SENATE AMENDMENT
    Bill No. CS for CS for SB 400
    Amendment No. ___   Barcode 511996
                            CHAMBER ACTION
              Senate                               House
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       04/30/2003 01:38 PM         .                    
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11  Senator Saunders moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 73, after line 31,
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16  insert:  
17         Section 34.  Section 154.306, Florida Statutes, is
18  amended to read:
19         154.306  Financial responsibility for certified
20  residents who are qualified indigent patients treated at an
21  out-of-county participating hospital or regional referral
22  hospital.--Ultimate financial responsibility for treatment
23  received at a participating hospital or a regional referral
24  hospital or a state-approved trama center by a qualified
25  indigent patient who is a certified resident of a county in
26  the State of Florida, but is not a resident of the county in
27  which the participating hospital or regional referral hospital
28  or a state-approved trama center is located, is the obligation
29  of the county of which the qualified indigent patient is a
30  resident. Each county shall reimburse participating hospitals
31  or regional referral hospitals or a state-approved trauma
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SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 511996 1 center as provided for in this part, and shall provide or 2 arrange for indigent eligibility determination procedures and 3 resident certification determination procedures as provided 4 for in rules developed to implement this part. The agency, or 5 any county determining eligibility of a qualified indigent, 6 shall provide to the county of residence, upon request, a copy 7 of any documents, forms, or other information, as determined 8 by rule, which may be used in making an eligibility 9 determination. 10 (1) A county's financial obligation for each certified 11 resident who qualifies as an indigent patient under this part, 12 and who has received treatment at an out-of-county hospital, 13 shall not exceed 45 days per county fiscal year at a rate of 14 payment equivalent to 100 percent of the per diem 15 reimbursement rate currently in effect for the out-of-county 16 hospital under the medical assistance program for the needy 17 under Title XIX of the Social Security Act, as amended, except 18 that those counties that are at their 10-mill cap on October 19 1, 1991, shall reimburse hospitals for such services at not 20 less than 80 percent of the hospital Medicaid per diem. 21 However, nothing in this section shall preclude a hospital 22 that has a formal signed agreement with a county to treat such 23 county's indigents from negotiating a higher or lower per diem 24 rate with the county. No county shall be required to pay more 25 than the equivalent of $4 per capita in the county's fiscal 26 year. The agency shall calculate and certify to each county 27 by March 1 of each year, the maximum amount the county may be 28 required to pay by multiplying the most recent official state 29 population estimate for the total population of the county by 30 $4 per capita. Each county shall certify to the agency within 31 60 days after the end of the county's fiscal year, or upon 2 2:21 PM 04/29/03 s0400c2c-37c3t
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 511996 1 reaching the $4 per capita threshold, should that occur before 2 the end of the fiscal year, the amount of reimbursement it 3 paid to all out-of-county hospitals under this part. The 4 maximum amount a county may be required to pay to 5 out-of-county hospitals for care provided to qualified 6 indigent residents may be reduced by up to one-half, provided 7 that the amount not paid has or is being spent for in-county 8 hospital care provided to qualified indigent residents. 9 (2) No county shall be required to pay for any 10 elective or nonemergency admissions or services at an 11 out-of-county hospital for a qualified indigent who is a 12 certified resident of the county if the county provides 13 funding for such services and the services are available at a 14 local hospital in the county where the indigent resides; or 15 the out-of-county hospital has not obtained prior written 16 authorization and approval for such hospital admission or 17 service, provided that the resident county has established a 18 procedure to authorize and approve such admissions. 19 (3) For the purpose of computing the maximum amount 20 that a county having a population of 100,000 or less may be 21 required to pay, the agency must reduce the official state 22 population estimates by the number of inmates and patients 23 residing in the county in institutions operated by the Federal 24 Government, the Department of Corrections, the Department of 25 Health, or the Department of Children and Family Services, and 26 by the number of active-duty military personnel residing in 27 the county, all of whom shall not be considered residents of 28 the county. However, a county is entitled to receive the 29 benefit of such a reduction in estimated population figures 30 only if the county accepts as valid and true, and does not 31 require any reverification of, the documentation of financial 3 2:21 PM 04/29/03 s0400c2c-37c3t
