transitional 3 care to a maximum of 30 children at any one time. The purposes 4 of the study and the pilot program are to determine ways to 5 permit children who are medically fragile or dependent on 6 medical technology to successfully make a transition from 7 acute care in a health care institution to live with their 8 families when possible, and to provide cost-effective, 9 subacute transitional care services. 10 (2) The agency, in cooperation with the Children's 11 Medical Services Program in the Department of Health, shall 12 conduct a study to identify the total number of children who 13 are medically fragile or dependent on medical technology, from 14 birth through age 21, in the state. By January 1, 2003, the 15 agency must report to the Legislature regarding the children's 16 ages, the locations where the children are served, the types 17 of services received, itemized costs of the services, and the 18 sources of funding that pay for the services, including the 19 proportional share when more than one funding source pays for 20 a service. The study must include information regarding 21 children who are medically fragile or dependent on medical 22 technology residing in hospitals, nursing homes, and medical 23 foster care, and those who live with their parents. The study 24 must describe children served in prescribed pediatric 25 extended-care centers, including their ages and the services 26 they receive. The report must identify the total services 27 provided for each child and the method for paying for those 28 services. The report must also identify the number of such 29 children who could, if appropriate transitional services were 30 available, return home or move to a less institutional 31 setting. 100 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (3) Within 30 days after the effective date of this 2 act, the agency shall establish minimum staffing standards and 3 quality requirements for a subacute pediatric transitional 4 care center to be operated as a 2-year pilot program in 5 Miami-Dade County. The pilot program must operate under the 6 license of a hospital licensed under chapter 395, Florida 7 Statutes, or a nursing home licensed under chapter 400, 8 Florida Statutes, and shall use existing beds in the hospital 9 or nursing home. A child's placement in the subacute pediatric 10 transitional care center may not exceed 90 days. The center 11 shall arrange for an alternative placement at the end of a 12 child's stay and a transitional plan for children expected to 13 remain in the facility for the maximum allowed stay. 14 (4) Within 60 days after the effective date of this 15 act, the agency must amend the state Medicaid plan and request 16 any federal waivers necessary to implement and fund the pilot 17 program. 18 (5) The subacute pediatric transitional care center 19 must require level 1 background screening as provided in 20 chapter 435, Florida Statutes, for all employees or 21 prospective employees of the center who are expected to, or 22 whose responsibilities may require them to, provide personal 23 care or services to children, have access to children's living 24 areas, or have access to children's funds or personal 25 property. 26 (6) The subacute pediatric transitional care center 27 must have an advisory board. Membership on the advisory board 28 must include, but need not be limited to: 29 (a) A physician and an advanced registered nurse 30 practitioner who is familiar with services for children who 31 are medically fragile or dependent on medical technology. 101 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (b) A registered nurse who has experience in the care 2 of children who are medically fragile or dependent on medical 3 technology. 4 (c) A child development specialist who has experience 5 in the care of children who are medically fragile or dependent 6 on medical technology, and their families. 7 (d) A social worker who has experience in the care of 8 children who are medically fragile or dependent on medical 9 technology, and their families. 10 (e) A consumer representative who is a parent or 11 guardian of a child placed in the center. 12 (7) The advisory board shall: 13 (a) Review the policy and procedure components of the 14 center to assure conformance with applicable standards 15 developed by the agency. 16 (b) Provide consultation with respect to the 17 operational and programmatic components of the center. 18 (8) The subacute pediatric transitional care center 19 must have written policies and procedures governing the 20 admission, transfer, and discharge of children. 21 (9) The admission of each child to the center must be 22 under the supervision of the center nursing administrator or 23 his or her designee and must be in accordance with the 24 center's policies and procedures. Each Medicaid admission must 25 be approved as appropriate for placement in the facility by 26 the Children's Medical Services Multidisciplinary Assessment 27 Team of the Department of Health, in conjunction with the 28 agency. 29 (10) Each child admitted to the center shall be 30 admitted upon prescription of the medical director of the 31 center, licensed pursuant to chapter 458 or chapter 459, 102 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Florida Statutes, and the child shall remain under the care of 2 the medical director and the advanced registered nurse 3 practitioner for the duration of his or her stay in the 4 center. 5 (11) Each child admitted to the center must meet at 6 least the following criteria: 7 (a) The child must be medically fragile or dependent 8 on medical technology. 9 (b) The child may not, prior to admission, present 10 significant risk of infection to other children or personnel. 11 The medical and nursing directors shall review, on a 12 case-by-case basis, the condition of any child who is 13 suspected of having an infectious disease to determine whether 14 admission is appropriate. 15 (c) The child must be medically stabilized and require 16 skilled nursing care or other interventions. 17 (12) If the child meets the criteria specified in 18 paragraphs (11)(a), (b), and (c), the medical director or 19 nursing director of the center shall implement a preadmission 20 plan that delineates services to be provided and appropriate 21 sources for such services. 22 (a) If the child is hospitalized at the time of 23 referral, preadmission planning must include the participation 24 of the child's parent or guardian and relevant medical, 25 nursing, social services, and developmental staff to assure 26 that the hospital's discharge plans will be implemented 27 following the child's placement in the center. 28 (b) A consent form outlining the purpose of the 29 center, family responsibilities, authorized treatment, 30 appropriate release of liability, and emergency disposition 31 plans must be signed by the parent or guardian and witnessed 103 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 before the child is admitted to the center. The parent or 2 guardian shall be provided a copy of the consent form. 3 (13) By January 1, 2003, the agency shall report to 4 the Legislature concerning the progress of the pilot program. 5 By January 1, 2004, the agency shall submit to the Legislature 6 a report on the success of the pilot program. 7 Section 41. (1) Notwithstanding s. 409.911(3), 8 Florida Statutes, for the state fiscal year 2002-2003 only, 9 the agency shall distribute moneys under the regular 10 disproportionate share program only to hospitals that meet the 11 federal minimum requirements and to public hospitals. Public 12 hospitals are defined as those hospitals identified as 13 government owned or operated in the Financial Hospital Uniform 14 Reporting System (FHURS) data available to the agency as of 15 January 1, 2002. The following methodology shall be used to 16 distribute disproportionate share dollars to hospitals that 17 meet the federal minimum requirements and to the public 18 hospitals: 19 (a) For hospitals that meet the federal minimum 20 requirements and do not qualify as a public hospital, the 21 following formula shall be used: 22 23 DSHP = (HMD/TMSD)*$1 million 24 25 DSHP = disproportionate share hospital payment. 26 HMD = hospital Medicaid days. 27 TSD = total state Medicaid days. 28 29 (b) The following formulas shall be used to pay 30 disproportionate share dollars to public hospitals: 31 1. For state mental health hospitals: 104 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 2 DSHP = (HMD/TMDMH) * TAAMH 3 4 The total amount available for the state mental 5 health hospitals shall be the difference 6 between the federal cap for Institutions for 7 Mental Diseases and the amounts paid under the 8 mental health disproportionate share program. 9 2. For non-state government owned or operated 10 hospitals with 3,200 or more Medicaid days: 11 12 DSHP = [(.82*HCCD/TCCD) + (.18*HMD/TMD)] * 13 TAAPH 14 TAAPH = TAA - TAAMH 15 16 3. For non-state government owned or operated 17 hospitals with less than 3,200 Medicaid days, a total of 18 $400,000 shall be distributed equally among these hospitals. 19 20 Where: 21 22 TAA = total available appropriation. 23 TAAPH = total amount available for public 24 hospitals. 25 TAAMH = total amount available for mental 26 health hospitals. 27 DSHP = disproportionate share hospital 28 payments. 29 HMD = hospital Medicaid days. 30 TMDMH = total state Medicaid days for mental 31 health days. 105 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 TMD = total state Medicaid days for public 2 hospitals. 3 HCCD = hospital charity care dollars. 4 TCCD = total state charity care dollars for 5 public non-state hospitals. 