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 511996 1 eligibility and county residency which is provided to it by 2 the participating hospital or regional referral hospital. The 3 participating hospital or regional referral hospital must 4 provide documentation that is complete and in the form 5 required by s. 154.3105. 6 (4) The county where the indigent resides shall, in 7 all instances, be liable for the cost of treatment provided to 8 a qualified indigent patient at an out-of-county hospital for 9 any emergency medical condition which will deteriorate from 10 failure to provide such treatment if such condition is 11 determined and documented by the attending physician to be of 12 an emergency nature; provided that the patient has been 13 certified to be a resident of such county pursuant to s. 14 154.309. 15 (5) No county shall be liable for payment for 16 treatment of a qualified indigent who is a certified resident 17 and has received services at an out-of-county participating 18 hospital or regional referral hospital, until such time as 19 that hospital has documented to the agency and the agency has 20 determined that it has met its charity care obligation based 21 on the most recent audited actual experience. 22 Section 35. Section 154.317, Florida Statutes, is 23 created to read: 24 154.317 County financial responsibility for trauma 25 care.-- 26 (1) Notwithstanding ss. 154.301-154.316, each county 27 shall participate in supporting a regionalized system of 28 trauma care which provides reimbursement to hospitals that are 29 trauma centers, approved in accordance with s. 395.4025. 30 Financial responsibility shall be limited to uninsured or 31 underinsured inpatients with primary or secondary diagnoses of 4 2:21 PM 04/29/03 s0400c2c-37c3t
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 511996 1 DRG 484-487. For purposes of this section, the term, 2 "underinsured" means insurance coverage for a person who is an 3 inpatient which is inadequate to cover the cost of that 4 patient's care. 5 (2) Payment levels may not exceed the statewide 6 average cost per trauma patient in each level of designated 7 trauma center. Initial payment rates, subject to annual 8 updates by the Agency for Health Care Administration are: 9 (a) Level I: $14,000 per trauma patient; 10 (b) Level II: $9,000 per trauma patient; and 11 (c) Pediatric: $6,000 per trauma patient. 12 (3) Counties shall be designated as responsible for 13 payment if: 14 (a) The county of residence has unspent funds received 15 under this part at the end of the fiscal year in which the 16 hospitalization occurs. 17 (b) The responsible county is exempt based on the 18 following criteria: 19 1. The county population in the most recent United 20 States Census totals fewer than 30,000 residents and the 21 proportion of county residents with incomes below the poverty 22 level exceeds 20 percent; 23 2. The property tax rate, including special districts 24 and municipal service taxes, of the county equals or exceeds 25 10 mills; or 26 3. The responsible county is currently contributing to 27 the financial support of a regional trauma system through 28 direct funding of trauma care, tax district support for 29 hospitals in the county designated as trauma centers, or under 30 the terms of an intergovernmental agreement with other 31 counties in the trauma region or a written agreement with the 5 2:21 PM 04/29/03 s0400c2c-37c3t
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 511996 1 nearest trauma center. 2 (c) Residence in the county at the time of the 3 hospitalization is verified by: 4 1. Current active driver's license; 5 2. Mortgage, lease, or rental receipt or letter from a 6 landlord; 7 3. Water, electric, or other public utility bill in 8 the name of the patient or a family member at a residential 9 address within the county; 10 4. A state, county, or federal document mailed to the 11 patient at a residential address within the county; 12 5. Vehicle registration in the name of the patient or 13 a family member at a residential address within the county; 14 6. Voter registration; or 15 7. Proof of children enrolled in public schools within 16 the county. 17 (4) Each county shall pay the amount specified in this 18 section, as determined by the Agency for Health Care 19 Administration, into the Medicaid Grants and Donations Trust 20 Fund. These funds shall be used in special Medicaid payments 21 to enhance the public funds available for federal matching 22 purposes. The total special Medicaid payments funded by these 23 county payments shall be paid to state-approved trauma centers 24 and shall be distributed in accordance with the General 25 Appropriations Act or other legislation related to 26 appropriations. 27 28 (Redesignate subsequent sections.) 29 30 31 6 2:21 PM 04/29/03 s0400c2c-37c3t
SENATE AMENDMENT Bill No. CS for CS for SB 400 Amendment No. ___ Barcode 511996 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 3, line 2, after the semicolon, 4 5 insert: 6 amending s. 154.306, F.S.; revising 7 requirements for county responsibility for 8 certain indigent patients to include patients 9 treated at state-approved trauma centers; 10 creating s. 154.317, F.S.; requiring 11 state-approved trauma centers to be responsible 12 for determining eligibility and residency of 13 certain patients for purposes of establishing 14 reimbursement by counties; authorizing the 15 Agency for Health Care Administration to adopt 16 rules for financial eligibility for certain 17 trauma care; requiring the Agency for Health 18 Care Administration to make final eligibility 19 determinations for disputed cases involving 20 reimbursement for trauma care of indigent 21 patients by counties; creating s. 154.317, 22 F.S.; establishing reimbursement procedures and 23 guidelines for the reimbursement of trauma 24 centers by counties; providing for the payment 25 and use of certain funds; 26 27 28 29 30 31 7 2:21 PM 04/29/03 s0400c2c-37c3t