6 7 In computing the above amounts for public hospitals and 8 hospitals that qualify under the federal minimum requirements, 9 the agency shall use the 1997 audited data. In the event there 10 is no complete 1997 audited data for a hospital, the agency 11 shall use the 1994 audited data. 12 (2) Notwithstanding s. 409.9112, Florida Statutes, for 13 state fiscal year 2002-2003, only disproportionate share 14 payments to regional perinatal intensive care centers shall be 15 distributed in the same proportion as the disproportionate 16 share payments made to the regional perinatal intensive care 17 centers in the state fiscal year 2001-2002. 18 (3) Notwithstanding s. 409.9117, Florida Statutes, for 19 state fiscal year 2002-2003 only, disproportionate share 20 payments to hospitals that qualify for primary care 21 disproportionate share payments shall be distributed in the 22 same proportion as the primary care disproportionate share 23 payments made to those hospitals in the state fiscal year 24 2001-2002. 25 (4) For state fiscal year 2002-2003 only, no 26 disproportionate share payments shall be made to hospitals 27 under the provisions of s. 409.9119, Florida Statutes. If the 28 Centers for Medicare and Medicaid Services does not approve 29 Florida's inpatient hospital plan amendment for the public 30 disproportionate share program by November 1, 2002, the agency 31 may make payments to the two children's hospitals in the 106 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 amount of $3,682,293, distributed in the same proportion as 2 the children's disproportionate share payments in state fiscal 3 year 2001-2002. 4 (5) In the event the Centers for Medicare and Medicaid 5 Services does not approve Florida's inpatient hospital state 6 plan amendment for the public disproportionate share program 7 by November 1, 2002, the agency may make payments to hospitals 8 under the regular disproportionate share program, regional 9 perinatal intensive care centers disproportionate share 10 program, the children's hospital disproportionate share 11 program, and the primary care disproportionate share program 12 using the same methodologies used in state fiscal year 13 2001-2002. 14 (6) This section is repealed on July 1, 2003. 15 Section 42. The Agency for Health Care Administration 16 may conduct a 2-year pilot project to authorize overnight 17 stays in one ambulatory surgical center located in Acute Care 18 Subdistrict 9-1. An overnight stay shall be permitted only to 19 perform plastic and reconstructive surgeries defined by 20 current procedural terminology code numbers 13000-19999. The 21 total time a patient is at the ambulatory surgical center 22 shall not exceed 23 hours and 59 minutes, including the 23 surgery time, and the maximum planned duration of all surgical 24 procedures combined shall not exceed 8 hours. Prior to 25 implementation of the pilot project, the agency shall 26 establish minimum requirements for protecting the health, 27 safety, and welfare of patients receiving overnight care. 28 These shall include, at a minimum, compliance with all 29 statutes and rules applicable to ambulatory surgical centers 30 and the requirements set forth in Rule 64B8-9.009, Florida 31 Administrative Code, relating to Level II and Level III 107 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 procedures. If the agency implements the pilot project, it 2 shall, within 6 months after its completion, submit a report 3 to the Legislature on whether to expand the pilot project to 4 include all ambulatory surgical centers. The recommendation 5 shall be based on consideration of the efficacy and impact to 6 patient safety and quality of patient care of providing 7 plastic and reconstructive surgeries in the ambulatory 8 surgical center setting. The agency is authorized to obtain 9 such data as necessary to implement this section. 10 Section 43. The Office of Program Policy Analysis and 11 Government Accountability, assisted by the Agency for Health 12 Care Administration, and the Florida Association of Counties, 13 shall perform a study to determine the fair share of the 14 counties' contribution to Medicaid nursing home costs. The 15 Office of Program Policy Analysis and Government 16 Accountability shall submit a report on the study to the 17 President of the Senate and the Speaker of the House of 18 Representatives by January 1, 2003. The report shall set out 19 no less than two options and shall make a recommendation as to 20 what would be a fair share of the costs for the counties' 21 contribution for fiscal year 2003-2004. The report shall also 22 set out options and make a recommendation to be considered to 23 ensure that the counties pay their fair share in subsequent 24 years. No recommendation shall be less than the counties' 25 current share of 1.5 percent. Each option shall include a 26 detailed explanation of the analysis that led to the 27 conclusion. 28 Section 44. (1) Effective July 1, 2002, all powers, 29 duties, functions, records, personnel, property, and 30 unexpended balances of appropriations, allocations, and other 31 funds of the Agency for Health Care Administration that relate 108 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 to consumer complaint services, investigations, and 2 prosecutorial services currently provided by the Agency for 3 Health Care Administration under a contract with the 4 Department of Health are transferred to the Department of 5 Health by a type two transfer, as defined in s. 20.06, Florida 6 Statutes. This transfer of funds shall include all advance 7 payments made from the Medical Quality Assurance Trust Fund to 8 the Agency for Health Care Administration. 9 (2) Effective July 1, 2002, 259 full-time equivalent 10 positions are eliminated from the Agency for Health Care 11 Administration's total number of authorized positions and 12 added to the Department of Health's total number of authorized 13 positions. However, should the General Appropriations Act for 14 fiscal year 2002-2003 reduce the number of positions from the 15 agency's practitioner regulation component, that provision 16 shall be construed to reduce the same number of full-time 17 equivalent positions from the practitioner regulation 18 component which are hereby transferred to the department. 19 (3) The interagency agreement between the Department 20 of Health and the Agency for Health Care Administration shall 21 terminate on June 30, 2002. 22 (4) The Department of Health may contract with the 23 Department of Legal Affairs for the investigative and 24 prosecutorial services transferred to the department. 25 Section 45. Paragraph (g) of subsection (3) of section 26 20.43, Florida Statutes, is amended to read: 27 20.43 Department of Health.--There is created a 28 Department of Health. 29 (3) The following divisions of the Department of 30 Health are established: 31 (g) Division of Medical Quality Assurance, which is 109 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 responsible for the following boards and professions 2 established within the division: 3 1. The Board of Acupuncture, created under chapter 4 457. 5 2. The Board of Medicine, created under chapter 458. 6 3. The Board of Osteopathic Medicine, created under 7 chapter 459. 8 4. The Board of Chiropractic Medicine, created under 9 chapter 460. 10 5. The Board of Podiatric Medicine, created under 11 chapter 461. 12 6. Naturopathy, as provided under chapter 462. 13 7. The Board of Optometry, created under chapter 463. 14 8. The Board of Nursing, created under part I of 15 chapter 464. 16 9. Nursing assistants, as provided under part II of 17 chapter 464. 18 10. The Board of Pharmacy, created under chapter 465. 19 11. The Board of Dentistry, created under chapter 466. 20 12. Midwifery, as provided under chapter 467. 21 13. The Board of Speech-Language Pathology and 22 Audiology, created under part I of chapter 468. 23 14. The Board of Nursing Home Administrators, created 24 under part II of chapter 468. 25 15. The Board of Occupational Therapy, created under 26 part III of chapter 468. 27 16. Respiratory therapy, as provided under part V of 28 chapter 468. 29 17. Dietetics and nutrition practice, as provided 30 under part X of chapter 468. 31 18. The Board of Athletic Training, created under part 110 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 XIII of chapter 468. 2 19. The Board of Orthotists and Prosthetists, created 3 under part XIV of chapter 468. 4 20. Electrolysis, as provided under chapter 478. 5 21. The Board of Massage Therapy, created under 6 chapter 480. 7 22. The Board of Clinical Laboratory Personnel, 8 created under part III of chapter 483. 9 23. Medical physicists, as provided under part IV of 10 chapter 483. 11 24. The Board of Opticianry, created under part I of 12 chapter 484. 13 25. The Board of Hearing Aid Specialists, created 14 under part II of chapter 484. 15 26. The Board of Physical Therapy Practice, created 16 under chapter 486. 17 27. The Board of Psychology, created under chapter 18 490. 19 28. School psychologists, as provided under chapter 20 490. 21 29. The Board of Clinical Social Work, Marriage and 22 Family Therapy, and Mental Health Counseling, created under 23 chapter 491. 24 25 The department may contract with the Agency for Health Care 26 Administration who shall provide consumer complaint, 27 investigative, and prosecutorial services required by the 28 Division of Medical Quality Assurance, councils, or boards, as 29 appropriate. 30 Section 46. Effective July 1, 2002, section 456.047, 31 Florida Statutes, is repealed. 111 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Section 47. Subsection (5) of section 414.41, Florida 2 Statutes, is repealed. 3 Section 48. If any provision of this act or its 4 application to any person or circumstance is held invalid, the 5 invalidity shall not affect other provisions or applications 6 of the act which can be given effect without the invalid 7 provision or application, and to this end the provisions of 8 this act are declared severable. 9 Section 49. If any law amended by this act was also 10 amended by a law enacted during the 2002 Regular Session of 11 the Legislature, such laws shall be construed to have been 12 enacted during the same session of the Legislature and full 13 effect shall be given to each if possible. 14 Section 50. Except as otherwise provided herein, this 15 act shall take effect upon becoming a law. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 remove: the entire title 21 22 and insert: 23 A bill to be entitled 24 An act relating to health care; amending s. 25 16.59, F.S.; specifying additional requirements 26 for the Medicaid Fraud Control Unit of the 27 Department of Legal Affairs and the Medicaid 28 program integrity program; amending s. 29 240.4075, F.S.; revising priority of awards 30 under the Nursing Student Loan Forgiveness 31 Program; amending s. 395.002, F.S.; redefining 112 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 "premises" for purposes of hospital licensing 2 and regulation; amending s. 395.003, F.S.; 3 revising provisions relating to such licensing, 4 including licensing of teaching hospitals; 5 amending s. 112.3187, F.S.; revising procedures 6 and requirements relating to whistle-blower 7 protection for reporting Medicaid fraud or 8 abuse; amending s. 400.141, F.S.; requiring 9 licensed nursing home facilities to maintain 10 general and professional liability insurance 11 coverage; requiring facilities to submit 12 information to the Agency for Health Care 13 Administration which shall provide reports 14 regarding facilities' litigation, complaints, 15 and deficiencies; amending s. 400.147, F.S.; 16 revising reporting requirements under facility 17 internal risk management and quality assurance 18 programs; providing for funding to expedite the 19 availability of nursing home liability 20 insurance; amending s. 400.179, F.S.; providing 21 an alternative to certain bond requirements for 22 protection against nursing home Medicaid 23 overpayments; providing for review and 24 rulemaking authority of the Agency for Health 25 Care Administration; providing for future 26 repeal; requiring a study and report; amending 27 s. 400.925, F.S.; eliminating the regulation of 28 certain home medical equipment by the Agency 29 for Health Care Administration; creating s. 30 408.831, F.S.; allowing the Agency for Health 31 Care Administration to take action against a 113 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 licensee in certain circumstances; reenacting 2 s. 409.8132(4), F.S., to incorporate amendments 3 to ss. 409.902, 409.907, 409.908, and 409.913, 4 F.S., in references thereto; amending s. 5 409.8177, F.S.; requiring the agency to 6 contract for evaluation of the Florida Kidcare 7 program; amending s. 409.902, F.S.; requiring 8 consent for release of medical records to the 9 agency and the Medicaid Fraud Control Unit as a 10 condition of Medicaid eligibility; amending s. 11 409.904, F.S.; revising eligibility standards 12 for certain Medicaid optional medical 13 assistance; amending s. 409.905, F.S.; 14 providing additional criteria for the agency to 15 adjust a hospital's inpatient per diem rate for 16 Medicaid; amending s. 409.906, F.S.; 17 authorizing the agency to make payments for 18 specified services which are optional under 19 Title XIX of the Social Security Act; amending 20 s. 409.9065, F.S.; providing a program name; 21 revising standards for pharmaceutical expense 22 assistance; amending s. 409.907, F.S.; 23 prescribing additional requirements with 24 respect to provider enrollment; requiring that 25 the Agency for Health Care Administration deny 26 a provider's application under certain 27 circumstances; amending s. 409.908, F.S.; 28 requiring retroactive calculation of cost 29 report if requirements for cost reporting are 30 not met; revising provisions relating to rate 31 adjustments to offset the cost of general and 114 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 professional liability insurance for nursing 2 homes; extending authorization for special 3 Medicaid payments to qualified providers; 4 providing for intergovernmental transfer of 5 payments; amending s. 409.911, F.S.; expanding 6 application of definitions; amending s. 7 409.9116, F.S.; revising the disproportionate 8 share/financial assistance program for rural 9 hospitals; amending s. 409.91195, F.S.; 10 granting interested parties opportunity to 11 present public testimony before the Medicaid 12 Pharmaceutical and Therapeutics Committee; 13 amending s. 409.912, F.S.; providing 14 requirements for contracts for Medicaid 15 behavioral health care services; 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. 20 409.9122, F.S.; revising procedures relating to 21 assignment of a Medicaid recipient to a managed 22 care plan or MediPass provider; granting agency 23 discretion to renew contracts; amending s. 24 409.913, F.S.; requiring that the agency and 25 Medicaid Fraud Control Unit annually submit a 26 report to the Legislature; defining 27 "complaint"; specifying additional requirements 28 for the Medicaid program integrity program and 29 the Medicaid Fraud Control Unit of the 30 Department of Legal Affairs; requiring 31 imposition of sanctions or disincentives, 115 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 except under certain circumstances; providing 2 additional sanctions and disincentives; 3 providing additional grounds under which the 4 agency may terminate a provider's participation 5 in the Medicaid program; providing additional 6 requirements for administrative hearings; 7 providing additional grounds for withholding 8 payments to a provider; authorizing the agency 9 and the Medicaid Fraud Control Unit to review 10 certain records; requiring review by the 11 Attorney General of certain settlements; 12 requiring review by the Auditor General of 13 certain cost reports; amending s. 409.920, 14 F.S.; providing additional duties of the 15 Medicaid Fraud Control Unit; amending s. 16 624.91, F.S.; revising duties of the Florida 17 Healthy Kids Corporation with respect to annual 18 determination of participation in the Healthy 19 Kids program; prescribing duties of the 20 corporation in establishing local match 21 requirements; revising composition of the board 22 of directors; amending s. 627.6425, F.S.; 23 revising requirements for nonrenewal or 24 discontinuance of individual health insurance 25 coverage; amending s. 766.110, F.S.; removing 26 certain restrictions on the authority of 27 licensed hospitals to provide self-insurance 28 coverage for hospital medical staff; amending 29 s. 393.063, F.S.; authorizing licensure of 30 certain comprehensive transitional education 31 programs for persons with developmental 116 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 disabilities; revising definition of 2 "intermediate care facility for the 3 developmentally disabled"; amending ss. 400.965 4 and 400.968, F.S.; providing penalties for 5 violation of pt. XI of ch. 400, F.S., relating 6 to intermediate care facilities for 7 developmentally disabled persons; amending s. 8 499.012, F.S.; redefining "wholesale 9 distribution" with respect to regulation of 10 distribution of prescription drugs; requiring 11 the Department of Children and Family Services 12 to develop and implement a comprehensive 13 redesign of the home and community-based 14 services delivery system for persons with 15 developmental disabilities; restricting certain 16 release of funds; providing an implementation 17 schedule; requiring the Agency for Health Care 18 Administration to conduct a study of health 19 care services provided to children who are 20 medically fragile or dependent on medical 21 technology; requiring the Agency for Health 22 Care Administration to conduct a pilot program 23 for a subacute pediatric transitional care 24 center; requiring background screening of 25 center personnel; requiring the agency to amend 26 the Medicaid state plan and seek federal 27 waivers as necessary; requiring the center to 28 have an advisory board; providing for 29 membership on the advisory board; providing 30 requirements for the admission, transfer, and 31 discharge of a child to the center; requiring 117 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the agency to submit certain reports to the 2 Legislature; providing guidelines for the 3 agency regarding distribution of 4 disproportionate share funds during the 5 2002-2003 fiscal year; authorizing the Agency 6 for Health Care Administration to conduct a 7 pilot project on overnight stays in an 8 ambulatory surgical center; directing the 9 Office of Program Policy Analysis and 10 Government Accountability to perform a study of 11 county contributions to Medicaid nursing home 12 costs; requiring a report and recommendations; 13 transferring to the Department of Health the 14 powers, duties, functions, and assets that 15 relate to the consumer complaint services, 16 investigations, and prosecutorial services 17 performed by the Agency for Health Care 18 Administration under contract with the 19 department; transferring full-time equivalent 20 positions and the practitioner regulation 21 component from the agency to the department; 22 terminating an interagency agreement; 23 authorizing the department to contract with the 24 Department of Legal Affairs; amending s. 20.43, 25 F.S.; deleting the provision authorizing the 26 department to enter into such contract with the 27 agency, to conform; repealing s. 456.047, F.S., 28 relating to standardized credentialing for 29 health care practitioners; repealing s. 30 414.41(5), F.S., relating to interest imposed 31 upon the recovery amount of medical assistance 118 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927
CONFERENCE COMMITTEE AMENDMENT 187-994AXA-08 Bill No. HB 59-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 overpayments; providing severability; providing 2 for construction of laws enacted at the 2002 3 Regular Session in relation to this act; 4 providing effective dates. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 119 File original & 9 copies 05/10/02 hbd0005 10:13 am E0059-0117-931927